Bellflower City Council Minutes Item No. 3 October 10, 2022 Page 2 of 12
3 RECESS TO CLOSED SESSION – Continued
B CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 7161-008-905
Agency Negotiator: Jeffrey L. Stewart, City Manager
Negotiating Party: 1991 Jacquelyn S. Connolly Revocable Living Trust Under Negotiation: Price and terms of payment
C THREAT TO PUBLIC SERVICES OR FACILITIES (Pursuant to Government Code § 54957(a)). Consultation with: Captain Dan Holguin, Los Angeles County Sheriff’s Department.
For the record, Closed Session adjourned at 6:58 p.m.
4 RECONVENE FOR OPEN SESSION
Mayor Dunton reconvened the meeting at 7:00 p.m. For the record there was no reportable action.
7:00 P.M. – OPEN SESSION
5 CALL TO ORDER
Mayor Dunton called the Regular Meeting to order at 7:00 p.m.
6 ROLL CALL
The following Members of the City Council responded present to roll call:
Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Raymond Y. Hamada
Council Member Dan Koops
Council Member Victor A. Sanchez
Staff Participants:
Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Jim DellaLonga, Director of Economic Development
Bernardo Iniguez, Public Works Manager
Anna Garan, Finance Manager
Travis Sais, Assistant to the City Manager
Dakota Wallace, Management Assistant
Bellflower City Council Minutes Item No. 7 October 10, 2022 Page 3 of 12
7 INVOCATION
Council Member Raymond Y. Hamada offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Director of Planning and Building Services Elizabeth Corpuz led the assembly in the Pledge of Allegiance.
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Dunton provided details relative to the “Trick-or-Treat on the Boo!-levard” Event to be held on October 28, 2022, in Downtown Bellflower.
Mayor Pro Tem Santa Ines provided details relative to the Los Angeles County Sheriff’s Department National Take Back Initiative to be held on October 29, 2022.
Council Member Hamada provided details relative to the Chamber of Commerce’s next Monthly Morning Mingle to be held on October 25, 2022.
Council Member Sanchez provided details relative to the Bellflower Volunteer Center’s Holiday Food and Toy Drive.
Council Member Koops provided details relative to how to return a Vote By Mail ballot for the November 8, 2022, General Election.
9-B PRESENTATION: Breast Cancer Awareness Month
Mayor Dunton, along with his City Council colleagues, announced that the City of Bellflower recognized October as “Breast Cancer Awareness Month,” read the proclamation into the record, and presented it to Nancy Gutzmer, Senior Development Manager at American Cancer Society.
9-C PRESENTATION: Filipino American History Month
Mayor Dunton announced that he and his City Council colleagues were recognizing October as Filipino American History Month.
For the record, the proclamation was given to Council Member Santa Ines, who would present it to the Philippine Consulate General on behalf of the City in an upcoming visit.
Bellflower City Council Minutes Item No. 9-D October 10, 2022 Page 4 of 12
9-D PRESENTATION: Project Update
As previously requested by Mayor Pro Tem Santa Ines, Director of Economic Development DellaLonga and Public Works Manager Iniguez 1) provided a PowerPoint presentation on current major development projects and Public Works projects in the City; and 2) responded to Council Members’ questions.
10 PUBLIC COMMENTS
Lee Squire, non-resident, addressed the City Council regarding alleged fraud and corruption at the Central Basin Municipal Water District and 1) requested that the City Council send letters to the Los Angeles County District Attorney and Los Angeles County Civil Grand Jury requesting an investigation of the finances of the Central Basin Municipal Water District, and to the Central Basin Municipal Water District’s Board President requesting the removal of the General Manager; 2) stated that he asked the City of Downey City Council to submit the same letters; and 3) for the record, submitted a copy of the indictment against the Central Basin Municipal Water District’s General Manager and his handwritten notes for the record.
Rodolfo Cortez, resident, 1) supported the comments made by Mr. Squire, a) expressing his own concerns of the alleged corruption at the Central Basin Municipal Water District; b) noting that rate payers are paying bills to the District while an inditement from the Los Angeles County District Attorney against the General Manager has occurred; and c) requesting the City Council pass a Resolution or submit a letter to the Los Angeles District Attorney to emphasize that the City does not want this corruption happening; 2) stated he was disturbed by the news of racist rhetoric by Los Angeles City Council Members and Los Angeles County Federation of Labor; 3) expressed that he was disheartened that City Council Candidate Juan Garza lists that he is endorsed by the Los Angeles County Federation of Labor and has campaign signs located next to signs for Linda Sanchez (Candidate for 38th U.S. Congressional District), expressing the opinion that she is associated with corruption; and 4) expressed the opinion that the public needs to research the candidates.
Hugh McLarnon, resident, 1) in response to the presentation regarding project updates, expressed excitement regarding the projects happening within the City; 2) noted his appreciation of the changes to the Code Enforcement process, which were approved at the September 12, 2022, Special Meeting of the Bellflower City Council, and asked that staff be mindful and kind when enforcing those policies; 3) detailed the ongoing issues with his property and dealing with an alleged corrupt contractor in the City, inviting his City Council representative (Mayor Dunton) to visit his property to witness the deteriorating conditions; 4) noted that he is a veteran and during the COVID-19 pandemic his veteran organization assisted the sick in ensuring that there was oxygen available; and 5) asked the City Council hold corrupt individuals accountable for their actions.
Bellflower City Council Minutes Item No. 10 October 10, 2022 Page 5 of 12
10 PUBLIC COMMENTS – Continued
Guy Bremer, resident, 1) stated that while researching the City Council candidates running in the November 8, 2022, General Election, he noted that one of the candidates indicated on their website that the City is operating with budget deficits and he was taken aback by that; and 2) requested that someone clarify the statement.
In response to comments provided by Mr. Bremer, 1) Mayor Dunton stated that he had just presented the State of the City showing great reserves and asked if staff could address the issue; and 2) City Manager Stewart stated that Finance Manager Garan was in attendance and could briefly speak about the current state of the budget.
Finance Manager Garan stated 1) the City’s financial health is the strongest that it has ever been in the City’s history; 2) noted that in Fiscal Year 2021, the City added
6.2 million dollars to the General Fund Reserve; and 3) explained the City is closing the books on Fiscal Year 2021-2022 and will be adding an additional 6.4 million dollars to the General Fund Reserve, for a total of 12 million dollars over the two fiscal years.
In response to comments provided by Mr. Bremer, Mayor Pro Tem Santa Ines 1) requested and received clarification from Mr. Bremer that he saw the statement on the candidate’s social media page; 2) expressed the opinion that Mayor Dunton did a great job presenting the City’s financial status at the State of the City; 3) clarified that the City works on a two-year budget cycle and holds City employees accountable for operating their departments within the budget; 4) expressed the opinion that the statement was unfair to the City and City staff; and 5) encouraged Mr. Bremer to ask the candidate where the data is coming from to support the statement made.
In response to comments provided by Mr. Bremer, 1) Mayor Dunton stated that the City has spent the last decade building the General Fund to assist the City’s growth and the City is seeing those results; and 2) Council Member Koops stated that the projects presented earlier would not be able to occur if the City did not have adequate funds.
John Butts, resident, 1) expressed concern about City Council Candidate Juan Garza’s campaign fundraising and signs, expressing the opinion that signs placed near Linda Sanchez’s appear to be a political ploy and are misleading as they say “Re-elect,” so the signs should be disposed of or the “Re” removed; 2) expressed dissatisfaction with the three-minute limit for public comments and questioned why the City Council and staff weren’t also limited to three minutes; 3) expressed the opinion that Council Districts need to be eliminated and term limits implemented for City Council Members; and 4) expressed the opinion that it appears Code Enforcement personnel and Public Safety personnel have not been enforcing the vendor cart policies, noting the area surrounding Bellflower High School.
Bellflower City Council Minutes Item No. 10 October 10, 2022 Page 6 of 12
10 PUBLIC COMMENTS – Continued
In response to comments provided Mr. Butts relative to food cart vendors, 1) Mayor Pro Tem Santa Ines clarified that food carts are allowed in Bellflower, but they need to be permitted, or staff can confiscate the products after fair warning based on the City’s ordinance; and 2) Council Member Sanchez requested and received clarification from City Attorney Berger that it is state legislation that requires local authorities to allow food cart vending on public sidewalks, with an allowance for certain regulations, which the City Council has already adopted.
For the record, 1) Mayor Dunton announced that he would recuse himself from Items 11-A (Golden Corral Restaurant, 17308 Bellflower Boulevard) and Item 11-C (Real Property located at 9818 Artesia Boulevard) due to a conflict of interest, as he owns property within 500 feet of the subject properties; 2) City Manager Stewart read the titles of Items 11-A and 11-B into the record; and 3) Mayor Dunton left the dais and Council Chambers at 7:53 p.m.
11 PUBLIC HEARINGS
A Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-61 – A Resolution authorizing the City Manager to execute Agreement File No. 616.4, in a form approved by the City Attorney, with Golden Flower, Inc. to lend funds for landscaping improvements at Golden Corral Restaurant (17308 Bellflower Boulevard), per the Economic Development Business Assistance Plan, Chapter 3.
City Manager Stewart introduced the item.
Director of Economic Development DellaLonga 1) provided a PowerPoint presentation of the Staff Report; and 2) along with City Manager Stewart and City Attorney Berger, responded to Council Members’ questions.
For the record, following discussion, Mayor Pro Tem Santa Ines asked the City Attorney for clarification with regard to Section 7.1.A of Agreement 616.4, noting that this provision is an oxymoron, in that it would make the loan forgivable.
In response to Mayor Pro Tem Santa Ines’s question, City Attorney Berger stated that he would take a final look at the section prior to executing the agreement.
Following discussion, it was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to open the public hearing.
Bellflower City Council Minutes Item No. 11 October 10, 2022 Page 7 of 12
11 PUBLIC HEARINGS – Continued
A Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-61 – Continued
There being no one in attendance wishing to present testimony, it was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to close the public hearing.
Following brief discussion, it was moved by Council Member Koops, seconded by Council Member Hamada, and carried by the following roll call vote, to adopt Resolution No. 22-61:
AYES: Council Members - Hamada, Koops, Sanchez, and Santa Ines
RECUSE: Council Members - Mayor Dunton
C Consideration and possible action to continue the public hearing relative to a potential Purchase and Sale Agreement with the 1991 Jacquelyn S. Connolly Revocable Living Trust U/D/T for the purchase of real property located at 9818 Artesia Boulevard (APN 7160-008-021) to the October 24, 2022, City Council Meeting.
For the record, 1) this item was considered out of order on the Agenda; and 2) Mayor Dunton had previously recused on this item and left the dais at 7:53 p.m.
City Manager Stewart introduced the item and recommended the public hearing be continued to the November 14, 2022, Regular City Council Meeting.
It was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to open the public hearing.
There being no one in attendance wishing to present testimony, it was moved by Council Member Sanchez, seconded by Council Member Koops, and carried by the following roll call vote, to continue the public hearing to the November 14, 2022, Regular City Council Meeting:
AYES: Council Members - Hamada, Koops, Sanchez, and Santa Ines
RECUSE: Council Members - Mayor Dunton
For the record, Mayor Dunton returned to the Council Chambers and dais at 8:10 p.m.
Bellflower City Council Minutes Item No. 11 October 10, 2022 Page 8 of 12
11 PUBLIC HEARINGS – Continued
B Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-62 – A Resolution authorizing the City Manager to execute Agreement File No. 959, in a form approved by the City Attorney, with Darts Corner LLC to lend funds for working/start-up capital and equipment acquisition at Darts Corner (17242-44 Downey Avenue), per the Economic Development Business Assistance Plan, Chapter 5.
City Manager Stewart introduced the item.
Director of Economic Development DellaLonga 1) provided a PowerPoint presentation of the Staff Report; 2) noted that the applicant was in attendance to answer questions; and 3) along with City Manager Stewart, responded to Council Members’ questions.
Following discussion, it was moved by Mayor Pro Tem Santa Ines, seconded by Council Member Koops, and carried without objection, to open the public hearing.
Tonia McMillan, Applicant, Darts Corner LLC., 1) thanked the City Council for the opportunity presented; 2) provided a background on the game of darts, the reason she opened Darts Corner, and the business since opening; and 3) responded to Council Members’ questions.
For the record, Council Member Hamada and Council Member Sanchez stated they had visited Darts Corner.
Following lengthy discussion and in response to various City Council Members’ concerns regarding the approval of a loan using taxpayer funds when the financial projections of the business were not in order, Applicant McMillian confirmed that 1) she is spending her own money for the purchase of goods; 2) part of the loan from the City would be used to pay outstanding debts; 3) the numbers presented were based on the working capital loan that was supposed to be received by her former investor; 4) the beginning cash balance listed each month is what she is projecting to put in; 5) she cannot afford to continue running the business with her own money if the City Council’s decision is delayed; and 6) she would provide bank statements and updated numbers to the City Council at a future date.
Following discussion, City Manager Stewart suggested continuing the public hearing to the November 14, 2022, City Council Meeting to allow the applicant sufficient time to gather the financial information requested by the City Council.
Bellflower City Council Minutes Item No. 11 October 10, 2022 Page 9 of 12
11 PUBLIC HEARINGS – Continued
B Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-62 – Continued
The following individuals spoke in favor of adopting Resolution No. 22-62:
Mike Wingfield
Francesca Hughes, Darts Corner employee
Shelia Baker, resident
Hugh McLarnon, resident
John Butts, resident
There being no one else in attendance wishing to present testimony, it was moved by Mayor Pro Tem Santa Ines, seconded by Council Member Sanchez, and carried without objection, to close the public hearing.
Following discussion, it was moved by Council Member Sanchez, seconded by Council Member Koops, and unanimously carried by the following roll call vote, to continue the public hearing to the November 14, 2022, Regular City Council Meeting:
AYES: Council Members - Santa Ines, Hamada, Koops, Sanchez, and Mayor Dunton
Recess: Without objection, Mayor Dunton recessed the meeting at 9:21 p.m.
Reconvene: Mayor Dunton reconvened the meeting at 9:33 p.m. with all Council Members present.
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
13 CONSIDERATION ITEMS
A Consideration and possible action to select an adjudicated newspaper for purposes of publishing legal notices for the City.
City Manager Stewart introduced the item.
Bellflower City Council Minutes Item No. 13 October 10, 2022 Page 10 of 12
13 CONSIDERATION ITEMS – Continued
A Consideration and possible action to select an adjudicated newspaper for purposes of publishing legal notices for the City – Continued
City Clerk Ochiqui 1) provided a brief verbal presentation of the Staff Report; and 2) along with City Manager Stewart, responded to Council Members’ questions.
For the record, without objection and at the request of Mayor Pro Tem Santa Ines, City Clerk Ochiqui confirmed that she would follow-up with additional information regarding 1) whether the 251 subscribers of the Los Cerritos Community News from the City of Bellflower were digital or print subscriptions; and 2) if the distribution numbers provided by Los Cerritos Community News included digital and print distribution.
Following brief discussion, it was moved by Mayor Dunton, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to select Los Cerritos Community News and direct staff to publish legal notices for the City in the Los Cerritos Community News newspaper:
AYES: Council Members - Santa Ines, Hamada, Koops, Sanchez, and Mayor Dunton
B Consideration and possible action to select one Member of the City Council to serve on the Technical Advisory Committee that will oversee the Infrastructure Improvement Program related to the sale of the Municipal Water System.
City Manager Stewart introduced the item and provided a brief verbal presentation of the Staff Report.
Following brief discussion, it was moved by Council Member Sanchez, seconded by Council Member Hamada, and unanimously carried by the following roll call vote, to select Council Member Koops to serve on the Technical Advisory Committee:
AYES: Council Members - Santa Ines, Hamada, Koops, Sanchez, and Mayor Dunton
14 CONSENT CALENDAR
Council Member Hamada requested that Item 14-D (Official Travel Report) be pulled for comment only.
Bellflower City Council Minutes Item No. 14 October 10, 2022 Page 11 of 12
14 CONSENT CALENDAR – Continued
With regard to Item 14-D (Official Travel Report), Council Member Hamada 1) provided a brief verbal report on the California Contract Cities Association 2022 Fall Educational Summit he attended along with Council Member Sanchez, noting that it included meetings with representatives of the California Earthquake Authority, which informed him that the City of Bellflower is on the 2022 list to participate in the Brace and Bolt Grants program that comes with a $3,000 grant to qualified homeowners; and 2) informed the City Council that two additional cities recently joined the California Contract Cities Association: the City of Alhambra and the City of Fontana.
It was moved by Council Member Koops, seconded by Council Member Sanchez, and carried without objection, to approve the actions stipulated on the Consent Calendar.
A Consideration and possible action to receive and file City Council Warrant Register No. 23-041, dated October 10, 2022.
Action: Received and filed Warrant Register No. 23-041.
B Consideration and possible action to authorize the Director of Public Works, or designee, to install a passenger loading zone serving 9920 – 9924 Flora Vista Street (C.E. #22 14).
Action: Authorized the Director of Public Works, or designee, to install a passenger loading zone serving 9920 – 9924 flor Vista Street.
C Consideration and possible action to approve the Minutes of the September 26, 2022, Regular Meeting of the City Council.
Action: Approved the September 26, 2022, Regular Meeting Minutes.
D Consideration and possible action to receive and file Official Travel Report – California Contract Cities Association, 2022 Fall Educational Summit, September 30 – October 2, 2022 (Pursuant to AB 1234).
Action: Received and filed Official Travel Report for the California Contract Cities Association, 2022 Fall Educational Summit.
15 COUNCIL REPORTS
Mayor Pro Tem Santa Ines, Council Member Hamada, Council Member Koops, Council Member Sanchez, and Mayor Dunton made various comments and reports.
Bellflower City Council Minutes Item No. 16 October 10, 2022 Page 12 of 12
16 ADJOURNMENT
Without objection, Mayor Dunton adjourned the meeting at 9:46 p.m., the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, October 24, 2022.
Ray Dunton, Mayor
City of Bellflower
Attest:
Mayra Ochiqui, City Clerk
Approved: October 24, 2022
OF BELLFLQWFCR
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TO: Honorable Ma or and Members of the Cit CouncilYY
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to award a contract to West Coast Arborists, Inc. for tree maintenance services without the need for bidding as otherwise required by the Bellflower Municipal Code, and authorize the City Manager to execute Agreement File No. 230.3, in a form approved by the City Attorney, with West Coast Arborists, Inc.
i
DATE: November 14, 2022
EXECUTIVE SUMMARY
This action would authorize the City Manager to enter into an agreement with West Coast Arborists, Inc. (WCA) for tree maintenance services utilizing the terms and unit pricing contained in the City of Irwindale's agreement with WCA.
RECOMMENDATION TO CITY COUNCIL
1) Waive the bidding requirements pursuant to City of Bellflower Municipal Code Subsection 3.28.120B;
2) Award a 3-year tree maintenance contract to WCA, utilizing Irwindale's agreement with WCA, in an amount not to exceed the annual adopted tree maintenance budget; 3) Authorize the City Manager to execute Agreement File No. 230.3 with WCA, in a form approved by the City Attorney; or
4) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The total compensation per year will be the amount budgeted by the City for tree maintenance services under account nos. 010-42329-3100 (General Fund - Tree Management), 125-42329-3910 (Measure R — Bike Trail Tree Management), and the respective building and grounds maintenance accounts for each park facility, in accordance with the rates contained in the attached price schedule. The proposed budget for FY 22-23 is $325,000 for account no. 010-42329-3100 and $45,000 for account no. 125-42329-3910.
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Staff Report - Awarding Tree Maintenance Contract to WCA r
November 14, 2022
BACKGROUND
Since 1994, WCA has provided the City with satisfactory tree maintenance services. In May 2017, the City entered into Agreement File No. 230.1 (AFN 230.1) with WCA for tree maintenance services utilizing the terms and unit pricing contained in the City of Monterey Park's agreement with WCA. WCA's services include street tree grid pruning, park facility tree pruning, service request tree pruning, tree planting, tree and stump removal, and emergency clearing of trees as requested by the Public Works Department. AFN 230.1 was set to expire on June 30, 2022; however, the City entered into an amendment with WCA to continue services on a month-to-month basis, under the same terms and conditions, until the City enters into a new tree maintenance services agreement.
DISCUSSION
In the last year, several cities in the region have undergone the competitive bidding process for tree maintenance services and awarded contracts to WCA for tree trimming services, including the Cities of Irwindale, Coachella, Azusa, Agoura Hills, and South Pasadena.
The table below illustrates current WCA rates for the most common services for the five cities above, including Bellflower's current rates which have been in effect since 2017:
Irwindale Coachella Azusa Agoura Hills So.Pasadena
Awarded Awarded Awarded Awarded Awarded
WorkType Unit Bellflower 7/14/2021 6/22/2022 6/21/2021 5/4/2021 9/21/2022 Current
Grid Pruning Each $ 52.00 $ 70.00 $ 72.00 S 74.00 $ 89.00 $ 90.00 Clearance Pruning Each $ 52.00 $ 62.00 74.00 $ 72.00 Service Request Prunin Each $ 107.00 $70-$330 $72-$297 $ 174.00 $72-$382 $70-$380 Aesthetic Tree Pruning Each $ 184.00 $70-$330 $ 242.00 $ 244.00 $72-$382 $70-$380 Crown Reduction/Restoration Each $ 244.00 244.00 $72-$382 $70-$380 Date Palm Pruning Each $ 125.00 $ 70.00 $ 197.00 $ 74.00 $ 150.00 $ 225.00 Palm Pruning Each $ 52.00 $ 70.00 $ 72.00 $ 74.00 $ 82.00 $ 90.00 Palm Skinning LF $ 10.00 $ 17.00 $ 19.00 Root Pruning LF $ 10.00 $ 20.00 $ 27.00 20.00 Tree and Stump Removal Dia.lnch $ 28.00 $37-$42 $ 44.00 $ 44.00 $ 40.00 $ 45.00 Tree Only Removal Dia.Inch $ 18.00 $22-$27 $ 34.00 $ 34.00 $ 30.00 $ 30.00 Stump Only Removal Dia.lnch $ 30.00 $ 15.00 $ 14.00 $ 18.00 $ 17.00 $ 15.00 Plant 15 Gal w/ RB Each $ 254.00 $ 225.00 224.00 $ 192.00 $ 224.00 Plant24"Boxw/RB Each $ 394.00 $ 395.00 394.00 $ 392.00 $ 448.00 Plant 36"eox Each $ 994.00 $ 1,075.00 1,100.00 850.00 Tree Watering Day $ 554.00 $ 720.00 752.00 $ 782.00 $ 720.00 Arborist Report' Each $ 144.00 $ 150.00 $ 190.00 $ 174.00 $ 142.00 $ 170.00 Crew Rental CrewHour $ 70.00 $ 95.00 $ 95.00 $ 94.00 $ 92.00 $ 90.00 Emergency Crew Rental CrewHour $ 90.00 $ 120.00 $ 125.00 $ 134.00 $ 132.00 $ 130.00 The current cost for Arborist Reports is based on per individual report. Arborist Reports under the new bids are based on an hourly rate.
2-
i .
Staff Report — Awarding Tree Maintenance Contract to WCA November 14, 2022
DISCUSSION — Continued
Bellflower Municipal Code Subsection 3.28.120B (BMC) allows the City's Purchasing Officer to utilize an existing agreement entered into 1) by the Federal, State, or County government, or any other municipal or public corporation; 2) with a supplier; and 3) pursuant to a competitive purchasing program that is similar to and reasonably consistent with the City's procurement process; provided, that sufficient funding for that purchase is provided in the current budget.
On November 7, 2022, WCA submitted a tree maintenance services proposal to the City, agreeing to provide the City with the same terms and pricing contained in frwindale's tree maintenance agreement. Public Works staff reviewed Irwindale's bid process and award of contract to WCA, and found it to be similar to and reasonably consistent with the City's procurement process. WCA has proven to be a reliable contractor, with a high level of professionalism and exemplary safety record. Besides performing the normal Citywide maintenance tasks, they have been highly responsive to our needs regarding same day hazards as they occur, or emergencies brought on by wind or rain events.
Therefore, we are recommending that the City Council waive further bidding requirements, in accordance with the BMC, and award a tree maintenance contract to WCA, as it would be impractical and uneconomical to utilize such bidding procedures since WCA's rates are extremely competitive within the market and were previously vetted by another public entity.
ENVIRONMENTAL REVIEW
Taking the recommended action would not result in a potential for resulting in a direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a "project" under the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations (CCR), Title 14 §§ 15000, et seq.). Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or alteration in land use limitations (see CCR title 14 §§ 15301, 15305).
ATTACHMENTS
AgreementFile No. 230.3..................................................................................................... 4 City of Irwindale Agreement, dated July 14, 2021 ................................................................ 6 PriceSchedule ................................................................................................................... 39 Beliflower Tree District Locations Map ............................................................................... 45 Bellflower Projected 3-Year Pruning Cycle (Districts 1 through 6)...................................... 46 WCA Proposal, dated November 7, 2022........................................................................... 47 3-
AGREEMENT FILE NO. 230.3
BETWEEN
THE CITY OF BELLFLOWER AND
WEST COAST ARBORISTS, INC.
FOR TREE MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into this 14th day of November, 2022 by and between the CITY OF BELLFLOWER, a general law city and municipal corporation ("CITY"), and WEST COAST ARBORISTS, INC., a California Corporation CONTRACTOR"). The Parties agree as follows:
1. In June 2021 , CONTRACTOR submitted a bid to the City of Irwindale Irwindale") for tree maintenance services (the "bid"). The bid conforms with all of CITY's competitive bidding requirements as set forth in the Bellflower Municipal Code BMC"). Subsequently, Irwindale and CONTRACTOR entered into an agreement that is attached as Exhibit "A," and incorporated by this reference (the "Master Agreement").
