Agenda — Bellflower City Council, February 13, 2023 (part 2 of 2)

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: P.J. Mellana, Director of Parks and Recreation

SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 987, in a form approved by the City Attorney, with Special Olympics Southern California for conducting recreational swimming activities for Special Olympics programming at the Bellflower Aquatic Center.

DATE: February 13, 2023

EXECUTIVE SUMMARY

This Agreement will continue the City’s long-standing partnership with Special Olympics Southern California to offer a swimming facility for the community’s Special Olympians to train and prepare for competing in the annual Special Olympics. This partnership is one of the several programming areas in the City’s Adaptive Recreation program. The partnership includes Special Olympics Southern California providing all administration and coordination of the program, and the City providing use of its facilities at the Bellflower Aquatic Center

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager to execute Agreement File No. 987, in a form approved by the City Attorney; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

None. Programming and usage of facility is already built into programming and operating budget; no additional time would be required of staff.

14-B
1 Staff Report – Special Olympics Swim Agreement 2023
February 13, 2023

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DISCUSSION

As part of recreational programming for participants with special needs, the City of Bellflower Parks and Recreation Department has worked alongside Special Olympics Southern California for many years in providing programming support such as coaching and facility space for training. All programming was put on pause when the COVID-19 pandemic shut down many operations. As the department looks to rebuild programming for participants with special needs, staff looks to bring back Special Olympics as one of the key components to the Adaptive Recreation program area. This new agreement will provide the appropriate framework for that programming partnership between the City and Special Olympics Southern California.

ATTACHMENT

Agreement File No. 987………………………………………………………………………3

2 AGREEMENT FILE NO. 987

LICENSE AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND

SPECIAL OLYMPICS SOUTHERN CALIFORNIA

FOR A CO-SPONSORED SPECIAL OLYMPICS PROGRAM
AND FOR USE OF CITY’S AQUATIC CENTER LOCATED AT
14001 S. BELLFLOWER BOULEVARD

THIS LICENSE is entered into this 13th day of February, 2023, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and SPECIAL OLYMPICS SOUTHERN CALIFORNIA, a California non-profit corporation (“LICENSEE”).

1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses LICENSEE to use, on the terms and conditions in this License, a portion of the real property located within CITY’s property located at the Bellflower Aquatic Center located within T. Mayne Thompson Park, at 14001 S. Bellflower Boulevard., (“Property”). CITY’s action is not, and should not be construed to be, a conveyance of a property interest or a lease; it is a license to enter the property solely for conducting recreational swimming activities related to Special Olympics programming.

2. USE OF PROPERTY.

A. LICENSEE may temporarily use the pools located within the Bellflower Aquatic Center at T. Mayne Thompson Park for the purposes of conducting a swim program.

B. LICENSEE may use portions of the Bellflower Aquatic Center which the Director of Parks and Recreation deems reasonably required for the purpose of conducting the Special Olympics programming. The parties will mutually agree on the days and hours during which the program will be provided.

C. CITY may change, amend, or terminate LICENSEE’S use of the Property at any time, and in its sole discretion verbally or in writing.

3. TERM. Except as provided in Section 6, the term of this License will be from February 13, 2023 to December 31, 2028. Unless otherwise determined by written amendment between the parties.

4. TERMINATION.

A. As stated above, CITY may terminate this Agreement at any time with or without cause, upon written or verbal notification. Termination will be effective upon notification, unless CITY specifies otherwise.

B. LICENSEE may terminate this Agreement at any time in writing at least thirty (30) days before the effective termination date.

C. By executing this document, LICENSEE waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

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3 City of Bellflower
Agreement File No. 987
Special Olympics Swim Agreement 2023

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5. RECORDKEEPING. LICENSEE must keep and maintain a roster of each participant in the program and, upon request, provide the Director of Parks and Recreation with a copy of that roster and resident verification for each person included on that roster.

6. ALTERATIONS. LICENSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY’s prior written consent.

7. SIGNS. LICENSEE will not place any sign upon the property without CITY’s prior written consent. LICENSEE will pay for all costs of any approved signage and comply with all applicable sign codes and ordinances.

8. ASSIGNMENT. LICENSEE will not be permitted to assign this License or any interest therein.

9. INDEPENDENT CONTRACTOR. CITY and LICENSEE agree that LICENSEE will act as an independent contractor and will have control of all work and the manner in which is it performed. LICENSEE will be free to contract for similar service to be performed for other employers while under contract with CITY. LICENSEE 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 LICENSEE as to the details of doing the work or to exercise a measure of control over the work means that LICENSEE will follow the direction of the CITY as to end results of the work only.

10. AUDIT OF RECORDS. LICENSEE 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 to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. LICENSEE. will retain such financial and program service records for at least three (3) years after termination under this Agreement.

11. INDEMNIFICATION.

A. LICENSEE will hold CITY harmless and free from any and all 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 against it, by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, pursuant to this Agreement, LICENSEE will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

4 City of Bellflower
Agreement File No. 987
Special Olympics Swim Agreement 2023

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C. LICENSEE expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

E. The requirements as to the types and limits of insurance coverage to be maintained by LICENSEE as required by Section 12 above, 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 LICENSEE pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

12. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, LICENSEE will 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 (combined single)

Commercial general liability: $1,000,000
Workers’ compensation Statutory requirement

B. Commercial general liability insurance will meet or exceed the requirements of the most current 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 insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable except upon thirty (30) days prior written notice to CITY.

C. LICENSEE will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this Agreement 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.”

5 City of Bellflower
Agreement File No. 987
Special Olympics Swim Agreement 2023

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13. COMPLIANCE WITH LAW. LICENSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of LICENSEE in any action or proceeding against LICENSEE, whether CITY be a party thereto or not, that LICENSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LICENSEE.

14. BREACH OF AGREEMENT. The violation of any of the provisions of this License will constitute a breach of this License by LICENSEE, and in such event said License will automatically cease and terminate.

15. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this License will not constitute a waiver of any further breach of the same or other term of this License.

16. ENTRY BY CITY AND PUBLIC. This License does not convey any property interest to LICENSEE. Except for areas restricted because of safety concerns, CITY and the general public will have unrestricted access upon the Property for all lawful acts.

17. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LICENSEE, or a general assignment by the LICENSEE for the benefit of creditors, or any action taken or offered by LICENSEE under any insolvency or bankruptcy action, will constitute a breach of this License by LICENSEE, and in such event said License will automatically cease and terminate.

18. 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:

If to LICENSEE:

If to CITY:

Attention: Teresa Borunda, Senior Manager Attention: P.J. Mellana, Director of Parks and Recreation
Special Olympics Southern California City of Bellflower 1600 Forbes Way, Suite 200 16600 Civic Center Drive
Long Beach, CA 90810 Bellflower, CA 90706
562-502-1100 (562) 804-1424
[email protected] [email protected]

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.

6 City of Bellflower
Agreement File No. 987
Special Olympics Swim Agreement 2023

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19. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. 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.

20. GOVERNING LAW. This Agreement has been made 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.

21. ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole agreement between CITY and LICENSEE respecting the Property, the use of the Property by LICENSEE, and the specified License term, and correctly sets forth the obligations of CITY and LICENSEE. Any agreement or representations respecting the Property or its licensing by CITY to LICENSEE not expressly set forth in this instrument are void.

22. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.

23. AUTHORITY/MODIFICATION. The Parties represent 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, or designee, may execute any such amendment on behalf of CITY.

24. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.

[SIGNATURES ON NEXT PAGE]

7 City of Bellflower
Agreement File No. 987
Special Olympics Swim Agreement 2023

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BELLFLOWER Special Olympics Southern California

_________________________________ ________________________________ Jeffrey L. Stewart, City Manager Janet Rose, Vice President, CFO

ATTEST:

_________________________________ ________________________________ Mayra Ochiqui, City Clerk Jeff Van Fossen, Assistant Vice President, Sports & Programs

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney

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TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Travis Sais, Assistant to the City Manager

SUBJECT: Consideration and possible action to authorize the Mayfair High School History Club, in collaboration with the Bellflower Heritage Society, to complete a historical digitization project at the Carpenter House Museum, located at 10500 Flora Vista Street, Bellflower, CA 90706.

DATE: February 13, 2023

EXECUTIVE SUMMARY

Last month, the City received a letter from the Mayfair High School History Club (“History Club”) requesting permission to complete a historical digitization project, in collaboration with the Bellflower Heritage Society, of historical records at the Carpenter House Museum (“Museum”).

The Museum contains original turn-of-the century décor, pictures, newspaper articles and furnishings. The project would include scanning the historical museum documents and then uploading the scanned documents to a website designed and managed by the History Club.

Following completion of the project, the History Club is requesting the City hyperlink the newly created webpage to the City’s website. The History Club expects the project to be completed over the course of a few months in the spring of 2023. The letter request from the H istory Club is attached to the staff report for reference.

RECOMMENDATION TO CITY COUNCIL

1) If appropriate, authorize the Mayfair High School History Club , in collaboration with the Bellflower Heritage Society, to complete a historical digitization project at the Carpenter House Museum; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

None

14-C op BELLFLO ($6 WE‘Q «b stafteport
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Staff Report – Carpenter House Museum
February 13, 2023

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BACKGROUND

The Carpenter Museum is a historical building located at Caruthers Park, 10500 Flora Vista Street in Bellflower, and is owned by the City and operated by volunteer efforts of the Bellflower Heritage Society. The Museum showcased original turn-of-the century décor, pictures, newspaper articles and furnishings. The Museum was dedicated to sharing the hi story of the City of Bellflower and explores what family life looked like for the Fred B. Carpenter family in 1928.

At the end of 2022, the City was contacted by Mayfair High School History Club member, Christopher Mendoza, regarding his club’s interest in digitizing the historical records located inside the Museum. Mayor Sonny Santa Ines and staff met with Christopher to learn more about the project idea and what the club envisioned. Following discussions with Christopher and a few club representatives, the club submitted a letter requesting to complete a historical digitization project, in collaboration with the Bellflower Heritage Society, of historical records at the Carpenter House Museum. The project would include scanning the historical museum documents and then uploading those documents to a website designed and managed by the History Club. Following completion of the project, the History Club is requesting the City hyperlink the newly created webpage to the City’s website. The History Clu b expects the project to be completed over the course of a few months in the spring of 2023. The History Club noted in its letter that any materials or equipment needed would be paid for and provided by the History Club.

ATTACHMENT

Letter from the Mayfair High School History Club……..…………………………………………. 3

-2-

Letter of Request for Mayfair History Club x Bellflower Heritage Society Historical Digitization Project H EOE/V50 December 17, 2022 JAN 1 0 Bellflower City Council O’TY V 16600 Civic Center Drive, Bellflower, CA 90706 8 a: Greetings, Mayfair High School’s History Club would like to request permission for a historical digitization project in collaboration with the Bellflower Heritage Society. The Carpenter House Museum is currently managed by the Bellflower Heritage Society and contains a historical archive of the City of Bellflower. The museum has been closed to the public for several years, and we would like to make the historical documents available to the public through a digital platform. We believe that providing Bellflower residents with a better understanding of their city’s history will incite community pride and interest. The project would include scanning each of the museum documents and uploading it to a website designed by Mayfair History Club. We would take full responsibility for the construction, design, and maintenance of the site. We would then request for the site to be hyperlinked to a page of the City of Bellflower’s website. This would increase resident accessibility to the digitized museum. Mayfair History Club hopes to complete this project over the course of a few months in the spring of 2023. Any materials or equipment needed will be paid for and provided by Mayfair History Club. We are excited to undertake this project for the residents of Bellflower. Thank you for your valuable time and consideration. Sincerely, Alyssa Kline, Dana Velasquez, Nicole Malunes, Mia Verayo, Danica Belonio, Mario Rodriquez, Derek Dominguez, and Jamie Garvin Mayfair High School History Club Officers and Faculty Advisor -3-

14-D
TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Elizabeth Corpuz, Director of Planning and Building Services Jason P. Clarke, Senior Planner

SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1423 – An Ordinance approving a Zone Change (ZC 22-02) from R-1 (Low Density Residential Zone) to R-1 PD (Low Density Residential Planned Development Overlay District) on property located at 10343-10351 Mapledale Street and amending the zoning map.

DATE: February 13, 2023

EXECUTIVE SUMMARY

Ordinance No. 1423 was introduced on January 23, 2023. Accordingly, a second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days.

RECOMMENDATION TO CITY COUNCIL

1) W aive further reading and adopt Ordinance No. 1423; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

There is no identifiable cost to the City associated with approving this Project. It is anticipated that the City may benefit from increased revenues from property taxes collected for the residential units. Additionally, new residents may provide an increase in sales tax.

ATTACHMENTS

Ordinance No. 1423…………………………………………………..….……...….…………..2 January 23, 2023, Staff Report (W ithout Attachments) ………………....……………….....8

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CITY OF BELLFLOWER

ORDINANCE NO. 1423

AN ORDINANCE APPROVING A ZONE CHANGE (ZC 22-02) FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO R-1 PD (LOW DENSITY

RESIDENTIAL PLANNED DEVELOPMENT OVERLAY DISTRICT) ON
PROPERTY LOCATED AT 10343-10351 MAPLEDALE STREET AND

AMENDING THE ZONING MAP

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds and declares as follows:

A. On May 18, 2022, Samir Hijazi of Archissance (“Applicant”) filed an application for Development Review for the construction of eight, two-story, single-family dwelling units; a Tentative Map to allow the subdivision of a 41,174-square foot lot into eight lots; a Zone Change to change the zone from R -1 (Low Density Residential Zone) to R-1 PD (Low Density Residential Planned Development Overlay District); and a Site Design Review to allow f lexibility of the R-1 Zone development standards;

B. The Application was reviewed by the Director for, in part, consistency with the General Plan and conformity with the Bellflower Municipal Code (“BMC”);

C. In addition, the City reviewed the project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines (“Bellflower Guidelines”; CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as “CEQA Regulations”);

D. The Director completed review and scheduled public hearings regarding the application before the Planning Commission on December 5, 2022, and before the City Council on January 23, 2023;

E. Notices of Public Hearings before the Planning Commission and City Council were duly given and published in the time, form, and manner as required by law;

F. On December 5, 2022, the Planning Commission adopted Resolution No. PC 22-14 recommending the City Council approve DR-5-22-13065, Map No. 83812, ZC 22-02, and SDR 22-01;

G. On January 23, 2023, the City Council opened a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by the Applicant; and

H. The City Council considered the information provided by the Director, public testimony, and the Applicant. This Ordinance, and its findings were made based upon the entirety of the administrative record including without limitation, evidence presented to the City Council at its January 23, 2023, hearings. 2 City of Bellflower
Ordinance No. 1423

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SECTION 2. General Plan and Zoning. The proposed project conforms with the City’s General Plan and Title 17 (Zoning) of the BMC as follows:

A. The Land Use Designation of the project site is “L” (Low Density Residential).

Moreover, the proposed project is consistent with the following goals a nd policies of the General Plan Land Use Element:

1. General Plan Land Use Element - General Goal 2 (Create a City that functions efficiently, is aesthetically pleasing, and makes the best use of its various resources); and

2. General Plan Land Use Element - General Goal 2, Policy 2.7 (Carefully scrutinize plans for developments which will have a significant impact on the city or on surrounding developments to ensure the highest quality design).

B. The project is consistent with the following goals and policies of the General Plan Housing Element:

1. General Plan Housing Element – Goal 5, Policy 5.1 (Provide a range of housing types, including low density single-family dwelling units and moderate density townhomes in order to address the City’s share of Regional Housing Needs and Assessment (RHNA)); and

2. Policy 5.3 (Encourage infill development and reuse of underutilized land, where reuse is consistent with the desired neighborhood character).

C. The BMC zoning classification for the project site is R-1 (Low Density Residential) which allows Planned Developments.

SECTION 3. Environmental Assessment. Because of the facts identified in Section 2 of this Resolution, the proposed project is categorically exempt from additional environmental review under the California Environmental Quality Act (Pub. Res. Code §§ 21000, et. seq., “CEQA”) and CEQA Guidelines (Cal. Code Regs. Title 14, §§ 15000, et. seq.) pursuant to CEQA Guidelines §15332 — In-Fill Development Projects) because the proposed Project consists of an in-fill development that is consistent with the applicable general plan designation, general plan policies as well as with the applicable zoning designation and regulations. The Project Site is less than five acres, surrounded by urban uses and has no value as habitat for endangered, rare, or threatened species. The Project would not result in significant effects related to traffic, noise, air quality, or water qualit y and it can be adequately served by all required utilities and public services. Furthermore, it can be seen with certainty that no special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant ad verse effect on the environment.

SECTION 4. Notice of Exemption. The City Manager, or designee, is directed to file a Notice of Exemption in accordance with CEQA §15062; and any other applicable law. Use exemption language.

3 City of Bellflower
Ordinance No. 1423

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SECTION 5. Zone Change Findings. Pursuant to BMC § 17.104.030, the City Council makes the following findings:

A. There are changed conditions since the existing zoning became effective to warrant other or additional zoning.

The current zoning designation for the subject property is R-1 (Low Density Residential Zone). In order to subdivide this property into eight lots with only two lots having street frontage, BMC §17.60.030 requires the Planned Development Overlay Zone designation to be appended to the base zoning on the official zoning map. Once changed, the official zoning designation for this property will be R-1 PD (Low Density Residential Planned Development Overlay District) and will show as R-1 (PD) on the official zoning map. Lastly, the proposed Zone Change preserves the existing R-1 zone character because it is a zoning overlay to allow an individual residential style subdivision project.

B. Proposed change of zone will not adversely affect adjoining property as to value or precedent, and will not be detrimental to the area.

