Agenda packet — Bellflower City Council, August 14, 2023 (part 3 of 3)

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TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works

SUBJECT: Consideration and possible action to adopt Resolution No. 23-30 – A Resolution approving the Plans and Specifications for the construction of the City-owned parking lot at 9817 Arkansas Street (Specifications No. 22/23-03), pursuant to Government
Code §830.6, establishing a project payment account; and authorizing solicitation of bids.

DATE: August 14, 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 construction of the City-owned parking lot at 9817 Arkansas Street (Specifications No. 22/23-03). 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. 23-30; and

2) Authorize a budget amendment to increase the project funding by $150,000, to a total project allocation of $478,000 in the Account No. 011-47028-9000; or

3) 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. 22/23-03 is $396,000. Funds are budgeted in Account No. 011-47028-9000 (Parking Lot Improvements).

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Staff Report – Approval of Plans & Specifications for the Construction of the City- Owned Parking Lot at 9817 Arkansas Street, Spec. No. 22/23-03 August 14, 2023

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DISCUSSION

This project will be for the construction of a new City-owned parking lot at 9817 Arkansas Street. The design and technical specifications for the new parking lot at this location have been prepared by Hartzog & Crabill, Inc. Upon City Council approval of the Plans and Specifications for this project, staff will solicit bids for the construction of the improvements.

CEQA

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. 23-30....................................................................................................... 3 Plans & Specifications ..................................................................................................... 5

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CITY OF BELLFLOWER

RESOLUTION NO. 23-30

A RESOLUTION APPROVING THE PLANS AND

SPECIFICATIONS FOR THE CONSTRUCTION OF THE
CITY-OWNED PARKING LOT AT 9817 ARKANSAS
STREET (SPECIFICATIONS NO. 22/23-03) 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 prepared the plans and specifications for the Construction of the City-Owned Parking Lot at 9817 Arkansas Street (“Project”);

B. The Director of Public Works reviewed the completed Plans and Specifications for the Project and agrees that the 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 and
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 Project is 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 Director of Public Works, 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. 23-30

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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 her 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 ON THIS 14TH DAY OF AUGUST 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

CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817

ARKANSAS STREET

SPECIFICATIONS NO. 22/23-03

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: Jerry Stock
(562) 804-1424, ext. 2218

BIDS DUE: TUESDAY, SEPTEMBER 19, 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

CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817

ARKANSAS STREET

SPECIFICATIONS NO. 22/23-03

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-9 Non Collusion Declaration .......................................................................................... B-10

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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NOTICE INVITING SEALED BIDS
FOR CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET

IN THE CITY OF BELLFLOWER
SPECIFICATIONS NO. 22/23-03

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, SEPTEMBER 19, 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 Construction of the City-Owned Parking Lot at 9817 Arkansas Street and related work as shown on the plans on file with the City’s Public Works Department. The Engineer’s Estimate of cost is $396,000. Bids will be publicly opened on September 19, 2023. At the time of contract award, the contractor shall possess a Class A 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 (60) working days to complete the work.

Work on the Project must be performed in strict conformity with Specifications No. 22/23-03 as adopted by the City’s City Council on August 14, 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 on Friday, September 8, 2023 at 11:00 AM at 9817 Arkansas Street, 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. 22/23-03
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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 14th day of August, 2023.

CITY OF BELLFLOWER, CALIFORNIA

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Instructions to Bidders
Specifications No. 22/23-03
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CITY OF BELLFLOWER

CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET

SPECIFICATIONS NO. 22/23-03

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.
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Instructions to Bidders
Specifications No. 22/23-03
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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 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 -10-

Instructions to Bidders
Specifications No. 22/23-03
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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 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.
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Instructions to Bidders
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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 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 -12-

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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 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.
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Instructions to Bidders
Specifications No. 22/23-03
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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 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 -14-

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actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

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 -15-

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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 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. -16-

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Specifications No. 22/23-03
I-9

B. Following the staff presentation, the City Council will allow the Protester to make his/her presentation. The Protester has the right to introduce 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. 22/23-03
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
CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET

IN THE CITY OF BELLFLOWER
SPECIFICATION NO. 22/23-03

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. 22/23-03
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. 22/23-03
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. 22/23-03
B-4
CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET

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. 22/23-03
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. 22/23-03
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. 22/23-03
B-7

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

CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET
SPECIFICATIONS NO. 22/23-03
in Bellflower, California

Item
No. Description Estimated
Quantity
Unit
Price Total Amount

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

2. Provide and install permeable
pavers, Oak Creek Blend color,
include installation of concrete
collar.
2550 SF SF

3. Provide and install permeable
pavers, Pewter color, include
installation of concrete collar.
2315 SF SF

4. Construct PCC curb & gutter 18 LF LF

5. Construct PCC curb 100 LF LF

6. Construct commercial drive
approach, include 3’ AC slot fill 1 EA EA

7. Remove, dispose and replace
PCC sidewalk 155 SF SF

8. Provide and install Public Parking
signs 2 EA EA

9. Provide and install mulch 470 SF SF

10. Remove and dispose existing light 1 LS LS

11. Remove and dispose PCC drive
approach complete 1 EA EA

12. Remove and dispose existing
wheel stops 7 EA EA

13. Construct PCC collar with variable
height curb face. Fill area behind
curb with PCC
75 LF LF

14. Construct PCC collar with variable
height curb face. Fill area behind
curb with mulch
75 LF LF

15. Remove and dispose asphalt
concrete and excavate to a depth
of 16 inch depth
5335 SF SF

16. Provide and install PCC wheel
stops complete 8 EA EA

17. Provide and install solar powered
parking lot lights including
foundation and all ancillary
equipment complete
4 EA EA
-24-

BID
Specifications No. 22/23-03
B-8

18. Install all pavement markings,
signs and legends complete 1 LS LS

19. Traffic control 1 LS LS

20. Provide and maintain storm water
BMP’s 1 LS LS

21. Survey Monumentation 1 LS LS

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

$
(Price in figures)

(Price in words)

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. 22/23-03
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

CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET

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. 22/23-03
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. 22/23-03
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. 22/23-03
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. 22/23-03
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
-30-

Agreement
Specifications No. 22/23-03
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. 22/23-03
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. 22/23-03
FPB-1

CITY OF BELLFLOWER

CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET

SPECIFICATIONS NO. 22/23-03

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. 22/23-03, 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. 22/23-03, 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. 22/23-03
FPB-2

5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 22/23-03 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. 22/23-03
L&MB-1

CITY OF BELLFLOWER

CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET

SPECIFICATIONS NO. 22/23-03

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. 22/23-03 (“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. 22/23-03, 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 -35-

Labor and Materials Bond
Specifications No. 22/23-03
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applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).

5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 22/23-03, 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. 22/23-03
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

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Declaration of Sufficiency of Funds
Specifications No. 22/23-03
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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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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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

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Guaranty
Specifications No. 22/23-03
G-1

CITY OF BELLFLOWER

CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET

SPECIFICATIONS NO. 22/23-06

GUARANTY

In accordance with the terms of the contract for the CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817 ARKANSAS STREET 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

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Standard Specifications
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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-

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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-

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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.

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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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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.

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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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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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• 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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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-

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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

The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in -51-

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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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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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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. 22/23-03
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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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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.

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PCC-1

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Specifications No. 22/23-03
Technical Provisions
TP-1

CITY OF BELLFLOWER

CONSTRUCTION OF THE CITY-OWNED PARKING LOT AT 9817

ARKANSAS STREET

SPECIFICATIONS NO. 22/23-03

TECHNICAL PROVISIONS
FOR

CIVIL ENGINEERING IMPROVEMENTS

All construction shall conform to the corresponding section of the Standard Specifications for Public Works Construction (Latest Edition), City of Bellflower Standard Plans (latest Edition) and any other publication as specified or listed in the General Condition or in the following Specifications. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence.

PART 2 - CONSTRUCTION MATERIALS

SECTION 200 - ROCK MATERIALS

200-2 UNTREATED BASE MATERIALS.

200-2.1 General. [Add the following]:

Base material shall be crushed miscellaneous base conforming to Section 200-2.4 Crushed Miscellaneous Base.

SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS

201-1 PORTLAND CEMENT CONCRETE.

201-1.2 Materials.

201-1.2.1 Portland Cement. [Replace first sentence of the first paragraph]:

All cement to be used or furnished shall be Type V.

201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS.

201-3.2 Pre-molded Joint Filler. The Contractor shall use 1/4" bituminous type expansion joint filler only.

SECTION 203 - BITUMINOUS MATERIALS

203-6 ASPHALT CONCRETE.

203-6.1 General. [Add the following to the end of the subsection]:

203-11.3 Composition and Grading. Conventional asphalt concrete shall be type C-PG 64-10. -75-

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TP-2

SECTION 300-2 – UNCLASSIFIED EXCAVATION

300-2.1 General [ Add the following to the end of the subsection]:

Unclassified excavation shall include but is not limited to the removal and disposal to the appropriate facility all asphalt concrete; road base; native material, including but not limited to organics and all deleterious material; Portland Cement Concrete; landscape materials and planter soil.

The following items of work are included in unclassified excavation:

• Saw-cutting, removal and disposal of existing concrete, asphalt concrete, pavement base material and native soil within the project site and as shown on the plan or directed by the Engineer.

• Removal of excess spoil from excavation, disposal of debris, shrubs, rubbish and excess material away from site and disposal and payment of all required fees at a licensed disposal site.

• Maintaining dust control at all times by limited watering.

• Removal and disposal of any additional items not specifically mentioned herein, which may be found within the work limits or are shown on the plans to be removed.

• Removal and disposal of unnamed concrete improvements.

• Restoration and clean-up of the site.

• Providing for traffic control and maintenance of access, security and safety including signs, barricades, flashers, covers, plates and chain link fencing as may be required.

• Protecting in place of existing water mains, sewers, storm drains, meters, valve covers, walls, fences, curbs, fire hydrants, telephone and power poles, and other existing structures.

• Providing all necessary means to avoid tracking of asphaltic material on adjacent public street, alleys and parking lots.

All materials removed will be lawfully disposed of at a site secured by the Contractor. The Contractor will make every effort to recycle excavated and demolition materials. The Contractor will provide the Engineer with a letter indicating the final disposition of all excavated and demolition materials from the project within five (5) working days after project completion.

No excavated or demolition materials will be left in the public right of way overnight. Equipment may be stored within the subject parking lot as directed by the engineer or his designee.

All existing improvements to be joined shall be cut in a clean straight line along the join line by use of a concrete cutting saw. Compensation for this requirement shall be considered as included in the price bid in the proposal form and no additional compensation will be allowed therefore.

Sawcutting shall consist of cutting existing Portland cement concrete to facilitate its removal. Cutting shall be accomplished by the use of a power-driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. Under this item, the use of a grinder will not be allowed in lieu of power-driven saw. Residue from sawcutting shall be vacuumed up while sawcutting.

300-1.4 Payment
ADD the following text:
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Payment shall include the cost for all sawcutting and removal of asphalt concrete, aggregate base, compaction, concrete, and any other materials on site, haul away, and disposal to facilitate the construction of proposed improvements and no additional compensation will be allowed therefore.

SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE WALKS, GUTTERS, ACCESS RAMPS, AND ALLEY INTERSECTIONS

303-5.5.3 Walk

Concrete sidewalk shall be per SPPWC Standard Plan 113-2 as indicated on the plans. Concrete shall be Class 520-C-2500. Concrete shall be natural gray.

Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans or as ordered by the Engineer. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location.

Any and all gas, water or any meter or pull boxes falling within the limits of sidewalk construction shall be adjusted to the finished grade of the new sidewalk. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Prior to placement of new sidewalk, contractor shall grind or prune all obstructing roots if present.

Contractor shall install 4” CMB base under the new 4” PCC sidewalk.

A sidewalk ½-inch radius edging tool is be used to finish the back edge of all curbs.

Sidewalk score lines shall have a minimum finished depth of ½-inch. Walkway replacement needed to join new sidewalk shall be in kind to the walkway removed or as directed by the Engineer's representative.

Limited infill and compaction of suitable base material may be required under certain portions of sidewalk.

Contractor shall include the cost of material, labor and compaction of such material in the unit price per bid.

Any appurtenant PCC Improvement constructed as part of this project and not included with a unit price bid quote or otherwise covered for payment herein shall be paid at the unit price for 4-inch Sidewalk per square foot prorated to reflect the true amount of PCC material being constructed, as approved by the Engineer's Representative. The prorated unit price bid for the appurtenant PCC improvement shall include all costs of subgrade preparation, and the excavation, furnishing and compacting of backfill material and no additional compensation will be allowed therefore.

PART 3 – CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General
ADD the following sub-section where applicable:

Root Pruning, if required

The contractor shall be required to contact Contractor hired ISA (International Society of Arboriculture) Certified Arborist for review prior to any root pruning or shaving operations. Once the roots are exposed, the Contractor ISA Certified Arborist shall review and approve the limits and methods of pruning which are prescribed. The contractor shall not remove more than is prescribed by the Contractor ISA Certified Arborist. The maximum extent of the root pruning under this work item shall be within the excavation/removal limits and to the required depth of the prescribed excavation/removals in order to accommodate the necessary ADA compliant pathway.

Root pruning and/or planning shall only be conducted in the presence of an ISA (International Society of Arboriculture) Certified Arborist on site. The Director of Public Works, or his/her authorized agent, shall be notified of any and all root pruning and/or planing activities 24 hours in advance prior to the commencement of this type of work.

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TP-4

300-1.3 Removal and Disposal of Materials
300-1.3.1 General
ADD the following text:

All soils and materials subject to removal or disposal are subject to testing by the City.

Contractor shall be responsible for locating and protecting manhole, water valve, utility access frames and covers, survey monuments or other appurtenances buried below the existing pavement surface whether shown on the plans or not.

All existing asphalt concrete pavement that is to be joined by new construction shall be sawcut in a straight line. The Contractor shall not disturb or damage existing improvements to be protected in place.

Any damage done by Contractor and/or its equipment shall be repaired or replaced as called out in Section 7-9 of the Standard Specifications at Contractor's expense. The Contractor shall call USA prior to excavation and shall "pothole" existing utilities that fall within any possible pavement "dig-out" areas and PCC improvements as necessary to determine their depth to avoid damaging said utilities.