2. A review of the bid demonstrates that it is in the public interest for the City Council to waive further bidding requirements in accordance with BMC
3.28.120(b) as it would be impractical and uneconomical to utilize such bidding procedures since CONTRACTOR's rates are extremely competitive within the market and were previously vetted by another public entity.
3. All references in the Master Agreement to "CITY" are to the City of Bellflower. All references in the Master Agreement to "Contract Officer" are to CITY's City Manager.
All locations and schedule of performance identified in Exhibit "D" of the Master Agreement are changed as set forth in the attached Exhibit "B," which is incorporated by reference (the "Locations and Schedule of Performance").
Section 2.1 (Contract Sum) of the Master Agreement is amended to read:
2.1. Contract Sum. For the services rendered pursuant to this Agreement, CONTRACTOR will be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding CITY's annual adopted tree maintenance budget for CONTRACTOR's services."
Section 2.3 (Additional Services) of the Master Agreement is amended to read:
2.3. Additional Services. CITY has the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the CITY's City Manager to CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of CONTRACTOR. Any increase in compensation of up to 25,000 may be approved by CITY's City Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed."
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City of Bellflower
Agreement File No. 230.3
West Coast Arborists, Inc.
The term of this AGREEMENT will commence on December 1, 2022, and end on June 30, 2025. CITY may, at its sole discretion, extend the term of this AGREEMENT for up to three additional one-year terms. Except as specifically modified by this Section, all other terms and conditions of the Master Agreement remain the same.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER WEST COAST ARBORISTS, INC.
Jeffrey L. Stewart, City Manager Patrick O. Mahoney, President ATTEST:
Taxpayer ID No. 95-3250682
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
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AGREEMENT FILE NO. 230.3 - EXHIBIT A
MASTER AGREEMENT
CITY OF IRWINDAL;
COl''1'RACT/YROFESStONAL SERVIC S A(REEMF.NT FOR CITY-WillF.
TRI:E TRIMMING,vIAt1VTENANCF, ANll ARRORIST INSFECTTON SE1tVICLS IIIS CONTRACT SERVICF,S AGIl FMEN"1'(hereit2"Agreement")is made and entered ieit ihis 14`h
day of July,2021, by and between the C11 Y Or'IIZWINDALL a California municipal coiporation,herein ("f_'iry") and West Coast Arborists, Inc.,22(}0 E. Via Rurton Street, Anahcim, C.192806 (hcrcin "Contractor"}.
NOW, 'I'HF,R I ORR, the parties l ereto agree as follows:
1. SERVICES O COI1'TItACTOR
1.1 Scope o#'Seivices. In compliance with all of the terms and cc nditions ofthis lgreezzlerit, the Contractor shall pert'oz n thc work or scrvices sct forlh in the"Scope of Services" aitached hereto as Lxhibit "A"and incorporated hercin by reference. Contractor warranis that all work and services set professional a.id satisfactory manner.
1.2 C mpliance With I:aw. Alt wock and services rendered hereunder shall be in accc rdance with all ordinances, resolulions, statutes, iules, and regulalions of the City and any l ederal, Statc c>r local goverz uiental gency of compctent jurisdiction.
1.3 Licenses,Ycrmits, Fees and Assessments, Contractor shall obfain at its sole cosl and cxpense such licenscs, per nits, and approvals as may be required by Iaw tor the performance of the services requireci by the Agrecmenl. Contraetor shall have the sole bligation lo pay for ny fccs, tssessmenls and taxes, plus applicablc pen tlties and interest, which may beimposedbylawandarisefromorarenecessary (>r the Contractor's pet•(oruiance ol'the scrvices required by this Agreement, and shall indemnity, dcfend and hold liarmlcss City, its ofticers, cmployecs or agents of City,againsl niy such (ees, assessments,taxes,penalties or intcrest levicd, assessed or imposed ag inst Cily liereunder.
1.4 California 1,abor Law.
If the 5co e of Service ' p s inciudes any public work or ma ntenance wark, as those terms are defincd in California Labor Code section 172U et seq. and CaIifornia Code of Regu]ations, Title 8, Section 16U00 et seq., and if the total eompensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply ith the requirements in California i,zbor Code section 1770 e! seq, a d 1810 et sey., arid all other applicable laws, including the following rcquirements:
a) Yublic Work. 'The Partics acknowledge that some or all of the work to be performed under lx is Agreement is a "public work" as detined in Lahor Codc Section 1720 and CONTRACT AGREEMENT"1"
6-
that this Agrecment is therefore subject to the rec uirements o,f Division 2, Part 7, C}iapter 1 commei cing with Sectian 172Q) of the Calili rnia Labor Code relating to public vorks contracts and the rules and regulations established by thc llep-ixnent of Indus rial kclaticros ("ll1R") implcmenting such statutes. The work perf.ormed undez this 1.greement is subject to compliance monitoring and enforcement by the 17IR. Contraclar shall post job site notices, as prescribed hy rcgulatioz.
b) Prevailin Wa es. Contractor shall pay prevailing wages to the extent required by Labc r Code Seetion 1771. Pursuant to Labor Code Seetic>n 1773.2, eogies of the prevailing rate of per dien wages are c n file at City IIall and wilt be madc available to any interestea party on request.I3y initiating any work under this 1lgreenlent,Contractor acknowledges reeeipt of a copy af he Depariment. of Industrial Relations (I?IIZ) dctermination of the prevailing rate of per diem wages, and Contractor shall post a copy o'the same at each job site. where work is perforrned under this Agreeinent.
c} Penaltv,for I ailure to_Yay 1're ailui VVa es. Contractor shall comply vilh and be houild by the p•ovisions of'T,abor Code Seclions 1774 and 1775 concerning the payment of prevailing rates o£wagcs ic workers and the penaltics for tailure to pay prevailing wages. The Contractor sha]1,as a penalty to the City, forfeit two hundzed dollars($200)for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as detcrmined by the llIR (r the work r craft in which thc worker is employed for any ublic work done pursuant to tlus lgreen ent by Contraetor or by any subcont•accor.
d) Payrol] Records, Contractor sha[I cotnply with u d be bound by thc provisions of Labor Code Seciion 1776,vvhicl requires Contractor and each subconsultant to:keep accurate payroll records and verify such records in wrilixig tmder penalty of perjury, as spccified in Secti n 1776; ecrtify and make such payroll records avaitable for inspection as provided by Scctic n 177G; and inf'onn thc City of'the locaiion ofthe rccords. c) A prentices. Contractor shall cornply with and be bound by dic prc visions of I.abor Codc Seclions 1777.5, 1777.6, and ]777.7 and California Code o#Regulatians Title 8, Section 20t)et seq, concerni zg the emptoyment of apprenlices on public works projects.Contractor sha11 be responsible for compliance with thesc aforementioned Sections for all apprenticeable occupations. Prior ta cummencing work undcr this Agreement, Contractor shall provide City with a cc>py of'tlie infonnation submitted to any applicable apprenticeship prograzzi. Within sixty (60) days after concludi.ng work pursuant to this Agreemeni, Coutractor and each of its subconsultants shall subrnit to the City a verified staternent of the jounieyman and apprenticc hours perfarn ed imdcr this Agreement.
F,i€;ht-Iiour'Vork Day. Contractor acknowledges that eight (8) hours labc r constitutes a legal day's work. Contcactor shall cc mply with and be bound by I.abor Code Section xto.
g) Penalties for F.,xcess.Hours. Gontractor shall comply with and be bound by the provisions of Labor Code Sectiou 1813 concerning pcnalties for workers who work excess hours. Contractor sha11, as a penalty to the City, forfeit twenly-five dollars {$25) for each worker employed in the perfortnance of this grcement by the Contractor or by any subcontractor;for each calendar day di rinb whieh such worker is required oz permitted to w rk more than eight(8)hours CON7RACT AGREEMENT"2"
iu any onc calenda.r c ay and forty(40}hours in a iy onc calendar week in violati n c f'the provisions of llivision 2,Part 7,Chapter l,Art.icle 3 ofthe Labor Code.Pursuant to I,abur Code section 1815, work per#'ormed by employees of Contractor in excess of eight (8) hours per day, aiid forty (40) hours duriug any one week shall be permitted u on public work upan campensation far all hours worked ui excess oi'8 hours per day at nol less than one and one-lialf(1%z)times the basic rate of PaY•
h) Workers' Com ensatign. Calirornia Labor Code Sectiuns 1860 and 3700 provide that every emplayer will Ue required t sect re the paymen! oI compensation to its employees if it has empIoyees.In accordance with the provisions af Califoriva Labor Code Section 18G1, Contractor certifies as follows:
I am aware of the provisions of Section 3700 of the I,ahor Code which require every eruploycr to be insured against liability tor workcrs' cornpensation or to undertalce self-insurance in accordance lh the provisions ot'ihat cade, and ! wil] eomply with such provisions bef'ore conunencing the rlormance of the work of' tttis conlract."
Consultant's Authorized Initials
i) Contractor's Respo sibility for Subcontractors; l or every subcontractor who will per.form work under this Agrecmcnt, Conlractor shall be respoz sible for such subconfractor's compliance it.h Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall rtiake such compliance a requirement iu any contract with any subcontractor for work undcr tl is Agreement. Contractar shall be requircd to take all actions ueccssary to enforee sueh contracival provisions and ensure subcontraetor's compliance, ineluding without limitation, conducling a z-eview of the cerli[ied payroll records ot'the subcont•actor on a periodic basis or upc n becom ing aware of the f'ailare of the sube ntraclvz•to pay lus or her workers ihe specificd revailing rate of wagcs. Contractor shall diligently take correctivc action to halt or rectify any such #'ailure by any subccmta•actor.
I.S Pamiliarity with Work.
13y exec;uling this Agreement, Contractor warrants that Contractor (i) hati thoroughly investigated and considered the scope of services to he performed, (ii) has care ully considered how lhe services should be performed, and {iii) fially understands the f'aczlities, difficulties and restrictions attendirig per[orznance of the services under this Agreeme lt. If the serviees involve work upon any site, Contractor warrants lhat Contractor has or will uivestzgatc the sile and is or will be fully acyuainted with the conditions therc existing, prior to commencement of services hereunder. Should thc Contractor discover any l tent or unknown c nd'ztions, whieh will rnaterially affect the erformance of the sen ices hereunder, Contractor shall iu iediatcly inf'onn the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from Ehe Contr ct Officer.
1.6 Care of Work.
The Cont•actor shall adopt reasonablc meihods during the life of the A€;reemcnt to furnish eontinuous protection to ihe wock, aud the equipment,materials,papers,documents,plans,studies CONTRACT AGREEMENT"3" 8-
anci/or other compcments thereof to prevent losscs ar c annages,and shall be responsiblc for all such damages, to persazls or properEy, until acceptai ce o.f the work by Gity, e cept suc.h losses or dainages as may be caused by City's own negligezice.
1,7 Purther Responsibitities o.[''arties,
3o#h partzes a ree to use reasonable c ue and diligence to perform their respectivc obligations under this Agreemezit. }3oth parties agree to act in good faith to cxecute all uistrumeni.ti, prepare alI dacuments and take all actions as may be reasonably necessary to cazry out the purposes af this Agrccment, U iless hcreaf er specified, neililer party shall be resgc nsible for the service of the other.
1.8 Special Requirements.
Additional terr is and conditions of this A•eement, if any, which are made a part hcrcol' are set l rth in thc"Special Rec uirements"attached hereto as F.xhibit"3"atia i corporated l erein by this reference. In the event of a con#lict betwec the provisions of F,xhibit "I3" and any other provisions af ihis Agreemcnt, the provisions of}:xl ibit"I3"shall goven.
2. COMPF,NSATION
2.1 Contract Sum. For the services rendcred pursuant to this Agreeme t, Contractc r shall be compensated in accordance with the "Schedule of Compensation" attached hereto .s F,xhibit"C" and incorporated herein by this reference, but not exceeding the maximum base contract amount of Pive Hundred Seventy-six T1 ousand Six-hundred azid Porty-five and 00/100 Dollars ($576,fi45.U0) for the Term (dcfir ed herein later in Section 3.4), based on the aiuival amount of One Hundred Ninety-two Thai s id '1'wa-hcindred and I ifteen and 00/l0U llollars ($192,215.0U), which amounts include all reimbursahle expenscs ("Contract Sum") but does ilot iuicludc the CPI uicrease each July 1 detcrn ined by the March-March 12-monlh calculatian for the i,os Angeles area that will begin on July 1, 2U22. For any I;xtended Terni defined hercin later in Section 3.4), the Contractc r shall be compensated in accordance with the Schcdule of' Compcnsation" attached hereto .s Exhibit "C", bu1: not exceecGng the maximum amount oCTwo I-lundred Fifteen I'housand 00/100 Uollars($21 S,OOO.OU)for each Extendcd'l erm.
2.2 Invoices. Each tnonth Contractar shali furnisl2 to City an original invoice for all work perfonned az.d expenses it ctured duritzg the preceding month in a form approved by Cily's D'u•ector of 'ina.ncc. By submitting an invoice for payment under this Agreexnent, Contractor is certzfying comgliance vith ail provisions of tlzc lgreement. 1'hc invoice sha 1 detail charges for all necessary anci actual expcnses by the foltowing calegories: labor(by sub-category), travel,maCerials, equipment, cupplics, and sub-contractor conirxcts. Sub-contractor charges shall also be detailed by such categories. Cont-actor shall not invoice City for any duplicate services per#ormed by more than one erson.
City shall independently r view each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this A•eenient. Except as to any charges for work perfonned or expenses it curred by Contr ctor which are disputed by City, City will use its besl efforts to cause Contractor to be paid within forty five (45) days of reccipt of Ccmtractor's co Yect and undxsputed invoice; however, Contractor CONTRACT AGREEMENT"4"
9 acknowledbes aud agree5 lhai due to City warrant run procedures, the City cannot guarantee that payment will occur within this timc period. In the event any charges or expenses arc disputed by City, the original invoice shall be retumed by City to Contractc r tor correction and resubmission.
Review and payment by thc City of any invoice provid d by tlie Contractar shall not c nstitute a waiver uf'any rights or remedieti provided hercin or any applicable law.
2.3 Additional Services. City shali have the right at any time during the perfornlflnce of thc services,wiihout invalidating ihis Agreerricnt,to order extra work beyond that specified in the Scope of Serviccs or make chat ges by altering, adding#o or deducting fi•on. said work. No such extra work may be undertal:en utiless a writEeix order is first giv n by the Contract fficer lo the Cont•act r, incc rporating therein any adjustment in (i} the Cont•act Sum for the actual cost of the exh•a work, and/or (ii) the time to perforn this Agreement, which said adjust.ncnts are subject to the written approval of the Contractor, Any increase in compensation of up to ten pe.rcent(10%) of the Contract Sum but not exceed'ulg a total conirac:t am unt of I ive llx usand Dollars($S,Q00)ur in the time to perform of up to ninety(9{))days rrxay be approvcd by the Contract Offcer. Any greater inereaseti, taken either separately or cumulatively, rnust be approved by the City Council. No Cl ilill for an inerease in ihe Contract Surn or tinie for perforrr ance shall be valid unless the procedures estahlished iai this Section are (llowed.
3. YEKFORNtANC SCI llULF,
3.1 ;1'imc of F.ssence. Timc is of the essence in the performatace of this llgreeinent.
i.2 Schcdule of PerL'onnance. Contrae.tor shall co iunence the services pursuaiit to this Agreenient upon receipt of a writteu notice to proceed and shall perform all services within the tin e period(s) established in the "Schedule oi'Performance" attached hereto as Lxlubit "D" and incorporatcd h rein by this refercnce. When requested by the Conlractor, e ctensions to the time period(s) speci(ied in thc Sche.dute o Performance may be approved in writing by tl e Contract Oflicer but not exceeding lhirty (30) days cumulatively.
3.3 Force Maj_eure. 1 he time period(s) speci(ied in the Schedule of Performancc for pertozmanee of the services rendercd pursuant lo Chis Agreement shall be extended because of any delays due lo unforeseeable causes beyoud the control and without the fault c r negli;ence of the Contractor, including, but not resiricted to, aets of CTod or of the public enemy, u iusually severe weather, fires, carthquakes, floods, epidcmics, quarantine restrictions, riots, st ikes, freight eTnbargoes, wars, li igation, and/or acts oi' any overnn cntal agency, including the Cily,if tlie Coutractor shall within ten(lU)days o!'the conunencement Psuch delay notify the Cc ntraet Officer in wriling of the causes of the delay. "I'he Contracl Qificer shall a ccrtain Ihe acts aud thc;ctent of delay, and cxtend lhe time for performing the services for the period of the enforced delay when and if in the judgment of the Contracl Officer such dclay is justified. The Contrac;t Officer's determination shall be final and conclusive upou the parties to t}is A•eement. In no event shall Contractor be entiticd to recover danaages against the City for any delay in the performance of this Agi•eenient,howevcr caused, Conti•actor's sole remedy bein extension of the A-eeznent pursuant to this Section.
CONTRACf AGREEMENT"5" 1 O-
3.4 Term. Unless earlier ternunatcd in accorda lce with Article 7 a1' this Agrcemcnt, this Agreement shall continue in full force and effect until cocnplction of the services but nol exceeding tl rce (3) consecutive years from the dafe hereof(""I'erm"). City reserves the right,in its sole discrctic>n,to extend the"I'crm of this Agreement foc•up to a maximwna of three(3) consecutive one-year periods (each cxtended zte-year term shall be refen•ed to as, "Extcnded 1'erm"). City shall exercise its right to extend the 1'erm of the Agreen ent by roviding Contractor ith r n-itten ziotice of its intcnt t extend the '1'erm ar any Fxtended Term of this Agreement not less tlaan tlurty(30) calendrir days prior to thc ex iralion of the Term or any F,xtended Teim of this Agreement.
4. CDORDINA'1'ION OF WORK
4,I Representativc of Conixactor. Victor Gonrale,Vice'resident of 13usiness Uevelopn en[, is hereby designatrd as being the representative of Contractor authorized tc> dct on its behal.f with respect to the work and scrvices speci[ied herein and malce all decisions in connection therewith. All persoruiel of Contractoz and ny authorized agents silall be under the eaclusive direction of the representative al'Con•actor. Contractor sha(I utilize only cornpetenE personnel to pezforn2 services pursuar t to this Agrecnnent. Contractor shall make every reasc nable el t rt to maintain thc stability and continuity of Contractor's staff aud subcontractors, and shall keep Cit}infortned of any ch nges.
4.2 Ccmtz•act Of_ficer. William Tam, City Managcr or such person as lnay be designatcd by ihe City Managerj is hereby desi iated as bcing the representative tlie City authorized to act in its behalf witl respect to the work and services specified herein and make all decisions in connection thcrewith ("Cont•act Ufficer").
4.3 Yrohibition Aga iiLst SuE contraciin or Assi unent. Contractor shall not contract witl any entity to per.f'onm in whole ar in part the work or screices rec uired e eunder without the cxpress writlen approval of the City. I leither this Agreement nor any interest hcrcin may bc assigned or tra isfei ed, voluntarily or by operation at' law, wiChout the prior written approval o#City. Any such prohibited assi unent or transfer shall be void.
4.4 lndcpcndcnt C'nlractor. Neither the Cily nor any of its employees shall have any co atrol over the manner, rziode or means by which C.ontractor, its agcnts or em i.oyees, perfonn the seivices required herein, except as othen.vise set forth. C:ontractor shall perform all services required hereiix as an inde cndent Contractor consistent aith thal role. Contractor shall not at any time or in aziy man.ner re resent that it or nay of its agent r employecs arc agent 5 ar employees ot City.
S. INSURANCE
S.1 Required lnsurance Policies. Without li iting Cont•aetor's indemnilication of the City and prior to commencemcnt of work, C ntractor shall obtain,provide and maintain, at its sole cost and expense,in a form and content satisfactory to City, during the entire tenn of this Agreement
a) Comprchensive Geueral Liabzlity Insurance. Contractor shall maintait com z ercial general liabiliiy ii surance with coverage at least as bro d as lnsuranee Services Office CONTRACT AGRELMENT"6" 11-
form GG 00 O1, in an amount not less than $5,00,000 per occurreuce, $1U;000,000 generai a;negate, for bodily injury, personal injury, and p•operty damagc, including withc ut limitation, blanket contractual liability. The policy must i clude contractual liability that has not been aniended, Any endorse nent restricting standard 1SO "insured contract" language will not be accepted,
b) Autoluobile Liability Insurance. Contxactor shall maintain automobile insurance at least as broad as Insurance Services O#ice forui CA 00 O1 covering bodily injury and property damage for all activities c f lhe Contractor arising out of or in connection with services to be performeci under iis Agreement, ineluding eoverage Cor any c vned, }ured, non-otivned or rented vehicles, ut an amount not lcss than $5,000,000 wmbined single limit for each accidcnt. c) Professional Liabilitv. (F,rrors and omissions) insura ice. Contractor shall inaintain professional liability insurance that covers the Services to b performed in connection rith this Agrccntent, in lhe minizxzum amaunt of 1,000,0()(} p r claim and in the aggregate. My policy inception date, contii t ity date, or retroactive date must be heft xe the effective date of this a reeme at atid Contractor agrees to maintain conlinuous coverage t1u-ough a periad no less ihan tl ree years after complction c f the services required by this agrecment. d) Workers' Compensatioit Insurance. Contractor shall maintain Workers' Coinpcnsation Insurance (Stalutory Limits) and Lmploycr's Liability Insurance(with limits of at lcast 1,0()0,000).
2 Other Provisions or Req_uirements.
a) Proot of I surance. Contractor shall provide certificales of insurance to City as evide ce of the insurance coverage required in seclion 5.1, and for purposes of Workers' Compensation Insurance Contractor shall suhmit a V4 aiver of Subrogation cndorsemcnt in favor of Cif_y, its of iccrs, agcnts, emplc yees azid volunteers. Should thc Contractor be a s>le proprietor, the Contractor shall cc mplele d suUmit a decla.ratioc of salc proprietors li rm to the City in lieu of proof ot' Workers' Compensation as it not required fi r sc le proprietors. 'I'he insurancc ceriitic tes and endorsements must be approved by City's Risk Manager prior to commencement of performance of services. Current cerlitication of insuranee sha11 be kept on file with City at all tunes during the tetm of thi5 Agreement. City reserves the right to require con plete, certified copies of all required insurance policies, at any time, b) l uration of Coveragc. Contractor shall procure and maintain each of the insurance policies requu•ed iu Section 5.1 for the duration of the A reement, aud any eatension lhereo.(:
c) YrimarylNoncontributin Coverage provided by Contractor shall be primaxy and any insuranec or self-ir surance procured or maiiit.ined by City shalt be excess io the Contractor's insurance and shall nol contribute with it.The liinits of insurance required herein may be satisfied by a combination of'priniary and umbrclla or cxccss insurance. ny umbrella or excess insurai ce shall contain or be endorsed to eontain a provision that such cc ver e shall also apply CONTRACT AG R Ef M ENT'7" 2-
on a pt•in2ary and non-contributory basis for the benefit of City before the City's own insw ance or sel(=insurance shall be called upon to protect it as a named insured. d) City's Ri hts.of Lnforcement. In the event any p licy of insurance requi•ed under this Abreement does not compty with these specilications c r is canceled and not replaced, ity has the right but not the duty to btx in lhe insurn ce it deems necessary and auy premium paid by City will be promptly reimbursec by Contractor or City will with.hold amounts sufficient to Pay remium (ronn Contractor payments. In thc altcrnative, City may cancel ihis Agreement. e} Acce table IiLst rers;AII inst ranec policies shall be issued by an insurance cc i pany currently authorized by the Insurance Commissicmer to transact business of insur.uee or is on thc List of Approved Sur lu.5 I,ine Insuze-s in the State of California, with an assigned policyholders' Rating of A- (or higher} and Pinancial Size Catcgory Class VI (or larger) in accordance with the latest edition of 13est's Kcy Rating Guide, unless otherwise appraved by the City's Ftisk Managcr.
fl Waiver of Suhro atic n. All i isurance coverage maintaiued or procured pursuant to this /lgreernent shal! be endoz sed to waive subrogation against City, its cicctcd ar appointed c>fific;ers, ;ents, fficials, employees and voluntecrs ur sha11 specifically allow C;ontractor or others providing insurancc cvidence in compliance with lhese sPecifications to waive their right of recovery prior to a loss. Contraclnr hereby waives its own ri;ht of recovery against City, and shall rcquire similar written expzess waivers and insurance clauses from each of its subcontractors.
g) F,nforceniezit of Coutract..._.Yroyisioiis (non csto pcl). C ntractc r acknowledges and agrees that any actual or allcgcd failure on the part of the Cify tc infornn Contxactor of non-compliance with any requircmcnt imposes no additional obligations on the City nor does it waive any rights hereunder.
h) ltequirements 1'ot t,imitin Requizeme ts of specific coverage features or Iimits containcd in this Section are not i atended as a limitation on covcrage, limits or other requirements,or a waiver o#'any covera;e noimally providcd by any insurancc. Specific reference to a given coverage feature is for purposcs of clac•ification only as it pertains to a given issue aa-d is not intended by any party or insured to be all ineiusive,or lo the exclusion of other coverage, or a waiver of any typc. If the Coniraclor maintains l igher limits than the minunums shown abovc, thc City requires and shall be entitled to coverage far thc higher limits maintained by the Contractc r. Any availabie insurance proceeds in cxcess of the specifieti minimum limits of insurance and coverage shall be availablc to thc City.
z) Notice of Cancellation. Contractor agrees to c blige ifs insurance ageixt or broker and insurers to provide to City ith a lhirty (30) day notice of cai cellation (eacept for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for cach rcquircd covcraga
j) Additional Insured Statu.5_ Gener l liability and at touiobile policies shall providc or be endorscd lo provide th it C'ily and 'zts officers, officials, employecs, agcnts, and CONTRAC7 AGREEMENT""
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volunteers shall be additional insureds under such policies. '1'his provision shall also apply to any cxces/umbrella liability policies.
k} Prohihition of Undisclosed Covera,e Limitations. None of the coverages required herein will be in compliancc with these requiremenis if they include any limiting endorsemezrt of any kind that has not been first subrnit.ted to City aud approvcd by thc City in writing.