The proposed Zone Change will not adversely affect adjoining properties as to value or precedent and will not be detrimental to the area because it will allow for a community to be developed based on the standards of the underlying and adjacent R-1 zone properties, with the exception of flexibility to the street frontages, more concrete in the front yard and reduced landscape in the front yard for specific units/lots within the project. Furthermore, the development proposes multiple individual homes that are similar to other developments currently in the area and in the city. For these reasons, the proposed Zone Change from R1 to R-1 PD is compatible with other properties in the neighborhood and other Planned Developments in the city.

C. The change of zone will be in the interest or furtherance of public health, safety and general welfare.

The change of zone from R-1 to R-1 PD, will allow the lot to be subdivided to be sold to different homeowners and in the interest or furtherance of public health, safety and general welfare, each property has been designed to maintain elements of a single-family style dwelling unit, is adequately accessible to emergency vehicles and personnel, and is aesthetically pleasing.

Furthermore, the project creates new housing designed to be compatible with the existing zoning and the proposed project increases homeownership opportunities.

D. That the approval of such change of zone will not adversely affect the Comprehensive Zoning Plan being prepared for the City, or as adopted.

The proposed Zone Change is consistent with other developments zoned R -1 PD in the area and in the community, and with the Low-Density Residential Land Use Designation and does not increase the density of the subject property. Furthermore, as set forth in § 2 of this Resolution, the proposed Zone Change is consistent with the applicable General Plan.
4 City of Bellflower
Ordinance No. 1423

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SECTION 6. Approval. Based on the foregoing, the City Council approves Zone Change Case No. ZC 20-02 to change the zone to R1–PD (Low Density Residential Planned Development Overlay District) on property located at 10343-10351 Mapledale Street as set forth in attached Exhibit “A” Zone Change Map which is incorporated by reference.

SECTION 7. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 8. Enforceability. Repeal of any provision of the Bellflower Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 9. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the matter. The determinations constitute the independent findings and determinations of the City Counci l in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 10. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inev itable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 11. Severability. If any part of this Ordinance 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 Ordinance are severable.

SECTION 12. 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 13. Publications. The City Clerk is directed to certify the passage and adoption of this Ordinance; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

5 City of Bellflower
Ordinance No. 1423

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SECTION 14. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Bellflower’s book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 15. Effective Date. This Ordinance becomes effective on the 30th day following its passage and adoption.

ORDINANCE NO. 1423 HAD ITS FIRST READING ON JANUARY 23, 2023, ITS SECOND READING ON FEBRUARY 13, 2023, AND WAS DULY PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF FEBRUARY 13, 2023.

Sonny R. Santa Ines, Mayor

ATTEST:

________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

ATTACHMENT:

Exhibit A – Zone Change Map
6 Exhibit A – Zone Change Map
Ordinance No. 1423 for ZC 22-02

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TO:Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM:Elizabeth C. Oba, Director of Planning and Building Services Jason P. Clarke, Senior Planner
SUBJECT: Consideration and possible action to 1) conduct a public hearing to consider an application from Samir Hijazi of Archissance to approve a Development Review, a Tentative Map, a Zone Change, and a Site Design Review; 2) adopt Resolution No. 23-03 – A Resolution approving Development Review Case No. DR-5-22-13065 to allow the construction of eight, two-story, single-family residences with attached garages; Tentative Map No. 83812 to allow the subdivision of a 41,174-square foot lot into eight lots; and Site Design Review Case No. SDR 22-01 to allow flexibility of the development standards on property located at 10343-10351 Mapledale Street; 3) read by title only, waive further reading, and introduce Ordinance No. 1423 – An Ordinance approving a Zone Change (ZC 22-02) from R-1 (Low Density Residential Zone) to R-1 PD (Low Density Residential Planned Development Overlay District) on property located at 10343-10351 Mapledale Street and amending the zoning map.

DATE:January 23, 2023

EXECUTIVE SUMMARY
If approved, the Applicant would be allowed to subdivide an existing 41,174-square foot lot into eight, single-family lots and construct eight, two-story, single-family residences with attached garages on each lot. On November 5, 2022, the Planning Commission recommended approval of the Project to City Council.

RECOMMENDATION TO CITY COUNCIL
1)Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. 23-03 and read by title only, waive further reading, and introduce Ordinance No. 1423; or
2)Alternatively, discuss and take other action related to this item. 9-A
8 Staff Report – 10343-10351 Mapledale Street
January 23, 2023

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TYPE OF ACTION (LEGISLATIVE AND QUASI-JUDICIAL)
Legislative: The recommended action includes a change to the Zoning Map. In considering such actions, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases). For the zone change, the City Council must make these findings (BMC § 17.104.030):
· There are changed conditions since the existing zoning became effective to warrant other or additional zoning.
· The proposed zone change will not adversely affect adjoining property as to value or precedent, and will not be detrimental to the area.
· The proposed zone change will be in the interest or furtherance of public health, safety and general welfare.
· Approving the zone change will not adversely affect the City’s Comprehensive Zoning Plan.1
Here, adopting Ordinance No. 1423 is required before any other approval may be granted for the project, i.e., Ordinance No. 1423 must become effective in order for the tentative map, development review, or site design review to be effective. Accordingly, all other approvals – if granted by the City Council – are dependent upon Ordinance No. 1423 becoming effective.

Quasi-judicial: The City Council will act in a quasi-judicial role when considering the tentative map and Development Review/Site Design applications. When doing so, the City Council applies facts gathered during a public hearing to existing law. Just like a court, the City Council can only consider facts that are relevant to the case. A party appearing before the legislative body is entitled to
•Notice of the proposed action;
•Reasons for the action;
•A copy of the evidence on which the action is based; and •The right to respond before a reasonably impartial, noninvolved reviewer. 1 Editor’s note: this phrase is not defined within the BMC, but is likely meant to be “General Plan.” 9 Staff Report – 10343-10351 Mapledale Street
January 23, 2023

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TYPE OF ACTION (LEGISLATIVE AND QUASI-JUDICIAL) – Continued The City Council must base its decisions upon substantial evidence within the record. “Substantial evidence” generally means enough relevant information and reasonable inferences from information gathered during a public hearing that a fair argument can be made to support a conclusion, even though other conclusions might also be reached.

Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts does not constitute substantial evidence. Substantial evidence includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. If the City Council asks irrelevant questions and bases its decision-making on such questions, a court may overturn the City Council’s decision and potentially hold the City liable for violating the applicant’s constitutionally protected due process rights.

Pursuant to Government Code § 66474, a tentative map must be approved UNLESS the City Council can make specific findings for denial (see also BMC §§ 16.08.080 and

16.08.090). As set forth in the Resolution, there are no facts that would support findings for denial after Ordinance No. 1423 becomes effective. Thereafter, the project will comply with the BMC’s zoning requirements and is consistent with the General Plan.

To approve the Map, the City Council must find that the Project meets the findings outlined in BMC § 16.08.070 (Tentative Maps – Required Findings):

A. That the proposed Project is consistent with the Bellflower General Plan.

B. That the proposed Project is consistent with any applicable Planned Development.

C. That the proposed Project is consistent with the provisions of the Bellflower Municipal Code.

D. That the proposed Project is in the interest of public health and safety.

E. That the proposed Project is a necessary prerequisite to the orderly development of the surrounding area.

To approve the DR, the City Council must find that the Project meets the findings outlined in Bellflower Municipal Code (“BMC”) § 17.80.040 (Findings Required):

A. That the proposal is consistent with the Bellflower General Plan and this Code.

B. That the design of the proposal is appropriate to the City, the neighborhood, and the lot on which it is proposed; and
C. That the design of the proposal is compatible with its environment with respect to use, forms, materials, colors, setbacks, location, height, design, or similar qualities as specified in § 17.80.010.
10 Staff Report – 10343-10351 Mapledale Street
January 23, 2023

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TYPE OF ACTION (LEGISLATIVE AND QUASI-JUDICIAL) – Continued To approve the SDR, the City Council must find that the Project meets the findings outlined in BMC § 17.60.060 (Site Design Review—Findings for Approval):

A. That the proposed Project is compatible with the surrounding neighborhood and adjacent properties.

B. That the proposed Project incorporates superior site design techniques that demonstrate innovative and creative utilization of design principles.

C. That the proposed Project demonstrates superior architecture and the use of high- quality building materials, building fixtures and architectural treatments and amenities.

D. That the proposed Project has open space that is designed in a manner where the open space is functional and is grouped in a manner that maximizes the appearance and use of open space.

FISCAL IMPACT
There is no identifiable cost to the City associated with approving this Project. It is anticipated that the City may benefit from increased revenues from property taxes collected for the residential units. Additionally, new residents may provide an increase in sales tax.

PUBLIC NOTICE
A Notice of Public Hearing was published in the Los Cerritos Community News newspaper on January 13, 2023. Public hearing notices were sent on January 11, 2023 to 39 property owners within a 300’ radius of the Project area and posted at City Hall, Bellflower Substation, Thompson Park, Simms Park, and Caruthers Park. A public hearing notice was also posted on the subject site on January 12, 2023. As of the writing of this staff report, the City has not received any correspondence.

CEQA STATUS
The actions in adopting the Resolution and Ordinance are exempt from environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000,et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000,et seq.) pursuant to CEQA Guidelines § 15532, Class 32 (In-Fill Development Projects). The proposed Project consists of an in-fill development that is consistent with the applicable general plan designation, general plan policies as well as with the applicable zoning designation and regulations. The Project Site is less than five acres, surrounded by urban uses and has no value as habitat for endangered, rare, or threatened species. The Project would not result in significant effects related to traffic, noise, air quality, or water quality and it can be adequately served by all required utilities and public services. Furthermore, it can be seen with certainty that no special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on the environment. 11 Staff Report – 10343-10351 Mapledale Street
January 23, 2023

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BACKGROUND
On December 5, 2022, the Planning Commission considered the proposed Project. At that time, the Planning Commission received testimony from the Applicant and the public.

The individual from the public that spoke was a property owner in the neighborhood and expressed concerns regarding the size of the lot to accommodate eight units, fire truck or trash company access to the property, potential vehicular traffic, and impacts to the nearby schools. After closing the public hearing, the Planning Commission recommended the City Council approve the Project with modified and added conditions as follows:

19. Trash service must be provided in an appropriate manner subject to the review and approval by the Director of Planning and Building Services, and the City’s franchise trash collector (e.g., CR&R). The Developer must coordinate with the trash collector to provide onsite pick-up service only; curb side pick-up service is not permitted. Each dwelling unit must provide the following carts for their disposal need:
a. One (1) black cart for trash,
b. One (1) cart for food waste,
c. One (1) green cart for green waste, and
d. One (1) blue cart for recyclable waste.

32. Each of the subject properties are limited to future additions. No additional bedrooms may be added or converted to any of the dwelling units. All lofts, dens/office are prohibited from being converted to bedrooms. Other additions including enlarging bedrooms or other areas of the dwelling unit may be processed for a Planning approval and Construction Permit through the City’s Development Review process. In the event the proposed addition is substantially changing a dwelling unit, the Director of Planning and Building Services may require the City Council to review the Project through a public hearing. This condition must be included in the CC&R’s.

42. The Applicant must install and maintain mature landscaping throughout the subject property, as depicted on the Project’s fly-through video.

PROJECT PROPOSAL
The Applicant is proposing to subdivide an existing 41,174-square-foot lot into eight single-family lots (see Table 2.0 Lot Coverage by Percentage for total lot sizes). The developer will demolish the two existing units on the lot, regrade the site and then construct eight, two-story, single-family residences with attached garages on the subject property. Approval of a DR, Tentative Map, ZC, and SDR are required for this Project.

Site/Building Configuration and Fencing:The Applicant proposes eight, separate units ranging in size from 2,175-square feet to 2,778-square feet, along with attached two or three-car garages. The Applicant proposes to remove the existing chainlink fences along the perimeter and construct decorative 6-foot high block walls, construct 6-foot high vinyl fences between each unit, and construct a 42-inch high decorative fence/wall in the front/street side yard adjacent to Mapledale Street.
12 Staff Report – 10343-10351 Mapledale Street
January 23, 2023

Page 6 of 8 ends

BACKGROUND – Continued
Floor Plan Configuration: The proposed floor plan for each unit is as follows:
· Units 1 & 2: The first floor includes a two-car garage, kitchen, great room, dining room, and a power room. The second floor includes 2 bedrooms, upper family room, 2 bathrooms and a power room, and laundry room.
· Units 3 to 6: The first floor includes a three-car garage (including 2 tandem spaces), dining room, kitchen, bathroom, great room, and a den/office. The second floor includes 3 bedrooms, laundry room, balcony, a loft area, and 2 bathrooms. · Units 7 & 8: The first floor includes a three-car garage (including 2 tandem spaces), kitchen, dining room, great room, and powder room. The second floor includes 3 bedrooms, 2 bathrooms, a laundry room, a balcony, and a loft area. (See Table

1.0 Building Statistics below for complete details for each unit).

Driveway and Parking:Pursuant to BMC §17.24.120, the minimum required driveway width for this Project is 20 feet. The proposed 20-foot wide driveway is located in the middle of the development and flanked by four units on each side. Decorative material is proposed throughout the Project. A total of 30 parking spaces are proposed, which includes 2 attached two-car garages, 6 attached three-car garages (with two tandem spaces), and 8 visitor spaces. The visitor spaces are placed parallel to the driveway.

R-1 Development Standards: Attachment E is included, which details the Project’s compliance with the R-1 Zone, related to a typical single-family type residential development. The Applicant is requesting approval of a Site Design Review to allow flexibility on certain development standards.

Building and Site Specifics: Following are tables containing the specifics for the building and site:

Table 1.0 Building Statistics
Lot Bedrooms Bathrooms Total 1st
Floor Area
Total 2nd
Floor
Area
Habitable
Area
Garage
Area
1 2 2.5 993 1,182 2,175 430
2 2 2.5 993 1,182 2,175 430
3 3 3 1,182 1,596 2,778 683
4 3 3 1,182 1,596 2,778 683
5 3 3 1,182 1,596 2,778 683
6 3 3 1,182 1,596 2,778 683
7 3 2 980 1,519 2,499 683
8 3 2 980 1,519 2,499 683
13 Staff Report – 10343-10351 Mapledale Street
January 23, 2023

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BACKGROUND – Continued
Table 2.0 Lot Coverage by Percentage
Lot Lot Area Landscaped
Area
Percent Concrete
Area
Percent Building
Area
Lot
Coverage
1 5,351.19 2,118.56 39.60%1,611.57 30.11%1,621.06 30.29% 2 5,308.56 2,079.79 39.18%1,607.71 30.28%1,621.06 30.54% 3 5,078.75 1,456.68 28.68%1,527.07 30.07%2,095 41.25%
4 5,078.71 1,456.64 28.68%1,527.07 30.07%2,095 41.25%
5 5,078.75 1,490.05 29.34%1,493.70 29.41%2,095 41.25%
6 5,078.71 1,490.01 29.34%1,493.70 29.41%2,095 41.25%
7 5,089.15 1,491.64 29.31%1,726.05 33.92%1,871.46 36.77% 8 5,109.92 1,508.88 29.53%1,729.58 33.85%1,871.46 36.62%

PROJECT ANALYSIS
Development Review: Pursuant to BMC § 17.80.020(A)(5) (Improvements Subject to Development Review), the proposed building is subject to Development Review by the Planning Director, or designee. However, pursuant to BMC § 17.80.030(C), (Development Review Procedures for Improvements Listed in § 17.80.020 (A)), when a development review application requires other approvals by the City, such as a variance, conditional use permit, subdivision or zone change, the development review will occur concurrently with the City Council’s review of the other requests, to expedite the development process. As conditioned, the Project meets all the findings, as outlined in Resolution No. 23-03 (Attachment A).

Tentative Map: By subdividing the existing lot, it would allow each lot to be sold separately. As conditioned, the Project meets all the findings, as outlined in Resolution No. 23-03 (Attachment A).

Zone Change: Pursuant to BMC Chapter 17.60, a Zone Change is required for this Project in order to vary from the provisions of the Zoning and/or Subdivision Ordinances. Before it may adopt the Zone Change, the City Council must find that the Project complies with all the provisions of the Planned Development Overlay Zone. As conditioned, the Project meets all the findings, as outlined in Resolution No. 23-03 (Attachment A).

Site Design Review: Pursuant to BMC §17.60.010 (P-D Planned Development Overlay District – Purpose and Intent), a Planned Development, through the approval of a Site Design Review, is intended to allow for flexibility with respect to the underlying development standards. The Applicant is requesting flexibility on the following standards:

1.No street frontages for lots 3 – 8;

2.Exceed maximum allowable concrete area within front yard setback for all lots; and

3.Provide reduced landscaped within front yard setbacks for all lots. 14 Staff Report – 10343-10351 Mapledale Street
January 23, 2023

Page 8 of 8 ends

BACKGROUND – Continued
See the Planning Commission staff report in Attachment C for a complete description of the above three flexible design requests. As conditioned, the Project meets all findings, as outlined in Resolution No. 23-03 (Attachment A).

General Plan and Zoning:Based on the General Plan and Zoning density requirements for the site, the subject site is allowed to be developed with a maximum of eight units. The proposed development does not exceed the allotted density for the property as prescribed in the Bellflower General Plan and the development standards of the R-1 Zone. Therefore, the proposed development complies with the allotted density for the area and is consistent with the Goals and Policies of the General Plan and standards of the Zoning Ordinance, as outlined in Resolution No. 23-03 (Attachment A).