AC pavement shall be sawcut to full depth around entire join perimeter. Removal of existing pavement sections shall be to the depth required for construction of the replacement roadway sections as shown on the plans and will include the removal of existing AC pavement, cement treated base and/or aggregate base. All removed material becomes the property of the Contractor and shall be hauled away and legally disposed of properly outside of the roadway right of way.

Contractor shall be responsible for removing all weeds and plants that are found within the existing sidewalk, curb and gutter or cross gutters.

ADD the following text after paragraph c):

The following items of work are included in pavement excavation:

• Saw-cutting, removal and disposal of existing concrete curb and gutter, sidewalk, cross gutter, longitudinal gutter and concrete ADA ramp within the project site and as shown on the plan or directed by the Engineer, and in addition, full-depth AC pavement removal.

• Removal of excess spoil from milling, excavation, disposal of debris, shrubs, rubbish and excess material away from site and disposal and payment of all required fees at a licensed disposal site.

• Maintaining dust and erosion control at all times.

• Removal and disposal of any additional items not specifically mentioned herein, which may be found within the work limits or are shown on the plans to be removed.

• Removal and disposal of any unnamed concrete improvements.

• Restoration and clean-up of the site.

• Providing for traffic control (pedestrian and vehicle), and maintenance of access, security and safety including signs, barricades, flashers, covers, plates as specified elsewhere in these specifications.

• Protecting in place any and all existing utilities and other public or private improvements included but not limited to water mains, sewers, storm drains, meters, valve covers, walls, fences, curbs, fire hydrants, telephone and power poles, traffic loop stub-ours and other existing structures.

• Providing any means to avoid tracking of any asphaltic material (including tack coat) on existing or new asphalt pavement during paving operations within and outside of the project limits or across jurisdictional boundaries.

• Removing and relocating or protecting in place any and all sprinkler lines, heads, valves, etc. interfering with construction of improvements.

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No excavated or demolition materials will be left in the public right of way overnight.

300-1.4 Payment
ADD the following text:

Payment for Excavation to Required Depth Per Plan shall be at the unit price bid per CY. Payment shall include the cost for all sawcutting and removal of asphalt concrete, aggregate base, Portland cement concrete, compaction, unclassified excavation, haul away, vacuuming of sawcutting residue and disposal to facilitate the construction of proposed improvements and no additional compensation will be allowed therefore.

Payment for Root Pruning and/or Root Shaving (if applicable) shall be at the unit price bid for Each Item (EA). Per Each (EA) applies to each location where root pruning is necessary. Payment shall include all work directly associated with the pruning, removal, haul away, and disposal of the roots to facilitate the construction of proposed improvements and no additional compensation will be allowed therefore. This item shall not include payment for any work associated with the saw cutting or excavation of the full depth R&R patch or concrete sidewalk replacement. -79-

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TP-6

SECTION 301 – TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE

MATERIALS
301-1 SUBGRADE PREPARATION
301-1.6 Adjustment of Manhole Frame and Cover Sets to Grade.

ADD the following text: IF APPLICABLE

Adjustment of all surface utility frame and covers shall conform to the provisions of Section 301-1.6 and 302-5.8 of the Standard Specifications and the following additions and revisions:

All surface utility covers (even those to be adjusted to grade by others) shall be located in the field prior to beginning any work on this project. The Contractor shall remove existing concrete pads or collars that might interfere with the adjustment of the valve cover to the grade of the asphalt concrete surface. Any damage to existing utility systems or appurtenances by the Contractor shall be replaced at the Contractor's expense.

Resetting City sewer and storm drain manholes to grade shall be performed after pavement is completed.

Said manholes shall be carefully and substantially set to conform to the finished surface of the finished pavement. Price shall include all labor, material, and equipment required to reset said manhole and repair surrounding pavement completely. There shall be allowed a tolerance of ¼” more or less for this work. Paving around manholes set to grade shall be done with conventional paving asphalt, Type B, PG- 64-10.

Resetting gas and water gate valve covers to grade will be done at the time the pavement is placed.

The following method shall be utilized to adjust manhole frames and covers

a) After the asphalt concrete pavement overlay has been completed, circular holes shall be cut where the cover exists. The diameter of the circular hole shall be at least twenty-four inches (24") larger than the outer diameter of the cover.

b) The cover shall then be raised to the finished pavement grade and suitably blocked and concreted in place to the satisfaction of the Owner’s Representative.

c) A PCC collar shall be poured around the cover to an elevation no more than two inches (2”) below finished pavement grade. Said PCC collar shall have a minimum depth of eight inches (8") or (as shown per plan) and be placed over four inches (4") of crushed aggregate base (CAB), thoroughly compacted to 95% minimum relative compaction.

d) After the concrete has cured sufficiently, a tack coat shall be applied and ARHM-GG-C surface course material shall be placed to finished pavement grade.

The Contractor shall also be responsible for coordinating his work with the various utility owners who will be required to adjust their own surface utility covers to grade as noted on the plans. This includes tying out their covers and notifying all surface utility owners prior to performing any work that will affect their facilities. If the required adjustment of the owner adjusted utility covers will impact the Contractor’s subsequent work then the Contractor shall coordinate his work schedule and/or perform follow up work to ensure that the quality of the final product is not compromised.

ADD the following subsection:
301-1.6.1 Measurement and Payment

Payment for Adjust Water Valve Can and Lid to Grade, Adjust Oil Valve Can and Lid to Grade, Adjust Gas Valve Frame and cover to Grade, Adjust Monitoring Well Frame and Cover to Grade, Adjust Electrical and Telephone Vault to Grade, Adjust Pull Box to Grade and Adjust Water Manhole Frame and Cover to Grade and Adjust Sewer & Storm Drain Manhole Frame and Cover to Grade shall be made at the Contract unit price bid for Each Item (EA), as shown in the Bid Schedule, and shall include all related asphalt concrete and PCC work, traffic control, and protection of the work -80-

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Technical Provisions
TP-7

during PCC curing and all incidentals to accomplish the work as specified herein, and no additional compensation will be allowed therefore.

301-2 UNTREATED BASE
301-2.4 Measurement and Payment
ADD the following text:

The quantities of the crushed miscellaneous base (CMB) and Class 4 Crushed Aggregate Base (CAB) to be paid for will be measured by the cubic yard (CY) of material and no additional compensation will be allowed therefore. The Contractor shall furnish to the Engineer at the time of delivery of the material on the job site a legible copy of a licensed weighmaster's certificate showing gross, tare, and net weights of each truckload.

Payment for Install CMB/CAB shall be made at the contract unit price per CY and shall conform to the provisions of Section 301-2.4 "Measurement and Payment" of the Standard Specifications. All requirements stated above shall be included in the unit price bid per ton and no additional compensation shall be made therefore.

SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION

303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.

303-5.1 Requirements
303-5.1.1 General
ADD the following text:

ADD the following subsections:
303-5.1.1.1 Curbs, Gutters, Mountable Curb and Cutter, Longitudinal Gutters Depressed Curbs & Local Depressions

Curb and gutter shall be per SPPWC Standard Plan No. 120-2 or as shown as a specific detail (mountable curb) as indicated on plans.

Depressed curb and gutter shall be constructed per SPPWC Standard Plan No. 110-2. The limits of the curb and gutter shall be from top of x to top of x at the noted driveway approach and shall include all curb and gutter from the existing back of curb to lip of gutter. The more stringent of following curb and gutter specifications listed below or standard plan specifications shall apply to the depressed curb and gutter. It shall be noted that all curb and gutter replacement adjacent to existing driveways shall be included in the per square foot (SF) cost to install the PCC driveway approach.

Replacement of curb and gutter at existing curb ramps shall be defined as any curb and gutter constructed between the BCR and ECR or roadway intersections. For construction of curb and gutter within a new curb ramp, payment for the curb and gutter shall be included in the unit price of the curb ramp. For all other curb and gutter within the curb return not covered under the curb ramp pay item, measurement and payment will be included under the curb and gutter bid item.

These items shall be constructed to the line and grades as determined in the field or as ordered by the Engineer. Existing items to be joined shall be sawcut on a neat, straight line at the join location. These work items shall occur prior to all cold milling and paving operations.

All of these items shall include the sawcutting and full AC reconstruction of a 1’-3’ wide portion of AC pavement adjacent to the curb and gutter. A minimum of a 3’ saw cut and pavement replacement will be required in all areas of curb return replacements and local depression adjacent to existing pavement not slated for grind and overlay. The proposed pavement section shall be full depth asphalt paving to match the existing pavement section thickness.

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Prior to placement of these improvements, contractor shall grind or prune all obstructing roots if present and per the root pruning specifications.

Any and all gas or water valves falling within the limits of these items shall be adjusted to the finished grade of the new gutter. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

303-5.5.3 Sidewalk

Concrete sidewalk shall be per SPPWC Standard Plan 113-2 as indicated on the plans. Concrete shall be Class 520-C-2500.

Any and all gas or water meter boxes falling within the limits of sidewalk construction shall be adjusted to the finished grade of the new sidewalk. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Prior to placement of any new sidewalk, contractor shall grind or prune all obstructing roots if present and provide and install 4” CMB.

A sidewalk ½-inch radius edging tool is be used to finish the back edge of all curbs.

Limited infill and compaction of suitable base material will be required under certain portions of sidewalk.

Contractor shall include the cost of material, labor and compaction of such material in the unit price per bid.

Any appurtenant PCC Improvement constructed as part of this project and not included with a unit price bid quote or otherwise covered for payment herein shall be paid at the unit price for 4 inch Sidewalk per square foot prorated to reflect the true amount of PCC material being constructed, as approved by the Engineer's Representative. The prorated unit price bid for the appurtenant PCC improvement shall include all costs of subgrade preparation, and the excavation, furnishing and compacting of backfill material and no additional compensation will be allowed therefore.

303-5.5.5 Driveways

Concrete Driveways shall be per City of Bellflower Standard Plans as shown on the plans. Concrete shall be minimum Class 560-C-3250. All concrete drive approaches are to be opened up to traffic within 72 hours. The concrete shall reach a strength of a minimum of 2500 psi in 72 hours. All driveway approaches are to be opened up to traffic by the end of the day on the Friday of the week which the concrete was poured.

Curb and Gutter within the driveway shall be included in the unit price which includes the sawcutting and full AC reconstruction of a 1’ wide portion of AC pavement adjacent to the curb and gutter.

Concrete driveways shall be constructed to the line, grades and designs shown on the plans or as directed by the Engineer. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. The existing flow line shall be maintained at the two join locations, ensuring that ponding does not occur in the existing intersection.

Any and all Traffic Signal, gas or water meter boxes falling within the limits of driveway construction shall be adjusted to the finished grade of the new driveway and shall be included in the base unit price per the respective item. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

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All PCC improvements beyond the top of X shall be paid for as sidewalk or curb and gutter, as applies.

303-5.9 Measurement and Payment
ADD the following text:

Payment for Remove Existing & Install New ADA Compliant PCC Sidewalk, shall be on a Square Foot (SF) Unit Price basis and shall be considered full compensation for furnishing labor, materials, equipment, grinding and disposal to complete the construction, including any necessary adjacent backfill and sealant, adjustment of gas or water meter boxes to finish grade, and provide and install 4” CMB as indicated and no additional compensation will be allowed therefore.

SECTION 314 – PAINTING

314-4 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS

For traffic stripes and pavement markings, delete the applicable subsection and replace with Section 84, “Traffic Stripes and Pavement Markings” of the Caltrans Standard Specifications.

84-1.01 Description. Replace the first two paragraphs with the following:

This work shall consist of painting parking stall stripes and applicable pavement markings at the specified locations and in accordance with the details shown on the Plans or designated by the Engineer, and as specified in these Specifications and Technical Provisions.

Parking stall striping shall be applied with (2) coats of paint. The Contractor shall allow at least (7) days between the first and second coat of paint.

Any removal of traffic stripes and markings shall be accomplished by the wet sandblasting method or waterblasting method, and includes removal of raised pavement markers. The machine used for this purpose shall meet all requirements of the air pollution control district having jurisdiction in the project area. All sand used in wet sandblasting shall be removed without delay.

84-3.04 Payment. Replace the entire subsection with the following:

The contract Lump Sum price for this work shall be included in the Signing & Striping Installation bid item, and include full compensation for traffic signing, striping, and applicable pavement markings, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, necessary to complete the Work.

All costs for establishing alignment of parking stall lines, pavement markings, layout, temporary pavement painting, and sandblasting of existing lines and markings shall be included and no extra costs will be allowed.

SECTION 32 14 13

PERMEABLE PAVER
(1995 MasterFormat Section 02795)
Note: This guide specification is intended for use in the U.S. It describes construction of permeable interlocking concrete pavers on a permeable, open-graded crushed stone bedding layer (typically No. 8 stone). This layer is placed over an open graded-base (typically No. 57 stone) and sub-base (typically No. 2 stone). Other aggregate materials also may be suitable depending on specific project parameters. The pavers and bedding layer are typically placed over an open-graded crushed stone base with exfiltration to the soil subgrade. In low infiltration soils or installations with impermeable liners, some or all drainage is directed to an outlet via perforated drainpipes in the subbase. While this guide specification does not cover excavation, liners and drainpipes, notes are provided on these aspects. The text below must be edited to suit specific project requirements. It should be reviewed by a qualified civil or geotechnical engineer, or landscape architect familiar with the site conditions. Edit this specification term as necessary to identify the design professional in the General Conditions of the Contract.

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Technical Provisions
TP-10

PART 1 GENERAL

1.01 SUMMARY
A. Section Includes

1. Permeable interlocking concrete pavers.

2. Crushed stone bedding material.

3. Open-graded subbase aggregate.

4. Open-graded base aggregate.

5. Bedding and joint/opening filler materials.

6. Edge restraints.

7. Geotextiles
B. Related Sections

1. Curbs.

2. Stabilized aggregate base.

3. [PVC] Drainage pipes

4. Impermeable liner.

5. Edge restraints.

6. Drainage pipes and appurtenances.

7. Earthworks/excavation/soil compaction.

1.02 REFERENCES
A. American Society for Testing and Materials (ASTM)

1. C 67, Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units.

2. C 131, Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine.

3. C 136, Method for Sieve Analysis for Fine and Coarse Aggregate.

4. C 140, Test Methods for Sampling and Testing Brick and Structural Clay Tile, Section 8 – Freezing and Thawing.

5. D 448, Standard Classification for Sizes of Aggregate for Road and Bridge Construction.

6. C 936, Standard Specification for Solid Interlocking Concrete Pavers.

7. C 979, Specification for Pigments for Integrally Colored Concrete.

8. D 698, Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a

5. 5-lb (2.49 kg) Rammer and 12 in. (305 mm) drop.