1) Sepa-atian ot'Insureds. A severability of interests provision must appZy for all additional insureds ensuring that Contractor's insuranee shall apply separately to eaclz insured against whom clauu is made or suit is brought, except with espect to the insurer's limits of I liability. The policy(ics) shall not canlain any cross-liability exclusions. m) Yass `I hrough Clause. Co itractor agrees to ensurc that its sub(.ontractors, subcontraetors, and any other ptu ty involved with the scrvices, which a•e lhe subject of this t greemeni, who is brou;ht onto or involvcd in ihese services by Contractor, rovide the same minii um insurance coveragc and cndorsements required of Contractor. Contractor agrees to mo utor and review all such coverage and assumes all responsibility for cnsuring thal such coverage is provided in conl'ormit:y with the requirements of this section. ConLractor agrees that upon request, al] agxeements with Coutractors, subcontractc rs, and others engaged in the services will be si.ibmit:ted to City for rcvicw.
n) City's Ki ht to Revise Specific.tionti.Tl e City reserves the right at any time duri l;the term of the Agrccment to change lhe amounts and types of insurance required by giving the Contractor nincty (90) days advt nce written notice of such changc. If such change results in substantial additivnal cosl lo the Contractor,thc City and Contractor may renegotiate Contractor's compensatic n.
u) Deductibles/ .Self-insured Retentions. Any deductibles and self-insured retenlions naust be declared to and approved by City. At the option of the City, cithcr: thc insurer shall reduce or eliminate such deduc ibles or self-insured retentions with respect to the City, its officers, officials, employee, agents and voltmteers, or thc Go xtractor shall provide a financial guarantee satisf'actory Co the City guarantccing paymcnt of losses and related i vesti ations,claims admi listration and defense expensc.
p) Timely Noticc of Claims. Contractc r shall give City prompt and timely notice of claitns made or suits instituted th t arise out o#or result from Contractor's periormance under this Agrcement,and that inv ive oz n ay involve coverage undcr any of the required liabilit.y policics.
q) Additional insurance. Coutractor shall also procure ancl mainlain,at zts o vn cost and cxpense, any additional kinds of inst rance,which in its own judgment znay he necessary for its proper protection and prosccution of thc work.
5.3 Tndeiniufication.
I'o the full extent permittec} by la, Contractor agrces to indcrnnify, detend and hc ld haruiless thc City,its ofYicers,emp oyees and agents("Indemnified Yarties")against;and will hold CONTItACT AGREEMENT"9"
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and savc thcm and each of them harmless from,any and all act.zons,eithcr.judicial, adrninistrative, arbitrati n or regulatory claims; damages to persons or property, losses, costs, penalties, obligalions, errors, omissions or liabilities whether actual or threatened (herein "c azms or li bzlities") that may be asserted oz cla.imed by any person, firm or entity arising out of or in cotmection with the negligent performancc of the work,operalions or activities provided herein of Contractar, ils ol iicers,employees, agents, suhcontraciors, or invitees, or any individual or entity fc r which Contractor is legally liable{"indeznnitors"),or arising from Contractor's or indemaitors' reckless or willful misc nduci,or rising from Contractor's or indemnitors'negligent pexformance of or failure to perform any term, provision, covenant or condition of diis Agreemcnt, and in connection therewith:
a) Contractor will defend any action or actions iled in connection with any of 5aid cl evalu ite the perfonnanec of such services and shall keep such records for a CONTRACT AGRFEMENT"10" 15-
per od`ree years following completion of the services hercunder. The Contract Officer shall T ful. axid free access lo sucla books and records at all times during i ormal business hotu-s of City,including the right to inspect,copy,audit and make records and transcripts from such records.
6.2 Reports. Contractor shall peric dically pxepare and submit to the Contract Ufficer such reports concerning the perforn ance ot the services required by this Agreement oz as the Contxact Officer shall rcquire.
G.3 Confidentialiiy a id Release of Information.
a} A11 inforrnation gx zzed or work product produced by Contxactor in performa ce of this Agreement shall be considercd confidential, unless such information is in the publie domain or already known to Contractor. Contractor shall not release or disclose any such informalion o• work product to persons or entities other than the City without rior written autl orization from thc ContracE Of iicer.
b) Contractc r shall not, widiout prior writtcn authorir,aiion txoiz the Contract Officer or unless requested by the City Attorncy, vi luntarily provide documents, declarations, lctters of suppori, lesfimony at dcpositions, response to it terrogatories or other infoi-matio concerning the work performed under this Agreement. Response to a sub oena or court order Sh,r ll not be considered "voluntary"pr vic ed Contractor givcs the City notice o['such court order or subpoena.
c) If Coniractor providcs any information or work pzoduct in violation of this Agrccmcnt,then the City shall have thc right to reimbursement uid indeinnity from Contractor li r an damages, costs id fees, including attcm ey's fees, caused by or incarred as a result of Ccmtractor's couduct.
d) Contractor shall promptly notify the City should Contractor be served with any summons, complaint, subpoena, notice of deposition, request for documents, i rterrogatorics, request for admissions or other discovery rcqucst, co u t order or subpoena from any party rcgarding this Agreement and the work performed theretmdez. The City retains thc right, but has no oblig tic n, to represeut Contractor or be present at any depositi n, hearing or simil r prc ceeding. Contractor agrees to coaperate fl lly widi the City aiid to prc vide the City with the opportunity to revicw ar y response to discovery requcsts pro id d hy Contrac#or.
6.4 Ownership ot'Doci meiits. 1111 snidies, stnveys, data, notes, camputcr files, reports, records, drawings, specifications, maps,designs,pliotographs, documents and other matcrials (the "docunients and matcrials") prepared by Contractor in the performance o' ihis Agreement shall be the property of the City dnd shall be delivered to the City upon request of the Conlzact Officer or upon the tennination of this Agreement, and Contrac;tor shall have no elaim for further employmcnt ar additional compeusation as a result of the exercise by the City of its full rights of ownership use: c•et se, or assignmcnt of the documenls and materials hcreunder. 1 lorcovcr, Coniractor with respect to aciy docrirnents and nateri ls that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such docurne its and inaterials are hereby deemed warks made foz lure"for t ie Ciiy.
CONTRACT AGREEMENT"11" 16-
7. d:NF0 2.C''.VIENT O{AG1t;EMEN'I'AND TERMIN.ATiON
7.1 Calitonaia L iw. Th.is Abreemeut shall bc intcrprctcd, construed and govcrneci hc th .s to validity and to performance af the parties in aeeordance with the laws of the Sfate of California. Legal actions coneerning any dispute, ctai n a.r matter axisinb out of or in relation to tlus Agrecmcnt sha11 be instituted in the Superior Gou-t of tl.e Couuty of Los Angcics, Statc of California. ln the evenl ol'lit.igation in a U.S. Uistrict Court,venue shall Iie exclusively in the(;entrai l istrict of California, lli the County of Los Angelcs, State of Catil'ornia.
7.2 Disputes;Dcfault. In the evccrt that Contractor is in de.fault iit der the terms of this Agrccment, the City shall no have uay obligation or duty to continue compensating C ntrac#or For any wor.k er.fonned after the date of dcfault. lnstcad, the City may give nolice to Ce,ntraclor ofi the default and the reasons for the defa lt. "l e notice shall itaclude the tunefrarue in which Contractar may curc the default. This Eime['ra ne is presumptively thirty (3o) days, but may be extended,if circumstances wa-nt. During the period oftime that Contractor is in delault, the City shal) hold all i avaices and shalf, when the default is curcd, proceed wiih payment ozi the invoices. If Gontractor does not cure the default, ihe City may lalce necessaxy steps to termivate this Agreement uudcr this 1lrticie.
7.3 Le al Action. I i addition to any other rights or remedics, cithcr party may take Icgal action, in law or in equity, to c re, cot•rect or remcdy any dcfault, ta recover clamages fc r any default, to compel specific performatice of tl is Agreerneni, tc oblain declaratory or injunctive relief, or to obtain any othcr reniedy consislent wich lhe purposes of this Agreement.
Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to C;ovcrnmcnt Code Seccions 905 et. seq. and 910 et. seq., in oc dcr to pursuc any lega3 action under this Agreement. Fxcept vith respect to rights and remcdics cxpressly declare l tc be exclusive in this A-eement, the rights and remcdies of the parties are cwnulaiive nd the exercise by either p u•ty of one or more of such rights c r remedies shall not preclude the exercise by it, at tl e same or diffcrcnt timcs, of any other rights or remedies for the same defat lt or any othcr dcfault by the othcr party.
7.4 Terniination Prior to LxPiration of"1'erm. '1'his Scction shall govern any t rminaiion of' this Contract except as spccifically provided in the tallc wing Section or termination for cause. I'hc City rescrvcs the right to tern inale this Contxact.at any time, with or without eause, upon thii ty (3Q) days' written notice to Contractor, except that where termination is duc to the fault of the Contractor, the period of notice inay be such shorter time as may he deterrr ined by the Contract Officer. In addition,tf e Contractor resen>es the right to terminate this Contract at ly time, with or wi hout causc, upon sixty (60) clays' wrilien notice to City, except that where terinination is due to the fault of the City, the period of notice may be such shoi ter timc as the Contractor may delermine. TJpon z•eceipt of an,y notice of tennination, Contractor shall immcdiatcly ce.se ail sen ices heret nder except such as may bc spccifically approved by the Contract O1'(icer. Fxcept where the Contractor has initiated termination, the (`ontractor shall be entitled to coznpensation for all services rcndcrcd prior to ihe ei-lective date of' the notice of termination and for any seivices authorized by the Contract Of(icer thereafter in accordance with tlie Schedule of Compcnsation or s ich as may be approvec by the Contract Officer. Tn ihc cvent the Contractor has initiated termination, the Cont actor shall be entitled to couipcnsation only for t e reasonablc value of tha work product actually produced hereunder, but not exceeding the compensation rovided therefore iti tlae Schedule of Compensation ;xhibit "C". In the event oi CONTRACT AGREEMENT"12" 7-
tcrmination wit}ii ut cause pursuant to this Section,the terminating party need not provide the non- terminating party with the opportunity to curc pursuant to Section 7.2,
7.S Termination.for_llefault of Contractor. If'tern ination is due to the failurc ofi the Contractor#o fulfill its obligations under this Agreement, City may, after couipliauce with the provisions of Section 7.2,take over the work and prosecirte the same to complction b}contract Qr othcrwise, and the Cont actor shall be liable to the extent that the total cosi for completion of the services requireci hereui der exceeds the compensation herein stipulated(pzovided tl at tbe City shall use reasonable efforts to mitigate such damages), and City may withhold any paymcnts to the Contractor for thc purpose of 5e-oI'f or p tial payment of the amoun s o ved tl e City a.s previous(y,iated.
MISCELLANEO CI S
8.1 Covenant Against viscrimination. C`.ontractor covenants that, by and for itseli; ils I eiz•s, executors, assigns and all persons claiming under or throu 7 i them,that there shall be no discrunivation against or segregalion e E; any person or roup of persons on account of raee, color, creed, religion, sex, gencier, sexu 1 orientAtion, marital status, national origin, anc;estry, or other protected class in the performance of this Agreement. Contractor Shall take affirmative action to ensure that applicants are employed and that employees are treated duriug employment withot t regard to their racc, color, creed, re1i,ion, sex, gender, sexual orientation, marital status, national origin,ancestry, or other pcolected class
8.2 Non-liabilitv of Citv Of icers and__Cmployees. No officcr or employee o.f the Cit shall be personally liable to the Contractor, or any sttccessor in interesl, in lhe event of any delduli ur breac:h by the City or for any amount, vhich may hecome due to tl e Contractor or to its successor, or for breacl of any obligatic n c f the temis of this Agreement.
8.3 Notice. Any n tice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall bc in writing and either selvec personall} or sent by prepaid, first-class mail, in the case of the C:ity, to the Cily Mt nager and to the attention of the Contract Oflicer (with her/his name and City tille), City #Irwindale, 5050 N. Irwindale Ave., Irwindale CA 91706 and 'ui the case of thc Contractor, to the person(s) at the address c esignated on tlie execution page of this Agreement. ither party may change i ts addi-ess by notifying the otlier party of thc changc of address i n r riting.
Notice shali be deemed comtnuziicated at the time personally delivered or in seventy-two {72) hours from ihe tin e of mailing if mailcd as providcd in this Section.
8.4 Inte•ation• Ainendmcnt. lt is undcrstood that lhere a-e no ozal a,eements befween the parties hereto affecting this 1 greement and this Agreenient supersedes and canccls Ian:y an:d all previous negotiations, arrangemenls, a,reements and understandings, if any, between the parties, a id none shall he tLsed to interp.ret tl is Agreement. 7'lus Agrccmcnt may be amended at any timc by the mutual consent o the parties by an instrumcnt in writing.
8.5 Severabilitv. In the event that part of this Agreement shall be declared invalid or unenforceable by a val.id judgment oi•decree of a court of compctcnt juri dicticm, such invalidity o• unenforceability shall not affect any of the remaining portions of fhis Agreement which are herchy declared as severable and shall bc intczprctcd to c;arry oul ll e intent of the parties CONTRACT AGREEMENT"13" 8
hereunder unless the valid provision is so material that its invalidity deprives either party of the hasic benefit of their bargain or rcnders this Agrce ncnt meaningless.
8.G Wai_yer. No dclay or omission in thc cxcrcise of any right or remedy by non-defaulting party• on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by fhe olh.er pazty requiri.ag the party's conseu# or approval shall not be deemed to waive ar reuder unneeessaiy the other p rty's conscnt to or appxoval oi'any subseguent act, A iy waiver b}eithcr party of any default must be in writing and shali not be a waivcr of any other default concerr ing the same or any olher provision of this Agrccmcizt.
8.7 Atto neys' Pees. If eitl er party to this A;reement is required to initiatc or defend c.r made a party to ai y action or proceeding in any way counected with this Agreement,the prevailing party in such action or,proceeding, in addition to any ther relief which any he grdnted, whethcr legal or equitable,shall be entitled to reasoi abte attanley's fees,whether r not the matter pmceeds to judgn,ent.
8.8 Interpretation.
I'he tern s of'this A reement shall be construed in accordance with the meaning of the anguage used and sha11 no1:be const-ued for or against either party by rcason of thc authorship of this Agreement or any other rule of construc.tion which might otherwise apply.
8.9 Counterpai ts.
This Agreement may be exec rted in counterparts, each of which shall be deemed to be an original, and such countcrparts shall coristitute one and the same instrument.
8.10 Wa.rranty & ltepresentation of Nan-Cc llusion. Na o('ficial, oflicer, or cmployee of Ciry ha.s any f nancia) interest, direct or indirect, in this A,reeznent, nox shall any afficial, oificer; or employee o['Gity p uriicipate in any decision relating to this Agreement whic may a1'Cecl his/her nancial interest or the fin cial uitcrest of any corporation, partncrship, or associatioii in which (s)he is directly or indirectly interested, or in violation af any co poration, partnersliip,or association in which (s)he is Iirectly c r indirectly interested, or in violation of any State or municipa] siatute or regulation. The determination of "fin ncial interest" shall be umsislent with Stal.e Idw and shall not include interests found to be "remote" or "no iinterests" ptttsuant to Goveriune it Code Sections 1091 or 10)1.5. Contractor warrants and represents that it has not paid or given, and will not pay ar give, ta any third party including, hut not limited to, any City official,officer,or employee,any money,consideration;oz olher tllzng o value as a result or consequence of obtaining or being awtu ded any a reement. Cont•actor fui er warra.nts and represents that (s)he/it has not e ba;ed in any act{s), omission(s), or other conduct or coilusion that would result in the pay nent of any moncy, consideration, or othcr thing of value to any third party including, but not luuited to, any City of(icial, officer, or employee, as a result of colvsequence of obtaining or bcing awarded any agreemenl. Contraclor is aware of and undentands that any such act(s),omissiun(s)or c tlier co nciuct 1•esultin in such payment of money, consideration, or other ihing o1'value will render#liis Agreement void and of no force or effect.
C;ontractox's Authori ed Initials
CONTRACT AGREEMENT"14"
9 5.11 Corporate t uthoritv. The persons executing this Agreement on belialf of the p rties hereto warrant that (i) such party is duly organizcd and existin, (ii) they are duly authorized to cxecutc and deliver ihis Agreement on behalf of said rarty, (iii)by so eaecuting this Agreemcnt,sueh pa-Ey is fo mtilly bound to the provisicros of'this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other Abreemcnt to which said party is hound. This Agreement shall be binding upon the heirs; executors, administrators, successors and assigns of fhe partics.
Signatures on the follo ing page.J
CONTRACT AGREEMEfdT"15" 20-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§i 189
c
A notary public or other officer completing this certificate verifies ony the fdentity of the ind(viduai who signed the document to which this certificate fs attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
on 8/12/2'f before me,Amelia Menzei, Notary Public
Date Here lnsert Name and 7itle of the Officer
personafly appeared Patrick Mahone a ichard Mahonev
Name(s)ot Signer(s)
who proved to me on the basis of satisfactory evidence to be the perso whose nam) i/ subsc ' ed-ta the within Instrumeqt and acknowledged o me that hefsh th xecuted the safne in ltheir aumorized capacity ies d that by k fs 7their`sjgnature s mn theinstrument the perso , or the n behaff of which the perso s cted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph ls true and correct. 1
AMEUAMENZEL WITNESS my,and §nd off ial s tl.
Nu[ary Public•Call(ornta
Orano,e Counry
I ,
ji
l
Commissiun 0 2281367 I/':
My Con cn,Expires Apr 5,2023
Signature %
Signatc/re of lVatary Public
Place Notary Seal Above
OPT/ONAL
Though ihis section rs optional, completing this rnformation can deter alferation of fhe document or lrauduJent reaifachment of this form to an unintended document.
Description of Attached Document
TiHe or Type of Document:
Document Date: Number of Pages:
5igner(s) ther Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Patrick Mahoney Slgner's Name: Richard Mahoney 6d Corporate Offlcer — Title(s): President QJ Corporate Officer— Title(s}: Secr(r Partner — fl Limited U General Partner — Limited (l General Individual Attomey in Fact Indfvfdual Attorney in Fact
Trustee D Guardian or Conservator Trustee L Guardfan or Conservator 1 Other: O Other:
Signer Is Representing: WCA, Inc. Signer !s Representing: WCA, Inc. us u s:resrc,.^s:c.-w w=c, e c c.^s c;saes:.s:a s:c.^u sxau,.e.s=c^e, www.NationaltJotary.org• 1-800-US NOTARY(1-800-S1fr6827 Item#5907 21-
IN WITNESS WHFRF.nF, the parties have executed aud entcrcd into this Agreeinent as of thc datc frst written above.
CITY:f' -J
CI1'Y Ol'1R N AL,
a municipal c r ion t
s r f
f '
V illiam K. 'I'a[mb ity tvlanager
A"I"I' "l:
0 r.Ni. Nieto, MMC
C 'ef Deputy City Clcrk
AYY1tOVEll AS TO FORM:
AL SHIRE&nR .I,P
Adritan R. Guerra, City Attorncy
CON'I'kAC' t:
West Coast o ts,inc.
B y:
Namc: Patrick Mahor ey,
Tille; PresidezlC
By:
amc: Richard M one
Title: Secretary
Address: 2200 L. Via}3urt on Strcct
Anaheim, C 1 92806
Two corporate officer signatures required when Contractor is a corporation, with pne signature required from each of the followfng groups: 1) Chai man of the Board, President or any Vice Presfdent; and 2)Secretary, any Assistant Secretary, Chief Financial Off(cer or any Asslstant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED,ANb APPROPRIATE ATTESTATIONS SHAI.L BE INCLUDED AS MAY BE REQUIRED BYTHE BYLAWS, ARTICLES dF INCORPORATION, OR OTHER RULES OR REGULA710NS APPLICABLE TO CONTRACTOR'S BUSlNESS ENTITY.
CONTRACT AGREEMENT"16"
22 CAI,FORNIA ALL-YU12YC)SE ACKNOWi.FnCMF,NT
A notary public or other officer completing this certificate verifies only the identity of the individual vho signed the STATE OF CALIFORNiA
COUNTY OF L.OS ANGELES
On 2021 before me, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name5{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)an the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California fhat the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signaturc:
OPTIONAi.
Though the data below is not required by law, it may prove valuable to persons relying on the ' document and could prevent fraudulent reattachment of this form CAPACITX C.LALMED BY SIGNER F.SCRIFT[ON OF ATTACII D llOCUVIEN'I' lNDIVIDUAL
CORPORATE OFFICER
TITLF.(S)TITLE OR TYPE OF UOCUMEN'1'
PARTNER{S) LIMITED
GENERAL
ATTORNEY-IN-FACT1
7RUS7EE S NUMI3ER OF PAC7F.S
GUARDIANlCONSERVATOR
OTHER
SIGNER IS REPRESENTING:DATE OI'UOCUML'N'1'
NAME OF PERS N(S) OR
ENTITY(IES})
STGNER(S}O'I'HER"CHAN NAMF.D AR4VB
i
CONTRACT AGREEMENT"17" 23-
CALIFORNYA ALL-PURPOSE ACKl'UWLEll(YMENT
A notary public or other officer completing this certificate verifles only the identity of the individual who signed the STATE OF CAL.IFORNIA
COUNTY OF LOS ANGELES
On 2021 before me, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowiedged to me that he/she/they executed the same in his/her/their autharized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behaff of which the person(s) acted, execufed the insErument.
t certify under PENALTY OF PERJURY under the laws o#the State of California tl at the foregoing paragraph is true and correct.
WITNESS my hand and off:cial seal.
Signature:
I
OPTIONAL
Though the data below is not required by law, it may prove valuable Eo persons relying on the document and could prevent fraudulent reattachment of this form CAYACITY CI,AIMED 13Y SIGNER D SCRIPT[Oh pF ATTACIIEll UUCIJMF.NT
INDIVIDUAL
CORPORATE OFFICER
I'1'LF,(S) TITi.F OR TYF'L Oi'DOCUMF.NT
PARTNER(S) LIMITED
GENERAL
AT70RNEY-IN-FACT
TRUSTEE(S)NUMBL:R OF PAGF.S
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR
nnT r DOCLMGN"I'
ENTITY(IES))
S1C,NF;R{S)OTHIiK'CHAN NAMF,D ABOVE '
i
I. --
CONTRACT AGREEMENT"18" 24-
EXHIBIT"A"
SCUYI; OF SERVICES
The specztic tasks to be performed and completed hy Contractor in perforiniiig the tree tri runing, maintena.nce, and inspectian services are as provided herein bclow (collectively, referred to as Scrvices"). Contracto• shall complete a11 Serviccs undcr this flgreement within tlle Term, as desetibeci in Section 3.4.
Contractor wili be required to perforrri and comptete the Services in a thorough and professional manner, and to providc any and all labor, tools, equipment, materials and suppiies necessary to complcte all Scrvices in a timely naanner that will meet the City's rcquirements, Convactox may bc rcquircd to perCorm the following Services t Iroughout the (;ity upon requesi by the City:
1. Tree prutung
2. Tree removal
3_ Tree planting
4. Crew rental
5. Cmergency response
6. Line clearanee pruning
7. Clearance pruning
8. Grid pn ning program
9. Tree watering
10. Small trcc carc
11. Palm trunk skinning
12. Root pruning
13. Specialty equipmer t rental
14. Arborist scrvices/inspection
15. Poliar a d pesticide tt•eahnents, if neeessary
16. GPS 'I'ree inventory
17. Online maiuteuance access*
Online maintenance is defined as internet access to an urban f.orestty management toal that incIudes work order tracking;ability lo send woxk requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, valuc of the urban li resl, job balancc and t3PS accessibilitv.
A. Annual Praning Pro ram
Routine lree p uning pex pre-designed areas, grids or prune routes on a set cycle#o include all trccs. Yruning will include structural pruning, crown raising and crown cleaniug in accordanec with the siandards set forth by the International Sociefy ofi Arboriculture Ynuiing Standards (Best Ivlanagement Practices}, the ANSI A300. Cazltractor shall be required to furnish all supervision,labor,equipment and materials nec;essary to accomplish the Scrvices in accordance with this Agreement. '1'he intei t af this Agreement is to have all trccs pruncc a minimuln of oz e time each ycar of the"l erm. .'lfter the completion of an 25-
EXHIQIT A-1
inspection each quarter a c utlined in Exhibil "1", lhe Conlrac;tor is requireci io provide t11e City with a repori ic enlifying Ehe frees tltal are diseased, dead, poorly structured, and require pruning. The Coniractor should iznmediately notifv the City of any trees that pose a high risk and z•equire inunediate removal. Otherwise, the City will review the report and s ibn it a work order approving the remova! and pruning of the identified trees. The City will also suhmit works orders for sen ice request pruuing and planting of new trees tt at are required citywide,
I3. Inspectian of Hazardous Conditions
All City trees sh ll receive routine mauitenance nd periodic inspeetions. Contractor is to uiclude ui its price for services an ISA certified arborist to be on site for a rcgularly scheduled inspections at a uunimum of cight(8)hours per quartcr. "1'ree problems that arc cicarly visibic by the inspection, but not considered harardous, will be reported to the City for direction and/or further evaluation. Als, lhe crew per(rn ing mainlenance shall properly n tify the City oi'any lree-relaled problems that re clearly visible. This may be in wrilten f'ornl it nol cc nsidered haz.ardous oz within 24 hours if deemed hazardous. It is the i rtent to correct problems prior to reaclung crisis levels.