ATTACHMENTS
A.Resolution No. 23-03 .............................................................................................. 09 B.Ordinance No. 1423 ................................................................................................ 26 C.Planning Commission Staff Report (without attachments) ...................................... 32 D.Resolution No. PC 22-14 (without exhibit) .............................................................. 39 E.Development Standards Compliance Table ............................................................ 47 F.Aerial Map, Assessor’s Map, Zoning Map and General Plan Map .......................... 48 G.Documents and Plans Submitted by Applicant…………………………………………52 15 14-E
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 find all bidders to be non-responsive,reject all bids in response to proposals submitted for the City’s Request for Proposals (RFP) for document conversion and scanning services, and authorize the City Manager to issue a new Request for Proposals (RFP) No. CC-2023-01 for Document Conversion and Scanning Services.

DATE: February 13, 2023

EXECUTIVE SUMMARY

RECOMMENDATION TO CITY COUNCIL

1) Find all bidders to be non-responsive, reject all bids, direct staff to notify all bidders, and authorize the City Manager to issue RFP No. CC-2023-01; or

2) 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

Page 1 of 2 ends

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Staff Report –Document Conversion and Scanning Services February 13, 2023

Page 2 of 2 ends

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

On November 16, 2022, staff released a Request for Proposals (RFP) No. CC-2022-01 for Document Conversion and Scanning Services, which sought proposals from qualified vendors to complete two large volume projects for the Public Works Department (Project A) and the Planning and Building Services Department (Project B), as well as ongoing Citywide document conversion and scanning services. On December 7, 2022, Addendum No. 1 was issued to require proposals include a sample USB or CD/Disk to ensure the Consultant is capable of providing receivables in a format that will automatically sort the indexed files into the City’s existing Laserfiche database when uploaded. On December 13, 2022, Addendum No. 2 was issued to clarify and replace “Exhibit B – Cost Proposal” in its entirety. The RFP was due and closed on December 16, 2022.

Three proposals were received from the following vendors:

ECS Imaging, Inc. (ECS)
Iron Mountain Information Management, LLC (Iron Mountain)

MSI CA, LLC (MSI)

After going through a review and rating process, staff is recommending that all bids be rejected and the City notify the vendors that submitted proposals. ECS’s proposal did not respond to the two addendums issued, and therefore deemed incomplete and unresponsive. Iron Mountain’s proposal included a variety of requested changes to the City’s standard agreement and insurance requirements and did not provide a successful Sample of Work Product requested in Addendum No. 1, and therefore deemed unresponsive. MSI’s proposal did not provide a successful Sample of Work Product requested in Addendum No. 1, and therefore deemed unresponsive.

Staff is requesting the City Council authorize the City Manager to release a new RFP for Document Conversion and Scanning Services.

ATTACHMENTS:

Notices to Reject all Bids………………………………………………………………….......3 RFP No. CC-2023-01 for Document Conversion and Scanning Services ……………....6 -2-

Sonny R. Santa Ines
Mayor
Raymond Y. Hamada
Mayor Pro Tem
Ray Dunton
Council Member
Dan Koops
Council Member
Victor A. Sanchez
Council Member

February 14, 2023

Ms. Laura Wayman
ECS Imaging, Inc.
5905 Brockton Ave.

Riverside, CA 92506

Re: Request for Proposals for Document Conversion and Scanning Services

Dear Ms. Wayman:

Thank you for submitting a proposal for the City of Bellflower’s Request for Proposals for Document Conversion and Scanning Services (RFP). After considering the proposals, the City has decided to reject all of the proposals and will not be recommending a contract be awarded at this time. The City may be issuing a new Request for Proposals in the future.

We thank you for your participation and we hope that you will continue to show interest in the City’s future projects. If you have any questions regarding this notification, you may contact me at (562) 804-1424, extension 2222.

Sincerely,

Mayra Ochiqui
City Clerk

-3-

Sonny R. Santa Ines
Mayor
Raymond Y. Hamada
Mayor Pro Tem
Ray Dunton
Council Member
Dan Koops
Council Member
Victor A. Sanchez
Council Member

February 14, 2023

Mr. Stone
Iron Mountain Information Management, LLC
One Federal Street
Boston, MA 02110

Re: Request for Proposals for Document Conversion and Scanning Services

Dear Mr. Stone:

Sincerely,

Mayra Ochiqui
City Clerk

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Sonny R. Santa Ines
Mayor
Raymond Y. Hamada
Mayor Pro Tem
Ray Dunton
Council Member
Dan Koops
Council Member
Victor A. Sanchez
Council Member

February 14, 2023

Ms. Stavropoulos

MSI CA, LLC
1550 S. Valley Vista Dr.

Diamond Bar, CA 91765

Re: Request for Proposals for Document Conversion and Scanning Services

Dear Ms. Stavropoulos:

Sincerely,

Mayra Ochiqui
City Clerk

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REQUEST FOR PROPOSALS
NO. CC-2023-01

FOR DOCUMENT CONVERSION AND SCANNING SERVICES

RELEASED: FEBRUARY 14, 2023
SUBMITTALS DUE BY: 3:30 P.M., FEBRUARY 28, 2023

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 Tuesday, February 28, 2023, 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-2023-01: Document Conversion and Scanning Services

Page 1 of 24 ends

CITY OF BELLFLOWER

REQUEST FOR PROPOSALS
PROPOSAL NO. CC-2023-01

PROPOSALS ARE DUE: NOT LATER THAN 3:30 PM Tuesday, February 28, 2023.

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.

4. 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-2023-01: Document Conversion and Scanning Services

Page 2 of 24 ends

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-2023-01: Document Conversion and Scanning Services

Page 3 of 24 ends

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.

17. Signature Verification Form. BIDDERS MUST SIGN AND RETURN EXHIBIT B, SIGNATURE VERIFICATION FORM, WITH THEIR PROPOSAL.

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City of Bellflower
RFP No. CC-2023-01: Document Conversion and Scanning Services

Page 4 of 24 ends

CONTRACT SAMPLE

The successful bidder will be required to enter into the sample contract that is attached as Exhibit “E.”

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 Wednesday, February 22, 2023 at Bellflower City Hall, 16600 Civic Center Drive, Bellflower, CA 90706.

10:00 a.m. – Bellflower City Hall, Planning Department, 16600 Civic Center Dr., Bellflower, CA 90706
10:30 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-2023-01: Document Conversion and Scanning Services

Page 5 of 24 ends

Evaluation of Proposals

The proposals will be reviewed by City staff during the week of March 6, 2023.

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-2023-01: Document Conversion and Scanning Services

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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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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 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
Part II must relate to the Cost Proposal
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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). -15-

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☒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 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.

☒Sample of Work Product – Include a sample USB or CD/Disk to determine if the Consultant is capable of providing receivables via USB or CD/DVD, using Laserfiche Version 10.3.0.457 as the platform, in a format that will automatically sort the indexed files into the City’s existing Laserfiche database when uploaded.

If the City elects to receive final scans in this format, it will be included in the Scope of Work in the Agreement. See below for a sample of the existing Laserfiche database file structure. Attached to this RFP are two “Test” documents (“Test Building Permit File” and “Test Planning Case File”) to be indexed as provided on each document and prepared on a USB or CD/DVD as stated above.

The Sample of Work Product must be included with the proposal.

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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 C 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 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.
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(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:

1. Contractor’s understanding of scope of work.

2. Contractor’s approach to performing the tasks defined in the scope of work.

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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
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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).

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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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EXHIBIT B

SIGNATURE VERIFICATION FORM

Thank you for doing business with the City of Bellflower. Please note that the City requires verification that the person executing a contract has signature authority. Signature requirements for contracts vary depending on whether a vendor conducts business in the capacity of a corporation, general partnership, limited partnership, or as an individual.

When the contract is with a corporation, California Corporations Code § 313 requires the contract to be signed by: (a) one officer from the corporation’s “operational group” consisting of the chairman of the board, the president, or any vice president; and (b) one officer from the corporation’s “financial group” consisting of the secretary, or assistant secretary, or the chief financial officer or any assistant treasurer. Alternatively, the board of directors for the corporation can delegate signature authority to a particular individual or individuals. This is generally memorialized in a form of a resolution adopted by the board of directors. When the contract is with a consultant conducting business as a general partnership or limited partnership, the contract should be signed by at least one general partner having authority to enter into the contract on behalf of the partnership.

When the contract is with an individual, that individual must sign the contract.

To ensure that the City’s contracts are valid, this Signature Verification Form must be completed by vendors/contractors/consultants providing services to the City of Bellflower.

By completing this form, the person listed below has the authority to sign all legal binding agreements with the City of Bellflower on behalf of the company/organization listed below.

If a corporation, attach a copy of the document demonstrating signature authority to this form.

The City of Bellflower greatly appreciates your cooperation.

Date:

Type of Company/Organization:

Company/Organization Name:

Name:

Title:

Signature:

Please send the completed form to the following address:

City of Bellflower
City Clerk’s Office
16600 Civic Center Drive
Bellflower, CA 90706

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EXHIBIT C

COST PROPOSAL

AS-NEEDED, ONGOING SCANNING SERVICES (MONTHLY)
Item No. Description Estimated Qty. Unit Price Total Amount

1. Document preparation up to legal size (price per
page) 1,000 pages $ $

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 (price per
page) 400 pages $ $

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 (price per document/file) 1 document/file $ $ N/A

8. Archival USB drive or CD/DVD 1 USB/CD/DVD $ $ N/A

9. Pick-up / Delivery (per trip) 1 trip $ $ N/A
SUBTOTAL: $

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 (price per
page) 50,000 pages $ $

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 (price per document/file) 1 document/file $ $ N/A

8. Archival USB drive or CD/DVD 1 USB/CD/DVD $ $ N/A

9. Pick-up / Delivery (per trip) 1 trip $ $ N/A
SUBTOTAL: $

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 (price per
page) 170,000 pages $ $

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 (price per
page) 40,000 pages $ $

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 (price per document/file)1 document/file $$ N/A

8. Archival USB drive or CD/DVD 1 USB/CD/DVD $$ N/A

9. Pick-up / Delivery (per trip) 1 trip $$ N/A
SUBTOTAL: $

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EXHIBIT D
SAMPLE WORK PRODUCT – TEST DOCUMENTS
(See page 9)

[BEGINS ON NEXT PAGE]

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TEST – BUILDING PERMIT FILE FOR RFP NO. CC-2022-01 Department: Building & Safety DivisionRetention Period: Permanent General Description of Records: Building Permit Files (Alondra Boulevard to Belfair Street) Destruction Eligibility Date: Permanent FOR CITY CLERK’S OFFICE USE Box No.BSXXXSKU No.BSXXX ITEM NO. DESCRIPTION OF SPECIFIC RECORDS OR FILES INCLUSIVE DATES IN FILE FROM TO AUTHORITY TO TRANSFER INACTIVE RECORDS AND RECORDS INVENTORY LIST1 Index as: 10300 Alondra Boulevard – APN: 7017-002-036 (TEST) I AUTHORIZE THE RECORDS CONTAINED HEREIN TO BE TRANSFERRED TO THE OFFSITE STORAGE FACILITY AND CITY COUNCIL APPROVED RECORDS RETENTION APPLIED. Approved: Date: (Department Head) Approved: Date: (City Clerk) Approved: Date: (City Manager) -25-

TEST – PLANNING CASE FILE FOR RFP NO. CC-2022-1 Department: Planning Division Retention Period: Permanent General Description of Records: Planning Case Files (Alondra Boulevard to Belmont Street) Destruction Eligibility Date: Permanent FOR CITY CLERK’S OFFICE USE Box No.PLXXXSKU No.PLXXX ITEM NO. DESCRIPTION OF SPECIFIC RECORDS OR FILES INCLUSIVE DATES IN FILE FROM TO AUTHORITY TO TRANSFER INACTIVE RECORDS AND RECORDS INVENTORY LIST1 Index as: 9140 Alondra Boulevard – APN: 7105-002-012 (TEST) I AUTHORIZE THE RECORDS CONTAINED HEREIN TO BE TRANSFERRED TO THE OFFSITE STORAGE FACILITY AND CITY COUNCIL APPROVED RECORDS RETENTION APPLIED. Approved: Date: (Department Head) Approved: Date: (City Clerk) Approved: Date: (City Manager) -26-

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EXHIBIT E

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]

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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

Page 2 of 2 ends

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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Page 1 of 2 ends

14-F

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 on Somerset Boulevard and Betty Jean Avenue (C.E. #21-01).

DATE: February 13, 2023

EXECUTIVE SUMMARY

This action would approve and authorize the installation of red curb parking restrictions on Somerset Boulevard and Betty Jean Avenue pursuant to Bellflower Municipal Code (“BMC”) Chapter 10.04.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the Director of Public Works, or designee, to install red curb parking restrictions on Somerset Boulevard and Betty Jean 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 to install red curb parking restrictions on Somerset Boulevard just east of Betty Jean Avenue. The basis of the request is to improve the line of sight for vehicles entering Somerset Boulevard from Betty Jean Avenue.

Currently vehicles parked within the proposed red zone block the line of sight. In response to this request, and to create an improved line of sight and enhance safety, the City is proposing to install sixty feet (60’) of red curb parking restrictions. The proposed change is illustrated on the attached aerial photograph.

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Staff Report – Installation of Red Curb Parking Restrictions on Somerset Boulevard and Betty Jean Avenue
February 13, 2023

Page 2 of 2 ends

DISCUSSION – Continued

On January 3, 2023, the City provided notice to area residents of this request and that this matter would be brought before the Public Safety Commission at its January 17, 2023, meeting. To date, the City has received no response to the notifications.

ATTACHMENTS

Aerial Photo ..................................................................................................................... 3 Street View Photo ........................................................................................................... 4 Notification Letter to Residents ....................................................................................... 5

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Proposed 60' of Red Curb Parking Restrictions
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Page 1 of 2 ends

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

SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to the Public Works Contract for Specifications No. 20/21-03, in a form approved by the City Attorney, with LCR Earthwork & Engineering Corp., for additional work for the Reconstruct City-Owned parking Lot Located at 9818 Artesia Boulevard Project.

DATE: February 13, 2023

EXECUTIVE SUMMARY

This action would authorize the City Manager to execute Amendment No. 1 with LCR Earthwork & Engineering Corp. (LCR Earthwork) for additional work for the Reconstruct City-Owned Parking Lot Located at 9818 Artesia Boulevard Project (the “Project”).

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager, or designee, to execute Amendment No. 1 to the Public Works Contract with LCR Earthwork for Specifications No. 20/21-03, in a form approved by the City Attorney; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The additional amount in Amendment No. 1 is $134,660, which represents an increase of 59.36% from the current contract amount of $226,870. The revised contract amount would be $361,530. Funds are available in Account No. 011-47028-9000 (Capital Projects Parking Lot Improvements).

DISCUSSION

On September 26, 2022, the City awarded a contract to LCR Earthwork to reconstruct the City-owned parking lot located at 9818 Arteisa Boulevard as part of the City’s efforts to improve City-owned public parking lots. On December 16, 2022, the City purchased the private property adjacent to the City-owned parking lot. Subsequently, Public Works staff requested a quote from LCR Earthwork for parking lot improvements on the property acquired by the City.
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Staff Report – Amendment to Public Works Contract for Specifications No. 20/21-03 February 13, 2023

Page 2 of 2 ends

DISCUSSION – Continued

LCR Earthwork’s quote for this additional scope of work is $134,660 which represents an increase of 59.36% from the original contract amount. In accordance with § 3-2.1 of the Standard Specifications for Public Works Construction (aka, the “Green Book”) which is incorporated into the City’s standard public works contracts, changes to the scope of work that exceed 25% of the original contract price require an amendment to the contract. The proposed amendment would result in a total contract amount of $361,530, which exceeds the City Manager’s signature authority. Consequently, Public Works recommends that the City Council authorize the City Manager to execute Amendment No. 1 with LCR Earthwork for the additional work for the Project.

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Page 1 of 2 ends

14-H

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. 23-07 - A Resolution approving the Plans and Specifications for the Thompson Park Playground Improvements (Specifications No. 22/23-07), pursuant to Government Code §830.6; establishing a project payment account; and authorizing solicitation of bids.

DATE: February 13, 2023

EXECUTIVE SUMMARY

This action would approve the Plans and Specifications, preserve the City’s right to assert design immunity to any claim for damages arising from the design, and authorize the Public Works Department to advertise for bids for the Thompson Park Playground Improvements (the “Project”). The award of a contract will be brought before the City Council at a later date for approval.

RECOMMENDATION TO CITY COUNCIL

1) Adopt Resolution No. 23-07; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The Engineer’s estimate of cost plus contingency to perform the work under Specifications No. 22/23-06 is $387,000. Funds are available and will be provided for in budget Account Nos. 011-47230-9000 (General Fund) and 024-47230-9000 (Park Facilities Fund including Proposition 68 grant).

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Staff Report – Thompson Park Playground Improvements
Specifications No. 22/23-07
February 13, 2023

Page 2 of 2 ends

DISCUSSION

On March 14, 2022, the City entered into an agreement with RJM Design Group for the preparation of the plans and specifications for the Project, which consists of the replacement of the existing “big kid” playground with a new playground and the installation of an ADA parking stall adjacent to the new playground. The Project plans and specifications have now been completed. Upon City Council approval of the plans and specifications, staff will solicit bids for the construction of the Project.

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).

ATTACHMENTS

Resolution No. 23-07....................................................................................................... 3 Plans and Specifications ................................................................................................. 5

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Page 1 of 2 ends

CITY OF BELLFLOWER

RESOLUTION NO. 23-07

A RESOLUTION APPROVING THE PLANS AND

SPECIFICATIONS FOR THE THOMPSON PARK

PLAYGROUND IMPROVEMENTS (SPECIFICATIONS
NO. 22/23-07), PURSUANT TO GOVERNMENT CODE
§ 830.6, ESTABLISHING A PROJECT PAYMENT

ACCOUNT AND AUTHORIZING SOLICITATION OF BIDS

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. The City Council finds and declares as follows:

A. Public Works Department staff prepared the Plans and Specifications for the Thompson Park Playground Improvements (“Project”);

B. The Director of Public Works reviewed the completed Plans and Specifications for the Project and agrees that Plans and Specifications are complete and the Project may be completed;

C. The City Council wishes to obtain the immunities set forth in Government Code §830.6 with regard to the Plans, Specifications and completion of the Project; and

D. The City reviewed the project’s environmental impacts under 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).

SECTION 2. Design Immunity; Authorization.