9. D 1557, Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 10-lb (4.54 kg) Rammer and 18 in. (457 mm) drop.

10. D 1883, Test Method for California Bearing Ratio of Laboratory-Compacted Soils.

11. D 4254, Standard Test Methods for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density.

B. ACKERSTONE

1. Ackerstone Aqua-via® Design Guide and Research Summary.

C. Interlocking Concrete Pavement Institute

1. Permeable Interlocking Concrete Pavement manual.

1.03 SUBMITTALS
A. In accordance with Conditions of the Contract and Division 1 Submittal Procedures Section.

B. Manufacturer’s drawing and details: Indicate perimeter conditions, junction with other materials, expansion and control joints, paver layout, patterns, color arrangement, installation and setting details. Indicate layout, pattern, and relationship of paving joints to fixtures and project formed details.

C. Sieve analysis of aggregates for base and bedding materials per ASTM C 136.

D. Soils report indicating density test reports, classification, and infiltration rate measured on-site under compacted conditions, and suitability for the intended project.
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E. Erosion and sediment control plan.

F. Stormwater management (quality and quantity) calculations.

G. Permeable concrete pavers:

1. Manufacturer’s product catalog sheets with specifications.

2. [Four] representative full-size samples of each paver type, thickness, color, and finish. Submit samples indicating the range of color expected in the finished installation.

3. Accepted samples become the standard of acceptance for the work of this Section.

4. Laboratory test reports certifying compliance of manufacturer’s concrete pavers with ASTM C 936.

5. Manufacturer's material safety data sheets for safe handling of the specified materials and products.

H. Paver Installation Subcontractor:

1. A copy of Subcontractor’s current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program.

2. Job references from projects of a similar size and complexity. Provide Owner/Client/General Contractor names, postal address, phone, fax, and email address.

1.04 QUALITY ASSURANCE
A. Paver Installation Subcontractor Qualifications:

1. Utilize an installer having successfully completed concrete paver installation similar in design, material, and extent indicated on this project.

2. Utilize an installer holding a current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program.

B. Regulatory Requirements and Approvals: Installer shall provide any applicable licensing, bonding or other requirements of regulatory agencies.

C. Mock-Ups:

1. Install a 10 ft x 10 ft (3 x 3 m) paver area.

2. Use this area to determine surcharge of the bedding sand layer, joint sizes, lines, laying pattern(s), color(s) and texture of the job.

3. This area will be used as the standard by which the work will be judged.

4. Subject to acceptance by owner, mock-up may be retained as part of finished work.

4. If mock-up is not retained, remove and properly dispose of mock-up.

5. 1.05 DELIVERY, STORAGE, AND HANDLING
A. General: Comply with Division 1 Product Requirement Section.

B. Comply with manufacturer’s ordering instructions and lead-time requirements to avoid construction delays.

C. Delivery: Deliver materials in manufacturer’s original, unopened, undamaged container packaging with identification tags intact.

1. Coordinate delivery and paving schedule to minimize interference with normal use of buildings adjacent to paving.

2. Deliver concrete pavers to the site in steel banded, plastic banded, or plastic wrapped cubes capable of transfer by forklift or clamp lift.

3. Unload pavers at job site in such a manner that no damage occurs to the product or existing construction.

D. Storage and Protection: Store materials in protected area such that they are kept free from mud, dirt, and other foreign materials.

1.06 ENVIRONMENTAL REQUIREMENTS
A. Do not install in rain or snow.

B. Do not install frozen bedding materials.

1.07 MAINTENANCE
A. Extra materials: Provide 3% additional material for use by owner for maintenance -85-

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and repair.

C. Pavers shall be from the same production run as installed materials.

PART 2 PRODUCTS

2.01 PERMEABLE INTERLOCKING CONCRETE PAVERS
A. Manufacturer: Acker Stone.

Contact: 13296 Temescal Canyon Rd., Corona, CA 92883; (951) 674-0047 B. Permeable Interlocking Concrete Paver Units:

1. Paver Type: Ackerstone Aqua-via
a. Material Standard: Comply with material standards set forth in ASTM C 936.
b. Color, finish and/or pattern as indicated on Contract Drawings. c. Color Pigment Material Standard: Comply with ASTM C 979.

Note: Concrete pavers may have spacer bars on each unit. Spacer bars are recommended for mechanically installed pavers. Manually installed pavers may be installed with or without spacer bars. Verify with manufacturers that overall dimensions do not include spacer bars.

Note: Minimum 80 mm (3 1/8 in.) thick units are recommended for permeable pavement applications.
d. Size: Aqua-via standards 4.375 inches x 8.75 inches x 3.15 inches thick.

Note: When 3 1/8 in. (80 mm) thick pavers are specified, their compressive strength test results per ASTM C 140 should be adjusted by multiplying by 1.18 to equate the results to that from 2 3/8 in. (60 mm) thick pavers.
e. Average Compressive Strength (ASTM C 140): 8000 psi (55 MPa) with no individual unit under 7200 psi (50 MPa).
f. Average Water Absorption (ASTM C 140): 5% with no unit greater than 7%.
g. Freeze/Thaw Resistance (ASTM C 67): Resistant to 50 freeze/thaw cycles with no greater than 1% loss of material. Freeze-thaw testing requirements shall be waived for applications not exposed to freezing conditions.

2.02 PRODUCT SUBSTITUTIONS
A. Substitutions: No substitutions permitted.

2.03 CRUSHED STONE FILLER, BEDDING, BASE AND SUBBASE
A. Crushed stone with 90% fractured faces, LA Abrasion < 40 per ASTM C 131, minimum CBR of 80% per ASTM D 1883.

B. Do not use rounded river gravel.

C. All stone materials shall be washed with less than 1% passing the No. 200 sieve.

D. Joint/opening filler, bedding, base and subbase: conforming to ASTM D 448 gradation as shown in Tables 1, 2 and 3 below: Note: No. 89, 9 or 10 gradations also may be used to fill narrow permeable paver joints.

Table 1
Grading Requirements for ASTM No. 8 Bedding and Joint/Opening Filler
Sieve Size Percent Passing

12.5 mm (1/2 in.) 100

9.5 mm (3/8 in.) 85 to 100

4.75 mm (No. 4) 10 to 30

2.36 mm (No. 8) 0 to 10

1.16 mm (No. 16) 0 to 5
Table 2
Grading Requirements for ASTM No. 57 Base
Sieve Size Percent Passing

37.5 mm (11/2 in.) 100
25 mm (1 in.) 95 to 100
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12.5 mm (1/2 in.) 25 to 60

4.75 mm (No. 4) 0 to 10

2.36 mm (No. 8) 0 to 5
Table 3
Grading Requirement for ASTM No. 2 Subbase
Sieve Size Percent Passing
75 mm (3 in.) 100
63 mm (21/2 in.) 90 to 100
50 mm (2 in.) 35 to 70

37.5 mm (1 1/2 in.) 0 to 15
19 mm (3/4 in.) 0 to 5
E. Gradation criteria for the bedding and base:

Note: Dx is the particle size at which x percent of the particles are finer. For example, D15 is the particle size of the aggregate for which 15% of the particles are smaller and 85% are larger.

1. D15 base stone /D50 bedding stone 2.

2.04 ACCESSORIES
A. Provide accessory materials as follows:

Note: Curbs will typically be cast-in-place concrete or precast set in concrete haunches. Concrete curbs may be specified in another Section. Do not use plastic edging with steel spikes to restrain the paving units.

1. Edge Restraints are to be poured in place concrete curb or concrete collar as indicated on the Contract Drawings.

2. Geotextile Fabric:
a. See ICPI publication, Permeable Interlocking Concrete Pavements for guidance on geotextile selection.
b. Geotextile fabric shall be permeable unless otherwise noted on plans.

Non-permeable fabric is only for low infiltration soils and drainage pipe.

PART 3 EXECUTION

3.01 ACCEPTABLE INSTALLERS
A. Installer must comply with the guidelines stated in these specifications.

3.02 EXAMINATION
Note: The elevations and surface tolerance of the soil subgrade determine the final surface elevations of concrete pavers. The paver installation contractor cannot correct deficiencies excavation and grading of the soil subgrade with additional bedding materials. Therefore, the surface elevations of the soil subgrade should be checked and accepted by the General
Contractor or designated party, with written certification presented to the paver installation subcontractor prior to starting work.

A. Acceptance of Site Verification of Conditions:

1. City Representative and General Contractor shall inspect, accept and certify in writing to the paver installation subcontractor that site conditions meet specifications for the following items prior to installation of interlocking concrete pavers.

Note: Compaction of the soil subgrade should be determined by the project engineer. If the soil subgrade requires compaction, compact to a minimum of 95% standard Proctor density per ASTM C 698. Compacted soil density and moisture should be checked in the field with a nuclear density gauge or other test methods for compliance to specifications. Stabilization of the soil and/or base material may be necessary with weak or continually saturated soils, or when subject to high wheel loads. Compaction will reduce the permeability of soils. If soil compaction is necessary, reduced infiltration may require drainpipes within the open-graded subbase to conform to local storm drainage requirements.
a. Verify that subgrade preparation, compacted density and elevations -87-

Specifications No. 22/23-03
Technical Provisions
TP-14

conform to specified requirements.
b. Provide written density test results for soil subgrade to the Owner, General Contractor and paver installation subcontractor. c. Verify location, type, and elevations of edge restraints, [concrete collars around] utility structures, and drainage pipes and inlets.

2. Do not proceed with installation of bedding and interlocking concrete pavers until subgrade soil conditions are corrected by the General Contractor or designated subcontractor.

3.03 PREPARATION
A. Verify that the soil subgrade is free from standing water.

B. Stockpile joint/opening filler, base and subbase materials such that they are free from standing water, uniformly graded, free of any organic material or sediment, debris, and ready for placement.

C. Edge Restraint Preparation:

1. Install edge restraints per the drawings.

3.04 INSTALLATION
Note: The minimum slope of the soil subgrade should be 0.5%. Actual slope of soil subgrade will depend on the drainage design and exfiltration type. All drain pipes, observation wells, overflow pipes, geotextiles (if applicable), and impermeable liner (if applicable) should be in place per the drawings prior to or during placement of the subbase and base, depending on their location.

Care must be taken not to damage drainpipes during compaction and paving. No mud or sediment can be left on the base or bedding aggregates. If they are contaminated, they must be removed and replaced with clean materials.

A. General

1. Any excess thickness of soil applied over the excavated soil subgrade to trap sediment from adjacent construction activities shall be removed before application of the [geotextile] and subbase materials.

2. Keep area where pavement is to be constructed free from sediment during entire job. [Geotextiles] Base and bedding materials contaminated with sediment shall be removed and replaced with clean materials.

3. Do not damage drainpipes, overflow pipes, observation wells, or any inlets and other drainage appurtenances during installation. Report any damage immediately to the project engineer.

B. Geotextiles

1. Place on bottom and sides of soil subgrade. Secure in place to prevent wrinkling from vehicle tires and tracks.

2. Overlap a minimum of [12 in. (0.3 m)] [24 in. (0.6 m)] in the direction of drainage.

C. Open-graded subbase and base

1. Moisten, spread and compact the No. 2 subbase in 4 to 6 in. lifts (100 to 150 mm) lifts [without wrinkling or folding the geotextile. Place subbase to protect geotextile from wrinkling under equipment tires and tracks.] No. 2 angular stone will be a minimum of 8 inches (150mm) for vehicle conditions with ideal sub soil conditions. Sub soil must allow water to percolate, or perforated drains should take water away if soil conditions do not allow for good water percolation. Soils engineer should determine No. 2 base thickness.

2. For each lift, make at least two passes in the vibratory mode then at least two in the static mode with a minimum 10 t (10 T) vibratory roller until there is no visible movement of the No. 2 stone. Do not crush aggregate with the roller.

3. The surface tolerance of the compacted No. 2 subbase shall be ± 2 1/2 in. (± 65 mm) over a 10 ft (3 m) straightedge.

4. Moisten, spread and compact No. 57 base in 4 in. (100 mm) lifts over the compacted No. 2 subbase with a minimum 10t (10 T) vibratory roller until there is no visible movement of the No. 57 stone. Do not crush aggregate with the roller.
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Specifications No. 22/23-03
Technical Provisions
TP-15

5. The surface tolerance the compacted No. 57 base should not deviate more than. ±1 in. (± 25 mm) over a 10 ft (3 m) straightedge.

Note: In-place density of the base and subbase may be checked per ASTM D 4254. Compacted density should be 95% of the laboratory index density established for the subbase and base stone. For H20 rated areas a 8cm permeable paver must always be used.

D. Bedding layer

1. Moisten, spread and screed the No. 8 stone bedding material.

2. Fill voids left by removed screed rails with No. 8 stone.

3. The surface tolerance of the compacted surface should not deviate more than ±3/8 in. (±10 mm) over a 10 ft (3 m) straightedge.

4. Do not subject screeded bedding material to any pedestrian or vehicular traffic before paving unit installation begins.

E. Permeable interlocking concrete pavers and joint/opening fill material

1. Lay the pavers [paving slabs] in the pattern(s) and joint widths shown on the drawings. Maintain straight pattern lines.

2. Fill gaps at the edges of the paved area with cut units. Cut pavers subject to tire traffic shall be no smaller than 1/3 of a whole unit.

3. Cut pavers and place along the edges with a [double-bladed splitter or] masonry saw. All small cuts should be bonded to adjacent paver with Sure Bond paver adhesive. This applies to any cut smaller than 1/3 its original size.

4. Fill the openings and joints with [No. 8] stone. If App. No. 8 must be used in joints for vehicular areas unless required to use another sieve size due to joint spacing being smaller.

Note: Some paver joint widths may be narrow and not accept most of the No. 8 stone. Use joint material that will fill joints, such as washed ASTM No. 9 or No. 10 stone. These smaller stone sizes are recommended for filling joints in pedestrian applications that use 2 3/8 in. (60 mm) thick pavers.

5. Remove excess aggregate by sweeping pavers clean.

6. Compact and seat the pavers into the bedding material using a lowamplitude, 75-90 Hz plate compactor capable of at least 4,000 lbs (18 kN) centrifugal compaction force. This will require at least two passes with the plate compactor.