C. Tree Tnventory
Contractor will provide the City access to a record keeping system consistit g of an intcrnct-bascd software program lhat allc ws ihe City lo maintain inf<mnation about its tree population, including the description c F each lree by species, height, diameler, work history, and tree and planting site location. The lree invenlory so(tware program shall be an tntemet-driven tracking prc gr m. The pro n-am Shall have the capability to produce detailed listings of tree and site inforni tion, work lustories, service requests, summary report and picti res of City tree species. Contractor shall provide uiventory report support to the City for the entire term of the contract.
Contractar shall provide the City wi h recoznn eiadalions ior lree maintenance, recommended planiing locations, and recommended xemovals. Atlributes to be collected by field persc nnel may include Address, Sireel, Facilily, Species, niameter, Crown, Height,recommencled mainlenance,overhead utilities and parkway si•r.e and type.
1. (YS Tree inventory
Contractor shall provide the City with Crlubal Potiitioning Syslem (GP) coordinates far all trccs in public spaccs. 'l his includes but is not limited ta all publicly awned irees on strcet rights-of way, parks, City Cacilities and c pen spaces such as medians, greenscapes, etc. The ac dress in(orniali n coniained in inventory may be linked directly to a(iec gi•apliical Inl rmation System(GIS)pr gram,such as ArcView.Using a handheld compuler; lhe invenlory c llectoz• will identit y the trees by their global coordinates I'lc ngilude and laiilude. Ry callecting tlie data using the GPS systerrx, tl e City can cons Iidate lhe tree data with other various GPS coded programs ui the City.
Ai the end of the project, the City will receive a complete lzsting of a1l sites invezitoried as a harci copy (i.e. map) and as part af'a soflware program depending on the cost of such soi ware, which wi11 enabte the Czty to connect the inventory to the City's GIS 26-
EXHIBIT A-2
tiystem.
1 CiPS tree inventory sliall bc crcated with a new database using the City's standardired addressing systcm for all parks and open space areas. Contractor may be required to ereate an LSRI AreView/ArcGIS coanpatible "shape file". "I his ill be dependent ou the cost and compatibilily of the identified software with the C`,ity's cuirent computcr systcm. The new inventory shall be capable of showing the location ox every e cis ting trec sitc and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and harc scape, etc.)The Contractor's tree invento y sl all be conducted by visiting each tree site or vacant planting sitc and plot the pc sition. The data shal( be c mpatible with the latest version of the Cily approved 5of'tware.
Miniinum accuracy shall be as close as possible to one{I) meter.
2. Experience
Contractcn•represents that it has a minimurn fiive{5)years experienee in eollecting trce inventories and developing inventory databases. Contractor turther represcnts that it has developed a complete and comprehensive connputer soft vare program in at leasl ive (5} California cities. 'The pro am to be developed b} Contractor for Cily shall have specialized reports designed specifically for City's necds.'1'he program should be developed bascd on the needs o#the City. The uscr-fri ndly program should alic w the City to gencrate a variety ok reports quiekly.
3. Scope uf Wock{Inventory)
Contract r wilI n anage the cntire inventory project.The project shall include field data colleetion, data enlry, xccess to the cor xputer software,and training of City employees on the use of the system and firture tectinical maintenance. Attributes to be collccted hy field personnei may includc, but are nol limiled ta:
Tree Number
v City llistrict/Grid/LI,Ds/Parks/R-Areas/Residential Street Location by Address Location by GIS
y Species by botanical na.me & common name Tree diameter Tree lieight
y Reconunended Maintcnance Classiticalion F,xisting overhead Utilities Y Parkway Sizc, Yarkway T}e Sidewalk damage
4. Tcchnical Support and Maintenancc
Contractor shall provide routine mainlenauce, rchive, baekup, restorc and disaster recovery procedures as may be requested by the City. Cont actor shall provide complete support rapidly with experienced staff avaiiable to the Ciry dl ring the hours of 8:00 A.M. to 5:00 P.M. Monday throu h Friday. Contractor sha11 be r adily available by telephonc, e-mail c r may respoud to tlie City's location within a timely mrtnner.
TI2 E PRUIVING SPECIFICATiONS
27-
EXHIBITA-3
A. WORK QIJALITY
Ail tree pruning shall connply with good arborcal practice fi r the particular species of trees and shall be consistent vith the pruning standards and best mandgemezit practices as adopted by the Interna.tional Socicty of Arboriculture. The Contractor shall also meet the requirennents of the Amcrican I ational Stanciards,7,133-2017,entitled "Safc Requiremenis for Arboricultural Uperation," puhlished by the American National Standard Institute, Iiic., 1430 Broadway,New York,New York 10018. i
I he City's Public Works Mainteciance Supervisor shail determine if the Contractor has met all pri ning requircmcnts and payment shall izot be made for pruning that is not in ccordance with thc above stanciards. The Contractar shall be decmed in eoniracl defatilt, if thcy consistently i'ai] to coniply with the aforementioned standards.
B. STANDARDS
i'rcc pruning operati shall commcncc no carlier than 7:00 a.m. and shall bc completed each day no later than b:00 p.m. F,xcept ('or worlc to be done on City's major lhoroughfares as indicated an sectio l C. Tra#xic control sI a11 bc in accordance wilh subsection C of this Lxhihit.
A pninuig cut that rcmoves a branch al this point of oribin will bc uscd on all limbs }ess than twa inches(2")and shall be made close to the tnink or parent limb,wi(hout cutting into thc branch bark ridbe or collar, or leaving a stub. For limbs lwo inches (2") in diameter or •e ter and any limb that may cause bark tearing al the crotch, must bc removed with lhree cuts. Make the first cut on the underside f lhe braiacl c xie foot(1') to two feet {2') from the cratch. "1'he undercut tihould be at least one-third (%3) of the diameter, IV1a1ce the second cut ono-inch(I")to ihree inches(3")fi rther from the crotch than lhe first. This will rcmovc thc limb. The (inal cut should be just outside the branch collar(crotch)in a manner to favor the earliest possible covering of the wound by callus owth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and ono-half inches {3%2") or Iarger in diametei• shall be precut to avoid sPlittin of thc v ood or tearing oC lhe bark and lowered by proper ropes t the ground. Any d nagc cai.5ec1 Y y dropping limbs shall be repaired ithin three (3) days at the Contractc r's expense and to the satisfaction of the (`ity's Public Sezvices Director. All debris resulting from tree pn ning operations shall he removed lxom the work site on a daily basis.
Tool Sanitation - On all trees, including palms, known or suspected to be discased, pruning tools and cut surfaces shall be disinfected vith a ten (10} perceiit chlorine bleach solution after each cut and hetween trees where there is danger of tra zsrnitting he disease on tools. l resh solution shall be mixed ciaily.
1. Annual Ruutiae Trec Pruning
Routine tree pruuing per pre-aesigned distxicts, gr•ids or piune routes on a set cycle to includc a!1 trccs. Yriu ing will include stivctural pruniiig, crown raising, and crown cleaning ii accoY-dance with the standards set forth by the International 28-
EXHIBIT A-4
Society of'ArboriculEiue Pruivng Standards (l.icst Managcmcnt Yracticcs) and the ANSi A300 Stwdards. Special projcc s that arc difficult to access,require the need f r•speciflity equipine it(i.e., 95-foot towcr},scrvice request pruning,or pruning lo redt ce and/or pruning to restore would fall under Crew Re ital. a) Contc•actor shall comply wilh Standards of GAL OSIIA and the American National Standard Insiiiute, 7,1 3 Safety Requirements, b) Contractor shall notil'y lhe resident t rty-ei ht(48)hours in advance of pt ning, The notice ill l ave to be approved by the Yublic Scrvices llirector, or such erson as may be designated by the Yublic Services nirector,prior tc sending it to residcnts.
c) Cantractc r shall provide and post "No Parking" signs fo-ty-cight (48) lzc>urs itl adv i ce of ork.
d) Contractor sl ali ende vor lo n aintaitl good public relations at all times. "1'hc work shall he conducted in a ma uier, which will cause thc least possiblc intcrference and annoyance to the public. Work shall be perfornied by competent em loyeeti and supervised by zn experienced supervisor in trcc rtiaintenance aperatio s. Contractor sha11 be responsiblc for advance nt tificaLion lo residents at e ch work location. Coiitractor shall bc respotisible to see that private property aud vehicics at work locations arc nat endangered or damaged during the course of work.
e) Contracfor sl.all exercise precautions as ncccssary whcri working adjacent tc aeriaJ and suUterranean utilities. T the evcnt that acrial utility wires presenE a haz,rd to tl e Contractor's personncl or othcrs near the work site, wcn k is lo immediately ccasc and thc appropriatc utility company notiiied. Work shall then cominence in accordance with ir structicros 1Tom lhe utility company. In the cvent tl at work causes excavalicm, Ehe City is responsible for properly tnarking thc ]ocation and the Conlraclor is responsible for appropriate notificaticm oE'ilnderground Sezvzce Alert.(USA).
fl No hooks, gaffs, spurs or clitnbers wi11 be used for anything other than removals.
g) I inai pruning cuts shall be macie withoul leaving stubs. Cuts sha11 be made in a manner to pi•c mole (asl callous growth.
h) V4 hen pruning lungus infected, diseased or fire blaghted limbs or fronds, all pz-uning tools shall be cleaned af er each cut wit alcohol or bleach. i) 'I'opping shall not be done unless speciiically requesied by tl e City. j) `fhe s ecilic leclu iques errzployed shall be consistent with industry practiee for 29-
EXHIBIT A-5
tlie size and spccies ol'tree being tr nnmed.E111 dead,broken,damaged,diseased or uisect infested limbs shall be removed at the trui k or main hranch. See Standards outlined in Section B above. The remaining limbs and Uranches shall not bc split or broken at the cut. All crossed or rubbing lin hs shall be removcd unlcss removal will result in large gaps in the general c utline of the tree, k) C'ut lateral to preserve the nahiral form of the tree, leaving the head opcn enou;h tor tbe branching system to show a ld pernutting the dcad matcrial to be easily cleaned out and light to show through the head. 1 rcc foliagc shall be reduced by at least fifteen (15%} pezcent but na more than twcnty-five (25%) percent.
i) "['rin to remove dead wood or weak, diseaseci, itLsect-infe tcd, broken, low, or crossing lirubs.l3ranches with an extremely narrow angle of attachrnent should nonnally be removed.
m}Small lunbs, including suckers and w terspouts, shall be cut close tc ihe lrunk or branch from which they arise.
n) IIeading cuts and/or !op iug will not be alluwcd under an circumstances.P Y TTeading, rounding over, or stubbing shall not be an aecepted practice for rcducing the si•r,e or the fi•amework of any tree.
2. Yruning fur Traffic Clearances
1'ree pruning for tra#fic elearanees shall pror ide clearances ot at least fourteen(14') fcct and no greater dian sixtecn fcct(I 6') abave (inish gcade for moving vchicies within tl e lraveled roadway, for pedestrians on sidewalks in accordance with standards set forth by thc lnternational Society of Arboriculturc Pruning Standards (Best Management Yractices) and tlie A1 1SI A300 Standards under Pruning to Raise." Clcarancc trims are per(onned on a grid system or on a street- by-street basis. Clear ices for adjaccnl struclures axxd their connecting utitity lines service drops), sha11 be determined by the City's Contracting officer and conf rm to lhe foilowii g:
a. The minimum clearance under trecs within the street right-ot=way shall bc fourteen (14') teet over the travcicci road, and nine feet {9') over the ct rb line and the sidewalk side of tl e trcc. When pru iing lhe bottom branches,care shall be given lo obtain a balanced appearance vtlen viewed from across the street immediately opposite the trcc.
b. Cut to la eraIs to preserve the natural 1'orm oI'ihe tree.Remove lateral branches at their point f origin, or shortcn the lengih of'a br ch by cutting to a lateral, which is large enaugh to assuinc Icadcrship.
c. When cutt ng back,avoid cutting hack to small suckers. Reinove smaller limbs 30-
EXHIBIT A-6
and twigs ita such a manuer as to lcave the foliage pattern evenly distributed.
3. Yruniz g Ya[m Trees
P lm tree pruning sha13 consisl of the rennoval of loose dead fronds, fruit clusters and other vegetation Irom the tninks of all palms in a matiner selected by the Contractor and approvecl by the City's Public Secvices llirector, or such person as may be designatr;ci by the Puhlic Services Director, and in acc rdance ta the fi llowing:
a. "1'he use ol'climbing spurs or spike shoes for the purpose of climbing palm trees is pF•ohibited, unless specifically approved by ihe Public Services I)irector or such a person as may he designated hy ihe Public Services Uirector. Contractor shalI bc required to use an aerial tower with suffieient hcight to rcach thc crown for ihe purpc se of pruiung palm trees,
b. Yalm skinning (additional service & cost) - llead fronds, and parts hereof, including stubs, ca i be removcd along the eritire length of the trui lc. o each palm, leaving a cican unsheathed appearance slicked fi om the ground to approximately twcnty-four ta thirty-six (24"--36")inches from the base of the green fi•onds at thc top of the tree. The ii•or d siubs (cut close to tcunk) can bc lcft in place within a span o#'at least eighteen(18") inchcs but n greater than t iirty-six (36")inches.
4. Service Itequest Tree Pruning
Trees that nccd scrvice rior to lheir scheduled azuival trim shall be trimmed accordiug to the following tirneline. The City shall suUmit a list of work ordcrs to the Contractor. "I'he servic;e requests on ihat list sha11 bc complctcd within the first two wccks of the Ci y's woz•k order submittal.
1'hc trimming sl all provide a syinmetrical shape and aesthetically pleasin appearance typical o the species. In addition, trees shal] be trimmed to pravide a minimLun clearance of fourteen (14) feet over the roadway and eight (8) feet over valkways. Trees shall also be trimmed to remove any obstruction axound traffic ccmtrol de zces, traffic signs and streetiights. Addilional txinunuig s12all be perloimed to mitigate any extreme et'fect c f lhe clearance trimming and provide an aesthetic appearance.
1'he teclmiques employed shall be consistent with industry practice for the si e and spccies of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed al the trunk or main branch. All cuts shall be made suLFiciently close, '/2 inch to the parent slem so that laealing ean readily start undcr nom al conditions.All lunbs two inches{2")or greater shall be undercut to prevent splitting. The remaining limbs and hranchcs shalt not be 5plit or broken at tlae cut.
All crossed or rubbing limhs shall be reznoved ui less removal v ill reslilt in large gaps in the general outline of the tree. All trees sliall be thinned of smallcr liinbs 31-
EXHIBIT A-7
when neccssar}j to distribute the 1'oliage evenly.
5. Tree Kernovals
Contractor is responsible for calling Underground Service Alert (USA) when directed by City to perfonn tree removal. Crew removes tree and hauls away all debris. Crcw grinds stumps lo a depth of ei;hteen (18") uiches. All holes will be backfilled; as well as all debz•is cleaned up aud hauled away. Special projeets that are difticult to access wikii equipment, or require the need for a crane or an aezial tc wer over seventy-five{75')feet would fall under Crew Rental rates. The City's Public Services Director, or such person as ma} be desi tated by the Public Sezvices Director, shalt make the final detern irzatzo to remove or provide public not.icing for removal at a later date. Removals shall be conducted in accorcfance with the standards c f the arboricultural profession.
A11 wood from removed trees is the pi•operty of the c nt•actor and shall be properly disposed of on the same working day.I'o wood sliall be left Rlong thc public right- of-way.
1'he C.ity is responsible f'or ni rking trees so that thcy arc casily identiliable by Underground Service Alert and the Contractor. "1'he Coniractor shall be required io call ilnderground Alert at least 2 days before shimps arc to be ground out. All tree stumps must he ren oved to at least 1$ inches bclow the lowest soil level adjacent tu El e stump or until deep roots are no li nger enec unterec. The Contraetor shall nind the stump a minimum distancc yf one -d a half(1'/z') feet either side of the outer circumference of the stump,ar until surface roots axe no longer encountcrcd.
Stumps shc uld be cut low enough to the ground where routing ean be done safely, rhis may be accamplished by cutting the stump at the time of grinding, oz•at the time ol'iree removfil except for infrasttuch re cont7icts. Holes created by stump and root,nindii g must be filled thc sanic day. "I he res«Itant chips frorn routing rnay be used to fill thc holc to ri vo (2") inches above nomial ground level. All excess routinb chips dcbris will be removed and loaded 'znto transport vehicle for disposal.
Any dainagcd pavcd surfaces shall be rest.ored to their original condition.
6. Tree Planting
Planting ir cludes the txee, stakes, ties and compiete installation aild watering or ninety (90} calenclar days. Pl uiting lists should be compiled by Yublic Services Uirector, c r such pexson as inay be designated by the Public Services]irector, and submitted monthly or as needed. Contractor will guarantee the qt lity ot'the tree stock anci workmarzslup.
a) Cont actor shall provide all equipment, ]abox and materials necessary fi>r the planting of trees tlu•oughout tlic City in accordance with the specifications herein.
32-
EXHIBlT A-8
b) The City shall bc responsible for marking locations a.nd the Contractor will notify Underground Servic:e Alert(USA)prior to planting. c) Plauting pit shall be dug twice the width and the same depth of the roo# ball. 3eforc placing the t-ee in the lanting pit, Contractor shall examine root hall for injured roois and canopy foz broken branches. llamaged ro ts shauld be cleanly cui of#'at a point just iu front of the break. Brc>ken branches shoiild be cut out oI'the canopy makiug sure that the branch collar is nat ciamageci. d) Tree shall bc placeii in the plantin;pit vitli its original growing le el (the truck flarc) at the same height o# the surrounding fiiush grade. In grass-covered parkways, tl e top af the root ball shall be levcl or slightly highet• than the sun•a inding soil. In a concrete tree wcll, thc root ball shall be 3 inches below thc level of the (iz ished surface of the concrete.
e) F3ackf`cll matcriai sliould be nat ve soil. liuunate all air ockets while backfilling tlae planting pit by walering the soil as its put into the hoie. fl 'I rees that are planted in pa.rk-cvays shall have a 4"-6"high waler retention basin buiit around the tree capablc of holding at least ten (10} ;allons of water. In a concxete trec wcll,suil should bc raked against tl e edge of the conerete to crcate a sloping basin. lmmcdiately afEer plantitag,the tree sha.il be watered thorouehly by filling thc watcr retention basin twice.
g) All trecs shall be staked with lwo tivooded lodge poles and turo ties per pc le.
Minimum size of lodge poles sha.11 be ten(10')feet long, with a one and a half 1%2") inch diameter. Tree ties sh ill be placed at onc third ('/3"} and two-thirds 2/3) of fihe trunk height. Stakes shall not penetratc the root bali and shall be driven into lhe ground approaciinately twcnty-four to thirty (24"-30") inches below gra.cie.
h) Trunk prc lectors such as xbor-Gards or an approved equal shall be placed at the base of the trunk of all ncvv trees immediatety a{ter pl rting. i} In some cases, root barricrs may be required. T11e Puhl'zc Services Director, or such person as may be designated l y l]e Public Seivices Uirector, will n3ake this detcrminalion_ Should a roc t barrier be required,thc Contractor rill install a mechanical barrier that redirects root growth dow iward, .liminating the surface rooting that damages eapcnsive hardscapcs d creates a haiard. The barrier shalt be twelve (12"} inchcs in depth anci at a length determined by the City and placed in a circular fas uon surroundirig the iree's roc.t system. Root bamiers are a.0 actditional scivicc ar d cost.
j) Clean up 11 trash and a.ny soil or dirt spilled on any paved surface at the end of each workin day.
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EXHIBIT A-9
k) Ail trees shall he of gaod ziursery stock that adhcres to the American Standard for Nursery Stock.s described in tf tc ANSI "l.6(}.1-1996 Stanciards. Trees shall he fi•ee fron pests, disease and st ructural defect s.
7. Crew ltental
The si idard crew is tlu ce mcn, one chipper huck, one chipper, one aerial tower and all taecessaty hand tools. '1'he crew and equipment can be n odified to complete zny type of miscellancous tasks ineluding special projects that may consist of extraordinary work such as hanging flags, c}ianging lighl bulbs, or trimming specific trees requirui inunediate attcntion prior to their scheduled trim. 1'i•ees requiring service prior t.o their rcgularly scheduled grid or annual lrirrk to rectify a specific prc blem sucl as blocked strcct lighting or signs,right-oi=way clearancc for utility lines, or broken 1'unbs may be performcd undcr the Crew Rentat rate.
8. mergency Response
Contractor shall be required to pravide emergency on call responsc for damaged trees as a result of stoi-i s c r other reasons.mergency calls may occur a#any given time. '1'he Contractor will be provided vith Iocations a id thc work to be done al each location via telephone fiom a City authorizcd representai.ive.F,mergency work shall begin wilhin two (2) hours uf thc initial tclephone call.
Contractt r shall be required to provide a twenty-four (24) hour emergency phone nwnber oz•the nunes of at lcast fivc(5)contaci individuals upon award of contract.
Should the contact persons or their phone numbers change during the course of thc contract,those changes shall bc suhmitted to lhe City within two(2}working days.
Cantract r shall he required to providc all ncccssary traff ic c>ntrol duz ing the course f ernergency work Should the worlc involvc any high v liage power lines or any utility lines the Contractor shall bc rcquircd to notify the responsible utility company.
Work performed under the emergency px•ovision of tlus contract shall bc paid fi r ou a crew hour basis. This shall include all labor, tools equipmcnt, disposal fees aud necessary materials.
9. Line Clexrance runing
During the coursc of this contract,the Contractor may be rec uu ed to perform utility line clearance in conjunction w7th routine or non-routine pniiung activitics. 1 kic Cozitractor sl all be required ta fuimish i11 supe vision, la.bor, equipment and materials necessary to accomplish the work ii accordance with the cantract. The Cont•actor has the responsibility f'or coinpliance with safety and hcalth stazidards of the California Occupational Safety and Health Act (OSIIA) and all applicablc rules, regulations and orders. The manager overseeing the project should bc a 34-
EXHIBIT A-10
Certified Utility Spccialist and tlie persons completing the work should be Line Clearance Treeworkers. 1 he competency of Conlracto•'s personnel shall be maintained through regular trainin;. All persons performing tree work on City trees in or around rimary electrical lines shall be trained to do so in accordance the Llcctrical Safety Orders" ot'lhe State of California.
10. 'I'ree ''Vatering
The City may require tree-watering scrviccs. Vatering is perit rmed by a oz e-man crew with a water truck who will water various routes including landscape, median and youug trecs that are three(3) years old and y unger.
11. Small Tree f:are
1'hc City requires an active approach to the care of its young and newly planted trees. 'l he Contractor shall be required to perform basic maintenance that will inclucle but nat be limited to tree wcll adjustments and watering,removal of weeds f'ron tree wells, structt ral pruning, and re-stal<ing whez necesszry. 9 2. Arborist Services
On occasion, the City requires tree evalt ations includin written reports.
Contxact r shall provide an hourly rat ic r an Arborisl tl at c aa respond to the City's reyuest(s) for the preparation of dctailed arbarist reports, tree evaluations ancf site inspections. Reportuig can be generated on as little as one tree lo an entire urban forest population and is handled on a case-by-case Uasis.
C. TRAFFIC CONTROL
Contractor shali conform to all City traf'[ic sa ety requirements and operating rules at all times while fhis conlract is in effect. The Contractor shall employee staft'certihed as'1'raffic Control T)esign Specialist and 1'raffic Control'1'echnicians in accordance with the American Tra1#ic Sa.fety Services Association (ATSSA) and in accozdance with tlte Calitornia MUTCU latcst cdition.
Contractor will be responsible for supply ing and using all safety equipinent necessary to close or delineatc traffic lanes to through fraf ic. This is to include a high visibility Azxow I3oard(s) as necessary. The City, prior to use, must approvc all traffic safcty equipment for use. 111uminated arraw boards,sigu stands,dclincators and/or cones shall be used to identify work site tor vehicular and pedcst•ian safcty.
Unless otherwise approved by the City's Public Scrviccs llirector, or such person may be clesi mated by the Public Services llircctor, all work shall be done be.fore and after the h urs of 9:00 fi.m. and 3:00 p.m. respectivcly. All i ork on the city's znajor thoroughi ires tihall be in a.ccordarice with as thc requiren ents as sh wn below:
On A.rrow I Iigtiwa_y: I o work shall he done before the hours of 9:00 a.ni. on thc Iestbound direction and no work shall be done after 3:00 p.m.on the Eastbound direction.
35-
EXHIBITA-11
On Live Oak 1lvemie: Na work shall be done before the hours of 9:00 a.n1. on the Westbound direciion azid no work shall be dane after 3:U0 pan. on the astbound direction.
On lrwindale Avenue: No work shal] be done beforc the hours o1'9:00 a.m. on thc Souihbound direction and no work shall bc done a1`ter 3:00 p.m. on the Northbound direction.
On Poothill Avcnue:No work shall be done bef'ore the hours of 9:00 a.m, on the westbound direct7on and no work shall be done after 3:00 p.m.on the F slbound dircction.
U. PUBLIC NOTICING OF TRF,F, PRLINING OYERATIONS
Contractor shall be reqt ired to noti fy residents and/or busir esses of scheduled tree pi aning operations at least forty-eight (48) hours prior tc the w rk being performed.
Noticcs musl be approved by the Public Serviccs llirector, or such person as may be dcsignated by the Public Scrvices Director, prior to ciisiributiot.
City approved "No Parki ig" signs shall be posted on individual trees scl;eduled for prui in forty-cight (4$) hours prior to the w n k bei b perfarmed.
E. t'I,EAN UP
Contractor slna.11 clean all job sites when work is completed, including thc raking of 4caves, twigs, etc. from thc lawns a.nd parkways and the sweeping of strccts. l::ch day's scheduled work shall be completed and cleane i up and under no czrcumstances shall any bnish, Icaves, debris or equipment be left on the strcct 7rernight.
i3n sh and debris shall be rcmoved daily, sidewalks swc t, ]awns nd parkways raked out and gutters cleaned.