A. The Plans and Specifications for the Project are determined to be consistent with the City’s standards and are approved.

B. The Plans and Specifications approval set forth in this Resolution occurred before actual work on the Project construction commenced.

C. The approval granted by this Resolution conforms to the City’s General Plan.

D. The Public Works Director, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the Plans and Specifications approved by this Resolution.

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City of Bellflower
Resolution No. 23-07

Page 2 of 2 ends

E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.

F. The City Manager, or designee, may solicit bids for the Project in accordance with applicable law.

SECTION 3. Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project (“Project Payment Account”). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Documents administering the Project.

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. 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 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or his duly appointed deputy, shall attest thereto.

SECTION 7. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 13TH DAY OF FEBRUARY 2023.

________________________________
Sonny R. Santa Ines, Mayor
ATTEST:

________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney
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CITY OF BELLFLOWER

BELLFLOWER, CALIFORNIA

PLANS

SPECIFICATIONS

AND CONTRACT DOCUMENTS

FOR THE

THOMPSON PARK PLAYGROUND IMPROVEMENTS

SPECIFICATIONS NO. 22/23-07

PREPARED BY:

CITY OF BELLFLOWER

PUBLIC WORKS DEPARTMENT
16600 CIVIC CENTER DRIVE
BELLFLOWER, CALIFORNIA 90706
(562) 804-1424

For questions regarding these Bid Specifications
or project, please contact:

Project Manager: Bernardo Iniguez
(562) 804-1424, ext. 2233

BIDS DUE: TUESDAY, MARCH 21, 2023 at 11:00 AM

These plans and specifications are the exclusive property of the City of Bellflower and shall not be used in any manner without prior consent of the City of Bellflower. Any reuse of these plans and specifications by others shall be at other’s sole risk and without liability to the City of Bellflower.

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CITY OF BELLFLOWER

THOMPSON PARK PLAYGROUND IMPROVEMENTS

SPECIFICATIONS NO. 22/23-07

TABLE OF CONTENTS

SECTION PAGE

NOTICE INVITING SEALED BIDS ............................................................................. N-1

BIDDING INSTRUCTIONS .......................................................................................... I-1

BID DOCUMENTS (All Bid Documents must be submitted by bid date) Bid ................................................................................................................................ B-1 Bidders General Information ........................................................................................ B-2 Bidder’s Statement of Past Contract Disqualifications ................................................. B-3 Insurance Requirements .............................................................................................. B-4 List of Subcontractors ................................................................................................... B-6 Project Bid Sheet ......................................................................................................... B-7 Bid Bond ..................................................................................................................... B-11 Non Collusion Declaration .......................................................................................... B-12

CONTRACT DOCUMENTS
Agreement ................................................................................................................... C-1 Faithful Performance Bond ...................................................................................... FPB-1 Labor and Materials Bond .................................................................................... L&MB-1 Worker’s Compensation Insurance Certificate ......................................................... WC-1 Declaration of Sufficiency of Funds……………………………………………………..DSF-1

GUARANTY ................................................................................................................ G-1

STANDARD SPECIFICATIONS ................................................................................ SS-1 PCC § 9204 .................................................................................................... ATTACHED

TECHNICAL PROVISIONS ....................................................................................... TP-1

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N-1

NOTICE INVITING SEALED BIDS

FOR THE THOMPSON PARK PLAYGROUND IMPROVEMENTS

IN THE CITY OF BELLFLOWER
SPECIFICATIONS NO. 22/23-07

The City of Bellflower is accepting sealed bids in the City Clerk’s office, 16600 Civic Center Drive, Bellflower, CA 90706, until 11:00 a.m. on:

TUESDAY, MARCH 21, 2023

at which time they will be publicly opened. Each bid must be accompanied by a certified or cashier’s check or bidder’s bond payable to the order of the City of Bellflower or cash for an amount not less than ten percent (10%) of the bid price submitted, and the check, bond, or cash deposit of the successful bidder shall be forfeited to the City if such bidder fails to enter into the contract to perform the work within ten (10) days after written notice of award. Bids will not be accepted after that time.

As described in the Bidding Documents, the bids are for a public works project (“Project”) which consists of construction of the THOMPSON PARK PLAYGROUND IMPROVEMENTS and related work as shown on the plans on file with the City’s Public Works Department. The Engineer’s Estimate of cost is $430,000. Bids will be publicly opened on Tuesday, March 21, 2023. At the time of contract award, the contractor shall possess a Class A or B Contractor’s License or a combination of Class C-8, C-32 and C-61/D34 Contractor’s License. No bid will be accepted from a contractor who has not been licensed in accordance with the Provisions of Chapter 9, Division III, of the Business and Professions Code of the State of California at the time the bid is submitted. Following the issuance of the Notice to Proceed, the contractor shall have sixty (120) working days to complete the work.

Work on the Project must be performed in strict conformity with Specifications No. 22/23-07 as adopted by the City’s City Council on February 13, 2023 which is filed with the City’s Public Works Department. Copies of these plans and specifications may be obtained by prospective bidders from the Public Works Department, 16600 Civic Center Drive, Bellflower, CA 90706 for a non-refundable fee of $35.00. Plans and specifications can be mailed for an additional non-refundable fee of $10.00 per set.

Mandatory jobsite walk will be held at Tuesday, March 7, 2023 at 11:00 AM at 14001 Bellflower Boulevard, Bellflower, CA 90706. Prospective bidders will have opportunity to examine the project site and are encouraged to raise any questions associated with the project and site. Attendance of the jobsite walk is mandatory for parties wishing to submit a bid as the Prime Contractor.

The terms and conditions for bidding on the Project are described in the Bidding Instructions which can be found at www.bellflower.org .

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Notice Inviting Sealed Bids
Specifications No. 22/23-07
N-2

This project requires payment of State prevailing rates of wages for Los Angeles County. The contractor must post copies of the prevailing schedule at each job site.

Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov .

Note that the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be nonresponsive.

Five percent (5%) will be deducted from each progress payment and retained by the City. The remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to Public Contracts Code (“PCC”) § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor’s request.

DATED this 13th day of February, 2023.

CITY OF BELLFLOWER, CALIFORNIA

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Instructions to Bidders
Specifications No. 22/23-07
I-1

CITY OF BELLFLOWER

THOMPSON PARK PLAYGROUND IMPROVEMENTS

SPECIFICATIONS NO. 22/23-07

BIDDING INSTRUCTIONS

1 DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents.

1.1 “Addenda” means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

1.2 “Alternate” means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both.

1.3 “Bid Deadline” means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda.

1.4 “Bidder” means a person or firm that submits a Bid.

1.5 “Bidding Documents” means the construction documents prepared and issued for bidding purposes including all Addenda.

1.6 “Lump Sum Base Bid” means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates.

1.7 “Unit Price” means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement. 2 BIDDER’S REPRESENTATIONS. By making its Bid, Bidder represents that:

2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents.

2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents.

2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents.

2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor’s State License Board for -9-

Instructions to Bidders
Specifications No. 22/23-07
I-2
the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors.

If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder must also hold either (1) a specialty contractor “C” license in each such trade, (2) a General Engineering contractor “A” license, or (3) a General Building contractor “B” license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade.

2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate.

When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.

2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents.

2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder’s behalf.

2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work.

2.9 The Bidder has paid the City’s business license fee(s). 3 BIDDING DOCUMENTS.

3.1 Bidders may obtain complete sets of the Bidding Documents from the City’s Public Works Department for the sum stated in the Notice for Bids.

3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.

3.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents. 4 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.

4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at -10-

Instructions to Bidders
Specifications No. 22/23-07
I-3
once report to the City’s Representative errors, inconsistencies, or ambiguities discovered.

4.2 Requests for clarification or interpretation of the Bidding Documents will be addressed to the City’s Representative and must be received at least seven (7) days prior to the date of receipt of bids. No request shall be taken within the six (6) days prior to bid opening.

4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding and Bidders will not rely upon them.
5 PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents.
6 SUBCONTRACTORS.

6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor’s business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so.

6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law. 7 ADDENDA.

7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda.

7.2 Copies of Addenda will be made available for inspection at the City’s Public Works Department.

7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued any time before the Bid Deadline.

7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid.
8 PRE-BID CONFERENCE. Bidder will attend a Pre-Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre-Bid Conference attendees to -11-

Instructions to Bidders
Specifications No. 22/23-07
I-4
arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre-Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected. 9 FORM AND STYLE OF BIDS

9.1 Bids will be submitted on the Bid Form included with the Bidding Documents.

Bids not submitted on the City’s Bid Form will be rejected.

9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter.

9.3 Bidder’s failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter “No Change.”

9.4 Each Bidder must fill out the “Bidders Statement of Past Contract Disqualifications” form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The Bidder must explain the circumstances of each disqualification. The City may reject the bid based on such information.

9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.

9.6 The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished must be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes must be covered as extra work.

9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder’s Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected.
10 BID SECURITY

10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to “City of Bellflower.” When a -12-

Instructions to Bidders
Specifications No. 22/23-07
I-5
Bond is used for Bid Security, failure to use the City’s Bid Bond form will result in the rejection of the Bid.

10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which the City procures the Work.

10.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California, Department of Insurance list of, “Insurers Admitted to Transact Surety Insurance in This State.”

10.4 The City will retain Bid Security until the occurrence of one of the following:

10.4.1 All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City.

10.4.2 The specified time has elapsed during which Bids may be withdrawn.

10.4.3 All Bids have been rejected.

10.5 The Bid Form, Bid Security, and all other documents required to be submitted with the Bid will be enclosed in a sealed opaque envelope. The envelope will be addressed to the City Clerk. The envelope will be identified with the BELLFLOWER GATEWAY SIGN, Bidder’s name and address, and, if applicable, the designated portion of the Project for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope will be enclosed in a separate mailing envelope labeled as follows: “SEALED BID ENCLOSED.”

10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A Bid received after the Bid Deadline will be returned to Bidder unopened.

10.7 Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids.

10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
11 MODIFICATION OR WITHDRAWAL OF BID.

11.1 Before the Bid Deadline, a submitted Bid may be modified or withdrawn.

Notice of such action will be given to the City in writing and signed by the -13-

Instructions to Bidders
Specifications No. 22/23-07
I-6
Bidder’s authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.

11.2 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.

11.3 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.

11.4 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.
12 OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly. 13 REJECTION OF BIDS.

13.1 The City will have the right to reject all Bids.

13.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular. 14 AWARD

14.1 The City may retain all bids for a period of sixty (60) days for examination and comparison, and to delete any portion of the work from the contract.

14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City.

14.3 The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents.

14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the “multiplier” as stated in the Bid Form, plus the amounts of all accepted Alternates.

14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. -14-

Instructions to Bidders
Specifications No. 22/23-07
I-7

14.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids.

Within ten (10) days after receiving the City’s notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:

14.5.1 Two originals of the Agreement signed by Bidder.

14.5.2 Two originals of the Labor and Materials Bond.

14.5.3 Two originals of the Faithful Performance Bond.

14.5.4 Certificates of Insurance.

14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders’ company stationery.

Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references.

14.5.6 Preliminary Contract Schedule.

14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not submitted, the City will withhold retention.

14.5.8 Cost Breakdown.

14.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract.

14.7 If Bidder submits the two original signed Agreements and all other items within ten (10) days after receiving the City’s notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder.

14.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder’s Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids. -15-

Instructions to Bidders
Specifications No. 22/23-07
I-8
15 PROTEST

15.1 Procedure to be followed by protester and City Clerk.

A. Persons may challenge (the “Protester”) an award of a City of Bellflower Public Works contract (the “Project”) based upon whether the apparent lowest responsible bidder (the “Low Bidder”) is a “responsible bidder” as defined by applicable law.

B. The Protester must file a written statement with the City Clerk (the “Protest”) that sets forth the reasons for objection. The Protest must be filed with the City Clerk not later than seven (7) days after the bids were received and opened, or as soon as the Protester becomes aware of the ground for the Protest, whichever date occurs first. Any documents which support the objections must be filed together with the Protest.

C. Upon receiving the Protest, the City Clerk must mail a copy of the Protest to the Low Bidder, together with any supporting documents filed with the Protest. The City Clerk must include a letter of transmittal with the Protest which contains substantially the following information:

1. Notice that the Protest (and supporting documents, if any) was filed with the City Clerk;

2. Notice regarding the date, time, and place when and where the City Council will consider the bids received in connection with the Project; and

3. Notice that the Low Bidder may appear at the meeting and rebut the Protest including, without limitation, the ability to present evidence that the Low Bidder is qualified to perform the work and is the “lowest responsible bidder” on the Project.

D. In addition to the notice provided to the Low Bidder, the City Clerk must attempt to contact the Low Bidder by phone regarding the Protest. If the City Clerk is able to contact the Low Bidder, the City Clerk must provide, if the Low Bidder requests it, a facsimile copy of the Protest.

E. The City Clerk must also provide the Protester with notice regarding the date, time, and place when and where the City Council will meet to consider bids for the Project.

15.2 Procedure to be followed at the Hearing.

A. At the time set for consideration of the bids received in connection with the Project, the City Council must allow City staff to proceed with its presentation first.

B. Following the staff presentation, the City Council will allow the Protester to make his/her presentation. The Protester has the right to introduce -16-

Instructions to Bidders
Specifications No. 22/23-07
I-9
any testimony or other evidence which could not, by the exercise of reasonable diligence, have been submitted at the time the Protest was filed.

C. Following the Protester’s presentation, the Low Bidder has the right to cross-examine any witnesses who testified on behalf of the Protester and to rebut any other evidence introduced or produced by the Protester or City staff.

D. The City Council may, in its discretion, permit rebuttals and surrebuttals by the Protester and/or the Low Bidder.

E. At the conclusion of the hearing on the Protest, the City Council must decide whether, based on the evidence produced at the hearing, the Low Bidder is or is not the lowest responsible bidder.

F. In deciding where the Low Bidder is “responsible,” the City Council must consider the Low Bidder’s trustworthiness, and the quality, fitness and capacity of the Low Bidder to satisfactorily perform the work required to be performed for the Project. Evidence of pervasive and significant violations of the prevailing wage laws of the State of California by the Low Bidder on a City Public Works project or on public works projects involving other public agencies warrants a finding by the City Council that the Low Bidder is not the lowest responsible bidder.

G. If the Low Bidder is found to be “responsible” under the criteria referred to above, the City Council must award the contract for the Project to the Low Bidder, unless the City Council rejects all bids for the Project.

H. If the Low Bidder is found not be “responsible” under the criteria referred to above, the City Council must make a finding to that effect and must then award the contract to the second lowest responsible bidder, unless the City Council rejects all bids for the Project.

-17-

BID
Specifications No. 22/23-07
B-1
BID

BID TO: CITY OF BELLFLOWER, CALIFORNIA

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents to perform the Work as specified or indicated in said Contract Documents entitled:

FOR CONSTRUCTION OF THE

THOMPSON PARK PLAYGROUND IMPROVEMENTS

IN THE CITY OF BELLFLOWER
SPECIFICATION NO. 22/23-07

Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security.

This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents.

Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged):

Number ______________ Date ____________________

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary.

In conformance with the current statutory requirements of Labor Code § 1860, et seq., the undersigned confirms the following as its certification:

I am aware of Labor Code § 3700, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract.

To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s).

Dated: ______________________________ Bidder:

By:
(Signature)

Title:
-18-

BID
Specifications No. 22/23-07
B-2

BIDDER'S GENERAL INFORMATION

The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. Additional sheets may be attached as required.

1. BIDDER/CONTRACTOR'S Name and Street Address:

2. CONTRACTOR'S Telephone Number: ( )
Facsimile Number: ( )
Email address:

3. CONTRACTOR'S License: Primary Classification
State License Number(s)
Supplemental License Classifications
Department of Industrial Relations (DIR) Registration No. _______________________________

4. Surety Company and Agent who will provide the required Bonds on this Contract:

Name of Surety
Address

Surety Company Agent
Telephone Numbers: Agent ( ) Surety ( )

5. Type of Firm (Individual, Partnership or Corporation):

6. Corporation organized under the laws of the State of:

7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm:

-19-

BID
Specifications No. 22/23-07
B-3
BIDDER'S GENERAL INFORMATION (Continued)

8. Number of years experience as a contractor in this specific type of construction work:

9. List at least three related projects of comparable size and complexity completed to date:

1. Owner
Contact
Phone ( )
Project ( )
Address
Class of Work
Contract amount
Date completed

2. Owner
Contact
Phone ( )
Project ( )
Address
Class of Work
Contract amount
Date completed

3. Owner
Contact
Phone ( )
Project ( )
Address
Class of Work
Contract amount
Date completed

10. List the name and title of the person who will supervise full-time the proposed work for your firm:

11. Is full-time supervisor an employee contract services ?

12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer.

13. Name of the person who inspected the site of the proposed Work for the bidder:

Name: Date of Inspection:

-20-

BID
Specifications No. 22/23-07
B-4

THOMPSON PARK PLAYGROUND IMPROVEMENTS

BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS

Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation.

1. Have you ever been disqualified from any government contract?

Yes  No 

2. If yes, explain the circumstances:

_________________________________
Bidder’s Signature

-21-

BID
Specifications No. 22/23-07
B-5

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: $3,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.