7. Do not compact within 6 ft (2 m) of the unrestrained edges of the paving units.

8. Apply additional aggregate to the openings and joints, filling them completely.

Remove excess aggregate by sweeping and compact the pavers. This will require at least two passes with the plate compactor.

9. All pavers within 6 ft (2 m) of the laying face must be left fully compacted at the completion of each day.

10. The final surface tolerance of compacted pavers shall not deviate more than ± 3/8 in. (±10 mm) under a 10 ft (3 m) long straightedge.

11. The surface elevation of pavers shall be 1/8 to 1/4 in. (3 to 6 mm) above adjacent drainage inlets, concrete collars or channels.

3.05 FIELD QUALITY CONTROL
A. After sweeping the surface clean, check final elevations for conformance to the drawings.

B. Lippage: No greater than 1/8 in. (3 mm) difference in height between adjacent pavers.

Note: The minimum slope of the finished pavement surface should be 1%. The surface of the pavers may be 1/8 to 1/4 in. (3 to 6 mm) above the final elevations after compaction. This helps compensate for possible minor settling normal to pavements.

C. The surface elevation of pavers shall be 1/8 to 1/4 in. (3 to 6mm) above adjacent drainage inlets, concrete collars or channels.

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Technical Provisions
TP-16

3.06 PROTECTION
A. After work in this section is complete, the General Contractor shall be responsible for protecting work from sediment deposition and damage due to subsequent construction activity on the site.

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Page 1 of 2 ends

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

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Len Gorecki, Assistant City Manager/ Director of Public Works Philip Wang, Assistant City Engineer

SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to AFN 967 for the Bellflower Gateway Sign (Specifications No. 22/23-06), in a form approved by the City Attorney, with Select Electric, Inc., to substitute subcontractor Angels Landscape with Diversified Landscape Co.

DATE: August 14, 2023

EXECUTIVE SUMMARY

This action would authorize the City Manager to execute Amendment No. 1 with Select Electric, Inc., to substitute subcontractor Angels Landscape with Diversified Landscape Co. The original subcontractor Angels Landscape did not meet the labor agreement requirements between Select Electric, Inc., and the International Brotherhood of Electrical Workers (IBEW).

RECOMMENDATION TO CITY COUNCIL

1) Authorize the City Manager, or designee, to execute Amendment No. 1 to AFN 967, in a form approved by the City Attorney; or

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

FISCAL IMPACT

There is no direct fiscal impact from this substitution that the City of Bellflower will incur.

DISCUSSION
On November 14, 2022, City Council awarded a contract to Select Electric, Inc., for the Bellflower Gateway Sign (Specifications No. 22/23-06). This work includes fabrication of the Bellflower Gateway Sign, landscaping, a bronze statue, irrigation, electrical connection, and concrete work. The landscaping work was to be done by Angels Landscape as a subcontractor, but Select Electric, Inc.’s IBEW union representatives found that Angels Landscaping did not meet IBEW agreement requirements as they are a non-union contractor. Select Electric, Inc. requested the substitution of Diversified Landscape Co. as a subcontractor due to this issue in a letter dated July 14, 2023. -1-

Staff Report – Amendment No. 1 to AFN 967 with Select Electric, Inc. for the Bellflower Gateway Sign (Specifications No. 22/23-06)
August 14, 2023

Page 2 of 2 ends

DISCUSSION – Continued
This action would authorize the City Manager to execute Amendment No. 1 to the Public Works Contract with Select Electric Inc. to substitute Angels Landscape for Diversified Landscape Co.

ATTACHMENTS:

Amendment No. 1 to AFN 967 ........................................................................................ 3 Select Electric, Inc.’s Request for Subcontractor Substitution ......................................... 5

-2-

Page 1 of 2 ends

AMENDMENT NO. 1 TO
AGREEMENT FILE NO. 967 BETWEEN

THE CITY OF BELLFLOWER AND
SELECT ELECTRIC, INC.

FOR THE BELLFLOWER GATEWAY SIGN, SPECIFICATIONS NO. 22/23-06

THIS AMENDMENT No. 1 (“Amendment”) is made and entered into this 14th day of August 2023, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and SELECT ELECTRIC, INC., a California corporation (“CONTRACTOR”).

SECTION 1. Pursuant to Section 17 (Authority/Modification) of the Public Works Contract for Specifications No. 22/23-06 (“Contract”), Section B-6 (List of Subcontractors and Off-Job Fabricators) is amended to include the following:

Name of Subcontractor or Off-Job Fabricator – Diversified Landscape Contractor’s License No. DIR Registration No. – 1000009249 Business Address Telephone No. Email Address – 21730 Bundy Canyon Road, Wildomar, CA 92595 Phone: 951-245-1686 Fax: 800-783-4197 Items of Work and Dollar Amount – Landscaping $150,000

SECTION 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

SECTION 3. 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 to 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.

SECTION 4. Except as modified by this Amendment, all other terms and conditions of the Contract remain the same.

[SIGNATURES ON NEXT PAGE]

-3-

City of Bellflower
AFN 967 - Amendment No. 1
Specifications No. 22/23-06
Select Electric, Inc.

Page 2 of 2 ends

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

CITY OF BELLFLOWER SELECT ELECTRIC INC.

_____________________________ ______________________________ Jeffrey L. Stewart, City Manager Allen McLane, President

ATTEST:

_____________________________ _______________________________ Mayra Ochiqui, City Clerk Sam Passanisi, Assistant Secretary

APPROVED AS TO FORM:

_____________________________
Karl H. Berger, City Attorney Taxpayer ID No. 95-2852066

Attachment:

Exhibit A – Substitution Request Letter
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G`
o BELLFLO ,
f staf4 . L
C4pk,NG ra_ {
F e p o r t
TO:Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Travis Sais, Interim Human Resources and Risk Manager SUBJECT: Consideration and possible action to adopt Resolution No. 23-31 — A Resolution establishing the salary ranges and benefits for employees and authorizing the City Manager to implement such changes.

DATE: August 14, 2023

EXECUTIVE SUMMARY
The City reached agreement with all of the Labor Unions as well as the unrepresented employee groups on the financial considerations that were negotiated and would like to implement the attached salary ranges and benefits effective July 1, 2023.

RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 23-31, with the Basic Salary Plan and additional benefits; 2) Authorize the City Manager to implement that plan as soon as appropriate; or 3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
The costs to implement the compensation and benefit adjustments for full-time and part-time employees as contained in Exhibits A and B are approximately $614,000 for fiscal year 2023-24 and $1,060,000 for fiscal year 2024-25.

DISCUSSION
The proposed salary plan was calculated by implementing the 2023 compensation study at labor market median. Using the City's established salary table, each position was placed in the closest higher range based on the top monthly salary date of the benchmark salary for that position. Each employee was then placed in the designated range at a step equal to or greater than his or her preexisting salary. For those positions found to be at or above the labor market median, the positions have been kept at their current range and the incumbent employees have been kept in their current step and salary.

Page 1 of 2 ends

Staff Report— Salary and Benefits for All Employees
August 14, 2023

Page 2 of 2 ends

DISCUSSION
The proposed additional benefits were agreed to by the City Council and Bargaining Units 1511 (Mid-Managers), 3745 (Maintenance), Bellflower City Employees Association BCEA— Executive Assistants), BCEA— Part Time as well as the full-time unrepresented employees.

ATTACHMENTS:

Resolution No. 23-31 3
Exhibit A - Basic Salary Plan 5
Exhibit B - Benefits 9
2-

CITY OF BELLFLOWER
RESOLUTION NO. 23-31

A RESOLUTION ESTABLISHING THE SALARY RANGES AND

BENEFITS FOR EMPLOYEES AND AUTHORIZING THE CITY

MANAGER TO IMPLEMENT SUCH CHANGES
THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. The City Council authorizes the City Manager, or designee, to compensate all employee classifications at the rates set forth in the attached Exhibit "A," which is incorporated by reference. Those compensation rates become retroactively effective July 1, 2023 pursuant to Labor Code §1182.12.

SECTION 2. Except as may be provided by separate resolution as to unrepresented employees, the City Council authorizes the City Manager, or designee, to implement the benefit changes as set forth in Exhibit "B," which is incorporated by reference. Those benefits become retroactively effective July 1, 2023 pursuant to Labor Code §1182.12.

SECTION 3. Except as otherwise provided, the City Council authorizes the City Manager, or designee, to amend the Operating Budget for fiscal years 2023-2025 to incorporate and provide adequate funding for the compensation and benefit adjustments.

SECTION 4. 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 5. 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 her duly appointed deputy, is directed to attest thereto.

SECTION 6. Recordation. The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolution of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.

SECTION 7. Effective Date. This Resolution becomes effective immediately upon adoption and will remain effective unless repealed or superseded.

Page 1 of 2 ends

City of Bellflower
Resolution No. 23-31

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 14TH DAY OF AUGUST 2023.

Sonny R. Santa Ines, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
ATTACHMENTS:

Exhibit A— City of Bellflower Salary Ranges
Exhibit B — Benefit Changes
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City of Bellflower Page 1 of 4
Salary Table Effective 7-1-2023
Exhibit A-Full Time Base Salary Plan -Effective 7/1/23

1. Range numbers preceded with an"E"are Exempt 6. Approximately 20%between salary minimum&maximum

2. Range numbers preceded with a"N"are Non-Exempt 7. Titles followed with a"*"are flexibly staffed

3. Any full-time range/title may be used as part-time by substituting a"P"for the"E"or"N" 8. Total Authorized Positions for flexibly staffed titles with a"#"show higher titles of the range number 9. Job Analysis Groups: A-Management and Administrative Jobs,B-Maintenance Jobs,

4. Approximately 1.0%between each Range number C-Field Jobs(With Driving),and D-Field Jobs(Without Driving)

5. Five steps,approximately 5%between each step
I
Range Title Group
Authorized Job Job Base Salary(Monthly)
Positions Analysis Family Step A Step B Step C Step D Step E N163 Administrative Assistant Exec.Asst. 0 A A 4,218 4,429 4,650 4,883 5,127 N165 Maintenance Worker I*Maintenance 5 B C 4,303 4,518 4,744 4,981 5,230 N166 Community Services Officer I* Mid-Mgt. 2 C B 4,346 4,563 4,791 5,031 5,283 N168 Accounting Technician I* Mid-Mgt. 0 A D 4,434 4,656 4,889 5,133 5,390 N173 Executive Assistant I* Exec.Asst. 5 A A 4,659 4,892 5,137 5,394 5,664 N175 Maintenance Worker II* Maintenance 13# B C 4,753 4,991 5,241 5,503 5,778 N178 Accounting Technician II*Mid-Mgt. 2# A D 4,897 5,142 5,399 5,669 5,952 N180 Code Enforcement Inspector I* Mid-Mgt. 1 C F 4,996 5,246 5,508 5,783 6,072 N181 Community Services Officer II* Mid-Mgt. 1# C B 5,046 5,298 5,563 5,841 6,133 N183 Executive Assistant II* Exec.Asst. 4# A A 5,148 5,405 5,675 5,959 6,257 N187 Management Assistant Mid-Mgt. 3 A H 5,357 5,625 5,906 6,201 6,511 N189 Recreation Coordinator Mid-Mgt. 2 D I 5,465 5,738 6,025 6,326 6,642 N191 Senior Community Services Officer Mid-Mgt. 1 C B 5,575 5,854 6,147 6,454 6,777 N193 Executive Assistant III* Exec.Asst. 0# A A 5,687 5,971 6,270 6,584 6,913 N195 Code Enforcement Inspector II*Mid-Mgt. 3# C F 5,800 6,090 6,395 6,715 7,051 E197 Management Analyst I Mid-Mgt. 1 A H 5,917 6,213 6,524 6,850 7,193 E197 Management Analyst I (Confidential) Unrepresented 1 A N/A 5,917 6,213 6,524 6,850 7,193 N199 Assistant Planner* Mid-Mgt. 0 A K 6,036 6,338 6,655 6,988 7,337 5-

City of Bellflower Page 2 of 4
Salary Table Effective 7-1-2023
Range Title Group
Authorized Job Job Base Salary(Monthly)
Positions Analysis Family Step A Step B Step C Step D Step E N199 Maintenance Crew Leader Maintenance 7 B C 6,036 6,338 6,655 6,988 7,337 E201 Accountant Mid-Mgt. 1 A L 6,158 6,466 6,789 7,128 7,484 E201 Finance Analyst Mid-Mgt. 1 A L 6,158 6,466 6,789 7,128 7,484 N203 Deputy City Clerk Unrepresented 0 A N/A 6,282 6,596 6,926 7,272 7,636 N206 Executive Assistant to the City Manager Unrepresented 1 A N/A 6,472 6,796 7,136 7,493 7,868 E209 Recreation Supervisor I Mid-Mgt. 2 D I 6,668 7,001 7,351 7,719 8,105 E212 Management Analyst II Mid-Mgt. 2 A H 6,871 7,215 7,576 7,955 8,353 E212 Marketing Specialist Mid-Mgt. 0 A H 6,871 7,215 7,576 7,955 8,353 E214 Associate Planner*Mid-Mgt. 2# A K 7,009 7,359 7,727 8,113 8,519 E219 Code Enforcement Supervisor Mid-Mgt. 1 C F 7,366 7,734 8,121 8,527 8,953 E219 Public Safety Supervisor Mid-Mgt. 0 A B 7,366 7,734 8,121 8,527 8,953 E219 Recreation Supervisor II Mid-Mgt. 0 D I 7,366 7,734 8,121 8,527 8,953 E225 Senior Accountant Mid-Mgt. 0 A L 7,819 8,210 8,621 9,052 9,505 E227 Senior Management Analyst Mid-Mgt. 0 A H 7,976 8,375 8,794 9,234 9,696 E227 Senior Marketing Specialist Mid. Mgt. 1 A H 7,976 8,375 8,794 9,234 9,696 E228 PW Division Head-Streets/Facilities Mid-Mgt. 2 B C 8,056 8,459 8,882 9,326 9,792 E228 PW Division Head-Inspection Services Mid-Mgt. 1 C C 8,056 8,459 8,882 9,326 9,792 E229 Recreation and Marketing Supervisor Mid-Mgt. 1 A C 8,137 8,544 8,971 9,420 9,891 E229 Senior Planner Mid-Mgt. 1 A K 8,137 8,544 8,971 9,420 9,891 E232 Associate Engineer Mid-Mgt. 0 A M 8,383 8,802 9,242 9,704 10,189 E242 Assistant City Engineer Mid-Mgt. 1 A M 9,260 9,723 10,209 10,719 11,255 E243 Assistant to the City Manager Non-Rep. 1 A N/A 9,353 9,821 10,312 10,828 11,369 E245 Recreation Manager Mid-Mgt. 1 A I 9,541 10,018 10,519 11,045 11,597 E246 Planning Manager Mid-Mgt. 1 A K 9,637 10,119 10,625 11,156 11,714 E249 Public Safety Manager Mid-Mgt. 1 A B 9,930 10,427 10,948 11,495 12,070 j 6- '