1'he Public Services llircetor, or sudi person as may he desi lated by the Public Services l irector,shall bc the sole judge as to the adequacy o#'the cleanup.
F. DtSPOSAL OF llF,BRiS
All tree debris produccd as a result of the Contraetc r's operations under this contirdct will be reduced,rcuscd,recycled,and/or transfo ned.Tl e City will rcccive in(rmation detailiix the amount of aebris recycled. 'l his inFornzafiion will be used for compliance vvith Assembly Bill 939, Assembly 13i11 341, AssennUl}Iiill 1K26 and Senate Bill 1383.
9. Creenwaste Xecycling Repurt:
Greenwaste that is txanspoi ted to an oi'1=site iacility for grinding inic mulch shall be docume ited and available to the {;ily oT a z:ionthly basis.
2. Wood Chips:
Chips generated from pruniz g operations within the City may first be dtEmped at a 36-
EXHIBITA-12
City designated site.
G. MiI OR MODIl+'ICA'1'IO1V5 AND/OR ADDITIONAL WU1ZK
1. `I`he City znay modify thesc specifications with lhe joint approval of ihe Contractor a1 d the City's Public Services T}irector,az•such person as may bc dcsignatecl by the Yublic Scrviccs Direc(or. All modifications shall bc in writing.
2. ITl tllE CVL'11t tiFl3l thl: ',ity sl oulci require additional Jor[c beyond the requirements of these speciGcafions,the Contractor shall pertorm all work at a competitive price.
3. Additional woxk may be added to the contrac! work as the ieed arises. '1'he I Contractot• shall perform all spccified and appro ed additional work at the unit prices submitted witll tlus bid proposal.
4. The Contractor sl all provide a competitive pricc for additic rial work hal may be added to the contract. Contractor will be required to demonslydte the ability to roperly execute the expanded workload with the nec:essary increase in labor, materials and eqt ipinent nccdcd to complete ihe additional work in a timeiy m iner.
5. "I'he Contraclar n ust Iiave the ability to receive:and respond to emergency situations and mt l respond to emergency call outs wilhin two (2)haurs of receipt of the call. 37-
EXHIBIT A-13
EXHIBIT"B"
Sl EC1AI, RFQUIREIvI NTS
N one.
38-
EXHIBIT B-1
i
F.XIIII3I'I':<C":
SCIILllULI: ()F C'n1viPENSA"I'lUN
Contractor shall perfi rn the requested Services on atime-and-materials ba5is s set torth inthe Scope o f Services in accord ce with the foliuwing unii zate schedulc,l;he Contract Sum of$576,645 for Ihe tl ree-ycar term oI'lhe agreement,hased on the following Schedule of Compensation Rate:
cmr oF iRwiti a E
SCHEDULE F COMPENSATION
ATTACHMENT"A'
Name of Firm: t Coast ArUorists Inc.
A. General Services(per year)
Services Esilmated Units Unii Prico Total Costs
1. Cost per StreeUPark Tree Trlmmfng(G id Pn,nmg) 4Q0 p pp 28,OQ0
2. Cost per Paim Tree TrimrNng(Grid) 660 S 7 pp 46,200
3. Aesthetic or Service Request par Pruning 1,343 94,010 _
4. Cost per Tree Ins{adlon based on Grid Schedule 801 fi Qp 4,005 A. SUB-TOTAL-GENERAL SERVICE3: $ 2 215
172,215
B. Emergency Servicea
Fully equipped 3 pereon crew piled In for emergency service;to includa all manpower, aqulpment,tools,traiflc control,d(sposa)costs,arxi zero materfal marlcupa.
Sarvfcee Unk Untt Prloe
1, Crew Price per hour(M-F,normai busirtess hours) EA Hourfy S 2g5.OD
2. Craw Prke per Hour(weekends a d/ar holldays) EA Houdy p_. _ SUB-TOTAL-EMERGENCYSERVICES: gq5.00
B. Other Costa
Servicas Estimated Units Un1t Price
Aesthetic or Service Request PruNn
0-8"dlameter at breast he' ht d h Per Tree
7-12"dbh Per Tree
12-18' dbh Per Tree 5 180.
19-24" dbh Per Tree 240.00
25-36'dbh PerTree 28
3T dbh 8 over Per Tree 3
2• Tree Removal
Trae and srianp remova(0-24" Per Diameter Inch $ Treo ramovals over 26'dbh Per Diameter Inch $ 42.00
Stum on removal Per Inch S 15.00
3• Tree Raising Per Tree
ATTACH MENT"A-i"
39-
EXHIBITC-1
ClTY OF IRWINDALE
SCHEDUI.E OF COMPEMSATiON
A7TACHMENT`A"CONTINUED
4. Tree Planting(incivaee iabor,tree,and 80-dayTree
Esladishment Pertod
15 gerton tree w/out Root Ball(RB)_ PerTree 195
15 allon tree with RB PerTtee S
24 inch bax Iree wlout RB
T
Per Tree __._ $ 350 p_
2d inch box trae with RB PerTree
36 inch box tree w/o RB Pet 7ree S
36 lnch box tree wifh RB Per Tree p
48 inch box tree wfth RB Per Tree
Speciaity Pian 15 gallon tree w!o RB Per Tree 226.
S ecialty Plen 15 allon tree with R6 ' Per Tree 250.00 _ Specialty Plent 24 box tree wlo RB Per Tree 395.60
S dalty Piant 24 box tree with RB Per Tree
5. Tree Watering,optbnal ^
t worker e hours)(cost ot rvatan equiament l. Per Da 720.OU 6• S ecialty Equlpment Per Hour a 5,ap
Palm Skfnnin lF i p
S• Root Prunfrg LF S 20.U0
g• Root Barrier Installation 12'or 18'Barrier) LF S 20.
Tree Irrvento _Sottware tloRel Mrluall a
GPS Inverrtory Re rt LS
Tree I ventory Updates
AddingnewsltesanNorworkAlstory LS! r
11. A bori9t Servfce &Plani Health Care Per hour a 5 . 0 A copy o/the ffrm's unit pricing scheduJe con be otioched to chrs sheet wlNr addiNona!casts not!)sted obove;however,Attochment"A"fs stlfl requlred to be/flfed out and submitted with the proposal.
I ATTACHMENT"A-2"
An additional $20,000 for as-needed tree planting and dead/structurally dcficicnt tree removals is added lo the general sub-total of$172,215 for a total anm al contract amo ulfi of$I 92,215.
I'he above•ates are valid fi r one ye.r tluough Junc 3U,2022. F,ach subsequent year will be subject to a cost increase based c n the Consumer Yrice Index (CP. The CPI increase will accur ea.ch July 1'`and will be based on March-March calculatians I r the Los Angeles nrea.
I
I 40-
I
EXHIBIT C-2
I — - - - _ __
The Contract Sun is inclusive of'all costs and fees for labor; cquipment and materials of any kind utilized by Contractor to complete thc Sen ces. Contractor sl all not be entitled to any othex compensatioai or rcirnburseme t of expenses beyond the bove rate for performance of Scrvices, cxcepl as specifically describcd in ihe attached schedule of rates. Any additional work authorized hy City iu writing shall be performed Uy Contractor based on the above rate schedulc.
EXHIBIT C-3
41-
EXHI}31 r°n°°
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TREL''1'R[MMING, M 111v'1'F,NANC, AND
ARRORIST 1NSPFCTIUN SC:HEDiiI,F_.AND LOCATinN MAP
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EXHIBIT D-1
42-
Quarter 1 Quarter 2 Quarter 3 I Quarfer 4
July—September) {October—December) (January—March) f (April—June) Area A Area B Area C f Area C
Ayon Avenue Arrow Ifighway
South of Arrow Highway) ast of Live Oak East End) Alice ROdfiguez Circle DUrbin Street Los Angeles Street
Azusa Canyon Road Ayala Avenue AI ha Street west of Hornbrooknvenue) Arrnw Highway
Calle de Paseo Ayon Avenue wesc of.ive oak East End) l.ower Azusa Road CharterStreet Avendia Padfila Avenida Barbosa Olive Street City Hali Business Center Drlve eateman Avenue Park Avenue Rivergrade Road
Cy ress St Calle Eva Miranda Ruena Vista Street Morth ot Live Oak Avenue) EI Nido Park Camino de fa Cantera Little Park of Irwindale Ramona Boulevard Fraijo Avenue Central venue Live Oak Avenue Schabarum Avenue Fourth(4'h}Street
South of Arraw Highway) Diaz Stree.t Longden Avenue
rwind-ale Avenue
South of A.*row I lighway to
Cypress Street) f=lrst(lnf Street Meridian Street
Fourth{4 h}Street
Invindale Community Park North ofArrow Highway} Mountain Avenue Library G!adstone Street Myrtle Avenue
Los Angeles Street lrwindale J venue{North oF
East of Aldersonj nrrow HiRhwa to Gladstone}Park Rose Avenue Martinez Street Irwindafe Road Peck lioad
Rivergrade Road
Nora Avenue Los Lomas Road North of I.ive Oakqvenue)
Neppertree Lane Martin Road Ruelas Strcet
Police Department Umelas Street Miguel Miranda Avenue
Senior Center SalvaYlerra Street
Skate Park Santos Diaz Street
Tapia Street Second(2")Street
Vincent Street
Soath of Arrow Highway)
Stewart Street
Thlyd(3)Street
Vincent Street(North of Arrow
Hiqhway ta Clty Umits)
4ny new streel note Ir'sted abnve shall be added to the li.st once it is frnalized.
EXNIBIT D-2
43-
Consultant shall per(vx ai all services timety in accardauce with tlie following schedule:
Quarter f: July -Seplember
1.rea A Tree Inspections ` Providc a rcpori io City on Result of Tnspection, including trces idcntifcd as
diseased, dead,poorly struch red and
re uires pruning.
Area A I'ree Removal 8r.As identified based on t•ee inspections Pruiiin and a work ordcr subtnitted by City
Citywide Palm 'll ee Prunin Each August,Contractor vill prune palm trees. City to submit a work order to
Conlractor
City vide Trce Pruning Service Request for any[ree pruning I outside Area A
Quarter 2: October-Uecember
Area B Tree Inspections Provide a rcport lo City an Result of Inspection, including trees identified as
diseased,dead, poorly structured and
requires nining.
Area B I'ree Itemova] &As identifed based on tree ins ections PYl1ll1I1 and a work ordcr submi[tecl by City
1 ..---- Citywide 1'ree Pruning& Scrvice Reyuest for any tree pruning Plantiug outside Area R and trcc planting citywide
Quartcr 3:Januai -March
Area C T'ree Inspections Providc a report to City on Result of lnspection, including trees identifieci as
discascd, dead, poorly structured and
requires pruning.
Area C 1'ree Removal&As idcntified based on tree insj ections Prunu and a work ordcr submitted by City
Citywide Tree Pruning Service Request for any tree pruning Planting outside Area C and tree planting citywide
Quartcr 4: A ril-Jwie
Ar a C Z ree lnspections Pmvide a report to City on Kesult of Inspection, includin trecs identified as
disc:ased,dead,poorly structured ana
re uires T'ltIllil .
Area C t'ree Removal &As idenlified based on t•ee inspections Prunui and a work ordcr submiited by City
Citywide 1'ree Pruning ; Servicc Reyuest for any tree pruning 1 Planting outside Area C and trcc planting citywide :.` I -- i
EXHIBIT D-3
44-
r-
AGREEMENT FILE NO. 230.X - EXHIBIT B
LOCATIONS AND SCHEDULE OF PERFORMANCE
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01997 Thomns Bros. Ma s
City of Beliflower w/ Districts
Agreement File No.230.X-Exhibit B
Locations and Schedule of Performance
City of Bellflower
Projected Annual Budget based on a 3-year Pruning Cycle Chinese Elms,Ficus,C.I.Pine trees,etc.are recommended for a 2-year Pruning Cycle) Other Tree Mointenance includes removals,p/anting,plant health care,etc.J Year#1(FY2022-23)
Maintenance Tree Pruning-3-year cycle(Grid Prune) large Scale Tree Pruning-2-Year Cycle I
Tree Size District 5 District 6 TOTAL UNIT RATE EXT.TOTA Chinese Elms Ficus C.I.Pines Stone Pine Aleppo Pine fern Pine Euc.Sider. TOTAL UNIT RATE EXT.TOTAL 0-6 52 44 96 $ 70.00 $ 6,720 19 11 2 12 44 $ 70.00 $ 3,080 7-12 385 237 622 $ 70.00 $ 43,540 39 21 10 2 52 5 129 $ 120.00 $ 15,480 13-18 160 249 409 $ 70.00 5 28,630 27 13 6 1 89 3 139 $ 190.00 $ 26,410 19-24 121 149 270 S 70.00 5 18,900 76 8 21 8 9 194 316 5 240.00 5 75,840 II25-30 54 48 102 $ 70.00 5 7,140 64 4 21 1 6 34 130 $ 280.00 5 36,400 31+ 6 1 7 $ 70.00 $ 490 16 - 10 4 5 1 36 $ 280.00 $ 10,080 778 728 1,506 105,420 241 57 70 16 20 382 8 794 167,290 O[herTreeMaintenance 100,000
I
Estimated Annual Budget 372,710
Year#2(FY2023-24)
Maintenance Tree Pruning-3-year cycle(Grid Prune)
Tree Size District 1 District 2 TOTAL UNIT RATE EXT.TOTAL 0-6 239 106 345 $ 70.00 $ 24,150
7-12 616 797 1,413 $ 70.00 $ 98,910
13Q8 267 344 611 $ 70.00 $ 42,770
i
19-24 170 268 438 $ 70.00 5 30,660
25-30 33 25 58 $ 70.00 $ 4,060
31+ 15 10 25 $ 70.00 $ 1,750 O[herTree Main[enance 100,000 1,340 1,550 2,890 202,300 Estima[ed Annual8udget 302,300 Year#3(FY202425)
Maintenance Tree Pruning-3-year cycle(Grid Prune) Large Scale Tree Pruning-2-Year Cycle I Tree Size District 3 District 4 TOTAL UNIT RATE EXT.TOTAL Chinese Elms Ficus C.I.Pines Stone Pine Aleppo Pine Fern Pine Euc.Sider. TOTAL UNIT RATE EXT.TOTAL 0-6 ioo ioa zoa $ o.o0 5 Zn,zao i9 ii z iz aa 5 o.o0 5 3,oao iz a3s 3 i,vz $ o.oa 5 sz,oao 3 zi io z sz s iz9 5 izo.00 S is,aso 13-18 245 492 737 $ 70.00 $ 51,590 27 13 6 1 89 3 139 $ 190.00 $ 26,410 19-24 219 238 457 $ 70.00 $ 31,990 76 8 21 8 9 194 316 $ 240.00 $ 75,840 25-30 53 ll4 167 5 70.00 S 11,690 64 4 21 1 6 34 130 5 280.00 5 36,400 31+ 19 15 34 $ 70.00 $ 2,380 16 - 10 4 5 1 36 S 280.00 $ 10,080 i 1,071 1,700 2,771 193,970 241 57 70 16 20 382 8 794 167,290 Other Trer Mnintenance 100,000
Estima[ed Annual Budge[461,260
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com November 7, 2022
City of Bellflower
Department of Public Works
ATTN:8ernardo lniguez
16600 Civic Center Drive
Bellflower, CA 90706
RE: Tree Maintenance Services
Dear Mr. Iniguez,
West Coast Arborists, Inc. (WCA) is excited for the opportunity to continue working with the City of Bellflower to accomplish one goal, and that is to preserve the integrity and health of the Cit s urban forest.
At this time, we would like to propose a new tree maintenance services contract under a piggyback" approach on the City of Irwindale's current contract. The rates found under Irwindale's contract are competitive among the industry, particularly with palm tree pruning, and tree removal.
We can agree to offer the same unit prices, terms and conditions as Irwindale's current contract. Attached to this letter are copies of Irwindale's RFP, Council Agenda Report and Price Schedule.
We look forward to establishing a strong relationship with the City as we provide quality urban tree care service. Should you have any questions or require additional information, please contact me at(800) 521-3714.
Sincerely,
Victor M. Gonzalez
Vice President, Business Development
t . : . - t :1
14-E
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Tae Rhee, Director of Finance/City Treasurer
SUBJECT: Consideration and possible action to receive and file Agreement File No. 394.3 with MuniServices, LLC for cannabis tax audit services.
DATE: November 14, 2022
EXECUTIVE SUMMARY
The Finance Department released a request for proposals dated June 15, 2022, for cannabis tax audit services and received proposals from three audit firms. Based on the qualifications and costs, staff selected the lowest fee proposer MuniServices, LLC for the audit of four dispensaries in the City. The audit will commence soon and encompass quarterly tax returns and payments made for three calendar years of 2019 through 2021.
RECOMMENDATION TO CITY COUNCIL
1) Receive and file Agreement File No. 394.3; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The total cost to conduct the audit of four dispensaries for three calendar years of 2019 through 2021 by MuniServices, LLC is $38,400.
BACKGROUND
BMC § 3.37.260(C) authorizes the audit of cannabis businesses operating in the City of Bellflower. Based on the request for proposals dated June 15, 2022, for cannabis tax audit services, the Finance Department received proposals from three audit firms with the following fees for the audit of four dispensaries for three calendar years of 2019 through 2021:
MuniServices, LLC $38,400
The Pun Group LLP $79,572
HdL Companies $85,000
- 1 -
Staff Report – AFN 394.3 with MuniServices, LLC for cannabis tax audit services November 14, 2022
BACKGROUND – Continued
Based on the qualifications and costs, staff selected the lowest fee proposer MuniServices, LLC for the audit of four dispensaries in the City and the audit will commence in November.
MuniServices, LLC has extensive experience in the cannabis industry performing more than 100 cannabis tax compliance audits for the municipalities in California.
ATTACHMENT
Agreement File No. 394.3 with MuniServices, LLC ........................................................ 3 - 2 -
AGREEMENT FILE NO. 394.3
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF BELLFLOWER
AND
MUNISERVICES, LLC
CANNABIS TAX AUDIT SERVICES
This AGREEMENT is entered into this 22 d day of August 2022, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation ("CITY") and MUNISERVICES, LLC, a Delaware limited liability company ("CONSULTANT"). The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT for CONSULTANT's services not to exceed sum(s) as set forth in duly executed Task Order(s). CITY will pay this sum(s) on a contingency fee basis as specified in the duly executed Task Order which is incorporated herein.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform cannabis tax audit services listed in the attached Exhibit "B," which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit B.
B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved Task Order will become a part of this Agreement. The standard form for the Task Order is set forth in Exhibit A.
C. Consulting services required by CITY will be provided on an as-needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 3 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PAYMENTS.
A. For CITY to pay CONSULTANT as specified by this Agreement and as set forth in each approved Task Order, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (atl as set forth in Exhibit A"), the tasks performed, the percentage of the task completed during the billing period, and the cumulative percentage completed for each task.
B. Except as otherwise provided in a Task Order, the maximum not-to- exceed amount for any individual Task Order will be limited to $25,000.
CITY's city manager may make payments up to $25,000 for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.
4. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that CONSULTANT has
i.Carefully investigated and considered the scope of services to be performed;
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 4 -
City of Beliflower
Agreement File No. 394.3
MuniServices, LLC
ii.Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY.
6. TERM.
A. The initial term of this Agreement will be for a period of three years beginning on the date of this Agreement, except that the term will be extended to the completion date of any Task Order in effect at the end of the term of this Agreement.
B. The term of this Agreement and any Task Order may be extended as determined by the City Manager or by written amendment to the Agreement or any Task Order.
C. The time allowed for CONSULTANT's completion of the services to be provided in accordance with the provisions of any Task Order will be as set forth in the Task Order.
D. When services are requested by CITY under a duly executed and approved Task Order(s) and a written notice to proceed is provided by the City, CONSULTANT will commence the requested services within a three- week notice period at any time during the term of this Agreement. CITY may terminate this Agreement as stated in Section 14.
7. COMMENCEMENT OF WORK. CONSULTANT will not perform any work for specific project scopes of work and services under duly executed and approved Task Orders under this Agreement until:
A. CONSULTANT furnishes annual proof of insurance as required under Section 22 of this Agreement;
B. CITY gives CONSULTANT a written notice to proceed; and C. Should CONSULTANT begin work on any approved Task Order in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 5 -
City of Beilflower
Agreement File No. 394.3
MuniServices, LLC
8. TIME EXTENSIONS DUE TO DELAY. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the City Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The City Manager will extend the completion date, when appropriate, for the completion of the contracted services.
9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, or in any duly executed Task Order, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly.
All such changes must be authorized in writing, executed by CONSULTANT and CITY.
The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
10.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer ldentification Number.
11.PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
12.PROJECT COORDINATION AND SUPERVISION.
A. CONSULTANT's professional services will be actually performed by, or immediately supervised by the individuals named in Exhibit B unless another qualified person(s) is approved by the City Manager.
B. A specific individual employed by CONSULTANT, and approved by the City Manager, will be assigned as Project Manager for each specific project defined in the Task Orders. The assigned Project Manager will be responsible for job performance, fee negotiations, and contractual matters, and is personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CONSULTANT, and will maintain direct communication with CITY's Project Manager.
C. Should the Project Manager be unable to complete his/her respective responsibilities on any specific project assignment as set forth in the Task Order, for any reason, he/she will be replaced by another qualified person approved by the City Manager.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 6 -
City of Beliflower
Agreement File No. 394.3
MuniServices, LLC
13. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
14. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement, or any individual Task Order, at any time with or without cause. Notice will be in writing at least thirty (30) days before the effective termination date.
B. CONSULTANT may terminate this Agreement, or any individual Task Order, at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property.
CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
D. Should the Agreement, or any individual Task Order, be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section.
15.NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither art will be deemedPY to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non-breaching party may terminate this Agreement.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 7 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT generated specificaliy for the CITY under this Agreement are CITY's property. CONSULTANT may retain copies of ments and materials as desired but will deliver all ori inal materials to CITYsaiddocug upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work I
product, is at CITY's own risk.
17.PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement betweenI' the parties.
I
18.INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i.Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance,
CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 8 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 21, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
19.ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void.
20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
21.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times during normal business hours to such records as long as such access does not unreasonably disrupt CONSULTANT's business operations, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
22.INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 9 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
Type of Insurance Limits (combined single)
Commercial general liability: 2,000,000
Professional Liability 1,000,000
Business automobile liability 1,000,000
Workers compensation Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88 or its equivalent. Such insurance will be on an occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City or upon ten (10) days prior written notice to City in the case of cancellation for nonpayment of premium.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto} or its equivalent.
D. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis,"CONSULTANT will continue to maintain the professional liability insurance in effect for a period of three 3) years after this Agreement expires or is terminated ("extended insurance"). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of "A:VII." DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 10 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention SIR") and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY's behalf upon the CONSULTANT'S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
23.USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any subcontractor while performing any portion of this Agreement. Such approval must be of the proposed subcontractor and the terms of compensation. The subcontractor for any specific project scopes of work and services will be listed in the Task Order.
24.INCIDENTAL TASKS. When required by any Task Order, CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
25.NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
Finance Director MuniServices, LLC
City of Bellflower Attn: Legal Dept
16600 Civic Center Drive 7625 North Palm Avenue, Suite 108 Bellflower, CA 90706 Fresno, CA 93711
trhee bellflower.orq
Fax: (562) 925-8660 Fax: (559) 312-2852
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 11 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
Copy to:MuniServices, LLC
Attn: Contracts Department
5860 Trinity Parkway, Suite 120
Centreville, VA 201 ZO
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
26.SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should in this A reement withoutCONSULTANTbreachorviolatethiswarranty, CITY may resc d g liability.
27.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. Notwithstanding the foregoing provisions, the State of California may exercise the rights reserved for it under this Agreement to ensure compliance with applicable California laws and regulations.
28.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involvin this a reement will be in Ventura County.g 9
29.COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
30.ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are three Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
II
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 12 -
Cit of BellflowerY
Agreement File No. 394.3
MuniServices, LLC
31.CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Task Order;
B. Exhibit B: Proposal; and
C. Exhibit C: Request for Proposals
32.RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or a ainst either Part .9 Y
a court of com etent33.SEVERABILITY. If any portion of this Agreement is declared by p jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
34.AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Bellflower City Council. This Agreement is not binding upon CITY until executed by the city manager. The Parties epresent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
35.ACCEPTANCE OF ELECTRONIC SIGNATURES. In accordance with Government Code § 16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
36.COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
37.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38.FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other.
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 13 -
City of Beilflower
Agreement File No. 394.3
MuniServices, L C
39.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
40.STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with rivate consultants and ex erience in dealin with ublic a encies all su est that I
P P 9 P 9 99
CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BEL ER MUNISERVICES, LLC
Jeffrey . S w , ity Manager Carl Kumpf, Chief Financial Officer ATTE T:
Taxpayer ID No. 13-3528885
a O hiqui, ity lerk
APPROVED TO ORM:
Karl H. Berger,; "ity Attorney
v'
Attachments:
Exhibit A—Task Order
Exhibit B — MuniServices, LLC Proposal dated July 14, 2022 Exhibit C — City of Bellflower Request for Proposals, dated June 15, 2022 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 14 -
City of Bellflower
Agreement File No. 394.3
MuniServices, LLC
Exhibit A
TASK ORDER 1 — CONSULTANT SERVICES
Contractor: MuniServices, LLC
7625 North Palm Avenue, Suite 108
Fresno, CA 93711
Project Name: Cannabis Tax Audit Services
City Contact: Tae Rhee, Finance Director
16600 Civic Center Drive, Bellflower, CA 90706
trhee(c bellflower.org
562) 804-1424
Scope of Work: MuniServices LLC is hereby authorized to provide cannabis tax audit services for the following four businesses for their dispensaries/retail sales for three calendar years 2019-2021:
The Medicine Woman Group, LLC
NC3 Systems Inc, DBA Deli by Caliva
Joint Forces, LLC, DBA Greenwolf
EEL Holdings, LLC, DBA Catalyst
Due Date: January 31, 2023
Compensation: Compensation for services rendered under this task order will 38,400, which is all inclusive including out-of-pocket costs and attending City Council Meetings to present the audit reports, findings d other issues.