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 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 endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. 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.

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. 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 insurance will render the bidder’s proposal “nonresponsive.”

___________________ __________________________
Date Bidder
-22-

BID
Specifications No. 22/23-07
B-6
Contractor's Name
_________________________________________________________ List of Subcontractors and Off-Job Fabricators
Listing must comply with the provisions of Public Contract Code § 4104.

Name of Subcontractor
or Off-Job Fabricator
Contractor’s License No.

DIR Registration No.

Business Address
Telephone No.

Email address
Items of Work and Dollar
Amount

If more space is needed, attach additional sheets.

Public Contract Code § 4104 provides that bidders must list:
(a)(1) The name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

Per Public Contract Code §4104, Contractor’s bidding on public projects are required to list above California contractor license numbers for all subcontractor’s performing work in excess of one- half of one-percent of the contract’s value.

-23-

BID
Specifications No. 22/23-07
B-7

UNIT PRICE BID SCHEDULE A
Schedule of Prices for the Construction of the:

THOMPSON PARK PLAYGROUND IMPROVEMENTS
SPECIFICATIONS NO. 22/23-07
in Bellflower, California

Item
No. Description Estimated
Quantity
Unit
Price Total Amount

1. Mobilization (may not exceed 5%
of total construction cost) 1 LS

2. Wood Fiber Mulch Demolition 1 LS

3. Existing Equipment Demolition and
Footing Removal 1 LS

4. Parking Stall Demolition 1 LS

5. Sidewalk Preparation through
Existing Turf 123 SF

6. Construct Curb 68 LF

7. Construct Curb Ramp 1 EA

8. Install Parking Lot Striping &
Signage 1 LS

9. Install Natural Gray Concrete
Paving 123 SF

10. Install Engineered Wood Fiber 219 CY

11. Install Resilient Surfacing 298 SF

12. Procure GameTime Playground
Equipment 1 LS

13. Install GameTime Playground
Equipment 1 LS

TOTAL BID PRICE – FOR SCHEDULE A
For the lump sum of

$
(Price in figures)

(Price in words)

-24-

BID
Specifications No. 22/23-07
B-8

QUANTITIES OF WORK:

The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City of Bellflower does not expressly or by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and may delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work.

Name of Bidder or Firm

-25-

BID
Specifications No. 22/23-07
B-9

BID BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________________

__________________________________________________________________, Principal,

and________________________________________________________________________

__________________________________________________________, Surety, are held and firmly bound unto
THE CITY OF BELLFLOWER Obligee,
in the sum of Ten Percent of the total amount of the Bid for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents.

Principal submitted or is about to submit a bid or proposal to Obligee on a contract for

THOMPSON PARK PLAYGROUND IMPROVEMENTS

Should a contract be awarded to the principal and principal, within such time as specified, duly execute the contract in the prescribed form and deliver the same to obligee with all required bonds/performance securities, certificates of insurance and such other items as required in the bidding or contract documents then this obligation is null and void. Otherwise, it will remain in full force and effect, and if the contract is awarded to principal and principal fails, within the time specified, to duly execute the contract in the prescribed form and deliver the same to obligee with all said required items, then surety must pay obligee the full penalty sum of this bond.

Surety, for value received, hereby agrees that no extension of time, change, alteration, modification, or addition to the bidding or contract documents, or of the work required thereunder, releases or exonerates surety on this bond or in any way affect the obligation of this bond; and surety does hereby waive notice of same.

Signed, sealed and dated
_______________________________________________
(Principal)

by________________________________________(Seal)

_______________________________________________
(Surety)

by_____________________________________________
Attorney-in-Fact

INDICATE COMPLETE ADDRESS OF SURETY TO WHICH

CORRESPONDENCE CONCERNING THIS BOND SHOULD BE
DIRECTED.

Telephone No.

-26-

BID
Specifications No. 22/23-07
B-10

NON COLLUSION DECLARATION TO BE EXECUTED
BY

BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the __________________ of ________________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________ [date], at ______________________ [city], ________________________ [state].

___________________________
Signature

-27-

Agreement
Specifications No. 22/23-07
C-1

PUBLIC WORKS CONTRACT

BETWEEN

THE CITY OF BELLFLOWER AND

This CONTRACT is entered into this day of , 20 , by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“the City”) and (“the Contractor”).

1. WORK.

A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.

B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;

C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.

D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.

2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.

3. TIME FOR PERFORMANCE.

A. The Contractor will fully complete the Work within one hundred twenty (120) working days (the “Contract Time.”)

B. The Contract Time will commence when the City issues a notice to proceed.

The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. -28-

Agreement
Specifications No. 22/23-07
C-2

C. The Contractor may not perform any Work until:

i. The Contractor furnishes proof of insurance as required by the Contract Documents; and

ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.

D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.

E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.

4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.

5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.

6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.

7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.

8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.

9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.

10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and -29-

Agreement
Specifications No. 22/23-07
C-3
the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.

11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.

12. 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:

The City The Contractor
Len Gorecki, Director of Public Works
16600 Civic Center Drive
Bellflower, CA
[email protected]

Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after 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.

13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

14. INTERPRETATION. This Contract 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 Contract will be in Los Angeles County.

15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:

A. This Contract;

B. The Standard Specifications; and
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Agreement
Specifications No. 22/23-07
C-4
C. Precedence of documents as determined in the Standard Specifications.

16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent 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 Contract will continue in full force and effect.

17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.

18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

19. 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.

20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.

21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

[SIGNATURES ON NEXT PAGE]

-31-

Agreement
Specifications No. 22/23-07
C-5

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF BELLFLOWER _______

_________________________________ ____________________________ Jeffrey L. Stewart,
City Manager

_____________________________

ATTEST:

_____________________________ Taxpayer ID No. _______________ Mayra Ochiqui,
City Clerk

APPROVED AS TO FORM:

_________________________________
Karl H. Berger,
City Attorney

-32-

Faithful Performance Bond
Specifications No. 22/23-07
FPB-1

CITY OF BELLFLOWER

THOMPSON PARK PLAYGROUND IMPROVEMENTS

SPECIFICATIONS NO. 22/23-07

FAITHFUL PERFORMANCE BOND

Bond No.

Bond Fee:

(“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.

PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. 22/23-07, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.

BOND CONDITIONS

1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. 22/23-07, a copy of which is on file with CITY’s Public Works Department (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department. CITY has estimated the required amount of the bond as shown above.

2. PRINCIPAL’s work on the Public Project will be done in accordance with CITY’s plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor.

3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project’s completion and acceptance by CITY.

4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).

-33-

Faithful Performance Bond
Specifications No. 22/23-07
FPB-2

5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 22/23-07 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.

6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so;

B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and

7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.

SIGNED AND SEALED this day of , 20__.

PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT

PRINCIPAL’s SECRETARY SURETY’s SECRETARY

PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:

NOTE: ALL signatures must be acknowledged by a notary public. -34-

Labor and Materials Bond
Specifications No. 22/23-07
L&MB-1

CITY OF BELLFLOWER

THOMPSON PARK PLAYGROUND IMPROVEMENTS

SPECIFICATIONS NO. 22/23-07

LABOR AND MATERIALS BOND

Bond No.

Bond Fee:

, as principal (“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.

This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL’S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in SPECIFICATIONS NO. 22/23-07 (“Public Project”), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.

BOND CONDITIONS

1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. 22/23-07, and the public works contract executed for such Specifications, copies of which is on file with CITY’s Public Works Department (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department.

2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.

3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.

4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”). -35-

Labor and Materials Bond
Specifications No. 22/23-07
L&MB-2

5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 22/23-07, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.

6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and

SIGNED AND SEALED this day of , 20__.

PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT

PRINCIPAL’s SECRETARY SURETY’s SECRETARY

PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:

NOTE: ALL signatures must be acknowledged by a notary public.

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Worker’s Compensation
Specifications No. 22/23-07
WC-1

WORKERS’ COMPENSATION CERTIFICATE

(AS REQUIRED BY LABOR CODE § 1861)

I am aware of Labor Code § 3700 which requires every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

Contractor

Title

-37-

Declaration of Sufficiency of Funds
Specifications No. 22/23-07
DSF-1

DECLARATION OF SUFFICIENCY OF FUNDS
(California Labor Code Section 2810)

I, the undersigned, an authorized representative of ________________ (insert name of Bidder) (“Bidder”) with authority to make the statements contained in this Declaration on behalf of Bidder, hereby declare the following:

1. The Bidder’s employer identification number for state tax purposes is ______________________ (insert identification number).

2. The Bidder’s workers’ compensation insurance policy number is ______________________ (insert policy number) and the name, address, and telephone number of the insurance carrier providing said insurance is:
__________________________________ (insert information requested).

3. The following information is provided concerning any and all vehicles that are owned by the Bidder and that will be used for transportation in connection with any service provided for the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested.

Attach addition sheets, if needed):

Vehicle Vehicle ID No.

Vehicle
Liability Insurance Policy No.
(of Policy covering vehicle)
Name, Address and Telephone No.
of Vehicle Liability Insurance Carrier
(issuing Policy covering vehicle)

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Declaration of Sufficiency of Funds
Specifications No. 22/23-07
DSF-2

4. The following is the address of any real property that will be used to house workers in connection with the performance of the W ork that is subject of the Bidder’s Bid to the District (insert information requested. If no such housing will be provided, enter “none”). ___________________________.

5. The actual or estimated number of workers that will be employed to perform the Work of the Project that is the subject of the Bidder’s Bid, the total amount of wages to be paid to said workers, and the date on which said wages will be paid are as follows (attach additional sheets, if needed):

Total Number of Workers Total Amount of Wages Dates for Payment of Wages

6. Check only one of the following boxes, as applicable:

The statement of number of workers declared in Paragraph 5, above, is a statement of the actual number of workers that will be employed; or

The actual number of workers requested in Paragraph 5, above, is unknown and therefore the statement of number of workers declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of workers that will be employed.

7. The actual or estimated total number of persons and entities who will be utilized as independent contractors to perform the Work of the Project that is the subject of the Bidder’s Bid (together with their known, current local, state, and federal contractor license identification numbers that each is required to have under local, state or federal laws or regulations are as follows (attach additional sheets, if needed):

List of Independent Contractors Current, Local, State and Federal Contractor License Identification Number

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Declaration of Sufficiency of Funds
Specifications No. 22/23-07
DSF-3

8. Check only one of the following boxes, as applicable:

The statement of number of independent contractors declared in Paragraph 7, above, is a statement of the actual number of independent contractors that will be utilized; or,

The actual number of independent contractors requested in Paragraph 7, above, is unknown and therefore the statement of number of independent contractors declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of independent contractors that will be utilized.

I, the undersigned, declare under penalty of perjury that the foregoing statements are within my personal knowledge and are true and correct. Executed on this ______ day of ______________, in the year 20___.

_____________________________________

_____________________________________
Print Name

-40-

Guaranty
Specifications No. 22/23-07
G-1

CITY OF BELLFLOWER

THOMPSON PARK PLAYGROUND IMPROVEMENTS

SPECIFICATIONS NO. 22/23-07

GUARANTY

In accordance with the terms of the contract for the THOMPSON PARK PLAYGROUND IMPROVEMENTS Project in the City of Bellflower (the “Contract”) approved ______________________________ between the City of Bellflower (the “Agency”) and the undersigned (the “Contractor”), under which the Contractor shall complete work as described in the Contract Documents (as defined in the Contract), the following guarantee of said work is hereby made.

If any of the items installed pursuant to the Contract, prove defective or if the item, as a whole, proves defective, due to faulty workmanship, material furnished or methods of installation, or if the said item or any part thereof fails to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the Agency, then the undersigned agrees the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the receipt of demand from the Agency; provided, that if the Contract Documents require a longer guaranty period, then the longer period shall apply. In the event repairs are not made within thirty (30) days, the Agency shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. The Contractor agrees to reimburse the Agency, upon demand, of its expenses incurred in restoring said items to the condition contemplated in the Contract, including the cost of any equipment or materials replaced, or upon demand by the Agency, to replace any such equipment and repair said items completely without cost to the Agency so that they will operate successfully as originally contemplated.

Emergency repairs must necessarily be made by the Agency; therefore, when defective material or workmanship results in emergency repairs, the undersigned agrees to reimburse the Agency, upon demand, expenses incurred.

Each item will be deemed defective within the meaning of this guaranty in the event that item fails to operate as originally intended thereof and in accordance with the plans and specifications included in the Contract. The Faithful Performance Bond required for the Contract shall remain in full force and effect for the entire first year of the applicable guarantee period.

_____________________________ ________________________________ Date (Print Name of Contractor, Company or Corporation)

________________________________
Signature

-41-

Standard Specifications
Specifications No. 22/23-07
SS-1

CITY OF BELLFLOWER

PUBLIC WORKS DEPARTMENT

STANDARD SPECIFICATIONS

Except as modified by these Standard Specifications, the provisions of the latest edition of the “Standard Specifications for Public Works Construction” (“Greenbook”) and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. THESE STANDARD

SPECIFICATIONS ARE INTENDED TO, AND DO, TAKE PRECEDENCE OVER ANY CONFLICTING PROVISION OF THE GREENBOOK.

1. NUMBERING OF SECTIONS

The numbering of these Standard Specifications is NOT intended to conform with the Greenbook. Rather, the numbering is specific for these Standard Specifications. As noted at the outset, however, the provisions contained within these Standard Specifications supersede any conflicting clauses within the Greenbook and govern the contractual relationship between the Parties.

2. MODIFICATIONS

To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence.

3. DEFINITIONS

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Specifications.

Acceptance – The date on which the City Council accepts the Work as complete.

Architect, Design Engineers, Soils Engineer, Structural Engineers – Advisors employed by the City.

Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Compensable Delay – a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement.

Due Notice – A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action. -42-

Standard Specifications
Specifications No. 22/23-07
SS-2

Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.

Public Works Director – The City Public Works Director, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Public Works Director or designee.

PCC – California Public Contract Code.

Prompt – The briefest interval of time required for a considered reply, including time required for approval of a governing body.

(Check if applicable) State Standard Specifications - State of California Standard Specifications ( https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard- specifications).

Working Days – A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Public Works Director.

4. ABBREVIATIONS
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
APWA American Public Works Association
ASA American Standard Association
ASME American Society of Mechanical Engineers
CA MUTCD California Manual on Uniform Traffic Control Devices IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
Greenbook The most current edition of the Standard Specifications for Public Works Construction, and subsequent supplements prepared by Public Works Standards, Inc.

SPPWC Standard Plans for Public Works Construction by the American Public Works Association
SSPWC Standard Specifications for Public Works Construction by the American Public Works Association

5. ACCESS TO PROJECT SITE

Not later than the date designated in the City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor’s use.

6. SUBCONTRACTOR LISTING

Except as provided in PCC §§ 4100, et seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work -43-

Standard Specifications
Specifications No. 22/23-07
SS-3

or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself.

The Contractor must have the City Council’s written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor.

Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity.

Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor’s control over the Work, cancel the contract, or assess the Contractor a penalty of not more than 10 percent of the subcontract involved.

All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor.

When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Public Works Director may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Public Works Director, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work.

If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors’ State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.

-44-

Standard Specifications
Specifications No. 22/23-07
SS-4

The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than 10% of the Work.

7. CONTRACT BONDS

The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by the Greenbook.

The term “surety bond,” “guarantee,” and “bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. Sureties must be admitted to do business in California.

8. CONTRACT DOCUMENTS

The Contractor will maintain the following at the Work site:

• One as-built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As-built plans must be submitted to the City representative for approval before the City pays a final retention amount.

• The current accepted Contract Schedule.

• Shop Drawings, Product Data, and Samples.

• Approved permits from other agencies, including Cal-OSHA permits for trench shoring.

• All other required submittals.

The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both.

Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant.

If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Public Works Director, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work.

9. PRECEDENCE OF CONTRACT DOCUMENTS

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Standard Specifications
Specifications No. 22/23-07
SS-5

As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Public Works Director for such further explanations as may be necessary and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both.

10. ACCURACY OF PLANS AND SPECIFICATIONS

Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information.

The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Public Works Director any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor.

The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Public Works Director.

11. RIGHT-OF-WAY

When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities were left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work.

12. SURVEYING

The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California.

The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Public Works Director.

It is the Contractor’s responsibility to protect the survey control as shown on the plans.

If the survey control is destroyed or disturbed during construction, the Contractor will -46-

Standard Specifications
Specifications No. 22/23-07
SS-6

provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Public Works Director.

Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Public Works Director before beginning work that requires their use.

13. MEASUREMENT AND PAYMENT

Construction Survey – Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore.

14. BASIS FOR ESTABLISHING COSTS

Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage.

15. MARK UP

Work by Contractor. The following percentages will be added to the Contractor’s costs and will constitute the markup for all overhead and profits.

Labor .................................................... 20 Materials .................................................... 15 Equipment Rental .................................................... 15 Other Items and Expenditures .............................................. 15

To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss.

Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in this Section will be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

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Standard Specifications
Specifications No. 22/23-07
SS-7

16. DAILY REPORTS BY CONTRACTOR

If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim.

17. CHANGED CONDITIONS

If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected (“changed conditions”), the Contractor will immediately notify the Public Works Director or his designee in writing of such changed conditions (upon discovery and before disturbing such changed conditions), so that the Public Works Director or his designee can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding any other time period, the Contractor is liable to City for any extra costs incurred as a result of the Contractor’s failure to promptly give such notice.

Changed conditions include, without limitation, the following:

• Subsurface or latent physical conditions differing materially from those represented in the Contract Documents;

• Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

• Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law.

The Public Works Director or his designee will promptly investigate conditions that appear to be changed conditions. The Public Works Director’s decision, and any dispute regarding that decision, will be made in accordance with the Greenbook except that the Public Works Director will render a decision promptly.

Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions:

• The information is made available for the Bidders’ convenience and is not a part of the Contract.

• The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy.

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Standard Specifications
Specifications No. 22/23-07
SS-8

• Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City.

18. DISPUTED WORK

If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications.

Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents.

19. INSPECTION REQUIREMENTS

Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City.

Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site.

All other equipment items will be inspected and tested in accordance with the contract documents.

The City does not provide full time inspection. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the Public Works Director. Any inspection required outside of normal working hours and days, including holidays, will be at the Contractor’s cost at rates established by the City.

20. INSPECTION OF MATERIALS NOT PRODUCED LOCALLY

Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item inspected fails to meet the specified criteria, the Contractor will pay all costs for reinspection, and such costs may be deducted from payments due to the Contractor.

21. TRADE NAMES OR EQUALS
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Standard Specifications
Specifications No. 22/23-07
SS-9

Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words “or equal.”

For the City’s consideration of a proposed “equal” item, the Bidder must submit, a minimum of 10 calendar days before the date of the bid opening, documentation of the particulars of the proposed “equal item.” At a minimum, the submitted documentation will include:

• Written request with explanation of why the product should be considered as an equal product.
• Material specifications.
• Technical specifications.
• Test data.
• Samples.
• Comparison chart of key specifications of the “equal” item against similar specifications of the specified item.
• Work locations and reference telephone numbers of at least three (3) locations where the proposed “equal” item has been recently installed under similar conditions.
• Warranty data.

The Bidder will be notified by the Public Works Director whether or not the proposed “equal” product is acceptable to the City five calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City’s rejection of the proposed “equal” product without further consideration.

22. PROTECTION

If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing.

23. RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION

The City is responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation.

24. DELAYS

Actual loss is understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by these Standard Specifications and no markup will -50-

Standard Specifications
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be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work.

25. CALCULATING IDLE TIME

Equipment and worker idle time is calculated in accordance with these Standard Specifications and the Greenbook; it is based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay.

26. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK

A. Pre-Construction Meeting:

After contract award, City will arrange for a pre-construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub-contractors to attend the meeting.

B. Contract Schedule

After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Public Works Director for review, as required by these Standard Specifications within 15 calendar days of award.

C. Contract Schedule Content

The Contract Schedule, and any updated Contract Schedule, will meet the following requirements:

• Schedules must be suitable for monitoring progress of the Work. • Schedules must provide necessary data about the time for the Public Works Director’s decisions.
• Schedules must be sufficiently detailed to demonstrate adequate planning for the Work.
• Schedules must represent a practical plan to complete the Work within the Contract Time.
• Schedules must show the critical path method for completing the Work.

The Public Works Director’s review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more.

D. Effect of Contract Schedule

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less than the Contract may be acceptable if judged by the Public Works Director or his designee to be practical. Acceptance of such a schedule by the Public Works Director will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay.

If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time.

The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Public Works Director in developing the Contract Schedule and updated Contract Schedules.

The Public Works Director’s review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Public Works Director or City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule.

The Public Works Director’s failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum.

The Contractor will perform the Work in accordance with the currently accepted Contract Schedule.

E. Commencement of Contract Time

The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of 15 calendar days after the date of the Notice to Proceed and be diligently prosecuted to completion with the time provided in the Specifications.

27. DEFAULT BY CONTRACTOR
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A. General

Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City’s interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.

B. Termination of Contractor’s Control Over the Work

City may terminate the Contractor’s control over the Work without liability for damages when, in the City’s opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City’s consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of termination, less damages caused to the City by the Contractor’s action or inaction.

In the event of such termination of control, the City may do any one, or combination of, the following:

• Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor;
• The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor;
• The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor.

Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law.

C. Surety’s Assumption of Control

Should the Surety assume any part of the Work, it will take the Contractor’s place in all respects for that part and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract.

If the Surety does not assume control and perform the Work within five days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City’s forces, by letting the unfinished work to -53-

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another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within five days of completion, all costs in excess of the sums due.

The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law.

28. DELAYS AND EXTENSIONS OF TIME

A. General

If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications.

Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time.

The City will not grant an extension of time for a delay by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Public Works Director documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and accepted construction schedule.

Should delays be caused by events other than those included herein, the Public Works Director may, but is not required to, deem an extension of time to be in the City’s best interests.

B. Extensions of Time

If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time.

C. Payment for Delays to Contractor

Any payment for compensable delay will be based upon actual costs excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided.

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other purported loss, using different formulas including, without limitation, the Eichleay Formula.

D. Written Notice and Report

If the Contractor desires payment for a delay or an extension of time, it will give the Public Works Director written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim.

Any claim for payment or an extension of time must be in the form required by the “Claims” sections of these Standard Specifications.

In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents.

29. WORKDAYS AND WORKING HOURS

City Hall is ordinarily open from Monday thru Thursday during normal working hours (8 a.m. to 5:30 p.m.) and alternating Fridays (8 a.m. to 4:30 p.m.). It is closed on the following holidays:

New Year’s Day - January 1
Martin Luther King, Jr. Day - January 17
President’s Day - February 21
Memorial Day - May 30
Independence Day - July 4
Labor Day - September 5
Veterans’ Day - November 11
Thanksgiving - November 24
Friday after Thanksgiving - November 25
Christmas Eve - December 24
Christmas - December 25
New Year’s Eve - December 31

If the Contractor requests an inspection on a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day is counted as a project working day.

On workdays, Contractor’s activities will be confined to the hours between 7:30 a.m. and 4:00 p.m. Traffic may only be restricted between the hours of 7:30 am and 2:00 pm and subject to the review of the City Manager.
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A. Night Work

Except as otherwise provided in the Technical Specifications or separate permit, City does not permit Work between the hours of 4 p.m. and 7:30 a.m. of the following day.

B. Weekend and Holiday Work

The Public Works Director may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays.

30. COMPLETION AND ACCEPTANCE

The Work will be inspected by the Public Works Director for acceptance upon the Public Works Director receiving the Contractor’s written assertion that the Work is complete.

If, in the Public Works Director’s judgment, the Work is complete and is ready for acceptance, the Public Works Director will accept the Work on behalf of the City in the manner prescribed by the City. Once a Notice of Completion is issued, the Contractor is relieved from responsibility to protect the Work.

All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a minimum period of one year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Public Works Director, after notice to do so from the Public Works Director, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor’s sureties will be liable for the cost thereof.

31. LIQUIDATED DAMAGES

If all the Work is not completed before or upon the expiration of the Contract Time, City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract.

Unless otherwise specified, liquidated damages will be $1,000 per calendar day.

32. DISPUTES AND CLAIMS; PROCEDURE

A. General

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Consistent with PCC §§ 9204 and 10240.6, “Claim” means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Public Works Director, their agents or employees. “Claim” does not mean, and the Claims procedures herein do not apply, to the following:

• Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine.
• Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. • Claims respecting a latent defect, breach of warranty, or guarantee to repair. • Claims respecting stop notices.

If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor’s Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. The requirements of this Section are intended to supplement and implement PCC § 9204, a copy of which is attached for reference.

Accordingly, pursuant to PCC § 9204(f), the parties agree to utilize these Standard Specifications.

B. Form

A Claim must include the following:

• A statement that it is a Claim and a request for a decision.

• A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim.

• If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied.

• A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following:

 If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.

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payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred.

 To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any time period costs are incurred. A cost record will be considered current if submitted within seven calendar days of the date the cost reflected in the record is incurred. At the Public Works Director’s request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis).

• If the Claim involves an error or omission in the Contract Documents:

 An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and

 A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract.

• If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor’s entitlement to a time extension.

• If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor’s entitlement to such an adjustment.

• A personal certification from the Contractor that reads as follows:

“I, , BEING THE (MUST BE AN

OFFICER) OF (CONTRACTOR
NAME),

DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO

PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED

THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT

REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND

FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A

FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES.”

C. Claims Submitted to Public Works Director

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Within 30 calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Public Works Director for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Public Works Director, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents.

D. Claim Is Prerequisite to Other Remedy

The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor’s right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law.

E. Decision on Claims

The Public Works Director will promptly review Claims submitted by the Contractor in accordance with these Standard Specifications. Should the Public Works Director require additional supporting evidence to evaluate the claim, the Public Works Director will request such additional information in writing. Any such requested data will be furnished not later than 10 calendar days after the Contractor receives the Public Works Director’s request.

The Public Works Director will render a decision not later than 30 calendar days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to 60 days. If the Public Works Director fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Public Works Director’s decision will be final and binding unless appealed in accordance with these Specifications.

The Public Works Director’s decision on a Claim will include a statement substantially as follows:

“This is a decision pursuant to the Standard Specifications of your contract. If you are dissatisfied with the decision and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation.

Should you fail to take appropriate action within 30 calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal.”

F. Appeal of Public Works Director’s Decision

Should the Contractor dispute the Public Works Director’s decision, then the Contractor must appeal that decision to the City Manager within 30 calendar days of receiving the Public Works Director’s decision.
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The City Manager will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The City Manager’s decision on the dispute or claim will be the City’s final decision.

If the Contractor disputes the City Manager’s decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 calendar days of the City’s final decision.

G. Mediation

If the City and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association (“AAA”) under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties.

The parties may, but are not required to be, represented by counsel in mediation.

The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City’s right to assert that claim procedures were not followed.

H. Arbitration

If the City and Contractor do not agree to mediation, then disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8.

The exclusive venue for any arbitration will be in Los Angeles County.

The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit.

I. When Arbitration Decision Becomes Binding

The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party’s attorney’s fees and court costs.

J. Appeal to Superior Court; Waiver of Jury Trial

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Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure (“CCP”) §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party.

BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES

TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION,

INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT

DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION. BOTH THE CITY

AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.

33. PREVAILING WAGES

The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor’s responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov , or by calling the Prevailing Wage Unit at (415) 703-4774.

Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor.

Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

• When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 calendar days before the request for certificate, or

• When the number of apprentices in training in the area exceeds a ratio of one to five, or

• When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or

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• When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

34. RECORD OF WAGES PAID: INSPECTION

Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Department of Industrial Relations. If requested by the City, the Contractor will provide copies of the records at its cost.

35. LIABILITY INSURANCE

Contractor must comply with City’s insurance requirements for public works projects which are either adopted by City Council resolution or promulgated by the City Manager, or designee (the “Insurance Matrix”). Contractor will provide endorsements or other proof of coverage for contractual liability in accordance with the Insurance Matrix.

The cost of such insurance will be included in the various items of work in the Contractor’s bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed.

In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged.

Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b).

36. INDEMNIFICATION AND DEFENSE
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In addition to all other provisions of the Contract Documents including, without limitation, the Greenbook, as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans.

The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever.

The Contractor will assume the defense of and indemnify and save harmless the City of Bellflower, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Section will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Section will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City.

The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies. This hold harmless agreement by the Contractor applies to all damages and claims for damages of every kind suffered or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.

No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have.

37. PERMITS

The Contractor will apply for permits required by the City. These permits including, without limitation, a business license, will be issued on a “no-fee” basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations but cannot charge the City an administrative fee for obtaining such permits.

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All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor.

These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed.

38. CLEANUP AND DUST CONTROL

On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type of street sweeper a minimum of once daily.

39. WATERING

Water for dust control caused by Contractor’s operations or the passage of traffic through the work will be applied as necessary or as directed by the Public Works Director. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant, Contractor must contact the appropriate water purveyor to pay deposits and fees. Costs of water to be used will be included in the cost of various bid items.

40. WATER POLLUTION CONTROL

The following requirements are added to establish storm water and urban runoff pollution prevention controls.

Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean-up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system.

Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City’s storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor.

Discharge of concrete transit mixer wash water on to approved dirt areas (sub-grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted.

Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City.

Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties.

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No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain.

All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor’s failure to implement water pollution control measures will be charged to the Contractor.

41. PROTECTION AND RESTORATION OF EXISTING

IMPROVEMENTS

Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor’s operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements.

Relocations, repairs, replacements, or re-establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified.

42. PUBLIC CONVENIENCE AND SAFETY

Unless otherwise specified all traffic control will be performed in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD), Latest Edition.

Building News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474- 7771.

43. TRAFFIC AND ACCESS

The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Public Works Director.

At least one, 12 foot wide, traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Public Works Director. The traffic lanes will be maintained on pavement and will remain unobstructed. All work requiring that a lane be closed, or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards.

Clearances from traffic lanes will be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

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Specifications No. 22/23-07
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One four-foot-wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two) at each location, one at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II and lights will be Type A per the CA MUTCD.

44. STREET CLOSURES, DETOURS, BARRICADES

Street closures will not be allowed except as specifically permitted by the Public Works Director.

The Contractor will prepare any traffic control or detour plans in conformance with the California MUTCD, latest edition that may be required as directed by the Public Works Director. Lane transitions will not be sharper than a taper of 30 to one.

Temporary traffic channelization will be accomplished with barricades or delineators.

Temporary striping will not be allowed unless specifically permitted by the Public Works Director. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Public Works Director. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain.

Where access to driveway or street crossings need to be maintained, minimum 1 1/4- inch-thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Public Works Director.

45. PROTECTION OF THE PUBLIC

It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Public Works Director, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Public Works Director, immediate action will be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Public Works -66-

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Specifications No. 22/23-07
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Director will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Public Works Director may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Public Works Director, may seem reasonable and necessary.

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety.

46. HAZARDOUS MATERIAL

For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Public Works Director, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

After receiving notice from the Contractor, the Public Works Director will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of these Standard Specifications regarding Changed Conditions.

If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor’s cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract.

If the Public Works Director determines that material called to the Public Works Director’s attention by the Contractor is hazardous waste, or if the Public Works Director otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Public Works Director.

47. LUMP SUM WORK

Items for which quantities are indicated as “Lump Sum,” “L.S.,” or “Job” will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all -67-

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Specifications No. 22/23-07
SS-27

costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean-up of site.

Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Public Works Director that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Public Works Director as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component.

This schedule will be the basis for progress payments for the lump sum work.

48. PARTIAL AND FINAL PAYMENTS

The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to City for approval.

When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment and submit it to the Public Works Director for approval.

It will take a minimum of 35 calendar days from the date of approving the Contractor’s invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions.

The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Public Works Director. The City Public Works Director upon field acceptance and receipt of the final as-built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City for acceptance of the work. Not less than 35 calendar days from the City acceptance of the work, the Contractor’s final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub- contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released, and claims are resolved the stop payment/claim amount will be withheld from the final payment.

The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value.
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Standard Specifications
Specifications No. 22/23-07
SS-28

At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract.

Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account.

The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor’s own expense and will include costs incurred by the City to accommodate the Contractor’s request.

Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work.

A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City’s ability to draw from this fund, are conditions precedent to City’s obligation to make payments to Contractor.

49. DELIVERED MATERIALS

Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments.

50. TERMINATION OF AGENCY LIABILITY

Before receiving final payment, the Contractor will execute a “Release on Contract” form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as in these Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims.

- END OF SECTION
-69-

Standard Specifications Specifications No. 22/23-07 SS-29 -70-

§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 © 2021 Thomson Reuters. No claim to original U.S. Government Works.1 West's Annotated California Codes
Public Contract Code (Refs & Annos)
Division 2. General Provisions (Refs & Annos)
Part 1. Administrative Provisions (Refs & Annos)
Chapter 9. Claims and Disputes (Refs & Annos)
West's Ann.Cal.Pub.Con.Code § 9204
§ 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process Effective: January 1, 2020
Currentness
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public -71-

§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 © 2021 Thomson Reuters. No claim to original U.S. Government Works.2 authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
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§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 © 2021 Thomson Reuters. No claim to original U.S. Government Works.3 (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable -73-

§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 © 2021 Thomson Reuters. No claim to original U.S. Government Works.4 documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.

Credits
(Added by Stats.2016, c. 810 (A.B.626), § 1, eff. Jan. 1, 2017. Amended by Stats.2019, c. 489 (A.B.456), § 1, eff. Jan. 1, 2020.) Editors' Notes
REPEAL

West's Ann. Cal. Pub. Con. Code § 9204, CA PUB CONT § 9204 Current with urgency legislation through Ch. 13 of 2021 Reg.Sess End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. -74-

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14-I
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 approve the Minutes of the January 23, 2023, Regular Meeting of the City Council.

DATE: February 13, 2023

EXECUTIVE SUMMARY

None

RECOMMENDATION TO CITY COUNCIL

1) Approve the January 23, 2023, Regular Meeting Minutes; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

None

ATTACHMENT

Minutes of the January 23, 2023, Regular Meeting… ................. ………………………… 2

-1-

MINUTES

CITY OF BELLFLOWER

REGULAR MEETING OF THE

BELLFLOWER CITY COUNCIL

AND BELLFLOWER FINANCING AUTHORITY

MONDAY, JANUARY 23, 2023

BELLFLOWER CITY HALL
5:00 P.M. OUTGOING MAYOR’S CEREMONY – GREEN ROOM
7:00 OPEN & CLOSED SESSIONS – COUNCIL CHAMBERS
CITY denotes City Council items
BFA denotes Bellflower Financing Authority items

PUBLIC PARTICIPATION

The City Council Chambers was open to the public. Per the Los Angeles County Health Officer Order effective March 4, 2022, it was recommended, but not required, to wear a face covering when inside Bellflower City Hall.

5:00 P.M. – OUTGOING MAYOR’S CEREMONY

1 Call to Order

Mayor Santa Ines called the Regular Meeting to order at 5:02 p.m. in the Green Room.