City of Bellflower Page 3 of 4
Salary Table Effective 7-1-2023
Range Title Group Authorized Job Job Base Salary(Monthly) Positions Analysis Family Step A Step B Step C Step D Step E E254 Finance Manager Mid-Mgt. 1 A L 10,439 10,961 11,509 12,084 12,688 E254 IT Manager Unrepresented 1 A N/A 10,439 10,961 11,509 12,084 12,688 E255 Public Works Manager Mid-Mgt. 1 A H 10,543 11,070 11,624 12,205 12,815 E265 Human Resources and Risk Manager Unrepresented 1 A N/A 11,647 12,229 12,840 13,482 14,156 E284 Director of Parks&Recreation Unrepresented 1 A N/A 14,072 14,776 15,515 16,291 17,106 E284 Director of Public Safety Unrepresented 1 A N/A 14,072 14,776 15,515 16,291 17,106 E284 Director of Planning and Building Services Unrepresented 1 A N/A 14,072 14,776 15,515 16,291 17,106 E285 Director of Economic Development Unrepresented 1 A N/A 14,213 14,924 15,670 16,454 17,277 E285 Director of Finance Unrepresented 1 A N/A 14,213 14,924 15,670 16,454 17,277 E292 Assistant CM/Director of Public Works Unrepresented 1 A N/A 15,238 16,000 16,800 17,640 18,522 7-

City of Bellflower Page 4 of 4
Salary Table Effective 7-1-2023
Part Time Base Salary Plan - Effective 7/1/23

1. Approximately 1.0%between each Range number

2. Five steps,approximately 5%between each step

3. Approximately 20% between salary minimum&maximum

4. Job Analysis Groups: A-Management and Administrative Jobs,B-Maintenance Jobs,C Field Jobs(With Driving),and D-Field Jobs(Without Driving).

5. Salary ranges that are below minimum wage are shown at minimum wage.

Job Basic Salary Plan(Hourly)
Range Title
Analysis Step A Step B Step C Step D Step E
P54 Maintenance Assistant B 15.5000 N/A N/A N/A N/A
P54 Intern I A 15.5000 N/A N/A N/A N/A
P121 Intern II A 16.0269 16.8288 17.6712 18.5538 19.4827 P123 Recreation Leader D 16.3558 17.1750 18.0346 18.9346 19.8808 P123 Auditorium Technician D 16.3558 17.1750 18.0346 18.9346 19.8808 P128 Lifeguard D 17.1865 18.0462 18.9462 19.8923 20.8846 P132 Office Assistant A 17.8846 18.7888 19.7192 20.7058 21.7385 P133 Recreation Leader II D 18.0635 18.9692 19.9154 20.9135 21.9577 P133 Auditorium Technician II D 18.0635 18.9692 19.9154 20.9135 21.9577 P138 Lifeguard II D 18.9808 19.9327 20.9308 21.9750 23.0712 P143 Recreation Specialist D 19.9500 20.9481 21.9981 23.1000 24.2538 P147 Intern III (Management Intern) A 20.7577 21.7962 22.8865 24.0288 25.2288 P148 Aquatics Specialist D 20.9654 22.0154 23.1173 24.2712 25.4827 P173 Program Coordinator D 26.8788 28.2231 29.6365 31.1192 32.6769 8-

EXHIBIT B— Benefits for positions listed in Exhibit A
Salary Survey Implementation
The 2023 salary survey results will be implemented at the labor market median by placing positions into the closest, higher range and then placing employees into the designated range at the step equal to or higher than their current salary (nearest dollar placement).

Cost of Living Increases
Except for Parks and Recreation part-time positions and salary range P54, all positions listed in Exhibit A will receive a 3.2% COLA effective July 1, 2023. The Parks and Recreation Department restructured its part-time personnel salary ranges to be more comparable with neighboring and nearby cities. The new part-time rates for Parks and Recreation will be effective July 1, 2023. All positions other than salary range P54 and Parks and Recreation part-time positions will receive another COLA based on the actual increase in the Consumer Price Index (CPI) "all items index" data from May to May of the preceding year, as provided by the Bureau of Labor Statistics for the Los Angeles-Long Beach-Anaheim, CA area, effective June 29, 2024. The COLA will not be less than 3% Floor") and will not exceed 5% ("Ceiling").

City Medical Contribution
Effective January 1, 2024 the City paid medical maximum contribution will be $1,800.

Effective January 1, 2025 the City paid medical maximum contribution will be $1,925.

Hazard Pay
AFSCME 3745 represented employees will have the option to complete an annual training for an additional 3% in compensation of base pay for "Hazard" Pay. The training will be offered semiannually and must be completed once annually by covered employees in order to receive "Hazard" pay. "Hazard Pay" means special compensation for physical work performed under unpleasant or unsafe conditions as determined by the Personnel Officer. An "unsafe condition" means the existence of a mechanical, physical, chemical, or environmental condition or situation which may cause a hazard or accident.

Service Awards
Beginning with the December 2023 Service Awards, represented part-time award amounts will be as follows:
5 years-$500, 10 years -$1,000, 15 years - $1,500, 20 years-$2,000, 30 years - $3,000, 35 years - $3,500, 40 years - $4,000.

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Exhibit B - Benefits for positions listed in Exhibit A
August 14, 2023

Page 2 of 2 ends

Employees with 5 or more years of service who separate after their anniversary date but prior to the December Employee Recognition Event will receive their award in their final paycheck.

Wellness Program
All full-time employees (represented and non-represented) and BCEA part-time employees may be reimbursed each fiscal year up to $70 for eligible wellness program expenses.

Safety Boot Allowance
Uniformed employees of the Public Works, Public Safety, Code Enforcement and Parks and Recreation Departments who are regularly assigned to field duties will be reimbursed for the cost of conventual-style work shoes of substantial construction, and for laces, insoles, and related accessories or repairs up to $350 per fiscal year, subject to Department Head approval.

Sick Leave Increase
Five days paid sick leave will be granted to BCEA part-time represented employees. Paid sick leave for part-time employees must be used during the fiscal year in which it was received, and unused paid sick leave will not be rolled over to subsequent fiscal years.

Unused paid sick leave will not be cashed out at the end of the fiscal year. 10-

Page 1 of 2 ends

SUPPLEMENTAL MATERIAL – ITEM 14-L
AUGUST 14, 2023, CITY COUNCIL MEETING
EXHIBIT B – Benefits for positions listed in Exhibit A

Salary Survey Implementation

The 2023 salary survey results will be implemented at the labor market median by placing positions into the closest, higher range and then placing employees into the designated range at the step equal to or higher than their current salary (nearest dollar placemen t).

Cost of Living Increases

Except for Parks and Recreation part-time positions and salary range P54, all positions listed in Exhibit A will receive a 3.2% COLA effective July 1, 2023. The Parks and Recreation Department restructured its part-time personnel salary ranges to be more comparable with neighboring and nearby cities. The new part-time rates for Parks and Recreation will be effective July 1, 2023. All positions other than salary range P54 and Parks and Recreation part-time positions will receive another COLA based on the actual increase in the Consumer Price Index (CPI) “all items index” data from May to May of the preceding year, as provided by the Bureau of Labor Statistics for the Los Angeles -Long Beach-Anaheim, CA area, effective June 29, 2024. The COLA will not be less than 3% (“Floor”) and will not exceed 5% (“Ceiling”).

City Medical Contribution

Effective January 1, 2024 the City paid medical maximum contribution will be $1,800.

Effective January 1, 2025 the City paid medical maximum contribution will be $1,925.

Hazard Pay

AFSCME 3745 represented employees, including full-time positions within the Community Services Officer I, Community Services Officer II and Senior Community Services Officer classifications will have the option to complete an annual training for an additional 3% in compensation of base pay for “Hazard” Pay. The training will be o ffered semiannually and must be completed once annually by covered employees in order to receive “Hazard” pay. “Hazard Pay” means special compensation for physical work performed under unpleasant or unsafe conditions as determined by the Personnel Officer.

An “unsafe condition” means the existence of a mechanical, physical, chemical, or environmental condition or situation which may cause a hazard or accident.

Service Awards

Beginning with the December 2023 Service Awards, represented part-time award amounts will be as follows:

Exhibit B - Benefits for positions listed in Exhibit A
August 14, 2023

Page 2 of 2 ends

5 years - $500, 10 years - $1,000, 15 years - $1,500, 20 years - $2,000, 30 years - $3,000, 35 years - $3,500, 40 years - $4,000.

Employees with 5 or more years of service who separate after their anniversary date but prior to the December Employee Recognition Event will receive their award in their final paycheck.

Wellness Program

All full-time employees (represented and non-represented) and BCEA part-time employees may be reimbursed each fiscal year up to $70 for eligible wellness program expenses.

Safety Boot Allowance

Uniformed employees of the Public Works, Public Safety, Code Enforcement and Parks and Recreation Departments who are regularly assigned to field duties will be reimbursed for the cost of conventual-style work shoes of substantial construction, and for laces, insoles, and related accessories or repairs up to $350 per fiscal year, subject to Department Head approval.

Unused paid sick leave will not be cashed out at the end of t he fiscal year.

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

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Travis Sais, Interim Human Resources and Risk Manager

SUBJECT: Consideration and possible action to adopt Resolution No. 23-32 – A Resolution fixing the salary rates and benefits for unrepresented employees; and authorizing the City Manager to implement that Plan as appropriate.

DATE: August 14, 2023

EXECUTIVE SUMMARY

The City historically prepares a two-year Resolution for Unrepresented Employees to parallel the MOU’s for represented employees. The Resolution for Unrepresented Employees for fiscal years 2023-24 and 2024-25 is now complete.

RECOMMENDATION TO CITY COUNCIL

1) Adopt Resolution No. 23-32, with the benefits for the Unrepresented Employees; and

2) Authorize the City Manager to implement that Plan as soon as appropriate; or

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

FISCAL IMPACT

The costs to implement the compensation and benefit adjustments for all full -time and part-time employees including unrepresented employees are approximately $614,000 for fiscal year 2023-24 and $1,060,000 for fiscal year 2024-25.

ATTACHMENT:

Resolution No. 23-32....................................................................................................... 2

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CITY OF BELLFLOWER

RESOLUTION NO. 23-32

A RESOLUTION FIXING THE SALARY RATES AND BENEFITS FOR

UNREPRESENTED EMPLOYEES

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Unrepresented Employees. The following employees are not represented by any bargaining unit (“Unrepresented Employees”) and are subject to this Resolution:

Full Time Positions – Executives

Assistant City Manager/Director of Public Works
Director of Finance
Director of Economic Development
Director of Parks and Recreation
Director of Planning and Building Services
Director of Public Safety

Full Time Positions

Assistant to the City Manager
Deputy City Clerk
Executive Assistant to the City Manager
Human Resources and Risk Manager
Information Technology (IT) Manager
Management Analyst I (Confidential)

Part Time Positions

Accounting Technician I
Accounting Technician II
Administrative Assistant
Recreation Leader
Recreation Leader II
Lifeguard
Lifeguard II
Intern I
Intern II
Intern III (Management Intern)
Auditorium Technician
Auditorium Technician II
Aquatics Specialist
Recreation Specialist
Office Assistant
Program Coordinator
Maintenance Assistant
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SECTION 2. Personnel Rules. Unless specifically provided differently in this Resolution, the Personnel Rules adopted by Resolution No. 21-30 on April 26, 2021 apply to all Unrepresented Employees.

SECTION 3. Contract Public Officials. The City Manager, City Attorney, and City Clerk are not subject to this Resolution. Those public officials contract directly with the City Council. The terms of their appointments including, without limitation, wage and benefits, are subject to the terms and conditions of their respective contracts.

SECTION 4. Base Salary. Retroactively effective July 1, 2023, Unrepresented Employee salaries will be in the range set forth in a separate City Council resolution and are incorporated by reference (the “Base Salary”).

SECTION 5. COLA Increase. Except for Parks and Recreation part-time positions, the Base Salary for each current Unrepresented Employee governed by this Resolution will be increased by 3.2% retroactively effective July 1, 2023 to reflect the cost of living adjustments (“COLA”). The Parks and Recreation Department restructured its part-time personnel salary ranges to be more comparable with neighboring and nearby cities. The new part-time rates for Parks and Recreation will be retroactively effective July 1, 2023. All positions other than Intern I, Maintenance Assistant and Parks and Recreation part-time positions will receive another COLA based on the actual increase in the Consumer Price Index (CPI) “all items index” data from May to May of the preceding year, as provided by the Bureau of Labor Statistics for the Los Angeles-Long Beach-Anaheim, CA area, effective June 29, 2024. The COLA will not be less than 3% (“Floor”) and will not exceed 5% (“Ceiling”).

SECTION 6. Fair Labor Standards Act (“FLSA”).

A. Exempt Employees. Exempt employees include all executive, administrative or professional employees who are classified as exempt employees under the provisions of the Fair Labor Standards Act. Exempt employees are salaried employees, and are paid a full salary for any week in which they perform work, without regard to the number of days or hours worked, unless meeting one of the exceptions of the Fair Labor Standards Act. Exempt employees are not subject to the overtime provisions of the Fair Labor Standards Act.

B. Non-Exempt Employees. Non-exempt Employees include all other full and part-time employees who do not meet the test for exempt employees as defined by the Fair Labor Standards Act. In general, these include all hourly employees, regardless of duties. Non-exempt employees are paid for actual days and hours worked, and are subject to the overtime provisions of the Fair Labor Standards Act.