Work Authorized By:Z6 ZZ-
Jeffr te rt, City Manager at
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 15 -
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CITY UF BELLFLOWER, CA
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DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 16 -
MU N I CAN NABIS TAX AU DIT SERVICES
AN A V E N U INSIGHTS€ANALYTICS COMPANY
Statement of Interest
July 14, 2022
Tae Rhee
Director of Finance
City of Bellflower
16600 Civic Center Dr.
Bellflower, CA 90706
RE:RFP for Cannabis Tax Audit Services
Dear Tae:
Thank you for giving us the opportunity to provide our proposal for Cannabis Tax Audit Services.
MuniServices shares your understanding of the critical need to maximize the local tax revenue that funds your City services and prepares your jurisdiction for the future that you want. We welcome the opportunity to expand our partnership with the City of Bellflower to achieve these goals.
For 40 years, MuniServices has worked exclusively with public agencies to protect, enhance, and administer local tax revenue and fees. More than 3,000 clients nationwide, and 300 in California alone, have engaged us to address their revenue challenges with our concierge-level services.
MuniServices' has performed more than 100 cannabis tax compliance audits for California municipalities, providing us with the well-established, institutional knowledge on regulations, taxation, acquisition, cultivation, production, and distribution of cannabis. Our extensive experience in this industry uniquely qualifies our firm to perform professional services to assist with implementation, development, optimization, and enforcement of local cannabis taxes and regulations.
Laura Burnett, Client Success Manager, will serve as the City's primary contact for this project. Laura may be reached by email at [email protected], or by phone at 805.990.2348.
As MuniServices' Chief Financial Officer, I am duly authorized to commit MuniServices to a contract and represent the firm in all oral presentations and negotiations.
The proposal included here is valid for a period of at least 90 days from the date of this proposal.
Sincerely,
Carl Kumpf,
Chief Financial Officer
MuniServices, LLC
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 17 -
U N I CANNABIS TAX AUDIT SERVICES
N A V E N U irvs GHTs ANA vTicscoMPaNv1.
Description of Approach
MuniServices, L C, was founded in 1978 as Municipal Resource Consultants (MRC). The firm flourished throughout California and quickly branched out into other regions. The company and its affiliates employ over 900 professional level staff members who are completely dedicated to the success of each unique public entity we serve. Our offices are strategically located across the nation.
Our offerings are complemented with a dedicated Government Relations team that provides federal, state and local government advocacy, policy, regulatory and legislative consulting support as needed.
Cannabis Tax Audit Expertise in California
MuniServices has extensive experience providing financial audits for commercial cannabis businesses. We provide cities with a comprehensive financial audit program that contributes to the overall cannabis business oversight. Our comprehensive audit program ensures gross receipts are accurately being reported and that local cannabis businesses comply with all applicable local and state financial regulations. These audits help cannabis businesses better understand financial requirements and assist them with the development of proper financial protocols.
MuniServices will work closely with your cannabis business community to review current financial protocols, provide education on doc mentation, and assist with the correction of errors that cause deficiencies. The goal of these audits is both to provide education to the cannabis businesses in financial best practices and to ensure that the City maximizes its tax revenue from the cannabis program. We customize our financial audit services to suit the specific needs and business environment of our client city. Businesses which go through financial audits are more likely to take the City's regulations seriously and comply with them because they realize that an audit program is in place and they are likely to get audited in the future.
It is important that each cannabis business operating within Bellflower accurately maintains its books and records to ensure proper reporting to the various taxing entities and ensure the City obtains an accurate payment of its gross receipts tax by each business. We are familiar with the typical operational costs of running cannabis businesses, the state's unique tax structure for cannabis businesses, as well as the unique banking situation for such operations. We leverage our experience conducting similar audits for other cities across the state.
Legislative and Regulatory Updates, Consulting and Support MuniServices continually develops and invests in resources to evaluate, monitor, and analyze current and proposed ballot measures, regulations and legislation at the local, state and federal level to identify issues that may impact the City's current I cannabis municipal code and ordinances.
This analysis includes an in-depth summary of any issues that may impact the City's current position on the cannabis industry, including but not limited to, tax or fee revenues, land use and zoning and public safety. MuniServices can provide informal or detailed verbal and/or written reports on issues relating to the cannabis industry and make recommendations to the City and its lobbyists.
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 18 -
MU N I.J E V I C CANNABIS TAX AUDIT SERVICES
1,d A V E N U `.'> ,
Work Plan
The City desires to ensure the registered commercial cannabis retailers are conducting business within the guidelines provided for by the State of California related to taxation as well as local ordinances and that each maintains accurate books and records, to ensure the proper reporting to the various taxing entities and ensure the City obtains an accurate payment. The City currently has 4 registered retailers operating.
In performing the Financial Audit Services, Muniservices will:
Informational Kickoff Meetinq - Meet with designated City staff to review and discuss potential audit candidates, audit approach and establish a mutually agreeable project timeline Begin audit process
Audit Issues/Findinqs Meetinq — Meet with designated City staff on audit activities, including, but not limited to:
o Unexpected delays resulting from the business entity response or other causes. o Significant errors or issues identified during the audit process o Cooporation issues with the business entity
Draft Report Presentation Meeting— Meet with City staff to present draft report for each business Presentation of final audit report — Written report with information about each business; those in compliance, those not in compliance, and recommendations for corrective actions Presentation of audit summary—Written report with recommendations on possible administrative, technical and/or regulatory policy modifications that may improve future compliance Commercial Canabis Business Audit Approach
Muniservices' audit process has been developed to address the specifc requirements of each business ope ation and is not a one-size-fits-all approach. We recognize that business have differing operating styles, expertise and attention to detail. MuniServices will conduct initial expedited analytical evaluations before starting a complete verification of the business operations. The results of the initial analysis will determine the extent and depth of the full examination.
MuniServices will also work with City to create an audit authorization letter to be presented to the entities selected for review giving MuniServices authorization to conduct work on the City's behalf. This letter will provide clear expectations for timely complying with audit requests such as access to the facility, system specifications and financial data storage and access.
The audit analysis can included, but is not limited to the following tasks:
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 19 -
MU N I
CANNABIS TAX AUDIT SERVICES
aN A V E N U INSIGHTS&ANALYTICS COMPANY
1. Review of applicable provisions of the City's municipal code (Bellflower Municipal Code § 3.37 et seq.) and resolutions adopted by the City, including but not limited to Resolution No. 20-63 and 21-35.
2. Review business records filed with the city such as application, operating agreements, compliance documents and tax returns.
3. Initiate communication with businesses to establish appropriate business contacts, Point of Sales systems (POS), product inventory and tracking systems, accounting data systems, physical operation procedures and methodology.
4. Examination of business operations and financial data verify the accuracy of reported tax returns and compliance with city regulatory and administrative policies.
5. Prepare a draft audit report for each business entity. The report will identify any tax deficiencies with a summary explaining how the error as established and suggestions on a resolution to ensure future compliance.
6. The draft report will first be discussed with city staff and then presented to the business entity. The business entity will be provided an appropriate amount of time to review the audit report and respond to any of the audit findings.
7. Prepare a final audit report summarizing the findings. The audit report will include information about the specific aspects of the business that were in compliance, those that were not in compliance, and recommendations for corrective actions. If relevant, we will also include areas for continued monitoring.
8. Prepare an audit summary report upon completion of all the initial audits. The audit summary report will provide recommendations to the city on possible administrative, technical and/or regulatory policy modification that maybe considered to improve compliance with City operating and reporting requirements.
Audit Timeline
MuniServices' audit process is comprised of proven procedures and techniques. Because each business entity is unique the audit approach is determined by the competence and cooperation of the business. While it is difficult to specify the number of hours for each audit task listed above for each entity, based on experience, we are providing the amounts of time that is expected to be necessary.
Proposed oversite fixed hours
Tasks 1,6, and 8 20 hours total
Proposed annual audit hours
for each business Tasks 2, 3, 4, 5, and 7 30 hours er business Duration of Project: 60 days from obtaining access to business data Ste 4
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 20 -
MU N I CANNABIS TAX AUDIT SERVICES
AN A V E N U INSIGHTS rs ANALYTICS COMPANY
List of Cannabis Tax Audit Service Experience
4Y 4 '° r " '
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RKawasaki(c citvofsacramento.orq
Office 916-808-8500
Project Description - Education, consulting and auditing services focused on newly licensed dispensaries, author custom curriculum on compliance with state and local tax levies and operating in accordance with the City's cannabis ordinances and State and local sales and use taxes.
69 audits completed with $400k in audit findings.
20 additional audits are currently in progress.
r
kbiersack(c cathedralcity.qov
j* ` J -0 N Ms iV, . .
Office 760-770-0378
Project Description: Education, consulting and auditing services focused on newly licensed dispensaries, author custom curriculum on compliance with state and local tax levies and operating in accordance with the City's cannabis ordinances and State and local sales and use taxes.
49 audits completed with $334k in audit findings.
Evis.morales(c citvofwoddland.orq
Office (530) 661-5923
Project Description: Direct annual compliance audits of all licensed and unlicensed cannabis dispensaries operating within the City to ensure compliance with ordinances, tax levies and reporting.
Ongoing audits in process
r . e..;.:...d..n.:,
jtomaszewski(a santabarbaraca.qov
Office (805) 564-5340
Project Description: Direct annual compliance audits of all licensed and unlicensed cannabis dispensaries operating within the City to ensure compliance with ordinances, tax levies and reporting.
Ongoing audits in process
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 21 -
MU N I E RV I C ES
CAN NABIS TAX AUDIT SERVICES
AN A V E N U INSIGHTS&ANALYTICS COMPANY
Audit Team
MuniServices has developed a highly experienced Cannabis consulting team that has experience with issues impacting local government dating back to the inception of Cannabis industry regulation in California. Our team has an established track record related to the "best practices" of local implementation, regulation, development, and compliance across California that will benefit the City in the post-Proposition 64 era.
Audit Team Leadership
Michae!Portis, CPA, Vice President of Audit - As Avenu's Vice President of Audit, Michael leads Avenu's Compliance Audit Group, which consists of a full suite of compliance auditing across several tax types. Michael is a Certified Public Accountant in both Texas and North Carolina and is a U.S.
Army Veteran. He has 25 years of direct experience in tax auditing and has served in several key positions for some of the largest tax firms in the United States. Education: Doctor of Jurisprudence from the University of Houston Law Center and Bachelor of Business Administration in Accounting from the University of Texas at San Antonio.
Cannabis Audit Team
Chris Wills, CRE, Compliance Audit Manager- Chris performs and oversees compliance audit operations for clients nationwide. Chris has worked for the company since 2008 and has developed a specialty practice within the company working especially on Cannabis, Franchise Fee and Utility Tax audit projects. Chris has built a wide array of resources and knowledge specific to each industry, which has been beneficial in resolving audit issues for our clients and finding the missing revenues they should have been receiving. Chris received his Bachelor of Science degree in Accounting from Jacksonville State University and is a Certified Revenue Examiner.
Katie Bellew, CRE, Cannabis Audit Supervisor- Katie performs audit operations for Cannabis Tax clients. An auditing professional with extensive knowledge of cannabis tax, sales tax, consumer's use tax, utility license taxes, franchise fees, testing methodology, and evaluation of company internal controls. Katie received her Bachelor of Science degree in Accounting with a minor in Finance from Auburn University. Katie is also a Certified Revenue Examiner.
Government Relations
Francesco D. Mancia, MBA, Vice President, Government Relations Fran joined MuniServices in 1995 and oversees the company Legislative, Regulatory, and Government Relations work at the state and federal level. Fran will work closely with state legislators and regulatory agencies on all issues related to the ongoing implementation of rules and regulations impacting cannabis revenue during this project. Fran has served as a member of the League of California Cities Revenue and Taxation Policy Committee. Fran graduated from the University of California, Santa Barbara and earned a Bachelor of Arts degree in Communications, and attended the University of San Francisco where he earned an MBA.
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 22 -
A.
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Submitted By:
MuniSerl`ri g;,LC
5716 Cc sa Avenue,Suite 203
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Westiake ilage,CA 91362
Attn:Laura Bumett,Client.ucxess M nagec
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DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 23 -
MU N I
CANNABIS TAX AUDIT SERVICES
N A V E N U INS GHTS&ANALYTICS COMPANY
Cost Proposal
CY 2019 or CY 2020 or CY 2021 or
Proposed Audit Fees FY 2020 FY 2021 FY 2022 Total
Dispensary/Retail1 $3,200 3,200 3,200 9,600
Dispensary/Retail2 $3,200 3,200 3,200 9,600
Dispensary/Retail 3 $3,200 3,200 3,200 9,600
i Dispensary/Retail 4 $3,200 3,200 3,200 9,600
Total $12,800 12,800 12,800 38,400
CITY OF BELLFLOWER
DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 24 -
REQUEST FOR PROPOSALS
CITY OF BELLFLOWER
CANNABIS TAX AUDIT SERVICES
June 15, 2022
1 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 25 -
SECTION 1
REQUEST FOR PROPOSALS
A. INVITATION
The City of Bellflower is soliciting proposals from companies experienced in and qualified to perform cannabis tax audit services. Interested and qualified companies who have demonstrated their ability at providing such services are invited to submit proposals.
Qualified companies are invited to submit proposals via email to the City no later than 4:00 p.m. on July 15, 2022.
B. BACKGROUND ON THE CITY'S CANNABIS TAX
In November 2016, California voters approved Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act(AUMA), requiring a State license to engage in commercial non-medical marijuana activities. AUMA legalized recreational use of marijuana by adults in California and provided broad local regulatory and taxation authority, allowing local governments to decide how best to regulate and impose local taxes on the retail sales, cultivation, manufacturing, distribution, and other cannabis activities in their communities.
In March 2017, voters in the City of Bellflower passed Measure B authorizing a new general tax on cannabis businesses operating within the City of Bellflower including commercial cultivation, distribution, manufacturing, and retail sales effective July 1, 2017.
All tax revenue derived from the tax is deposited in the City's General Fund and there is no sunset clause on the taxes.
Pursuant to Title 14 of the Bellflower Municipal Code (BMC), Cannabis-Related Businesses, the City regulates cannabis businesses and currently has 11 active cannabis business permits (CBPs) as follows:
CBP CBP CBP CBP CBP Total
CBP T e Holder 1 Holder 2 Holder 3 Holder 4 Holder 5 CBPs Dispensary/1 1 1 1 4
retail sales
Cultivation 1 1 2
Manufacturin 1 1 2
Distribution 1 1 1 3
Total 3 3 3 1 1 11
BMC Chapter 3.37, Cannabis Tax, sets forth cannabis tax rates and annual rate increases for all cannabis businesses ( https://library.qcode.us!!ib/bellflower ca/pub/municipal code item/titie 3-chapter 3 37). The dispensary/retail, manufacturing and distribution businesses are taxed based on gross receipts and cultivation is taxed based on the square footage of the canopy space. The City Council took action to temporarily reduce the tax rates for manufacturing, distribution, and dispensary/retail sales by adopting Resolution Nos. 20-63 and 21-35. The following are the tax rates since inception:
2 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 26 -
7/1/2017 to
Effective:6/30/2020 7/1/2020 9/28/2020 7/1/2021 7/1/2022 7/1/2023 7/1/2024 Dis ensar / Retail 5% 7.50% Na 8.5% B 8.50%TBD TBD
Manufacturi 5% 7.50% 2°/o A 2°/o 2% TBD TBD
Distribution 5% 7.50% 1% A 1% 1°/a TBD TBD
Cultivation 15/sf $17.5/sf Na 20/sf $22.5/sf $25/sf +CPI A) Per Resolution No. 20-63.
A) Per Resolution No. 21-35.
Cannabis taxes are paid quarterly. BMC Chapter 3.37 outlines the procedures for the reporting and remittance of the taxes and penalties and interest for any person or business who fails to pay cannabis tax when due. This Chapter grants the power to audit and examine all books and records of those engaged in cannabis business.
SECTION 2
SCOPE OF SERVICES
The most significant cannabis tax revenue generators are dispensaries/retail establishments. As a result, services desired include onsite cannabis tax audit services of all four dispensaries/retail establishments and any other services that may be deemed necessary.
Cannabis Tax Audit of Dispensaries / Retail Establishments Conduct onsite annual audits as recommended per industry standards or practice for up to three prior years for each dispensary/retail establishment. Cannabis tax returns and payments are remitted quarterly to the City.
Facilitate at least three meetings (informational kick-off, audit issues /findings, draft reports, etc.)
Provide any technical and policy recommendations to the City based on the audit and tax collections.
SECTION 3
QUALIFICATIONS AND REQUIREMENTS
A. QUALIFICATIONS
The qualifications of a vendor will be determined based on the following factors:
Understanding of the City's request for services
Experience and background in the cannabis tax audit services Understanding of the City's cannabis tax ordinance and other industry regulations
Verifiable references from other cannabis tax audit clients 3 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 27 -
SECTION 4
SUBMITTAL INSTRUCTIONS
A. SUBMISSIONS DUE
Please submit proposals and questions via email to Tae Rhee, Finance Director, trhee .beliflower.orq and Anna Garan, Finance Manager, aqaran[a.bellflower.org.
All proposals are due no later than by 4:00 p.m. on Friday, July 15, 2022. Proposals received after the deadline will not be considered.
B. REQUIRED COMPONENTS
Your proposal must be complete for consideration and must consist of two files: 1) your response to the request for qualifications and 2) your cost proposal for the audit of each of four dispensaries/retail establishments per year up to three years.
Your response to the request for qualifications should include the following components:
Information Statement including company background and contact details.
Statement of Interest describing why your company has an interest in this work and why your company would be the City's best choice.
Description of your approach to the cannabis tax audit services.
Proposed audit timeline including all essential tasks and duration of each task.
Audit team for this engagement and qualifications of the members.
List of other similar cannabis tax audit service experience and contact names to be used as references (please list three).
Your cost proposal must be submitted by the same deadline but in a separate file.
Proposed Audit Fees
CY 2019 or CY 2020 or CY 2021 or
FY 2020 FY 2021 FY 2022 Total
Dis ensa /Retail 1 $
Dis ensa /Retail2 $
Dis ensa /Retail3 $
Dis ensa /Retail4 $
Tota I
Notes:
1. Cannabis tax returns and payments are remitted quarterly.
2. Audit services may be limited to 1-3 prior years for each dispensary/retail establishment at the discretion of the City.
4 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 28 -
SECTION 5
OTHER INFORMATION
A. REVISIONS TO THE RFP
The City reserves the right to revise the RFP prior to the date proposals are due.
Revisions to the RFP wiil be communicated via emaii to the requested individuals. The City also reserves the right to extend the due date.
B. DISCRETION AND LIABILITY WAIVER
The City may exercise its sole discretion and judgment regarding any qualifications submitted in determining whether a proposal should be accepted.
The City may reject any or all submittals, either in part or in their entirety, or to request and obtain, from one or more of the businesses submitting, supplementary information as may be necessary for City staff to analyze the qualifications pursuant to the contractor selection criteria contained herein.
The City may require proposers to participate in additional rounds of discussions, negotiations, or more refined submittals before the ultimate selection of a contractor is made. These rounds could encompass revisions of the submittal criteria in response to the nature and scope of the initial qualifications.
The proposer, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP.
This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a submission pursuant to this RFP, or to procure or contract for work.
The proposer is responsible for all costs associated with preparation of submittals to the City.
All qualifications, costs, and other information submitted in response to this RFP become the property of the City and constitute public records subject to public review.
The City reserves the right to cancel or modify in part or in its entirety this RFP including, without limitation, selection procedures, submittal date, and submittal requirements. If the City cancels or revises the RFP, all responding companies will be notified via email.
C. CITY'S STANDARD AGREEMENT
The successful company is expected to execute the City's standard agreement (copy attached) as is with minor modifications as required to customize the agreement to the specific services. Successful company must comply with all insurance and other requirements as set forth in the standard agreement.
5 DocuSign Envelope ID: 76F25C08-102E-42DE-86FF-D78D1245CD61 - 29 -
Certificate Of Completion
Envelope Id: 76F25C08102E42DE86FFD78D1245CD61 Status: Completed Subject: Please DocuSign: City of Bellflower - AFN 394.3 Muniservices, LLC.pdf Source Envelope:
Document Pages: 27 Signatures: 1 Envelope Originator:
Certificate Pages: 4 Initials: 0 City Clerk
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
16600 Civic Center Drive
16600 Civic Center Drive
Bellflower, CA 90706
[email protected]
IP Address:
Record Tracking
Status: Original
9/28/2022 9:07:46 AM
Holder: City Clerk
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Carl Kumpf
[email protected]
Cfo
MuniServices LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:
Sent: 9/28/2022 9:10:26 AM
Viewed: 9/29/2022 12:32:43 PM
Signed: 10/6/2022 7:27:18 AM
Electronic Record and Signature Disclosure:
Accepted: 9/29/2022 12:32:43 PM
ID: f2c94c68-6f9d-4eda-9e62-bab10b6fb82c
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/28/2022 9:10:26 AM
Certified Delivered Security Checked 9/29/2022 12:32:43 PM Signing Complete Security Checked 10/6/2022 7:27:18 AM
Completed Security Checked 10/6/2022 7:27:18 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/8/2020 10:47:26 AM Parties agreed to: Carl Kumpf
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.
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14-F
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to authorize the City Manager to issue a new Request for Proposals (RFP) No. CC-2022-01 for Professional Services for Document Conversion and Scanning Services.
DATE: November 14, 2022
EXECUTIVE SUMMARY
In past years, the City of Bellflower has entered into agreements for professional document conversion and scanning services for the Planning and Building Services Department in particular. The latest agreement expired in 2020. Recently, it came to the City Clerk’s attention that there were two large volume scanning projects that the Public Works Department and Planning and Building Services Department were independently interested in completing. These needs prompted discussions regarding Citywide scanning services being consolidated under the Records Management Program and overseen by the City Clerk’s Office. In gathering further information about the projects and requesting preliminary estimates from a few service providers, staff learned that the estimated amounts warranted an RFP process.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to issue RFP No. CC-2022-01; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Preliminary estimated costs associated with the large volume projects are as follows:
Project A: Public Works Department - $80,000
Project B: Planning and Building Services Department - $40,000
The following funds are allocated in the Planning and Building Services budget for these services and necessary budget amendments will be presented at or after contract award:
Account No. 010-42022-4100 / Document Conversion-Planning / $4,000 Account No. 600-42022-4120 / Document Conversion-Building / $10,000
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Staff Report – RFP for Document Conversion and Scanning Services November 14, 2022
FISCAL IMPACT – Continued
The Public Works Department will use funds in the City Maintenance Yard Improvements Account No. 011-47260-9000, as the large volume project relates to the construction of new offices and the need for the space where the maps are currently stored. If additional funds are needed, then the Public Works Adminsitration Contract Services Acccount No. 010-42054-3000 will be used. Necessary budget amendments for Public Works will also be presented at or after contract award.
The estimated cost for Citywide ongoing scanning services is less definitive. Based on previous contracts for similar services for the Planning Department, we are estimating these costs to be $20,000 per year. If the RFP is authorized for release and a service provider selected, sufficient budget will be requested for ongoing services at the upcoming two-year budget cycle.
DISCUSSION
In past years, the City of Bellflower has entered into agreements for professional document conversion and scanning services for the Planning and Building Services Department in particular. The latest agreement expired in 2020. Recently, it came to the City Clerk’s attention that there were two large volume scanning projects that the Public Works Department and Planning and Building Services Department were independently interested in completing. This need prompted discussions regarding Citywide scanning services being consolidated under the Records Management Program and overseen by the City Clerk’s Office. In gathering further information about the projects and requesting preliminary estimates from a few service providers, we learned that the estimated amounts warranted an RFP process.
The RFP would include ongoing Citywide document conversion and scanning services, as well as the two large volume projects for the Public Works Department (Project A) and the Planning and Building Services Department (Project B).
Project A - Public Works: Construction Plans; approximately 5,000 files; average of 10 pages/plan set; scanned at file-level (one electronic file per paper file); and indexed per Project Name, Specifications No.: XX/XX-XX, and Date Completed:
MM/DD/YYY.
Project B - Planning and Building Services: Building Permits, Planning Files, and Blueprints; approximately 68 boxes of records: 42 boxes of blueprints, 19 boxes of building permits, and 7 boxes of planning files; scanned at file-level (one electronic file per paper file); and indexed by Address, Street Name, APN, and Case Number/Permit Number.
The City Clerk’s Office would manage the release and return of City records from the contractor and monitor the projects through completion. Professional document and scanning services will only be used for permanent records to provide for efficient ease of access for staff and preservation of the original records.
ATTACHMENT
RFP No. CC-2022-01 for Document Conversion and Scanning Services ....................... 3 -2-
REQUEST FOR PROPOSALS
NO. CC-2022-01
FOR DOCUMENT CONVERSION AND SCANNING SERVICES
RELEASED: NOVEMBER 15, 2022
SUBMITTALS DUE BY: 3:30 P.M., DECEMBER 2, 2022
CITY OF BELLFLOWER
CITY CLERK’S OFFICE
16600 CIVIC CENTER DRIVE
BELLFLOWER, CA 90706
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REQUEST FOR PROPOSALS
Sealed proposals must be received before 3:30 p.m. on Friday, December 2, 2022, by the City Clerk’s Office for the City of Bellflower, 16600 Civic Center Dr., Bellflower, CA 90706 for document conversion and scanning services.