2 Roll Call

For the record, the following Members of the City Council were present:

Mayor Sonny R. Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez

For the record, Mayor Pro Tem Raymond Y. Hamada was absent.

3 Invocation

Jared Koops offered the Invocation.

Page 1 of 13 ends

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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 4 January 23, 2023 Page 2 of 13

4 Pledge of Allegiance

Mitch Haack, Parks & Recreation Commissioner, led the assembly in the Pledge of Allegiance.

5 Presentations to Outgoing Mayor Ray Dunton

Mayor Santa Ines detailed the many accomplishments during Ray Dunton’s term as Mayor and introduced a video in tribute to him from the City Council, professional colleagues, friends, and family.

In recognition of Ray Dunton’s commitment and contributions to the City of Bellflower during his term as the 65th Mayor, 1) Mayor Santa Ines presented him with a personalized Gavel Plaque that includes the gavel with which he presided over meetings and a Commemorative City Coin; 2) Council Member Koops presented him with a 50th anniversary limited edition replica of the Squad 51 vehicle from the television show Emergency!; and 3) Council Member Sanchez presented him with a photo frame that will be signed by friends and colleagues congratulating him on his year as Mayor.

Captain Dan Holguin, Lakewood Sheriff’s Substation, on behalf of Sheriff Robert Luna, extended his appreciation for Ray Dunton, stating that his distinguished service to the citizens of Bellflower and the Lakewood Sheriff’s Substation personnel was greatly appreciated, his leadership fostered a collaborative working relationship ensuring safety to Bellflower, and his commitment to public safety was valued.

Chief Myron Johnson, Los Angeles County Sheriff’s Department, stated that 1) the great things occuring in Belllfower were a testament to the great leadership and collective synergy of those working on the City Council; and 2) Sheriff Luna could not attend due to the events that occurred over the weekend, but that he and Captain Holguin were there to represent the Los Angeles County Sheriff’s Department.

Lauren Yokomizo, Field Deputy for County Supervisor Janice Hahn, on behalf of Supervisor Hahn, recognized Ray Dunton for his leadership and extended an appreciation for all that he has done for the residents of Belflower, his dedication to the homeless, and continued partnership with the New Hope Shelter.

Brad Crifield, Bellflower Unified School District (BUSD) Board Member, 1) stated that BUSD appreciates all Ray Dunton has done and his continued partnership; and 2) introduced Board President Renita Armstrong and Student Board Member Christopher Mendoza who were also in attendance.

Dr. Ben Drati, BUSD Superintendent, 1) stated that this was his first introduction to Ray Dunton and his third week at BUSD; and 2) noted that he loved everything he saw, heard many great things about Ray Dunton and the City overall, and was looking forward to having a strong partnership.
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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 5 January 23, 2023 Page 3 of 13

5 Presentations to Outgoing Mayor Ray Dunton – Continued

Jeff Smith, Bellflower Chamber of Commerce President, 1) thanked Ray Dunton for his leadership and all Council Members for working with the Chamber of Commerce and expressed that he was looking forward to working with Mayor Santa Ines and rest of the City Council in the coming year; and 2) presented a check for the Kiwanis Foundation.

Nandy Santana, District Representative for Senator Bob Archuleta, on behalf of Senator Archuleta, 1) presented a certificate recognizing Ray Dunton’s hard work as Mayor by providing guidance and a sense of community in Bellflower; and 2) remarked on his innovative and creative leadership in finding the best solutions to benefit the community, congratulating him on a job well done.

Carlos Figueroa, The Salvation Army Bellflower Corps, accompanied by Manual Martinez, presented Ray Dunton with a plaque for his leadership and recognized him for the wonderful work he has done for the City of Bellflower.

Jason Robertson, Acting Assistant Fire Chief, Los Angeles County Fire Department, on behalf of the Los Angeles County Fire Department and accompanied by LaFonda Riggins, Community Services Liaison for the Los Angeles County Fire Department, 1) stated that it was an honor and privilege to be part of the Outgoing Mayor’s Ceremony; and 2) presented Ray Dunton with a certificate of commendation, recognizing him for his dedicated service, contribution, and positive legacy.

Dr. Jose Fierro, President of Cerritos College, on behalf of the Cerritos College Board of Trustees, presented a certificate in grateful appreciation of Ray Dunton’s dedication, leadership, and partnership in education with Cerritos College.

Gabby Ballesteros, Field Representative for Assembly Speaker Anthony Rendon, on behalf of the California State Assembly and the 62nd Assembly District, 1) provided a certificate of recognition for the 2021-2022 cycle, stating that Ray Dunton’s involvement with the community shows a dedicated commitment to making Bellflower a great place; and 2) wished him the best in his future endeavors.

Former Mayor Dunton 1) expressed gratitude towards his wife, Dawn, and stressed how important it is to have friends and family to rely on; 2) stated his amazement at how many people he has come across and helped as a public servant, noting that the accomplishments were more rewarding when there are residents and friends that believe in you; 3) stated his amazement at how much can be accomplished with everyone around you; 4) thanked everyone for attending and presenting; 5) thanked staff, noting that the City has a lot of structure and finished last year with the best financial year yet, due to great staff; 6) stated that Bellflower has had a long, hard road, but is now in the best shape, there is a lot more to come, and it is very rewarding to be here; and 7) stated that a lot of little things are spoken about the City, which added together really illustrates that Bellflower is a special place.
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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 5 January 23, 2023 Page 4 of 13

Recess: Without objection, Mayor Santa Ines recessed the meeting at 5:46 p.m., noting that the meeting would reconvene at 7:00 p.m. in the Council Chambers to conduct the business portion of the meeting.

7:00 P.M. – OPEN SESSION & CLOSED SESSION

6 Reconvene to Open Session

Mayor Santa Ines reconvened the meeting at 7:01 p.m. in the Council Chambers.

The following Members of the City Council responded present to roll call:

Mayor Sonny R. Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez

For the record, it was moved by Council Member Sanchez, seconded by Council Member Koops, and carried without objection to excuse the absence of Mayor Pro Tem Hamada.

Staff Participants:

Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager/Director of Public Works Elizabeth Oba, Director of Planning & Buidling Services Jason Phillip Clarke, Senior Planner
Travis Sais, Assistant to the City Manager
Jennifer Poole-Eidd, Management Assistant

7 City Council Announcements & Presentations

A City Council Announcements

Mayor Santa Ines provided details relative to the 37 Oaks ten course certified program to assist local product-based merchants, as well as the Asociación Emprendedor@s program which, is available to Spanish speaking Bellflower business owners.

Council Member Dunton provided details to the Fair Housing Foundation’s Workshop to be held on January 25, 2023, for attorneys, realtors, landlords and management companies which will discuss statewide and federal housing laws. -5-

Bellflower City Council and Bellflower Financing Authority Minutes Item No. 7 January 23, 2023 Page 5 of 13

7 City Council Announcements & Presentations – Continued

A City Council Announcements – Continued

Council Member Koops provided details relative to the Chamber of Commerce’s next Monthly Morning Mingle to be held on January 31, 2023.

Council Member Sanchez provided details relative to Bellflower Farmers Market located at the Town Center Plaza and held on Mondays from 3:00 p.m to 7:00 p.m.

B National Law Enforcement Appreciation Day Proclamation ________________________________

Mayor Santa Ines and his City Council colleagues announced that the City of Bellflower declared January 9, 2023, as National Law Enforcement Appreciation Day and presented a Proclamation to Lakewood Sheriff’s Station Captain Dan Holguin.

8 Public Comments

For the record, written public comments were received from Malik Tariq Mahmood prior to the start of the meeting, which were provided to the City Council and made available to the Public.

Lee Squire 1) thanked the Mayor and City Council for recognizing law enforcement; 2) presented Captain Holguin with the thin blue flag expressing that it represents honor, courage, and sacrifice; and 3) presented Captain Holguin with a poster he created with a graphic designer entitled, “ Faith, Family and Freedom.”

Christopher Mendoza, BUSD Student Board Member, addressed the City Council regarding 1) the Carpenter House Museum located at Caruthers Park, stating that a) he and fellow Mayfair High School History Club members met with City Manager Jeffrey Stewart and looked forward to hopefully cooperating with the City in a digitization program; b) the History Club sent a letter requesting approval of a digitization program in which they would scan photographs, maps, letters, newspaper clippings and other materials in the building and upload the images onto a website that would be hyperlinked to the City’s website; and c) their ultimate objective is to give residents free access to local history; and 2) expressed public safety concerns with Simms Park, indicating a) that he was a former staff member at that facility and employees were concerned with the lack of surveillance at the park, as it posed a security issue, especially at sundown; b) details of an incident that occurred a month prior where an individual was detained at gunpoint by law enforcement on the field and staff had been alarmed; and c) he was requesting that the City Council review the budget in the spring to perhaps allocate funding towards improving surveillance at the parks.

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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 8 January 23, 2023 Page 6 of 13

8 Public Comments – Continued

In response to comments provided by Christopher Mendoza, 1) City Manager Stewart confirmed that he had met with the History Club and an item was forthcoming on the next agenda; and 2) Mayor Santa Ines stated that Simms Park would be undergoing extensive renovations, including a Youth and Senior Center Project, and surveillance improvements would be a part of that project.

Victoria Ocampo, resident, 1) addressed the City Council to express public safety concerns for the vicinity of the intersection of Park Street and Ardmore Avenue, stating that 1) it is a very busy traffic area and the street only has one stop sign right after the traffic light; 2) the location was susceptible to street takeovers, but law enforcement’s response to the neighborhood’s concerns has been that there were too many cars to be able to take any enforcement action; 3) the stop signs were not being respected, which was a concern for children and pedestrians in the neighborhood; and 4) she requested a review of the budget, in hopes of installing dips throughout the street, noting that adjacent areas that had dips garnered more respect for their stop signs.

Ed Carranza, resident, 9600 block of Park Street, echoed the concerns of the previous speaker, adding that 1) he has grandchildren that cannot go in the front yard because Park Street is like a raceway; and 2) Council Member Sanchez discussed the matter with area residents to facilitate finding solutions to the matter, such as a roundabout or installation of dips.

Carol Olson, resident, shared similar sentiments about the traffic concerns in the area of Park Street and Ardmore Avenue, adding that 1) she has been a long-time resident of Bellflower and had worked at Dr. Crailing’s office; and 2) she witnessed things that were unacceptable and was looking for a solution to the traffic concerns in the neighborhood, such as dips or a roundabout.

In response to comments provided by the residents of Park Street and Ardmore Avenue, Mayor Santa Ines directed Director of Public Safety Hockman to look further into the issue and requested that Sheriff’s Captain Holguin, who was present, do so as well.

For the record, Council Member Sanchez stated that he and Director of Planning and Buidling Services Oba met with Victoria Ocampo and other constituents in the neighborhood who expressed these same concerns and that an officer from Public Safety was dispatched to surveil the area after that meeting.

Darlene Palacios, resident, 1) thanked the City Council for their service to the City; 2 ) stated that the tree lighting ceremony was a wonderful event; 3) sought confirmation of the scheduled painting of the crosswalk at the intersection of Rose Street and Clark Avenue slated for February 1st; and 4) inquired as to the allocation of the $500,000 in funding granted by Los Angeles County Board of Supervisor Janice Hahn for the operation of the New Hope Shelter.
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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 8 January 23, 2023 Page 7 of 13

8 Public Comments – Continued

At the request of Mayor Santa Ines, Assistant City Manager/Director of Public Works Gorecki 1) confirmed that the crosswalk painting was tentatively scheduled for the week of February 1st, provided that there were not any weather delays and noting that Public Works staff would attempt to complete the work ahead of schedule; and 2) expressed the possibility of future consideration by the City Council relative to the installation of flashing beacons.

In response to Darlene Palacios’ question relative to funding for the New Hope Shelter, Mayor Santa Ines 1) stated that the funding granted by Los Angeles County Board of Supervisor Hahn was to assist in funding the operation of the New Hope Shelter; and 2) explained that the City allocates approxiamtely $2.2 million for operating costs and that the funding was requested to help fund the operation of the shelter; therefore, the $500,000 would be deducted from the $2.2 million spent from the General Fund.

9 Public Hearings

A Consideration and possible action to 1) conduct a public hearing to consider an application from Samir Hijazi of Archissance to approve a Development Review, a Tentative Map, a Zone Change, and a Site Design Review; 2) adopt Resolution No. 23-03 – A Resolution approving Development Review Case No. DR-5-22-13065 to allow the construction of eight, two-story, single-family residences with attached garages; Tentative Map No. 83812 to allow the subdivision of a 41,174-square foot lot into eight lots; and Site Design Review Case No. SDR 22-01 to allow flexibility of the development standards on property located at 10343-10351 Mapledale Street; and 3) read by title only, waive further reading, and introduce Ordinance No. 1423 – An Ordinance approving a Zone Change (ZC 22-02) from R-1 (Low Density Residential Zone) to R-1 PD (Low Density Residential Planned Development Overlay District) on property located at 10343-10351 Mapledale Street and amending the zoning map. [CITY]

CEQA: The actions in adopting the Resolution and Ordinance are exempt from environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines § 15532, Class 32 (In-Fill Development Projects). The proposed Project consists of an in-fill development that is consistent with the applicable general plan designation, general plan policies as well as with the applicable zoning designation and regulations. The Project Site is less than five acres, surrounded by urban uses and has no value as habitat for endangered, rare, or threatened species. The Project would not result in significant effects related to traffic, noise, air quality, or water quality and it can be adequately served by all required utilities and public services. Furthermore, it can be seen with certainty that no special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on the environment.
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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 9 January 23, 2023 Page 8 of 13

9 Public Hearings – Continued

A Consideration and possible action to 1) conduct a public hearing to consider an application from Samir Hijazi of Archissance to approve a Development Review, a Tentative Map, a Zone Change, and a Site Design Review; 2) adopt Resolution No. 23-03; and 3) read by title only, waive further reading, and introduce Ordinance No. 1423 – Continued

City Manager Stewart introduced the item and read by title Ordinance No. 1423.

Senior Planner Clarke 1) provided a PowerPoint Presentation of the Staff Report; and 2) along with Director of Planning and Building Services Oba, City Attorney Berger, and City Manager Stewart, responded to Council Members’ questions.

Following discussion, it was moved by Council Member Dunton, seconded by Council Member Sanchez, and carried without objection, to open the public hearing.

Applicant Samir Hijazi 1) at the request of Council Member Sanchez, stated that he would not be opposed to detailing the common areas in the resolution, but mentioned that the Covenants, Conditions and Restrictions (CC&Rs) needed to be be reviewed and approved by the City; and 2) at the request of Mayor Santa Ines, stated that they could implement a “no guest parking on trash day” rule to alleviate concerns surrounding trash collection at the development.

For the record, Council Member Sanchez encouraged the developer to double-check the Homeowners Association (HOA) fees to ensure there was enough funding to maintain the property.

At the request of Council Member Sanchez, Director Oba confirmed that prior to permit issuance and occupancy the Applicant is required to submit draft CC&Rs for staff and the City Attorney’s office review to ensure that all conditions are included.

Maria Shahid, resident, expressed concern for parking availability with the new development, as the area is a parking permit district, and requested the contact person for the project, in the event she has concerns during the construction period.

In response to Maria Shahid’s comments, Mayor Santa Ines suggested she keep in contact with the developer during the construction period, noting to please contact the City Manager’s office if she did not receive a response.

Mohammed Azzam, property owner and developer, 1) stated that his contact information is posted at the development for anyone who may have questions; and 2) at the request of Mayor Santa Ines, stated that the construction period is estimated to be approximately ten months to one year.
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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 9 January 23, 2023 Page 9 of 13

9 Public Hearings – Continued

A Consideration and possible action to 1) conduct a public hearing to consider an application from Samir Hijazi of Archissance to approve a Development Review, a Tentative Map, a Zone Change, and a Site Design Review; 2) adopt Resolution No. 23-03; and 3) read by title only, waive further reading, and introduce Ordinance No. 1423 – Continued

Following discussion, there being no one else in attendance wishing to present testimony, it was moved by Council Member Koops, seconded by Council Member Sanchez, and carried without objection, to close the public hearing.

Following discussion, it was moved by Council Member Koops, seconded by Council Member Sanchez, and carried by the following roll call vote, to 1) read by title only, waive further reading, and introduce Ordinance No. 1423; and 2) adopt Resolution No. 23-03, as amended to revise the following in the Conditions of Approval No. 26: Covenants, Conditions, and Restrictions (CC&Rs) and Homeowners’ Association (HOA) are required for the project. The CC&Rs must be in conformance with all requirements pursuant to the Bellflower Municipal Code (BMC) and address maintenance by all unit owners of all common areas on the property, including the driveway, perimeter walls, lighting, parking areas, and landscaping:

AYES: Council Members - Koops, Sanchez, Dunton, and
Mayor Santa Ines
ABSENT: Council Member - Hamada

10 Ordinances and Resolutions for Consideration

None

11 Consideration Items

A Consideration and possible action to 1) adopt Resolution No. 23-05 – A Resolution to adjust the meeting stipends for the various City Commissions and superseding Resolution No. 99-98; and 2) discuss and provide direction regarding the manner in which members of the City Council appoint members of the Planning, Parks and Recreation and Public Safety Commissions. [CITY]

1) City Manager Stewart introduced the item; 2) provided a brief verbal report of the Staff Report, noting that the item was prompted by two ministerial requests by two different Council Members; and 3) along with City Clerk Ochiqui, responded to Council Members’ questions.