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SECTION 7. Administrative Leave. Executive level employees and those unrepresented employees designated by the City Manager may receive up to 80 hours of administrative leave each fiscal year. Paid administrative leave is not cumulative fr om year-to-year and has no cash-out value. On a case by case basis, and at the sole discretion of the City Manager, administrative leave up to 80 hours per fiscal year may be provided to a non-exempt employee.

SECTION 8. Public Employees’ Retirement System. City is a contract member of the California Public Employees’ Retirement System (CalPERS). Under this contract, all full-time Unrepresented Employees, are classified as “miscellaneous members.”

A. CalPERS Employer’s Contribution. The City will pay the CalPERS employer’s contribution.

B. CalPERS Member’s Contribution. Employees will pay the CalPERS member’s contribution.

C. CalPERS Membership.

1. Beginning January 1, 2013, a 2% @ 62-Full formula –applies to new members to Cal PERS or an individual with a 6-month break in service (Government Code § 7522.20).

2. 2% @ 55-Full formula for Classic CalPERS members and with prior CalPERS service credit with no service break greater than 6 months (Government Code § 21354.5).

3. 1959 Survivor Benefit at funding (Government Code § 21574).

4. One Year Final Compensation for Classic CalPERS members (Government Code § 20042).

5. Military Service Credit as Public Service (Government Code § 21024).

6. Credit for Unused Sick Leave (Government Code § 20965).

SECTION 9. Medical Coverage. The City participates in the CalPERS medical insurance program pursuant to the Public Employees’ Medical and Hospital Care Act (“PEMHCA”), or other comparable health insurance as determined by the City, to provide medical insurance benefits to full-time Unrepresented Employees and their eligible dependents. The maximum level of payment for health insurance will be $1,625 per month. Effective January 1, 2024, the maximum level of payment for health insurance will be $1,800. Effective January 1, 2025, the maximum level of payment for health insurance will be $1,925.

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Resolution No. 23-32

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SECTION 10. Use of Accrued Vacation for Above City-Paid Contribution Maximum Health Insurance. Unrepresented Employees who elect a health insurance program with a premium above the City-paid contribution maximum may also elect to use the cash value of redeemed accrued vacation to pay for any above maximum premium.

Such use will be on a dollar-for-dollar and pre-tax basis. Such election must be made in writing, may cover all or a specified part of the over maximum premium, and will remain in effect for one calendar year unless the participant terminates employment with the City during the year. If accrued vacation is insufficient to pay for any above maximum premium, the difference will be deducted from the employee’s net pay.

SECTION 11. Retiree Medical Benefits.

A. To the extent this Resolution governs Annuitants who were Unrepresented Employees before the effective date of this Resolution, the City Council intends that this Resolution be retroactively effective. This Resolution is of general application to Annuitants who retired before its effective date. The benefits provided to individual Annuitants may be affected by separate instruments including, without limitation, separation agreements. In the event of any conflict between such agreements and this Resolution, the separate instrument will govern the benefits provided to such Annuitants.

B. For Annuitants hired as full-time before June 1, 2004, who subsequently retire from PERS service from the City of Bellflower, t he City will continue to pay premiums as set forth in this Resolution and all other costs of health insurance for retirees, spouses or registered domestic partners and eligible dependents through the California Public Employees’ Retirement System (CalPERS) Health Insurance or other comparable health insurance in an amount not to exceed the City’s contribution for current full-time employees.

Once each year, the City will allow all employees who were first employed before June 1, 2004, to individually elect to be subject to the provisions of the Vesting Requirement (Resolution No. 04-28).

SECTION 12. Opt Out and Cash in Lieu. All Unrepresented Employees must enroll in an available City health program unless they opt out in accordance with this Resolution. An Unrepresented Employee may receive cash in lieu for opting out of City's health insurance program if the employee provides proof that the Unrepresented Employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with City's plan year to which the opt out applies ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"). The Unrepresented Employee must sign an attestation, under penalty of perjury, each plan year that the Unrepresented Employee seeks to opt out within 30 days after the start of the plan year. The opt-out payment cannot be made, and City will not make payment, if the City knows or has reason to know that the employee or tax family member does not have such alternative coverage or if the conditions in this paragraph are not otherwise satisfied. Unrepresented Employees who -5-

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Resolution No. 23-32

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opt out of the City sponsored medical plan and comply with the attestation requirement will receive one half of the City paid maximum contribution as taxable cash each month; opting out of dental coverage will result in compensation of $80 per month, subject to this Section. This amount is not considered as pensionable compensation for the purposes of CalPERS. All Unrepresented Employees agree to the necessary deductions from their pay for any of their chosen cafeteria plan benefits that exceed the maximums stated above. In addition, Unrepresented Employees are not eligible to receive taxable cash to the extent their chosen cafeteria plan benefits are less than maximums stated above.

Unrepresented Employees and their dependents will only be eligible to reinstate medical and/or dental coverage during open enrollment periods, except that employees who furnish proof that they have involuntarily lost their comparable medical insurance may apply for immediate reinstatement to take effect on the first day of the month following this request. Open enrollment periods may be subject to change at the sole discretion of CalPERS and the dental insurance carriers. The City is not responsible for any such changes.

SECTION 13. Additional Benefits.

A. Dental Insurance. The City will pay the full premium and all other costs of dental insurance through Delta Dental or Delta Care for all full-time employees, spouses or registered domestic partners and eligible dependents.

B. Vision Insurance. The City will pay the full premium and all other costs of vision insurance through MES Vision for all full-time employees, spouses or registered domestic partners and eligible dependents.

C. All Full-Time Unrepresented Employees will be provided group life insurance policy equal to the annual salary of the highest main step of the highest class of the affected employees as of July 1, annually. All eligible dependents of full-time employees will receive $5,000 of group life insurance.

SECTION 14. Deferred Compensation. Effective the first day of the pay period following the effective date of this Resolution, Full-Time Unrepresented Employees are eligible for up to 4% of combined base salary and bilingual pay for matching deferred compensation contribution. There is no City match for Part-Time Unrepresented Employees. There is no City match for any catch-up contributions allowed by applicable law. The City will also provide a 401(a) plan for all Full-Time Unrepresented Employees.

Contributions will be optional except the following contribution: 100% of each participant’s sick and vacation leave upon retirement, net of payroll taxes and other statutory and contractual deductions, subject to IRS Code Section 415(c)(1)(A) limits. Unrepresented Employees must enroll within 60 days of eligibility.

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Resolution No. 23-32

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SECTION 15. Flexible Staffing. Certain Unrepresented Employee positions are designated as “flexibly staffed.” Unrepresented Employees in a flexibly staffed position may be promoted from a “I” level to a “II” level through a promotion instead of through a competitive process. For advancement between flexibly staffed positions, an Unrepresented Employee must meet all the requirements for the higher position as specified in the Classification Specifications, have a minimum of three years of demonstrated satisfactory performance in his/her current position, and must submit a written request justifying his/her advancement, favorably endorsed by his/her immediate supervisor up to and including his/her department head. In any case where a request is rejected, the employee will be counseled in writing as to what actions must be taken to be advanced. Subsequent requests for advancement may only be made at six-month intervals. The City Manager may in his/her sole discretion, waive up to one year of the three years of demonstrated satisfactory performance.

SECTION 16. Computer Loan Program. The City has established a loan program to enable Full-Time Unrepresented Employees in good standing and with at least 12-months of service to purchase computers and associated software and peripherals.

A. The maximum amount of the loan will be $3,000, with no interest, for a maximum period of 30 months.

B. No employee will be authorized a second loan before the first loan being paid in full.

C. Any remaining unpaid balance is due from the employee’s personal resources.

D. The City Manager will promulgate administrative policies and procedures to implement this program.

SECTION 17. Tuition Reimbursement.

A. Full-Time Unrepresented Employees enrolled in an accredited college, university or other school and in a course of study related to their employment by the City are eligible for reimbursement of basic registration fees, course fees, parking fees, and books to an annual individual maximum of $2,500 per fiscal year. The City Council intends for such reimbursement to meet the exception from special compensation set forth in 2 Cal. Code of Regs. § 571(a)(2) for costs of “an application or test, books, tuition or travel.” To receive reimbursement, the course(s) of study must be approved in advance by the City, such determination to be in the sole discretion of the City, and the employee must furnish proof of their successful completion of the course with a grade equivalent to “B” (or “pass” for those graded on a pass-fail basis). If for any reason an employee receiving reimbursement leaves the City’s service within one year of the date of reimbursement, he/she must re-pay the City in full for any reimbursement received. If for any reason an employee receiving reimbursement leaves the City’s service -7-

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between one and two years from the date of reimbursement, he/she must re-pay the City in full for 50% of any reimbursement received. Any remaining unpaid balance constitutes a personal debt of the former employee and will accrue interest at the statutory rate. The City Manager is authorized to undertake such action that may be necessary to collect any such debt.

SECTION 18. Long Term Disability. All Full-Time Unrepresented Employees will receive City paid long-term disability insurance.

SECTION 19. Bereavement Leave. Notwithstanding Personnel Rule No. 810.5, full-time Unrepresented Employees may utilize up to four days paid bereavement leave .

SECTION 20. Bilingual Pay. Unrepresented Employees who are in regular contact with the public, as approved by the City Manager, may be compensated for bilingual capability at an amount ranging from one to five percent of base salary.

SECTION 21. Flex Benefit Plan (IRC 125). The City will provide an optional cafeteria plan or “flexible spending plan” to all full-time employees. The City will manage the plan and pay for all administrative costs of the plan. The plan year will be from January 1st through December 31st and employees must enroll during the plan’s open enrollment period during the previous year. Dependent c are and medical reimbursement accounts will both be available.

SECTION 22. Transportation Allowance.

A. Full-Time Executive level Unrepresented Employees and those unrepresented employees designated by the City Manager who are regularly required to use their personal vehicles in the performance of their official duties, as determined in the sole discretion of the City Manager, will be compensated at a rate of $350 per month. All employees who receive a transportation allowance are required to carry liability insurance in the amounts and types as determined in the sole determination of the City Manager.

B. Employees using their personal vehicle while traveling on official business, who receive a transportation allowance, and who are eligible for per diem, will receive compensation at the U.S. Internal Revenue Service standard mileage rate.

SECTION 23. Wellness Program. The City will provide for a voluntary wellness program. All full-time employees (represented and non-represented) may be reimbursed each fiscal year up to $70 for eligible wellness program expenses. The activities list attached as Exhibit “A,” and incorporated by reference, is anticipated to be eligible for wellness expenses. Activities not listed in Exhibit “A” may be approved by the Personnel Officer, which approval will not be unreasonably withheld. The City Manager may promulgate such internal policies as may be needed to implement this program.

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SECTION 24. Termination and Severance. Regular permanent full-time employees holding the job titles of, Assistant to the City Manager, Director, or Human Resources and Risk Manager, whose employment is terminated for the convenience of the City or who resign in lieu of termination for the convenience of the City, and who execute a settlement agreement and general release between the employee and the City, will be paid severance equal to the sum of the highest rate of all pay, benefits and accruals due the employee during the last six months of their employment at the rate of two weeks of severance for each year of full-time service or portion thereof, to a maximum of 26 weeks. Except as required by law, such payment will not be subject to a CalPERS contribution. Such payment may, at the sole disc retion of the City Manager, be paid by lump sum or by periodic payments over a period not to exceed 26-weeks.The City Manager does not have authority to provide severance pay to Executive level Unrepresented Employees who are terminated, or resign in lieu of termination, for cause.

SECTION 25. This Resolution may be executed with electronic signatures in accordance with Government Code of the State of California §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 26. The City Clerk is directed to certify the adoption of this Resolution.

This Resolution supersedes all previous resolutions regarding the same subject -matter.

SECTION 27. 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 her duly appointed deputy, is directed to attest thereto.

SECTION 28. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 14TH DAY OF AUGUST 2023.

Sonny R. Santa Ines, Mayor
ATTEST:

Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

___________________________
Karl H. Berger, City Attorney

ATTACHMENT:

Exhibit A – Wellness Benefit Reimbursable Expenses
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Resolution No. 23-32

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Exhibit A

Wellness Benefit Reimbursable Expenses

1. Fitness/Sports:
• Fitness Trackers (i.e. fitbit,
apple watch, etc.)
• Running/training shoes
• Bicycle helmet
• Boxing gloves
• Punching Bag
• Foam roller
• Goggles
• Hiking boots
• Home free weights
• Home treadmill
• Outdoor bicycle
• Protective gear such as
sports helmet, goggles,
shin guards, wrist guards,
mouthguards
• Rock climbing shoes
• Rock climbing harness

2. Courses/lessons/memberships
• Gym Club memberships
• Dance lessons
• Art Classes
• Music Lessons
• Fun Run registration fees
• Marathon/race registration fees
• Martial arts lessons
• Personal training fees
• Self-defense courses
• Recreational sports team registration fees
• Swimming lessons

-10-

14-N
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 July 10, 2023, Special Meeting of the City Council.

DATE: August 14, 2023

EXECUTIVE SUMMARY

None

RECOMMENDATION TO CITY COUNCIL

1) Approve the July 10, 2023, Special Meeting Minutes; or

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

FISCAL IMPACT

None

ATTACHMENT

Minutes of the July 10, 2023, Special Meeting… ........................ ………………………… 2

11 MINUTES

CITY OF BELLFLOWER

SPECIAL MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, JULY 10, 2023, 3:30 P.M.

BELLFLOWER CITY HALL – COUNCIL CHAMBERS

1 CALL TO ORDER

Mayor Santa Ines called the Special Meeting to order at 3:30 p.m.

2 ROLL CALL

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, Mayor Pro Tem Hamada was absent.

Staff Participants:

Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Elizabeth Oba, Planning & Building Services Director
Travis Sais, Assistant to the City Manager
Jennifer Poole, Management Assistant

3 PUBLIC COMMENTS

For the record, public comments were taken during the discussion of Item 4 -A (Study Session).

Page 1 of 3 ends

2 Bellflower City Council Special Meeting Minutes Item No. 4-A July 10, 2023 Page 2 of 3

4 STUDY SESSIONS

A Consideration and possible action to receive, file, and provide direction based on a report and recommendations regarding establishing an Arts District on Clark Avenue between Alondra Boulevard and Rose Street.

For the record, Council Member Koops 1) announced that he would recuse on this item as he owns property within 500 feet of the subject property; and 2) left the dais at 3:32 p.m.

City Manager Stewart introduced the item.