Parties interested in obtaining a Request for Proposals (RFP) package (at no cost) should contact the:
City Clerk’s Office
16600 Civic Center Drive
Bellflower, CA 90706
Or via telephone at (562) 804-1424, ext. 2220
Please refer to specifications for complete details and bid requirements. The specifications in this notice are a part of any contract awarded in accordance with this RFP.
Contact:
Mayra Ochiqui, City Clerk
(562) 804-1424, ext. 2222
[email protected]
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
CITY OF BELLFLOWER
REQUEST FOR PROPOSALS
PROPOSAL NO. CC-2022-01
PROPOSALS ARE DUE: NOT LATER THAN 3:30 PM Friday, December 2, 2022.
The City of Bellflower (City) invites sealed proposals for: document conversion and scanning services.
1. Return original of Proposal to:
City of Bellflower
City Clerk’s Office
16600 Civic Center Dr.
Bellflower, CA 90706
2. Proposer must honor proposal prices for sixty (60) days.
3. Proposals must include this Proposal form and be signed by the vendor's authorized representative.
5. Award of a contract will be made by the City Council based upon the criteria set forth in this Request for Proposals (RFP) and will be made based upon the best qualified proposer rather than lowest price.
PROPOSER TO READ
I have read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above.
__________________________ ________________________________ Company Address
____________________________ ________________________________ Name (Print) Signature
____________________________ ________________________________ Company Phone No. Title of Person Signing Bid
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
PROPOSAL INSTRUCTIONS
1. Submitting Proposals. (a) Proposals must include this form, in its entirety, in a sealed envelope with the wording “Proposal,” proposal number and closing date marked on the outside; (b) Proposals/corrections received after the closing time will not be opened. The City is not responsible for proposals not properly marked and delivered. Upon award, all submissions become a matter of public record.
2. Alternatives. Any changes or alternatives must be set forth in a letter attached to this proposal. The City has the option of accepting or rejecting any alternative proposal.
3. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency.
4. Preparation. All proposals must be typed or written in black ink. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal.
5. Rejection. The City may reject any or all proposals and waive irregularity in any proposal.
6. Default. In case of default by the vendor of any of the conditions of this proposal or contract resulting from this proposal, the vendor agrees that the City may procure the services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City will be considered the prevailing market price at the time such purchase is made.
7. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment.
8. Sub-contractors. The Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project.
9. Indemnification. The extent of a successful contractor’s obligation to indemnify and defend the City is set forth in the sample contract attached to this RFP.
10. Bonds. When deemed necessary by the City, bid bonds must be furnished by all proposers in the amount of at least 10% of the bid to guarantee that proposers will enter into contract to furnish goods at prices stated. Likewise, a Performance Bond must be required of the successful proposer when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond).
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
11. Insurance. This is a contract involving services and the City requires insurance.
Insurance must be primary insurance and must name the City of Bellflower as an additional insured. Proof of insurance in the following amounts must be provided prior to contract signing; liability in the amount of $2,000,000, automotive in the amount of $1,000,000, and worker’s compensation in accordance with California law. Specific insurance requirements are set forth in the sample contract.
BIDDERS MUST SIGN AND RETURN EXHIBIT A, INSURANCE
REQUIREMENTS, WITH THEIR PROPOSAL.
12. On-Site Inspection. Aside from the on-site inspection to be conducted during the mandatory pre-proposal meeting, prospective bidders may request to conduct a follow-up on-site inspection by providing at least 48-hrs advance notice to the City’s City Clerk.
13. Off-Site Inspection. During the RFP evaluation process, the City reserves the right to conduct an off-site inspection at the prospective bidder’s facility(ies) to inspect the facility and equipment to be utilized by the prospective bidder to scan the City’s documents.
14. Proposal Rejection. The City may reject the proposal of any proposer who previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of Bellflower.
15. Contract Pricing. Except as otherwise provided, price proposals must remain consistent through the term of this contract.
16. Proposal Questions.
Questions should be forwarded on letterhead to:
City of Bellflower
Mayra Ochiqui, City Clerk
16600 Civic Center Dr.
Bellflower, CA 90706
[email protected]
The last day to submit questions regarding the RFP or to conduct follow-up site visits at the City’s facilities where the documents are stored will be the Friday before the proposals are due.
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
CONTRACT SAMPLE
The successful bidder will be required to enter into the sample contract that is attached as Exhibit “C.”
STATEMENT OF WORK AND FORMAT
The City of Bellflower (City) requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposals (RFP) the words "Bidder," "Contractor," “Vendor”, “Firm”, “Company”, and "Consultant" are used interchangeably.
1. Purpose: General services to provide document conversion and scanning services of various files in our jurisdiction for use in Laserfiche 10.3.0.457, or newer document imaging system and repository.
2. Proposal Schedule: Following is a tentative schedule of events:
Pre-Proposal Meeting / On-site Inspection
A pre-proposal meeting will be held on Friday, November 18, 2022 at Bellflower City Hall, 16600 Civic Center Drive, Bellflower, CA 90706.
10:30 a.m. – Bellflower City Hall, Planning Department, 16600 Civic Center Dr., Bellflower, CA 90706
11:00 a.m. – Public Works Yard, 9944 Flora Vista, Bellflower, CA 90706
Attendance at the meeting is mandatory. The meeting will include a walk-through to show prospective bidders the documents to be scanned. No submittal will be accepted from any bidders who fail to attend the pre-proposal meeting. With the exception of questions received at the pre-proposal meeting, all other questions must be submitted in writing via letter or e-mail to:
Mayra Ochiqui, City Clerk
16600 Civic Center Dr.
Bellflower, CA 90706
[email protected]
Proposal Requirements
Three copies of the proposal must be received by the City as set forth on the first page.
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
Evaluation of Proposals
The proposals will be reviewed by City staff during the week of December 5, 2022. Proposals will be evaluated based on the following qualifications criteria:
Evaluation Factor %Weight
1. Contractor’s understanding of scope of work……………………………….…..15
2. Contractor’s approach to performing the tasks defined in the scope of work…………………………………………………………………..15
3. Capability of firm and key project personnel to handle the project in terms of workload, experience, and efficient staff utilization……....25
4. Meaningful experience providing document conversion and scanning services, including demonstrating successful completion of similar scanning services……………………………………………………………….....25
5. Cost………….………………………………………………………………………20
Total 100
Recommendation to City Council for Contract Award
Interviews of the highest qualified bidders, as determined by the City may be required. The successful contractor will be selected by the City Council based upon the qualifications criteria set forth above and the City’s sole discretion. The Council is under no obligation to contract with any applicant.
3. Introduction/Background: The City currently keeps paper copies of various City records, such as building permits, construction plans, planning permits, and large maps. The City currently struggles with the lack of physical storage space needed for the preservation and organization of these paper documents, which are required to be archived and readily accessible to City staff and the public for a specified period of time. Document sizes include, but are not limited to, 8 ½” x 11”, 8 ½” x 14”, 11 x 17”, 18” x 24”, 24” x 36”, 30” x 42”, 36” x 48”, and other odd-sizes.
Documents may be printed or handwritten text, both single/double-sided, folded, stapled, wrinkled, and faded. The City currently uses Laserfiche, Version
10.3.0.457 as its records database/repository.
4. Objective(s)/Work Products: The City intends to improve the accessibility of records utilized by staff for ease of access during the normal course of business, including the fulfillment of Public Records Act requests. By increasing the number of high-quality and fully-searchable digital images of documents in the City’s records database/repository, staff will increase productivity and efficiency for the agency and public benefit. Records vary in size, format, and paper, including, but not limited to, reports, forms, photographs, drawings, diagrams, charts, graphs, blueprints, maps, and plans. Services will be provided by Contractor on an as-needed and ongoing basis.
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
Additionally, there are two large scanning projects for the Planning and Building Services Department and the Public Works Department. These projects include a high volume of documents ready to be scanned:
Project A - Public Works: Construction Plans; approximately 5,000 files; average of 10 pages/plan set; scanned at file-level (one electronic file per paper file); and indexed per Project Name, Specifications No.: XX/XX-XX, and Date Completed: MM/DD/YYY.
Project B - Planning and Building Services: Building Permits, Planning Files, and Blueprints; approximately 68 boxes of records with an average of 15 files per Blueprint box, 60 files per Building Permit box, and 24 files per Planning box; scanned at file-level (one electronic file per paper file); and indexed by Address, Street Name, APN, and Case Number/Permit Number.
5. Work Statement: Contractor must be capable of providing the following services:
1) Coordinate with staff to pick-up documents from City Hall, 16600 Civic Center Drive, Bellflower, CA 90706 and performing all scanning services off-site.
2) Store all documents taken off-site in a safe and secure location in an environmentally controlled setting, in which weather, fire, or other potential risks will be avoided.
3) Prepare the documents for scanning; including disassembling (un-stapling), scanning, and reassembling (re-stapling) all documents in the manner and order in which they were received.
4) Scan all documents on a one-to-one scale in color, grayscale, or black and white, depending on the need, with a resolution of 300 dpi in a TIFF format compatible with Laserfiche, Version 10.3.0.457.
5) Create a searchable database and provide receivables via USB or CD/DVD using Laserfiche, Version 10.3.0.457, as the platform.
6) Index all scanned files using the City’s standardized nomenclature, as provided by staff.
7) OCR (Optical Character Recognition) all scanned files.
8) Ensure next working day delivery of any document(s) that is out for scanning services and requested by City staff.
9) Quality control of all scanned images to ensure quality and accuracy.
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
10) Deliver the USB or CD/DVD and hardcopy files to back to City Hall upon completion of each scan order.
11) Include an estimated cost of Additional Projects (as described in No. 4 above) and a fee schedule for scanning of newly created records (as needed, ongoing services).
12) Re-scan all necessary documents at no additional cost in the event of unsatisfactory work or errors.
13) Provide labor, equipment, tools, fuel, materials, insurance, bonds, supervision, and all other items needed to deliver exceptional document conversion and scanning services, acceptable to the City’s standards.
6. Required Qualifications: Digital scans must be compatible with Laserfiche Version 10.3.0.457 for purposes of importing data into the City’s existing records database/repository. Scanned images must be indexed per the City’s standard nomenclature, high-quality, quality checked, and OCR’d for full search capability.
7. Time Schedule:
The initial term of this Agreement will be for a two-year period, ending December 31, 2024, with three one-year extensions at the City’s option.
Additional Projects. Additional scanning projects for the Public Works Department and Planning and Building Services Department, as described in No. 4 Objective(s)/Work Products above, are a priority and must be completed as follows:
Project A - Public Works: within three months of executing the Agreement; and Project B - Planning and Building Services: within six months of executing the Agreement.
8. Response Submittal Requirements.
(a) CONTENTS OF PROPOSAL
Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation.
FORMAT
Each proposal must be submitted in two parts:
Part I must relate to the Technical Proposal
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
Part II must relate to the Cost Proposal
PART I - TECHNICAL PROPOSAL [Submit those with boxes checked below]
☒Cover Letter - Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm.
☒Table of Contents - Clearly identify material contained in the proposal by section and page number.
☒Introduction - Contents to be determined by contractor.
☒Project Analysis - Provide an explanation and interpretation of the challenges identified in this RFP.
☒Objective, Scope, Nature of Proposed Program - Describe the overall approach to the challenges, including the objective and scope of work to be performed by the contractor
☒Work Program - Describe the work or tasks to be performed.
☒Methodology - Describe the methodology and techniques to be employed.
☒Project Management - Describe the proposed management structure, organization of contracting group, and facilities available.
☒Assigned Personnel - Identify the principals having primary responsibility for implementing the proposal. Discuss their professional and academic backgrounds.
Provide a summary of similar work they have previously performed. List the amount of time, on a continuous basis, that each principal will spend on this project.
Describe the responsibilities and capacity of the technical personnel involved.
Substitution of project manager and/or lead personnel will not be permitted without prior written approval of the City.
☒Schedule - List the proposed schedule of activities including labor hours.
☒Program Monitoring - Describe the quality control procedures to be utilized during the project to ensure conformance with the scope of work.
☒City Resources - Describe any City services and staff resources needed to supplement contractor activities to achieve identified objective(s).
☒Subcontractors - If subcontractors are to be used, identify each of them in the proposal. Describe the work to be performed by them and the number of hours or -12-
City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
the percentage of time they will devote to the project. Provide a list of their assigned staff, their qualifications, relationship to project management, schedule, costs, and hourly rates.
☒Contractor Capability and References - Provide a summary of the firm's relevant background experience. Discuss the applicability of such experience to this RFP.
Include examples of projects completed for other similar agencies that are of a similar nature and a contact person for each of those clients.
☒Alternative Proposals - Provide statements of alternative proposals, if any, labeled "Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each alternative proposal submitted may be abbreviated to address just the following:
a. Work Program
b. Methodology
c. Assigned Personnel
☒Conflict of Interest - Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the bidder will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal.
PART II - COST PROPOSAL [Submit those with boxes checked below]
Name and Address: The Cost Proposal must list the name and complete address of the bidder in the upper, left-hand corner.
Cost Proposal:
☒The Cost/Price format for the proposal must be as outlined in the Exhibit B of the RFP.
☒Total cost must be clearly indicated in the Cost Proposal.
☒Costs must be itemized per the agreement for services.
☒Costs for the Additional Projects (as detailed in No. 4 Objective(s)/Work Products above) must be itemized separately from as-needed, ongoing services:
Project A: Public Works Department; and
Project B: Planning and Building Services Department.
Charges for supplies, equipment, travel, and subcontractors will be paid at cost. It is expected that general, overhead, and administrative costs are included in the -13-
City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
hourly rate for labor. Bids submitted will be held to the total cost given in the response quote. It will be assumed that all contingencies and/or anticipated escalations are included. No additional funds will be paid above and beyond the original quote given by the selected bidder.
(b) PROPOSAL SUBMISSION
All proposals must be submitted according to specifications set forth in Section 8 (a) - Contents of Proposal and this section. Failure to adhere to these specifications may be cause for rejection of proposal.
I. Signature. An authorized representative of the bidder MUST sign all proposals.
II. Due Date. The proposer must submit THREE (3) complete copies of the proposal in a sealed envelope, plainly marked in the upper, left-hand corner with the name and address of the bidder and the words "Request for Proposals No. CC-2022-01 – Document Conversion and Scanning Services."
Late bids/proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date.
III. Addenda. City may modify the proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period.
IV. Rejection. A proposal may be deemed nonresponsive and may be immediately rejected if:
- It is received at any time after the exact date and time set for receipt of proposals and/or;
- It is not prepared in the format prescribed and/or;
- It is signed by an individual not authorized to represent the firm.
V. Disposition of Proposals. The City reserves the right to reject any or all proposals. All responses become the property of the City. One copy of the proposal must be retained for City files. Additional copies and materials will be returned only if requested and at the bidder's expense.
VI. Proposal Changes. Once submitted, proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the City. All proposals constitute an offer to the City and may not be withdrawn for a period of sixty (60) days after the last day to accept proposals.
Proposals will be evaluated on the following criteria:
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
1. Contractor’s understanding of scope of work.
2. Contractor’s approach to performing the tasks defined in the scope of work.
3. Capability of firm and key project personnel to handle the project in terms of workload, experience, and efficient staff utilization
4. Meaningful experience providing document conversion and scanning services, including demonstrating successful completion of similar scanning services.
5. Cost.
During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break, for clarification purposes only. No new material will be permitted at this time.
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
EXHIBIT A
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Professional liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of the most recent ISO-CGL Form Number. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Professional liability coverage must be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” the Consultant must continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance must have the same coverage and limits as the policy that was in effect during the term of this Agreement, and cover the Consultant for all claims made by the City arising out of any errors or omissions of the Consultant, or its officers, employees or agents during the time this Agreement was in effect.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage.
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
Exhibit A: Insurance Requirements – Continued
The Consultant will require its insurer to modify such certificates 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.
By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s consultant. Failure to provide this form may render the bidder’s proposal “nonresponsive.”
______________ __________________________
Date Bidder
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
EXHIBIT B
COST PROPOSAL
Name of Bidder:___________________________
AS-NEEDED, ONGOING SCANNING SERVICES (MONTHLY)
Item No. Description Estimated Qty. Unit Price Total Amount
1. Document preparation up to legal size 1 $ $
2. Black & white document scanning services
up to legal size 500 pages $ $
3. Color document scanning services up to
legal size 500 pages $ $
4. Document preparation up to ANSI E size 40 blueprint/ map sets $ $
5. Black & white document scanning services
up to ANSI E size 200 pages $ $
6. Color Document Scanning Services up to
ANSI E size 200 pages $ $
7. Indexing of documents 1 $ $
8. Archival USB drive or CD/DVD 1 $ $
9. Pick-up / Delivery (per trip) 1 $ $
PROJECT A: PUBLIC WORKS (COMPLETION IN 3 MONTHS)
Item No. Description Estimated Qty. Unit Price Total Amount
1. Document preparation up to legal size 0 $ $
2. Black & white document scanning services
up to legal size 0 $ $
3. Color document scanning services up to
legal size 0 $ $
4. Document preparation up to ANSI E size 3 $ $
5. Black & white document scanning services
up to ANSI E size 25,000 $ $
6. Color Document Scanning Services up to
ANSI E size 25,000 $ $
7. Indexing of documents 3 $ $
8. Archival USB drive or CD/DVD 3 $ $
9. Pick-up / Delivery (per trip) 4
PROJECT B: PLANNING AND BUILDING SERVICES (COMPLETION IN 6 MONTHS) Item No. Description Estimated Qty. Unit Price Total Amount
1. Document preparation up to legal size 6 $ $
2. Black & white document scanning services
up to legal size 120,000 $ $
3. Color document scanning services up to
legal size 50,000 $ $
4. Document preparation up to ANSI E size 6 $ $
5. Black & white document scanning services
up to ANSI E size 20,000 $ $
6. Color Document Scanning Services up to
ANSI E size 20,000 $ $
7. Indexing of documents 6 $$
8. Archival USB drive or CD/DVD 6 $$
9. Pick-up / Delivery (per trip) 7$$
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City of Bellflower
RFP No. CC-2022-01
Document Conversion and Scanning Services
EXHIBIT C
SAMPLE CONTRACT
[BEGINS ON NEXT PAGE]
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AGREEMENT FILE NO. XXX
SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
[CONTRACTOR’S NAME]
FOR [INSERT TYPE OF SERVICES]
DATE:
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of Bellflower. Only those items checked-off are MANDATORY, however if your standard policies exceed the minimum requirements please include.
Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
☐ Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence. ☐ Auto Liability, including owned, non-owned and hired vehicles with at least:
☐ $1,000,000 combined limit.
☐ $100,000 - 300,000 per occurrence.
☐ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
☐ Workers’ Compensation Insurance: as required by State Statute. (Not needed if Self- employed with no employees and CONTRACTOR signs statement to this effect.)
☐ Business License: The CONTRACTOR shall agree to have a current City of Bellflower license on file at City Hall or purchase said license (at no cost to the City).
☐ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning Department, if appropriate. Call the Building & Safety Division at (562) 804-1424, ext. 2006 if you have questions.
☐ Copy of valid picture I.D. (Driver’s license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED
AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY PURCHASE ORDER AND COMMENCEMENT OF THE SERVICES.
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City of Bellflower
Agreement File No. XXX
[Contractor’s Name]
Submitted by (complete all blanks):
CONTRACTOR CITY CONTACT
Name, Title: Name, Title:
Company Name: City of Bellflower
Street Address: 16600 Civic Center Drive
Bellflower, CA 90706
Phone: Phone: (562) 804-1424
Fax: Fax: (562) 925-8660
Email: Email:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER CONTRACTOR
_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Name, Title
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A - Terms and Conditions
Exhibit B – Term, Fee Schedule, and Scope of Services
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CITY OF BELLFLOWER
AGREEMENT FILE NO. XXX
EXHIBIT A – TERMS AND CONDITIONS
1. GENERALLY. The materials, supplies, or services (collectively, “Purchase”) covered by this purchase order (“order”) must be furnished by Seller subject to all the terms and conditions contained in this order which Seller, in accepting this order, agrees to be bound by and comply with in all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance or shipment of all or any portion of the Purchase covered by this order constitutes unqualified acceptance of all terms and conditions in this order. The terms of any proposal referred to in this order are included and made a part of the order only to the extent it specified the Purchase ordered, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this order.
2. INSPECTION. The Purchase furnished must be exactly as specified in this order, free from all defects in Seller’s performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places. If, before final acceptance, any Purchase is found to be incomplete, or not as specified, City may reject it, require Seller to correct it without charge, or require delivery of such Purchase at a reduction in price that is equitable under the circumstances. If seller is unable or refuses to correct such items within a time deemed reasonable by City, City may terminate the order in whole or in part.
Seller bears all risks as to rejected Purchases and, in addition to any costs for which Seller may become liable to City under other provisions of this order, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted Purchases. Notwithstanding City’s acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud.
3. CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equitable adjustment in the price or delivery or both must be made. No change by Seller is allowed without City’s written approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.
4. TERMINATION. City may terminate this order at any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.
5. TIME EXTENSION. City may extend the time for completion if, in City’s sole determination, Seller was delayed because of causes beyond Seller’s control and without Seller’s fault or negligence. In the event delay was caused by City, Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.
6. REMEDIES CUMULATIVE. City’s rights and remedies under this order are not exclusive and are in addition to any rights and remedies provided by law.
7. TITLE. Title to materials and supplies purchased under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.
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City of Bellflower
Agreement File No. XXX
Exhibit A – Terms and Conditions
8. PAYMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order. Drafts will not be honored.
9. INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance, except for such loss or damage arising from City’s sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will survive termination of this order. The requirements as to the types and limits of insurance coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, to the provisions concerning indemnification.
10. WARRANTY. Seller agrees that the Purchase is covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order.
Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.
11. ASSIGNMENT. City may assign this order. Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.
12. INSURANCE. Seller must provide the insurance indicated on the face sheet of this order.
13. PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order.
14. INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have control of all work and the manner in which is it performed.
Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means that Seller will follow the direction of the City as to end results of the work only.
15. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character.
16. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
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CITY OF BELLFLOWER
AGREEMENT FILE NO. XXX
EXHIBIT B – TERM, FEE SCHEDULE, AND SCOPE OF SERVICES
Term: [Insert term]
Total Compensation: [Insert total compensation for the length of the term]
[Attached Fee Schedule and Scope of Services OR insert them below]
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14-G
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 22-64 – A Resolution approving the transfer of an oil pipeline franchise (Agreement File No. 137.1) from Paramount Pipeline, LLC to Air Products and Chemicals, Inc.
DATE: November 14, 2022
EXECUTIVE SUMMARY
This action would approve the transfer of Franchise Agreement File No. 137.1 (AFN 137.1) from Paramount Pipeline, LLC (Paramount Pipeline) to Air Products and Chemicals, Inc. (Air Products).
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 22-64; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The franchise fee payment under AFN. 137.1 was $13,003 for year 2021, based on the rates for a nonpublic utility oil pipeline. The franchise fee payment for year 2022 will be due by March 1, 2023. There are no fees associated with the transfer of the oil pipeline franchise.
BACKGROUND
AFN 137.1, a nonpublic utility oil pipeline franchise with Paramount Pipeline, is in effect through November 28, 2024. The term of the franchise can be renewed for up to three additional 5-year terms (through November 29, 2034).
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Staff Report – Transfer of Oil Pipeline Franchise
November 14, 2022
BACKGROUND – Continued
On April 6, 2022, Paramount Pipeline and Air Products entered into a Pipeline Purchase and Sale Agreement to purchase the pipeline assets in the City covered under AFN 137.1.
On May 6, 2022, Air Products provided the City with a Notice of Sale of Assets and requested the transfer of the oil pipeline franchise from Paramount Pipeline to Air Products. In accordance with Section 15 of the franchise agreement, the City may consent to the transfer based on a review of the transferee’s financial statements and the transferee’s written acceptance of the franchise agreement’s terms and conditions.
On August 10, 2022, Air Products provided its financial statements, including balance sheets and pro forma statements, in order for Public Works and Finance staff to make a fiscal determination and recommendation to the City Council.
The City has reviewed Air Product’s financial statements and determined that the company has the adequate financial strength to assume the responsibilities established in AFN 137.1. Staff recommends the City Council adopt the attached Resolution approving the transfer of the franchise agreement, with a condition that Air Products provide written confirmation that it will assume and adhere to all terms and conditions of AFN 137.1 and provide a copy of the Purchase and Sale Agreement.
ATTACHMENTS
Resolution No. 22-64....................................................................................................... 3 Notice of Sale of Assets and Request for Transfer ......................................................... 5
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CITY OF BELLFLOWER
RESOLUTION NO. 22-64
A RESOLUTION APPROVING THE TRANSFER OF AN OIL
PIPELINE FRANCHISE (AGREEMENT FILE NO. 137.1) FROM
PARAMOUNT PIPELINE, LLC TO AIR PRODUCTS AND
CHEMICALS, INC.
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. The City Council adopted Agreement File No. 137.1 (AFN 137.1) on November 29, 2004, granting a nonpublic utility oil pipeline franchise to Paramount Petroleum Corporation;
B. On March 16, 2018, Paramount Petroleum Corporation (Paramount Petroleum) and Paramount Pipeline, LLC (Paramount Pipeline) entered into a Pipeline/Tank Farm Asset Purchase and Sale Agreement to purchase the pipeline assets in the City of Bellflower (City) covered under AFN 137.1;
C. On April 8, 2019, the City of Bellflower (City) adopted Resolution No. 19-22 to approve the transfer of AFN 137.1 from Paramount Petroleum to Paramount Pipeline;
D. On April 6, 2022, Paramount Pipeline and Air Products and Chemicals, Inc. (Air Products) entered into a Pipeline Purchase and Sale Agreement to purchase the pipeline assets in the City covered under AFN 137.1;
E. On May 6, 2022 the City received a Notice of Sale of Assets from Air Products requesting a transfer of AFN 137.1 from Paramount Pipeline to Air Products;
F. In order to assume the oil pipeline franchise, Air Products must possess adequate financial responsibility and provide written acceptance to all terms and conditions under AFN 137.1;
G. The City reviewed Air Product’s financial statements and determined it has the adequate financial strength to assume the responsibilities established in AFN 137.1;
H. A letter of assumption and adherence to all terms and conditions of AFN 137.1 (the “Letter”) will be required from Air Products in order to complete the transfer.