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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 11 January 23, 2023 Page 10 of 13

11 Consideration Items – Continued

A Consideration and possible action to 1) adopt Resolution No. 23-05; and 2) discuss and provide direction regarding the manner in which members of the City Council appoint members of the Planning, Parks and Recreation and Public Safety Commissions – Continued

Chrissy Padilla Birkey, Planning Commission Applicant, 1) stated that while she understood the need for this type of conversation, the timing was unfortunate because of the current Planning Commission vacancy, expressing the opinion that it is an important commission; 2) expressed the opinion that it was important to have access to the City at-large because of the different skill sets needed for the various commissions and restricting applicants to one district could prohibit the City from having the best candidates for the position; 3) stated that she was advocating for herself, as she is very interested in the current vacancy, has a deep interest in urban planning and zoning, and attended the Planning Commission meetings in an appreciation for how zoning impacts people’s lives; 4) stated that she attended graduate school at Boston University and graduated top of her class, as well as winning the Award of Excellence for the City Planning Department; 5) stated that she hoped the City Council would consider leaving the appointment process “as is;” 6) expressed the opinion that the Planning Commission could benefit from a young female perspective; and 7) noting his absence, stated that she would like to hear input from Mayor Pro Tem Hamada on the matter.

Following discussion, it was moved by Council Member Dunton, seconded by Council Member Koops, and carried by the following roll call vote to adopt Resolution No. 23-05:

AYES: Council Members - Koops, Sanchez, Dunton, and
Mayor Santa Ines
ABSENT: Council Member - Hamada

Following discussion, it was the consensus of the City Council to direct staff to defer the matter pertaining to the manner in which the City Council appoints commissioners for further discussion, so that Mayor Pro Tem Hamada can be included.

12 Consent Calendar

For the record, 1) Council Member Koops announced that he would recuse himself from Item 12-K (Simms Park Stormwater Capture Project) as he owns property within 500 feet of the subject property; and 2) Mayor Santa Ines pulled Item 12-L (Travel Report - California Contract Cities Association, 2023 Sacramento Legislative Tour) for comment only.

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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 12 January 23, 2023 Page 11 of 13

12 Consent Calendar – Continued

With regard to Item 12-L (Travel Report - California Contract Cities Association, 2023 Sacramento Legislative Tour), Mayor Santa Ines stated that 1) the trip to Sacremento with Mayor Pro Tem Hamada and Council Member Sanchez was productive; 2) the event was sponsored by the California Contract Cities Association, the main topics were public safety and housing, and there were great presenters; 3) they met with Bellflower’s representatives, such as Assembly Speaker Anthony Rendon and State Senator Bob Archuleta, as well as Assembly Member Blanca Pacheco; 4) he submitted a proposed amendment to the penal code to Senator Archuleta directly months prior to the event and was impressed to learn that the proposed language of the amendment was ready; and 5) lastly, stated that he felt the trip had a significant benefit to the City.

It was moved by Council Member Koops, seconded by Council Member Sanchez, and carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:

AYES: Council Members - Koops, Sanchez, Dunton, and
Mayor Santa Ines
ABSENT: Council Member - Hamada

A Consideration and possible action to receive and file City Council Warrant Register No. 23-072, dated January 23, 2023. [CITY] __________ Action: Received and filed Warrant Register No. 23-072.

B Consideration and possible action to receive and file the Treasurer’s Report for the Month of December 2022. [CITY] _________
Action: Received and filed Treasurer’s Report.

C Consideration and possible action to receive and file Bellflower Financing Authority’s audited financial statements for the fiscal year ended June 30, 2022. [BFA] _____
Action by Bellflower Financing Authority: Received and filed Bellflower Financing Authority’s audited financial statements.

D Consideration and possible action to authorize the City Manager to execute Agreement File No. 690.5, in a form approved by the City Attorney, with Daniella Carter, dba Pretty Smart, for various design professional projects as determined by individual task order. [CITY]
Action: Authorized the City Manager to execute Agreement File No. 690.5, in a form approved by the City Attorney.

E Consideration and possible action to receive and file Lease Agreement File No. 982 with Millennial Threadz LLC for lease of property at 16552 Bellflower Boulevard, identified as Kiosk B. [CITY]
Action: Received and filed Lease Agreement File No. 982.

F Consideration and possible action to authorize the City Manager to execute Agreement File No. 39.2 with Southern California Edison Company (SCE), in a form approved by the City Attorney, for the use of SCE right-of-way for park and public recreation purposes as Constitution Park. [CITY] Action: Authorized the City Manager to execute Agreement File No. 39.2, in a form approved by the City Attorney.
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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 12 January 23, 2023 Page 12 of 13

12 Consent Calendar – Continued

G Consideration and possible action to authorize the City Manager to execute Amendment No. 5 to Agreement File No. 311.2 with KJServices Environmental Consulting, LLC, in a form approved by the City Attorney, to extend the term and modify the compensation for the Administration and Coordination of the Used Oil Recycling Program and Beverage Container Recycling Program. [CITY]_________________________________________ Action: Authorized the City Manager to execute Amendment No. 5 to Agreement File No. 311.2, in a form approved by the City Attorney.

H Consideration and possible action to adopt Resolution No. 23-04 – A Resolution awarding a contract for purchase and installation of catch basin connector pipe screens (City Project No. 22/23-03) pursuant to Government Code § 830.6 and authorizing the City Manager to execute Agreement File No. 983, in a form approved by the City Attorney, with G2 Construction, Inc. without the need for California Public Contract Code bidding as otherwise required by the Bellflower Municipal Code. [CITY]______________________ CEQA: The proposed agreement with G2 consists of the purchase and installation of catch basin inserts, which involves negligible or no expansion of an existing use.

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 installation of catch basin inserts in County-owned catch basins is categorically exempt from CEQA based upon a Class 1 exemption.

Action: Adopted Resolution No. 23-04.

I Consideration and possible action to approve the Minutes of the January 12, 2023, Adjourned Regular Meeting of the City Council. [CITY] Action: Approved the January 12, 2023, Adjourned Regular Meeting Minutes.

J Consideration and possible action to authorize the City Manager to execute Addendum No. 2 to Transfer Agreement No. 2020RPLSGR02 (Agreement File No. 887), in a form approved by the City Attorney, with the Los Angeles County Flood Control District for the Safe, Clean Water Program – Regional Program Funds. [CITY]_________________________________________ Action: Authorized the City Manager to execute Addendum No. 2 to Agreement File No. 887, in a form approved by the City Attorney.

K Consideration and possible action to authorize the Mayor to execute Transfer Agreement No. 2022RPLSGR01 (Agreement File No. 916.1), in a form approved by the City Attorney, with the Los Angeles County Flood Control District for the Safe, Clean Water Program – Regional Program Funds for the construction of the Simms Park Stormwater Capture Project. [CITY]_________________________________________
Action: Authorized the Mayor to execute Agreement File No. 916.1, in a form approved by the City Attorney.

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Bellflower City Council and Bellflower Financing Authority Minutes Item No. 12 January 23, 2023 Page 13 of 13

12 Consent Calendar – Continued

L Consideration and possible action to receive and file Official Travel Report – California Contract Cities Association, 2023 Sacramento Legislative Tour, January 9 – 11, 2023 (Pursuant to AB 1234). [CITY]
Action: Received and filed Official Travel Report for the California Contract Cities Association, 2023 Sacramento Legislative Tour.

13 Council Reports

Council Member Sanchez, Council Member Dunton, Council Member Koops, and Mayor Santa Ines made various comments and reports.

For the record, without objection, Council Member Koops requested the meeting be adjourned in memory of former Mayor and Council Member Clyde Wilson.

14 Recess to Closed Session

None

15 Reconvene to Open Session

None

16 Adjournment

Without objection, Mayor Santa Ines adjourned the meeting at 9:13 p.m., in memory of former Mayor and Council Member Clyde Wilson, to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, February 13, 2023.

Sonny R. Santa Ines, Mayor
City of Bellflower

Attest:

Mayra Ochiqui, City Clerk
Approved: February 13, 2023
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Development Impact FeesCity Council MeetingFebruary 13, 2023

Quick Recap• City Council Study Session on September 13, 2021• Current DIF Fees - Park and Public Facilities Fees• Addition of Public Safety and Transportation Facilities Fees in the Willdan Study• Subcommittee Meeting on May 9, 2022• One-time fees imposed on new developments to ensure that capital costs associated with growth are funded.• Impact fee revenue must be spent on new facilities or expansion of current facilities to serve the new development.

Items CostSubstation$9,200,000 Cost only includes construction, furnishings and equipment estimated over an 18-year planning horizon (Year 2040)Public Safety Vehicles 317,526 11 City-owned vehicles and a trailerElectronic Surveillance Equipment205,000 Simms, Thompson, Caruthers and Constitution ParksLicense Plate Reader Cameras, Radios and Vests126,742 Existing inventoryTotal Cost$9,849,268• Weighing factors: each worker - 4.7; each resident - 1.0. PUBLIC SAFETY FACILITIES FEES• Planned Facilities and Existing Inventory

Existing Transportation Facilities InventoryCostRoadways $65,579,210Curbs and Gutters 72,758,400Sidewalks 14,744,688Drive Aprons 16,028,203Curb Ramps 7,756,818Signals 25,900,000Streetlights 1,323,000Total Replacement Cost$204,090,319TRANSPORTATION FACILITIES FEES• Inventory

Existing Public Facilities (General Government) Inventory ValueCity Hall* $16,965,030City Yard* 10,782,015The Mayne Events Center and Fire Museum* 11,788,635Regional Transit Center and Parking Structure* 13,537,225Vehicles & Equipment 2,502,818Total Facilities$55,575,723*Value includes the cost of land and buildings

Special Use Facilities Inventory ValueSimms Park Social Hall, Gymnasium, Concession Facility and Outdoor Fitness Center $12,488,950Caruthers Park Activity Building, Concession Facility and Outdoor Fitness Center 2,628,500Aquatic Center and Two Pools 12,731,250Thompson Park Gymnasium and Announcer's Building/Ballfield Stands 5,604,760Park Maintenance Garages and Shops 799,570Vehicles and Equipment 253,021Total Special Use Facilities Inventory$34,506,051Improved Park Acres 69.64Special Use Facilities per Improved Park Acre $495,492Cost Per AcreSpecial Use Facilities $495,492Standard Park Improvements 440,000Land Acquisition 2,630,000Total Cost per Acre $3,565,492Parkland standard: 2.5 acres per 1,000 residents

AB 602 – Latest changes to laws on DIFs • Effective January 1, 2022, but some provisions effective on July 1, 2022• Requires the fees to be charged per square footage; City’s current residential DIFs are charged per dwelling unit. • Establishes new transparency requirements, guidelines for nexus studies, and public comment procedures for new or increased impact fees• Nexus studies must be updated every eight years• Adopt a capital improvement plan as part of any nexus study

Facilities Fees Calculation and Proposed FeesApproach / MethodologyTotal Estimated Cost of FacilitiesCost Per Unit of Demand (Capita / Trip)New Development Unit Fee (Residential / Nonresidential)Per Square FootLand UsePublic Facilities (General Gov’t) FeesParks and Recreation Facilities FeesPublic Safety Facilities Fees(New Fee)Transportation Facilities Fees(New Fee)TotalSingle Family(Current Fees)1$1.64$1.01 ↑ 62% $21.50 $15.60 ↑ 38%$0.13 $4.90 $28.17 $16.61 ↑ 70% Multi-Family(Current Fees)1$1.96 $1.19 ↑ 65% $25.73 $18.29 ↑ 41% $0.16 $3.93 $31.78$19.48 ↑ 63% Commercial(Current Fees)$0.45$0.19 ↑ 137% N/A $0.55 $8.66 $9.66 $0.19 ↑ 4,984% Office(Current Fees)$0.70 $0.23 ↑ 204% N/A $0.85 $10.97 $12.52$0.23 ↑ 5,343% Industrial(Current Fees)$0.25 $0.09 ↑ 178% N/A $0.30 $5.17 $5.72 $0.09 ↑ 6,256% 1Public and park facilities residential fees are currently charged per dwelling unit. For the ease of comparison, the dwelling unit fees have been converted into per square foot fees using the average size of single-family (1,400 sq. ft.) and multi-family (1,000 sq. ft.) homes in Bellflower.

Single and Multi-Family DIF Calculation ExamplesFacilities FeesMaximum Fees Per Sq. Ft.Current Fees Per Dwelling UnitTotal Fee IncreasePercentage of the Max Fees Adjusted FeeTotal Fee IncreasePublic Facilities $2,296 $1,416 $880100% $39,438 $16,183Parks 30,100 21,839 8,26190% $35,494 $12,239Public Safety 182 - 18280% $31,550 $8,295Transportation 6,860 - 6,86070% $27,607 $4,352Total Single Family Fees $39,438 $23,255 $16,18360% $23,663 $40859% $23,255 $-Facilities FeesMaximum Fees Per Sq. Ft.Current Fees Per Dwelling UnitTotal Fee IncreasePercentage of the Max Fees Adjusted FeeTotal Fee IncreasePublic Facilities $1,960 $1,185 $775100% $31,780 $12,307Parks 25,730 18,288 7,44290% $28,602 $9,129Public Safety 160 - 16080% $25,424 $5,951Transportation 3,930 - 3,93070% $22,246 $2,773Total Multi-Family Fees $31,780 $19,473 $12,30761% $19,473 $-1,400 Square Feet Development – Single Family Home1,000 Square Feet Development – Multi-Family Home

Commercial DIF Calculation ExampleFacilities FeesMaximum Fees Per Sq. Ft.Current Fees Per Sq. Ft.Total Fee IncreasePercentage of the Max Fees Adjusted FeeTotal Fee IncreasePublic Facilities $1,125 $475 $650100% $24,150 $23,675Public Safety 1,375 - 1,37590% $21,735 $21,260Transportation 21,650 - 21,65080% $19,320 $18,845Total Commercial Fees $24,150 $475 $23,67570% $16,905 $16,43060% $14,490 $14,01550% $12,075 $11,600Typical 2,500 square feet single tenant fast-food store in Bellflower

Agency Name Public/ Gen. Gov’tParks and RecreationPublic Safety Transportation Other* TotalCity of BellflowerSingle Family $ 2,296 $ 30,100 $ 182 $ 6,860 $ - $ 39,438Multi-family 1,960 25,730 160 3,930 - 31,780Commercial 1,125 - 1,375 21,650 - 24,150City of ArtesiaSingle Family $ 5,495 $ 12,052 $ - $ 3,020 $ 7,779 $ 28,346Multi-family 4,087 8,965 - 2,024 5,537 20,613Commercial 2,803 - - 11,743 2,068 16,614City of DowneySingle Family $ - $ 500 $ - $ - $ - $ 500Multi-family - 380 - - - 380Commercial ------*Other column includes various types of development impact fees such as fire, community center/aquatic, sewer, storm drain, water capital improvement, library, etc.

Agency Name Public/ Gen. Gov’tParks and RecreationPublic Safety Transportation Other* TotalCity of Paramount (assumes area of development is in a Multiple Residential or Planned Development with Performance Standards zones for park fees, and fire flow requirement of 0 to 750 g pm per 2 hours for water capital improvement fees )Single Family(3 bedrooms)$ - $ 1,000 $ - $ - $ 1,320 $ 2,320Multi-family(3 bedrooms)- 1,000 - - 1,320 2,320Commercial(fast-food with 30 seats in a 32,000 sq. ft. lot)- - - - 1,332 1,332 City of WhittierSingle Family $ 963 $ 5,667 $ - $ - $ 1,063 $ 7,693Multi-family 803 4,728 - - 886 6,417Commercial - - - - - -City of Cypress (transportation includes regional traffic improvement fees)Single Family $ - $ 23,421 $ - $ 647 $ - $ 24,068Multi-family - 23,421 - 552 - 23,973Commercial - - - 51,125 - 51,125

Agency Name Public/ Gen. Gov’tParks and RecreationPublic Safety Transportation Other* TotalCity of Long BeachSingle Family $ - $ 4,613 $ 703 $ 1,125 $ 496 $ 6,937Multi-family - 3,563 537 1,125 378 5,603Commercial - - 1,105 7,500 668 9,273 City of Lakewood (assumes land cost is $60.38 per sq. ft., 8 single family units per acre and 22 multi-family units per acre; This fee only applies to residential development occurring in subdivisions)Single Family $ - $ 15,774 $ - $ - $ - $ 15,774Multi-family - 12,257 - - - 12,257Commercial ------City of Cerritos does not have any development impact fees.Single Family $ - $ - $ - $ - $ - $ -Multi-family ------Commercial ------

Estimated Annual Revenue Increase – Fiscal ImpactFacilities Fees Estimated Annual Revenue IncreasePublic Facilities / General Government $15,000Parks and Recreation 105,000Public Safety10,000Transportation192,000Total Estimated Annual Revenue Increase –Facilities Fees$322,000

Development Impact Fees (DIFs) Ordinance and Proposed Ordinance Amendments•Repeal the existing DIF Chapter 3.24 and add a new consolidated Chapter 3.40 for all four DIFs. •Repeal BMC 3.36.060, Determination of Fair Market Value Remove the option to use an appraisal report to determine the amount of Park Facilities Fees due.•Repeal BMC 3.36.020, Reduction of Fees for Second Dwelling Unit (Recapture of the Reduced Fees with the Third Dwelling Unit)Remove the language that provides the second unit a 50% discount and the requirement to recover the discounted fee in the event a third unit is constructed.

Recommendation to the City Council:• Open the public hearing; take documentary and testimonialevidence; and after considering the evidence, adopt ResolutionNo. 23-06 adjusting existing and adding new developmentimpact fees; and• Read by title only, waive further reading, and introduceOrdinance No. 1424 to impose development impact fees forpublic, park, public safety, and transportation facilities byrepealing BMC Chapter 3.24 and Sections 3.36.020 and3.36.060 and adding a new Chapter 3.40; or• Alternatively, discuss and take other action related to this item.

Bellflower City CouncilFebruary 13, 2023

Bellflower City Council
February 13, 2023