For the record, Director of Planning & Building Services Oba 1) provided a PowerPoint presentation of the Staff Report with Consultant James Troyer, Senior Business Analyst of Tripepi Smith; and 2) along with City Manager Stewart and Consultant Troyer, responded to Council Members’ questions.

For the record, Mayor Santa Ines, 1) explained that he made the request about a year ago, as he drives Clark Avenue often and noticed that there were many vacant properties, especially between Alondra Boulevard and Oak Street; 2) noted that it would be nice to have an Arts District in this area and possibly use the new Youth and Senior “Oak Center” at Simms Park to display art pieces; and 3) suggested that the project could start small and be expanded slowly, similar to the development of the downtown area.

At the request of Mayor Santa Ines, Consultant Troyer stated that he would need to check regarding the projected timeline, from City Council approval to completion.

Lengthy discussion ensued regarding the matter among the City Council (Hamada absent; Koops recused), City Manager Stewart, Director Oba, and Consultant Troyer.

Jean Dare 1) stated that she welcomed the project; 2) expressed the opinion that a feasibility study may be a place to start in order to get a better understanding of the “draw” the project would have to the area; and 3) expressed that she liked the area of Flower Street to Alondra Boulevard, but suggested that “Area 2” had more potential for walkability and places to eat.

In response to comments from Jean Dare, 1) Mayor Santa Ines stated that he envisions the Art District attracting artists who will set up studios to make and show their art; and 2) Council Member Sanchez stated that he is more interested in the retail component of the project to revitalize Area 2.

3 Bellflower City Council Special Meeting Minutes Item No. 4-A July 10, 2023 Page 3 of 3

4 STUDY SESSIONS – Continued

Clarissa Ortega, Office of Assemblyman Anthony Rendon, 1) stated that she wanted to share some insight, as their office does work with artists; 2 ) noted that there has been concern over an artist’s income and their capability of building a studio space or mixed housing; 3) shared that the South East Los Angeles Artist’s Guild had been established and acted as a hub for artists in that area; 4) recommended speaking to this guild for further insight, as they promote and provide various opportunities for artists, noting that some artists within this network currently have developed studios; and 5) added that art is not only visual, but could include dance, culinary arts, and other mediums.

Following lengthy discussion, it was the consensus of the City Council to 1) establish an overlay zone on Clark Avenue between Alondra Boulevard and Rose Street for a designated Arts District; 2) subsequently, as part of the ongoing implementation of the Housing Element Update, the zoning standards for the Housing Opportunity Areas on Alondra Boulevard and Clark Avenue, Clark Aven ue and Park Street, and Clark Avenue and Artesia Boulevard will accommodate for additional housing and will include other standards and criteria that would support an Arts District; and 3) bring the matter back to the City Council for further consideration within six months to discuss recommendations for an implementation plan.

5 ADJOURNMENT

Without objection, Mayor Santa Ines adjourned the meeting at 4:38 p.m.

Sonny R. Santa Ines, Mayor
City of Bellflower

ATTEST:

Mayra Ochiqui, City Clerk
Approved: August 14, 2023
4 14-O
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 July 10, 2023, Regular Meeting of the City Council.

DATE: August 14, 2023

EXECUTIVE SUMMARY

None

RECOMMENDATION TO CITY COUNCIL

1) Approve the July 10, 2023, Regular Meeting Minutes; or

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

FISCAL IMPACT

None

ATTACHMENT

Minutes of the July 10, 2023, Regular Meeting… ........................ ………………………… 2

11 MINUTES

CITY OF BELLFLOWER

REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL

MONDAY, JULY 10, 2023
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7:00 P.M. OPEN SESSION

5:30 P.M. – CLOSED SESSION

1 CALL TO ORDER

Mayor Santa Ines called the Regular Meeting to order at 5:33 p.m. in the Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower.

2 ROLL CALL

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

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

For the record, Mayor Pro Tem Hamada was absent.

3 RECESS TO CLOSED SESSION

For the record, 1) City Manager Stewart read the titles of the Closed Session items; and 2) Council Member Koops announced that the would recuse himself from Item 3-B as he owns property within 1,000 feet of the subject property.

Noting the aforementioned recusal and there being no one in attendance wishing to provide public comments, without objection, Mayor Santa Ines recessed the Meeting at 5:32 p.m. to a Closed Session regarding:

Page 1 of 11 ends

2 Bellflower City Council Minutes Item No. 3-A
July 10, 2023 Page 2 of 11

3 RECESS TO CLOSED SESSION – Continued

A CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)

Agency Negotiator: Jeffrey L. Stewart, City Manager
Employee Organization: • AFSCME Local 1511 – Mid Managers • BCEA – Executive Assistants
• BCEA – Part Time Community Services Officers and
Part Time Maintenance Workers
• AFSCME Local 3745 – Maintenance Workers and
Community Services Officers

B CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)

Property: 8833 Cedar Street, Bellflower, CA 90706 Agency Negotiator: Jeffrey L. Stewart, City Manager
Negotiating Party: Vickie Dewey, Senior Property Manager, Meltdown Management, LLC
Under Negotiation: Price and terms of payment

C CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)

Property: 2,000 acre feet of groundwater Agency Negotiator: Jeffrey L. Stewart, City Manager Negotiating Party: Steve Lenton, Bellflower Somerset Mutual Water Company
Under Negotiation: Price and terms of payment

For the record, Closed Session adjourned at 5:58 p.m.

4 RECONVENE FOR OPEN SESSION

Mayor Santa Ines reconvened the Meeting at 7:00 p.m., with Mayor Pro Tem Hamada absent, and announced that no reportable action was taken during Closed Session.

7:00 P.M. – OPEN SESSION

5 CALL TO ORDER

Mayor Santa Ines called the Open Session of the Regular City Counc il Meeting to order at 7:00 p.m.

3 Bellflower City Council Minutes Item No. 6
July 10, 2023 Page 3 of 11

6 ROLL CALL

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

Mayor 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 to excuse the absence of Mayor Pro Tem Hamada. The motion failed due to lack of a second.

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 Anna Garan, Finance Manager
Natalie Rivera-Estrada, Management Analyst II
Travis Sais, Assistant to the City Manager
Jennifer Poole, Management Assistant

7 INVOCATION

Council Member Victor A. Sanchez offered the Invocation.

8 PLEDGE OF ALLEGIANCE

Assistant City Manager / Director of Public Works Len Gorecki led the assembly in the Pledge of Allegiance.

9-A CITY COUNCIL ANNOUNCEMENTS

Mayor Santa Ines provided details relative to the Greater Los Angeles County Vector Control District and the “Mosquitos in Bellflower” presentation provided at the June 26, 2023, City Council Meeting.

Council Member Koops provided details relative to the next free movie under the stars hosted by the City to be held on July 11, 2023, at the Town Center Plaza.

Council Member Sanchez provided details relative to the next Summer Streetfest hosted by the City to be held on July 20, 2023.

Council Member Dunton provided details relative to the Chamber of Commerce’s next Monthly Morning Mingle to be held on July 25, 2023. 4 Bellflower City Council Minutes Item No. 9-B
July 10, 2023 Page 4 of 11

9-B PRESENTATION: Americans with Disabilities Act (ADA) Awareness Month

Mayor Santa Ines and his City Council colleagues declared July as Americans with Disabilities Act (ADA) Awareness month in the City of Bellflower and presented the proclamation to Bellflower Unified School Board Member, Dr. Sue El Hessen.

For the record, 1) Dr. Sue El Hessen accepted the proclamation and thanked the City Council; and 2) Lauren Yokomizo, Field Deputy for Los Angeles County Supervisor Janice Hahn, presented the City Council with a proclamation recognizing the City of Bellflower for proclaiming July as ADA month.

10 PUBLIC COMMENTS

Darlene Palacios, resident, 1) stated that she has been attending the City Council meetings since last September to advocate for the installation for flashing yellow lights at the intersection of Rose Street and Clark Avenue, she understands that they have been ordered, and wants to confirm the November installation date provided to her; 2) reiterated her advocacy for flashing lights because there is a nursing home on one end of her block and an assisted living center at the other end and she knows of two pedestrians who have died in recent years due to their inability to cross the street safely; and 3) reiterated that the sidewalk in front of her neighbor’s house was damaged due to a fallen tree, which children in the neighborhood have been using as a “ramp” for their bicycles, and noted that the disabled struggle to maneuver around it.

For the record, 1) Mayor Santa Ines stated that he had personally called Darlene Palacios last week after speaking with the Director of Public Works and provided her with the installation date of four months to complete; and 2) with regard to the damaged sidewalk, at the request of Mayor Santa Ines, Assistant City Manager/Director of Public Works Gorecki stated that he had a detailed conversation with the property owner after the last Council Meeting and gave him the estimated time of completion for the sidewalk repairs, so he is fully informed.

Anny Beck, resident, 1) inquired as to the City’s level of emergency preparedness and would like to inform residents regarding what they can do personally to be prepared for an emergency; and 2) expressed concerns relative to “5G” exposure and requested that the City prevent the installation of “5G” in the City.

In response to comments made by Anny Beck regarding emergency preparedness, Mayor Santa Ines stated that he requested a practice drill during the budget study session in May, the City’s plan is available on the website, and Director of Public Safety Hockman is available to speak to anyone directly on the matter.
5 Bellflower City Council Minutes Item No. 10
July 10, 2023 Page 5 of 11

10 PUBLIC COMMENTS – Continued

Guy Bremer, resident, 1) expressed the opinion that there was not enough coverage for illegal fireworks during the Fourth of July holiday in the evening in District 5, noting that there were non-stop fireworks for four hours in the vicinity of Beach Street and California Avenue, the amount of smoke and pollution was unacceptable, and there were two fires caused by fireworks; 2) inquired as to the amount of tickets written, noting that people lit illegal fireworks without fear of authority, and the City of Paramount wrote approximately 200 tickets for this period; 3) suggested the City consider banning all fireworks; and 4) stated that there were two unexcused absences at the last council meeting and inquired how many unexcused absences a Council Member could have.

In response to comments provided by Guy Bremer relative to illegal fireworks, Mayor Santa Ines assured the public that approximately 120 citations were given by six different vehicles on patrol that evening and the City would consider additional options with Public Safety staff to see what else could be done in the future.

John Butts, resident, expressed discontentment with the Sheriffs’ Department due to their history of a lack of response to five reported burglaries at his place of business and expressed the opinion that the City needs a new police agency.

Hugh McLarnon, resident, addressed the City Council relative to his home which he purchased in 2020 from a developer/builder (Samuel Wassif) who he described as deceptive, stating that 1) he le arned that homes may be sold without final building permits, certificates of occupancy, and listed code violations; 2) he hopes the City can put measures in place to prevent this practice from happening in the future; 3) the City provided the kind of opportunity Mr. Wassif seeks to commit fraud and there are various limited liability companies registered to him; 4) he is sad that his two neighbors are moving and they all feel let down by the City and its leadership, noting the City’s mission statement; and 5) the Sheriff’s Department is not performing as they should be.

Anthony Russell, resident, 1) expressed the opinion that cyclists on electric bicycles make using the sidewalks unsafe, there should be a type of licensing in place for operating those types of bicycles or a ticketing mechanism, the Sheriff’s Department should confiscate the bicycles as an individual would be seriously injured or paralyzed if they were to be hit by one, and bicycle lanes may help alleviate the problem; and 2) stated that people drive at very high speeds on Maple Street, including a vehicle that consistently drives in the early morning hours without the headlights on, and suggested the City install signage or mock cameras to try to combat the issue.

In response to comments provided by Anthony Russell, Mayor Santa Ines requested that he speak with Director of Public Safety Hockman regarding his concerns.
6 Bellflower City Council Minutes Item No. 11-A
July 10, 2023 Page 6 of 11

11 PUBLIC HEARINGS

A Consideration and possible action to conduct a public hearing to consider delinquent refuse service charges; and adopt Resolution No. 23 -25 – A Resolution ordering delinquent refuse service charges be assessed against the property owners and properties and such charges be transferred to the County tax rolls.
_____________________

City Manager Stewart introduced the item.

Management Analyst II Rivera-Estrada 1) gave a PowerPoint presentation providing an overview of the Staff Report; and 2) along with CR&R Representative Chrystal Denning, responded to Council Members’ questions.

Following discussion, it was moved by Council Member Koops, seconded by Council Member Sanchez, and carried without objection, to open the public hearing.

Anthony Russell 1) expressed the opinion that CR&R trucks should be weighing trash in order to make the billing more equitable; 2) claimed that CR&R has raised their costs by 49% since 2019; 3) expressed concern with CR&R’s billing practices in that that the delinquent account notification does not instruct customers how to pay it off and they mail bills from out of state instead of from their local headquarters which causes delays and allows them to assess late penalties; and 4) expressed concern that customers do not have the option to bury their organic waste and be “trashless” without having to pay a trash bill.

In response to comments provided by Anthony Russell, 1) Mayor Santa Ines and Council Member Dunton confirmed that the City is following the assessment process set forth; and 2) Mayor Santa Ines stated that the City can possibly look into the concept of weighing trash in the future.

Jody Gras stated that 1) her previous tenants lived at the property from November 2020 to August 2022, paid their trash bill through their bank’s automatic payment option, and after they moved out placed an appeal with their bank and had that money reimbursed to them; 2) CR&R notified them of the delinquent charges, which included overcharged fees, and when asked why they had not attempted to place an appeal to the tenant’s bank, CR&R stated that they didn’t because they are allowed to collect from the homeowner; and 3) she requests the City Council have CR&R do their due diligence and collect the money from the previous tenants who are responsible for the charges or provide an extension so that they can deal directly with CR&R.

In response to comments provided by Jody Gras, Mayor Santa Ines requested that she speak with CR&R Representative Denning who was in attendance.

7 Bellflower City Council Minutes Item No. 11-A
July 10, 2023 Page 7 of 11

11 PUBLIC HEARINGS – Continued

A Consideration and possible action to conduct a public hearing to consider delinquent refuse service charges; and adopt Resolution No. 23-25 – Continued
_____________________

Amada Marquez provided an account number.

Rene Sevilla 1) stated that his tenant opened up a secondary account on the property, made service requests, and incurred charges that they have not paid; 2) stated that he called CR&R regarding this matter and asked how they vet new accounts and were told that no verification information is necessary to open an account on a property; and 3) requested that CR&R assist him with this matter.

In response to comments provided by Rene Sevilla, Mayor Santa Ines stated that there was a similar case last year and requested that he speak with CR&R Representative Denning who was in attendance and could explain the process of how to remedy that.