SECTION 2. The City Council approves the transfer of AFN 137 from Paramount Pipeline to Air Products, conditioned on the following items being completed within 10 calendar days from the adoption of this Resolution:
1) the Letter being properly signed on behalf of Air Products; and
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City of Bellflower
Resolution No. 22-64
2) Air Products providing the City a copy of the duly executed instrument of the transfer.
SECTION 3. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 4. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 5. To the extent that any other resolution pertaining to the transfer of AFN 137.1 is incorporated into this Resolution, it is superseded in its entirety.
SECTION 6. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 14TH DAY OF NOVEMBER 2022.
________________________________
Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
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Air Products and Chemicals, Inc.
16945 Northchase Drive, Suite 800
Houston, Texas 77060
Telephone (281) 874-7120
FEDERAL EXPRESS
May 6, 2022
City of Bellflower
Attn: Jeffrey L. Stewart, City Manager
16600 Civic Center Drive
Bellflower, CA 90706
Subject: Notice of Sale of Assets – Agreement File No. 137.1
Paramount Pipeline, LLC (“Paramount Pipeline”) is the Franchisee under the certain Agreement for Oil Pipeline Franchise issued by the City of Bellflower (the “City”) and known as Agreement File No. 137.1 (the “Franchise”). On April 6, 2022, Paramount Pipeline entered into a Pipeline Purchase and Sale Agreement with Air Products and Chemicals, Inc. (Air Products) to purchase, among other things, the pipeline assets in the City covered under the Franchise (the “Pipeline Assets.”)
Please accept this as written notice that effective as of April 6, 2022, Paramount Pipeline and Air Products have finalized the above referenced transaction, which included, the transfer of the Pipeline Assets as evidenced by the enclosed Bill of Sale & Assignment. As required by Section 15 of the Franchise, Paramount Pipeline and Air Products respectfully request that the City consent to the assignment of the Franchise to Air Products.
Air Product’s right of way consultant for this project, Paragon Partners Consultants, Inc. (Paragon), will be contacting you to provide the City with any additional information you or your staff may require to provide consent to the assignment. If you have any questions or require additional information at this time, please contact Michael Boss at Paragon. Mr. Boss can be reached by telephone at (714) 379-3376 ext. 106 or by email at [email protected].
Thank you for your time and consideration.
Sincerely,
Michael Boss
Right of Way Consultant
Enclosure: Bill of Sale and Assignment
cc: Len Goreki (Director of Public Works)
Bernardo Iniguez (Public Works Manager)
Paramount Pipeline
Rick Thibodeaux (Air Products)
Tomi Riley (Air Products)
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Jerry Stock, City Engineer
SUBJECT: Consideration and possible action to authorize the Director of Public Works, or designee, to install red curb parking restrictions at 17220 – 17228 Downey Avenue (C.E. #22-15).
DATE: November 14, 2022
EXECUTIVE SUMMARY
On October 18, 2022, the Public Safety Commission considered and subsequently recommended to the City Council the installation of red curb parking restrictions pursuant to Bellflower Municipal Code (“BMC”) Chapter 10.04. This action would approve and authorize the installation of red curb parking restrictions fronting 17220 – 17228 Downey Avenue.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the Director of Public Works, or designee, to install red curb parking restrictions at 17220 - 17228 Downey Avenue; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The estimated cost to install the red curb parking restrictions is $200.00. The required funds are contained within the current fiscal year budget.
DISCUSSION
The City recently received a request from City staff to install red curb parking restrictions at 17220 – 17228 Downey Avenue. In response to this request, the City is proposing to install three (3) sections of red curb parking restrictions for a total of approximately two-hundred and eighty feet (280’). The proposed changes are illustrated on the attached aerial photograph.
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Staff Report – Installation of Red Curb Parking Restrictions at 17220 – 17228 Downey Avenue
November 14, 2022
DISCUSSION – Continued
On October 4, 2022, the City provided notice to area residents of this request and that this matter would be brought before the Public Safety Commission at its October 18, 2022, meeting. To date, the City has received no response to the notifications.
There is not sufficient roadway width to provide both a travel lane for vehicles and a parking lane. Hence to ensure a safe and standard travel lane width, the restriction of on-street parking is recommended.
ATTACHMENTS
Aerial Photo ..................................................................................................................... 3 Street View Photo ........................................................................................................... 4 Notification Letter to Residents ....................................................................................... 5
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Scale: 1 in = 60 ft
Printed 10/4/2022
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Jerry Stock, City Engineer
SUBJECT: Consideration and possible action to authorize the Director of Public Works, or designee, to install red curb parking restrictions at four (4) Bus Stop Locations (C.E. #22-16).
DATE: November 14, 2022
EXECUTIVE SUMMARY
On October 18, 2022, the Public Safety Commission considered and subsequently recommended to the City Council the installation of red curb parking restrictions pursuant to Bellflower Municipal Code (“BMC”) Chapter 10.04. This action would approve and authorize the installation of red curb parking restrictions at the four bus stop locations.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the Director of Public Works, or designee, to install red curb parking restrictions at four (4) bus stop locations; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The estimated cost to install the red curb parking restrictions is $400.00. The required funds are contained within the current fiscal year budget.
DISCUSSION
The City recently received a request from Long Beach Transit to install and modify red curb parking restrictions at four (4) bus stop locations. The basis of their request is to improve access and clearance for their buses at each of these bus stops. Their request was:
• Clark & Park (NW corner) add 30 feet of red curb to existing red curb to extend the bus stop northerly.
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Staff Report – Installation of Red Curb Parking Restrictions at Four (4) Bus Stop Locations
November 14, 2022
DISCUSSION – Continued
• Clark & Cedar (NW corner) install 40 feet of red curb at the existing bus stop location.
• Alondra & Eucalyptus (SW corner) add 20 feet of red curb to extend the bus stop westerly.
• Artesia & Canehill add 20 feet of red curb to extend the existing bus stop easterly.
In response to this request, the City Engineer conducted a site visit at each bus stop location and recommends installing the red curb parking restrictions in order to improve the ingress/egress needs of Long Beach Transit buses. The proposed red curb parking restrictions are illustrated on the attached aerial photographs. It is noted that at the Artesia Boulevard at Canehill Avenue location, the Public Safety Commission approved 10’ of red curb earlier this year as that is what Long Beach Transit said would suffice at that time. However, since that time they have determined an additional 20’ is needed to ensure safe ingress and egress.
On October 4, 2022, the City Engineer provided notice to area residents of this request and that this matter would be brought before the Public Safety Commission at its October 18, 2022, meeting. To date the City has received no response to the notifications.
ATTACHMENTS
Aerial Photo ..................................................................................................................... 3 Street View Photo ........................................................................................................... 7 Notification Letter to Residents ..................................................................................... 11
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Scale: 1 in = 40 ft
Printed 10/4/2022
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Scale: 1 in = 40 ft
Printed 10/4/2022
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Scale: 1 in = 50 ft
Printed 10/4/2022
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Scale: 1 in = 30 ft
Printed 10/4/2022
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Philip Wang, Assistant City Engineer
SUBJECT: Consideration and possible action to award a contract to Sequel Contractors, Inc., for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limits, HSIPL-5348 (032) (Specifications No. 18/19-07); and authorize the
City Manager to execute a contract with Sequel Contractors Inc., in a form approved by the City Attorney.
DATE: November 14, 2022
EXECUTIVE SUMMARY
This action would award a contract to Sequel Contractors Inc. (Sequel), to perform the work described in the Specification documents for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limits (the Project).
RECOMMENDATION TO CITY COUNCIL
1) Award a contract to Sequel for the Project and authorize the City Manager to execute a contract with Sequel, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Sequel Contractors Inc. submitted the lowest responsive bid in the amount of $1,717,236.80. The Engineer’s estimated cost plus contingency to perform the work was $1,356,000.00. Sufficient funds are available in Account No. 030-47050-9000 (Highway Safety Improvement Plans and Federal Earmark Exchange Funds) and Account No. 135-47050-9000 (Prop C Street Improvement Funds).
DISCUSSION
This project is part of the Local Highway Safety Improvement Program (HSIP) Cycle 9 grant. The City of Bellflower was awarded a grant under benefit cost ratio as part of the HSIP call for projects. The project location is Belfllower Boulevard from Artesia Boulevard to the South City Limit (just south of Rose Street). Utilizing Federal Earmark Exchange funds from Metro and local Proposition C funds, this project includes a raised median island, high visibility crosswalks, bulb-outs, resurfacing, landscaping, irrigation, and ADA upgrades.
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Staff Report – Award of Contract – Spec. No. 18/19-07
November 14, 2022
DISCUSSION – Continued
On August 8, 2022, the City Council adopted Resolution No. 22-44 authorizing solicitation of bids. The City advertised Specifications No. 18/19-07 for bids in accordance with BMC Section 3.28.090. Three bids were submitted at the formal bid opening on September 29, 2022. The names of those bidders and their bid amounts are listed below:
BIDDER BID PRICE
Sequel Contractors, Inc. $1,717,236.80
Hardy & Harper, Inc. $1,815,000.00
All American Asphalt $2,105,125.40
BID ANALYSIS
Sequel submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations. Sequel is qualified to perform the work described and has fulfilled the requirements set forth in the Specifications documents. Staff concludes Sequel is the lowest responsive and responsible bidder.
SPECIFICATIONS
The specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Purchase and, subsequently, as official records, will be maintained by the City Clerk’s Office.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15301 (Class 1 - Existing Facilities). -2-
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Philip Wang, Assistant City Engineer
SUBJECT: Consideration and possible action to award a contract to Sequel Contractors, Inc., for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limits, HSIPL-5348 (032) (Specifications No. 18/19-07); and authorize the
City Manager to execute a contract with Sequel Contractors Inc., in a form approved by the City Attorney.
DATE: November 14, 2022
EXECUTIVE SUMMARY
This action would award a contract to Sequel Contractors Inc. (Sequel), to perform the work described in the Specification documents for the Bellflower Boulevard Complete Streets Project from Artesia Boulevard to South City Limits (the Project).
RECOMMENDATION TO CITY COUNCIL
1) Award a contract to Sequel for the Project and authorize the City Manager to execute a contract with Sequel, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Sequel Contractors Inc. submitted the lowest responsive bid in the amount of $1,717,236.80. The Engineer’s estimated cost plus contingency to perform the work was $1,356,000.00. Sufficient funds are available in Account No. 030-47050-9000 (Highway Safety Improvement Plans and Federal Earmark Exchange Funds) and Account No. 135-47050-9000 (Prop C Street Improvement Funds).
DISCUSSION
This project is part of the Local Highway Safety Improvement Program (HSIP) Cycle 9 grant. The City of Bellflower was awarded a grant under benefit cost ratio as part of the HSIP call for projects. The project location is Belfllower Boulevard from Artesia Boulevard to the South City Limit (just south of Rose Street). Utilizing Federal Earmark Exchange funds from Metro and local Proposition C funds, this project includes a raised median island, bike lanes, high visibility crosswalks, bulb-outs, resurfacing, landscaping, irrigation, and ADA upgrades.
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SUPPLEMENTAL MATERIAL
Staff Report – Award of Contract – Spec. No. 18/19-07
November 14, 2022
DISCUSSION – Continued
On August 8, 2022, the City Council adopted Resolution No. 22-44 authorizing solicitation of bids. The City advertised Specifications No. 18/19-07 for bids in accordance with BMC Section 3.28.090. Three bids were submitted at the formal bid opening on September 29, 2022. The names of those bidders and their bid amounts are listed below:
BIDDER BID PRICE
Sequel Contractors, Inc. $1,717,236.80
Hardy & Harper, Inc. $1,815,000.00
All American Asphalt $2,105,125.40
BID ANALYSIS
Sequel submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations. Sequel is qualified to perform the work described and has fulfilled the requirements set forth in the Specifications documents. Staff concludes Sequel is the lowest responsive and responsible bidder.
SPECIFICATIONS
The specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Purchase and, subsequently, as official records, will be maintained by the City Clerk’s Office.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15301 (Class 1 - Existing Facilities).
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to award a contract to Select Electric, Inc., for the Bellflower Gateway Sign (Specifications No. 22/23-06); and authorize the City Manager to execute a contract with Select Electric, Inc., in a form approved by the City Attorney.
DATE: November 14, 2022
EXECUTIVE SUMMARY
This action would award a contract to Select Electric, Inc. (Select Electric), to perform the work described in the Plans and Specification documents for the Bellflower Gateway Sign (the Project).
RECOMMENDATION TO CITY COUNCIL
1) Award a contract to Select Electric for the Project and authorize the City Manager to execute a contract with Select Electric, in a form approved by the City Attorney; and
2) Establish a budget of $500,000 in Account No. 020-47312-9000 (Public Arts Fund) and authorize a loan of approximately $200,000 from the General Fund; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Select Electric submitted the lowest responsive bid in the amount of $491,150. The Engineer’s estimated cost plus contingency to perform the work was $494,000.
Currently, $300,000 is available in Fund 020 (Public Arts Fund). As a result, the General Fund will loan the balance of the project cost to the Public Arts Fund. The loan will be repaid over the course of the next several years as Public Art funds are collected.
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Staff Report – Award of Contract – Spec. No. 22/23-06
November 14, 2022
DISCUSSION
The project consists of the installation of a gateway sign on City property located at the southwest corner of Alondra Boulevard and Bellflower Boulevard.
On September 12, 2022, the City Council adopted Resolution No. 22-53 authorizing solicitation of bids. The City advertised Specifications No. 22/23-06 for bids in accordance with BMC Section 3.28.090. The only bid received was from Select Electric.
BID ANALYSIS
Select Electric submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations.
Select Electric is qualified to perform the work described and has fulfilled the requirements set forth in the Specification documents. Staff concludes Select Electric is the lowest responsive and responsible bidder.
SPECIFICATIONS
The Plans and Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 3 – New Construction or Conversion of Small Structures).
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to waive a minor irregularity and award a contract to JR Universal Construction, Inc. for the Public Works Yard Office Renovation (Specifications No. 22/23-02); and authorize the City Manager to execute a contract with JR Universal Construction, Inc., in a form approved by the City Attorney.
DATE: November 14, 2022
EXECUTIVE SUMMARY
This action would award a contract to JR Universal Construction, Inc. (JR Universal), to perform the work described in the Plans and Specification documents for the Public Works Yard Office Renovation (the Project).
RECOMMENDATION TO CITY COUNCIL
1) Waive a minor irregularity as to JR Universal’s listed price for Bid Item No.1 and award a contract to JR Universal for the Project and authorize the City Manager to execute a contract with JR Universal, in a form approved by the City Attorney; and
2) Authorize a budget amendment to establish $200,000 project funding in Account No. 022-47260-9000 (Public Facilities Fund) and reduce the funding in Account No. 013-47260-9000 by $200,000 (DOT Highway Relinquishment Fund); or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
JR Universal submitted the lowest responsive bid in the amount of $2,007,711. The Engineer’s estimated cost plus contingency to perform the work was $1,700,000.
Sufficient funds are available in Account Nos. 013-47260-9000 (DOT Highway Relinquishment Fund), 011-47260-9000 (General Capital Projects Fund), and 022- 47260-9000 (Public Facilities Fund).
DISCUSSION
In 2002, the City purchased a modular office unit to serve as the offices for Public Works management staff. Since that time, Public Works has added administrative staff while office space has remained the same. As part of our ongoing efforts to improve the management and delivery of City services, on January 14, 2016, the City entered into an agreement with architect Pretty Smart to prepare the plans and specifications for the construction of offices at the Maintenance Yard.
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Staff Report – Award of Contract – Spec. No. 22/23-02
November 14, 2022
DISCUSSION – Continued
On July 11, 2022, the City Council adopted Resolution No. 22-38 authorizing solicitation of bids. The City advertised Specifications No. 22/23-02 for bids in accordance with BMC Section 3.28.090. Five bids were submitted at the formal bid opening on October 20, 2022. The names of those bidders and their bid amounts are listed below:
BIDDER BID PRICE
JR Universal Construction, Inc. $2,007,711
AP Construction Group, Inc. $2,070,000
Acro Constructors $2,137,380
MCEC, Inc. $2,330,000
MLC Constructors, Inc. $2,343,756
BID ANALYSIS
JR Universal submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations.
JR Universal is qualified to perform the work described and has fulfilled the requirements set forth in the Specification documents. Following staff’s calculations of the individual bid items, it was discovered that JR Universal’s bid contained a minor irregularity since their total bid price did not add up to their total written price on their bid. On October 20, 2022, JR Universal confirmed that it had made a mathematical error on the price for Bid Item No. 1, but that its overall total bid price was still accurate.
JR Universal’s listed amount for Bid Item No. 1 was $396,575.43, but the correct amount should have been $386,674.98. Public Works staff recommends that the City Council waive this mathematical error as a minor bid irregularity since it does not impact the total bid price. Staff concludes JR Universal is the lowest responsive and responsible bidder and recommends that the City Council award a contract to JR Universal.
SPECIFICATIONS
The Plans and Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities). -2-
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works
SUBJECT: Consideration and possible action to find California Professional Engineering to be a non-responsive bidder; and award a contract to Elecnor Belco Electric, Inc., for the Lakewood Boulevard Traffic Signal Improvements - Part 1: Lakewood Bouelvard (4)
Intersections and Part 2: Lakewood Bouelvard and Alondra Boulevard (Specifications No. 20/21-01); and authorize the City Manager to execute a contract with Elecnor Belco Electric, Inc. in a form approved by the City Attorney.
DATE: November 14, 2022
EXECUTIVE SUMMARY
This action would find California Professional Engineering (CPE) to be a non-responsive bidder and award a contract to Elecnor Belco Electric, Inc. (Belco), to perform the work described in the Plans and Specification documents for the Lakewood Boulevard Traffic Signal Improvements (the Project).
RECOMMENDATION TO CITY COUNCIL
1) Find CPE to be non-responsive, award a contract to Belco for the Project; and authorize the City Manager to execute a contract with Belco, in a form approved by the City Attorney; and
2) Authorize a budget amendment for Account No. 135-47148-9000 to increase the project funding by $150,000 for construction management/inspection; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Belco submitted the lowest responsive bid in the amount of $3,545,651. The Engineer’s estimated cost plus contingency to perform the work under Specifications No. 20/21-01 and for the purchase of traffic signal equipment was $3,389,450. Funds are avaiable in Account Nos. 030-47148-9000, 115-47148-9000, 125-47148-9000, and 135-47148- 9000 (Traffic Signal Improvements) in aggregate of approximately $3,560,000. A budget amendment of $150,000 is requested to provide for construction management/inspection.
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Staff Report – Award of Contract – Spec. No. 20/21-01
November 14, 2022
DISCUSSION
The Project will combine two separate traffic signal projects designated for the Lakewood Boulevard corridor.
First, there is the traffic signal project funded by a grant made available through L.A.
County Metropolitan Transportation Authority Measure M Subregional program to fund the installation of two new traffic signals on Lakewood Boulevard, one located at Cedar Street and the other located at Mayne Street. It will also include modifications to the existing traffic signals at Flower Street and Somerset Boulevard to introduce protected left turn lanes on both streets for east and westbound vehicles crossing Lakewood Boulevard.
The second project will include traffic signal and roadway improvements at the Lakewood Boulevard and Alondra Boulevard intersection. The Gateway Cities COG identified this intersection as a “Hot Spot” as part of its I-605/SR-91/I-405 Corridor Feasibility Study. The project will include an intersection upgrade to help increase roadway capacity at the intersection by introducing north, south, east and west exclusive right turn lanes. It will also increase left turn pocket vehicle storage capacity, construction of new concrete bus pads and new ADA compliant curb ramps. The existing traffic signals will also be upgraded and pavement rehabilitation will be done within the intersection as well as the east and west bound approaches on Alondra Boulevard.
On August 8, 2022, the City Council adopted Resolution No. 22-45 authorizing solicitation of bids. The City advertised Specifications No. 20/21-01 for bids in accordance with BMC Section 3.28.090. Four bids were submitted at the formal bid opening on October 25, 2022. The names of those bidders and their bid amounts are listed below:
BIDDER BID PRICE
California Professional Engineering, Inc. $3,471,520.15 Elecnor Belco Electric, Inc. $3,545,651.00
Select Electric, Inc. $3,987,893.00
Palp, Inc. dba Excel Paving Company $4,298,376.00
During review of bid packets at the bid opening, it was noted and confirmed by City staff that CPE’s bid packet did not include pages B-7 through B-9, which included pricing for several bid items. Since CPE submitted an incomplete bid package, staff was unable to calculate and verify their overall total bid price and therefore concluded CPE’s bid to be incomplete. Following the bid opening, CPE reached out to the City in an attempt to get the missing pages included; however, they were notified that their bid was non-responsive.
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Staff Report – Award of Contract – Spec. No. 20/21-01
November 14, 2022
BID ANALYSIS
Belco submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations. Belco is qualified to perform the work described and has fulfilled the requirements set forth in the Specification documents. On October 27, 2022, Belco submitted a letter of clarification to the City Engineer, as the subcontractor listing page contained an error in price listed for asphalt. This error did not change, alter or affect the project bid price submitted by Belco. Therefore, Public Works staff recommends that the City Council waive this error as a minor bid irregularity since it does not impact the total bid price. Staff concludes Belco is the lowest responsive and responsible bidder and recommends that the City Council award a contract to Belco.
SPECIFICATIONS
The Plans and Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 3 – New Construction or Conversion of Small Structures).
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14-N
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to authorize the release of a solicitation for bids per BMC § 3.28.090 for pest control services at various City facilities.
DATE: November 14, 2022
EXECUTIVE SUMMARY
The solicitation for bids would seek bids for pest control services at various City facilities. The selected service provider would provide the requested pest control services for a period of three years.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the release of a solicitation for bids for pest control services at various City facilities; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Funds for pest control services are available in the building & grounds maintenance accounts for each respective facility.
BACKGROUND
The City of Bellflower (City) wishes to seek bids from qualified service providers who can provide pest control services at various City facilities; including but not limited to, Bellflower City Hall, Simms Park, Thompson Park, Caruthers Park, Riverview Park, Constitution Park, Pirate Park, Maintenance Yard, Sheriff’s Substation, Aquatic Center, and Zinn Park. These services are essential to maintain the public facilities operating in a safe and sanitary condition. In accordance with BMC § 3.28.090, a contract would be awarded by the City Council to the lowest responsive bidder.
Public Works recommends the City Council authorize the release of a solicitation for bids for pest control services at various City facilities. -1-
BELLFLOWER CITY COUNCIL AGENDA ITEM 11-B
November 14, 2022
continuation
Small business microloan
darts corner llc
1 1
Chapter 5 – small business microloan
OFFERS LOANS FROM $5,000 - $30,000 FOR
WORKING/START-UP CAPITAL
EQUIPMENT/MACHINERY PURCHASES
INVENTORY PURCHASES AND DIRECT BUSINESS EXPENSES
INTEREST RATES OF PRIME + 2%
10 YEAR TERM
2 2
APPLICANT
DARTS CORNER LLC
OWNED AND OPERATED BY TONIA MCMILLIAN
OPENED IN JUNE 2022
17242 DOWNEY AVENUE
BELLFLOWER PLAZA (NEC OF DOWNEY AVENUE AND ARTESIA BLVD.) FORMERLY ENRIQUE’S MEXICAN RESTAURANT
APPLICANT HAS A 5 YEAR LEASE WITH OPTIONS
BAR/LOUNGE FOCUSING ON THE GAME OF DARTS
3 3
BACKGROUND
CITY COUNCIL CONSIDERATION ON OCTOBER 10, 2022
CITY COUNCIL REQUESTED APPLICANT TO CORRECT AND REFINE THE FINANCIALS FOR DARTS CORNER
APPLICANT WORKED WITH STAFF
PROVIDED UPDATED BANK STATEMENTS
PREVIOUS MONTH’S ACTUAL REVENUE
CORRECTED CASH FLOW PROJECTION SPREADSHEET
UPDATED MARKETING PLAN
4 4
LOAN TERMS
APPLICANT IS PROVIDING A PERSONAL GUARANTY AND COLLATERAL PAYMENTS BEGIN 60-DAYS AFTER FULL DISBURSEMENT OF FUNDS INTEREST RATE OF PRIME +2% AT TIME OF APPLICATION
TOTAL INTEREST RATE 7.5%
MONTHLY PAYMENTS OF $358.32
5 5
RECOMMENDATION
RE-OPEN THE PUBLIC HEARING; TAKE TESTIMONIAL AND DOCUMENTARY EVIDENCE; AND AFTER CONSIDERING THE EVIDENCE ADOPT RESOLUTION NO. 22-62; OR
ALTERNATIVELY, DISCUSS AND TAKE OTHER ACTION RELATED TO THIS ITEM 6 6
7 7
Business assistance plan
APPROVED BY CITY COUNCIL ON JULY 10, 2017
AMENDED BY CITY COUNCIL ON JULY 11, 2022
PROVIDES LOANS TO BUSINESS, RESTAURANT AND PROPERTY OWNERS
IMPROVEMENTS TO HELP ATTRACT AND RETAIN BUSINESSES
NOW ALSO MICROLOANS AND ARTISANAL MANUFACTURING RENTAL ASSISTANCE 8 8
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NAME ORGANIZATION
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