Bella Do 1) stated that she has had similar issues with CR&R as the previous speakers, she is a property owner that utilizes a property management company to facilitate matters with her tenants and because of this, communication with her tenants takes longer as she does not have direct contact; 2) requested that CR&R extend their noticing time to property owners and customers; and 3) noted that payments also do not always register correctly or are not properly reflected on the next bill.

Karina Becerra stated that 1) she moved to Bellflower in November of last year and the previous owners of her property had a balance due; 2) CR&R requested that she pay it, but she had refused, so they gave her a new account number; and 3) now, she has received a delinquent notice for the previous owner’s account and she would like CR&R to rectify the matter.

John Butts stated that there did not appear to be any type of monitoring with regard to tenants failing to pay their bills, noting that he knew a couple of properties that have not paid for trash services for years, including the property where he operated his former business.

Chrystal Denning, Representative for CR&R Inc., 1) stated that the notification process has been the same as every year and explained that they receive and send out notices for delinquencies to property owners and that there are also a series of communication notices that go directly to the residents responsible for the account; and 2) acknowledged the comments with regard to tenant and property owner relationships and indicated that she was happy to take the personal information of those that spoke so that CR&R may follow up, research , and work on resolving the issues.
8 Bellflower City Council Minutes Item No. 11-A
July 10, 2023 Page 8 of 11

11 PUBLIC HEARINGS – Continued

A Consideration and possible action to conduct a public hearing to consider delinquent refuse service charges; and adopt Resolution No. 23-25 – Continued
_____________________

At the request of Mayor Santa Ines, CR&R Representative Denning explained 1) the process for new service accounts which includes a verification process to understand the type of relationship the person has with the property and an assessment of who is responsible for utilities, including trash services, as well as looking at records of the previous accounts on the property; 2) some of the comments provided noted discrepancies with regard to who is responsible for the account and she is willing to work with them to research it and remove them from the list, if appropriate, noting that it is the same process for management companies; and 3) with regard to late fees, she stated that there is a process which is in accordance with the contract and customers receive notices prior to late fees being accrued.

For the record, at the request of Mayor Santa Ines, Chrystal Denning of CR&R met with the speakers individually in the lobby.

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.

It was moved by Council Member Dunton, seconded by Council Member Koops, and carried by the following roll call vote, to adopt Resolution No. 22-25:

AYES: Council Members - Koops, Sanchez, Dunton and Mayor Santa Ines
ABSENT: Council Member - Mayor Pro Tem Hamada

B Consideration and possible action to conduct a public hearing to consider adopting Resolution No. 23-26 – A Resolution adopting a Comprehensive Fee Schedule to recover costs incurred from providing various public services and superseding Resolution No. 17-16.
_____________________

City Manager Stewart introduced the item.

Finance Manager Garan gave a PowerPoint presentation providing an overview of the Staff Report; and 2) along with Consultant Tony Thrasher of Willdan Financial Services, responded to Council Members’ questions.

Following discussion, it was moved by Council Member Koops, seconded by Council Member Sanchez, and carried without objection, to open the public hearing.
9 Bellflower City Council Minutes Item No. 11-B
July 10, 2023 Page 9 of 11

11 PUBLIC HEARINGS – Continued

B Consideration and possible action to conduct a public hearing to consider adopting Resolution No. 23-26 – Continued
_____________________

There being no one 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.

It was moved by Council Member Koops, seconded by Mayor Santa Ines, and carried by the following roll call vote, to adopt Resolution No. 23-26:

AYES: Council Members - Koops, Sanchez, Dunton and Mayor Santa Ines
ABSENT: Council Member - Mayor Pro Tem Hamada

12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION

None

13 CONSIDERATION ITEMS

None

14 CONSENT CALENDAR

It was moved by Council Member Dunton, seconded by Council Member Koops, 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 - Mayor Pro Tem Hamada

A Consideration and possible action to receive and file Warrant Register No. 24-011, dated July 10, 2023.

Action: Received and filed Warrant Register No. 24-011.

10 Bellflower City Council Minutes Item No. 14
July 10, 2023 Page 10 of 11

14 CONSENT CALENDAR – Continued

B Consideration and possible action to adopt Resolution No. 23-23 – A resolution approving the specifications for the Local Streets Grind and Cap (Specifications No. 22/23-01), pursuant to Government Code §830.6, establishing a project payment account; and authorizing solicitation of bids.____________________________________________________________ CEQA: 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).

Action: Adopted Resolution No. 23-23.

C Consideration and possible action to authorize the Director of Public Works, or designee, to remove the time-based parking restrictions (green curb) on the north side of Artesia Boulevard just west of Lakewood Boulevard (C.E.#23-09).

Action: Authorized the Director of Public Works, or designee, to remove the time-based parking restrictions (green curb) on the north side of Artesia Boulevard just west of Lakewood Boulevard.

D Consideration and possible action to authorize the Director of Public Works, or designee, to install an on-street disabled parking space (blue curb) at 9627 Olive Street (C.E. #23-10).

Action: Authorized the Director of Public Works, or designee, to install an on-street disabled parking space (blue curb) at 9627 Olive Street.

E Consideration and possible action to authorize the Mayor to execute Agreement File No. 665.1, in a form approved by the City Attorney, with the City of Downey for Traffic Signal Modification Project at Lakewood Boulevard and Gardendale Street and Lakewood Boulevard and Rosecrans Avenue.

Action: Authorized the Mayor to execute Agreement File No. 665.1, in a form approved by the City Attorney.

F Consideration and possible action to approve the Minutes of the June 26, 2023, Regular Meeting of the City Council.

Action: Approved the June 26, 2023, Regular Meeting Minutes.

11 Bellflower City Council Minutes Item No. 15
July 10, 2023 Page 11 of 11

15 COUNCIL REPORTS

Council Member Koops, Council Member Sanchez, Council Member Dunton, and Mayor Santa Ines made various comments and reports.

For the record, Council Member Koops announced that he would like to recognize the birth of Council Member Sanchez’ second son, Sage Xavi Dinh Sanchez.

For the record, Mayor Santa Ines reminded the public that the City Council will be recessed and there would be no City Council Meeting on the fourth Monday of July, noting that the next Council Meeting will be held on August 14, 2023.

16 ADJOURNMENT

Without objection, Mayor Santa Ines adjourned the meeting at 8:25 p.m., in recognition of the birth of Sage Xavi Dinh Sanchez, to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, August 14, 2023.

Sonny R. Santa Ines, Mayor
City of Bellflower

ATTEST:

Mayra Ochiqui, City Clerk
Approved: August 14, 2023
12 SPEAKER SIGN-IN SHEET
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BELLFLOWER CITY COUNCIL REGULAR MEETING
AUGUST 14, 2023

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City Council
August 14, 2023

Agenda Item 11-A
Public Hearing
MND 23-01, GPA 23-02, & ZC 23-02

Presented By:

Rowena Genilo-Concepcion
Planning Department

Good Evening Mayor and Members of the City Council,

For your consideration is Mitigated Negative Declaration No. 23-01, General Plan Amendment Case No. GPA 23-02, and Zone Change Case No. ZC 23-02 1 Requests
Adopt Mitigated Negative Declaration (MND 23-01)
California Environmental Quality Act (CEQA) compliance;

Approve General Plan Amendment (GPA 23-02)
To allow change of land use designation from “Commercial” to “Open Space”

Approve Zone Change (ZC 23-02)
To allow change of zoning designation from “General Commercial (C-G)“ to “Open Space (O-S)”

Find that the Stormwater Capture and Teen & Senior Center are exempt from certain zoning regulations.

Good Evening Mayor and Members of the City Council, before you tonight are four requests:

The MND is an environmental document required for CEQA compliance. The MND was prepared for the projects involving construction of a Stormwater Capture facility and a Teen & Senior Center at Simms Park, AKA the Simms Park Projects. Although the projects are two separate projects, the MND covered the projects together because of their proximity to each other and the potential for concurrent or consecutive construction phases.

The proposed General Plan Amendment applies to two parcels only. Specifically, a portion where the Teen & Senior Center is proposed to be constructed, which was formerly 9410 Oak Street, and the second parcel is the Woman’s Club property located at 9402 Oak Street.

The proposed Zone Change applies to the same properties noted for the General Plan Amendment to make sure that the land use and zoning designations are consistent with each other.

Lastly, a request is before the City Council to exempt the Simms Park Projects from certain zoning regulations (i.e., exempting the projects from zoning reviews) as they are public projects, pursuant to Bellflower Municipal Code Section 17.04.120. 2 Aerial Photo

Before you is an aerial photo of Simms Park. Simms Park is located at the southeast intersection of Clark Avenue and Oak Street and measures approximately 12.7-acres.

The dark blue outline represents the project area, where the stormwater capture facility and the teen & senior center projects are proposed, as well as the properties where the GPA and the ZC are being proposed.

The light blue outline represents the approximate area where the subsurface storage for the stormwater capture facility is proposed.

The orange outline represents the approximate area where the new teen and senior center is proposed to be constructed, which spans over two lots. 3 Site Plan
Stormwater Capture Project

The stormwater capture system will be located underground in the eastern portion of Simms Park, which contains the existing baseball/softball fields, a picnic area, and landscaping.

This project entails construction of diversion structure, diversion pipeline, stormwater pretreatment device, storage reservoir, discharge system and treatment, and some park improvements.

The storage reservoir would have a capacity of 9.34 acre-feet (3,043,454.4 gallons), with an approximate 1-acre rectangular footprint. The excavation depth for this project is approximately 25-28 feet. The purpose of the stormwater capture facility is to decrease the amount of pollutants in stormwater runoff entering the storm drain.

A more detailed description of this project is included on page 3 of the Staff Report. 4 Site Plan
Teen and Senior Center

The Teen & Senior Center will cover the northwestern portion of the Simms Park property. The existing cement pads that currently occupy the vacant lot would be removed, as would the building housing the City’s volunteer center operations, currently located south of the Woman’s Club. The Teen & Senior Center is a proposed to be single story at a height of 26’-8,” with a floor area of 12,355 square feet. As part of the development of the Teen & Senior Center, improvements would also include redevelopment of the parking lot to the east and circulation improvements to the south.

The Teen & Senior Center building would contain a reception area, community and youth rooms, private offices, a common space, a kitchen, and an open patio. Anticipated hours of operation would be 10 a.m. to 7 p.m. weekdays and 11 a.m. to 5 p.m. on Saturdays. The center may be used on Sundays for specific occasions or events.

A more detailed description of this project is included on page 4 of the Staff Report.

Also, the Teen and Senior Center project involves a General Plan Amendment, a Zone Change, and a Lot Line Adjustment.

5 Renderings
Teen and Senior Center

The exterior of the building would be finished with brick and stucco. The entrance to the building would be on the south side, adjacent to the existing driveway that provides access to the site from Clark Avenue.

6 GP Land Use and Zoning Designations

Commercial
Open Space

The requests for a General Plan Amendment and a Zone Change only applies to two properties within the project area – highlighted in red:

The Teen & Senior Center site (formerly 9410 Oak Street) and the existing Woman’s Club site (9402 Oak Street). Clarification on Page 6 of the Staff Report, the Woman’s Club is not located within Simms Park, and is a separate property owned by the Woman’s Club of Bellflower.

The proposal is to change the land use and zoning designations from “Commercial” to “Open Space”

The approval of the GPA and the ZC would allow for the development of the Teen & Senior Center. As previously noted, the proposed location of the Teen & Senior Center spans across two lots currently with different land use and zoning designations. The proposed GPA will result in the same land use and zoning designations across both lots and will be consistent with Simms Park, which has a land use and zoning designations of Open Space and O-S.

The approval of the land use and zoning changes for 9402 Oak Street would avoid “spot zoning” the Woman’s Club property. As shown above, if the land use and zoning designations for the Woman’s Club property are not changed, that parcel would constitute the only commercial property on the easterly side of Clark Avenue (between Oak Street and Flower Street).

7 Public Projects Exemption

Bellflower Municipal Code §17.04.120

Proposed physical improvements for Simms Park constitutes a public project.

The definition of “public project” is a construction or maintenance project developed on City-owned property or in the public right-of-way and designed for public use as approved by the City Council. The Simms Park Projects qualify under the definition. 8 Discussion
Mitigated Negative Declaration (MND 23-01)
Impacts would be less than significant with incorporation of mitigation measures

General Plan Amendment (GPA 23-02)
Consistent with the goals and policies of the Land Use Element and Open Space Element of the Bellflower General Plan, as outlined in Section 5 of Resolution No. 23-29

Zone Change (ZC 23-02)
The project meets the findings contained in BMC § 17.104.030, as outlined in Section 4 of Ordinance No. 1425

Public Projects Exemption
The project meets the findings contained in BMC § 17.04.120, as outlined in Section 6 of Resolution No. 23-29

MND: during the public review period of the document, a total of seven comment letters were received, and a “Response to Comments” was prepared to address those comments, which is included in the Staff Report as Attachment C.

GPA: Such as Open Space Element Goal 3, which is to “maintain and expand the City’s existing open spaces, parks, and recreational facilities”; and Land Use Element Goal 1 - Policy 1.1, which is to “provide land use designations which match actual viable uses.”

ZC: In that the proposed Zone Change would allow the City to provide recreation and human service programs which meet the needs of Bellflower’s diverse population. In addition, the proposed Zone Change would be consistent with the open space-zoned properties to the south and east.

Public Projects Exemption: One of which is that the granting of the exemption will not be detrimental to the public health, safety, and general welfare or materially injurious to properties or improvements in the vicinity.

Staff would like to note that an inquiry regarding the GPA and ZC was received from the Woman’s Club. The inquirer indicated members were concerned about whether they could continue their current use. She was informed that with the GPA and ZC they could continue their use, and it would be considered grandfathered in, as long as they don’t abandon the use for more than 180 days or expand the use.

9 Recommendation
Open the public hearing, take testimonial and documentary evidence and, after considering the evidence, adopt Resolution No. 23-29; and

Read by title only, waive further reading and introduce Ordinance No. 1425; or

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

This concludes staff’s presentation, unless there are any questions.

Also, joining us tonight is Ms. Emily Seklecki, environmental consultant from Dudek who prepared the mitigated negative declaration for the Simms Park Projects 10 City Council
August 14, 2023

Agenda Item 11-A
Public Hearing
MND 23-01, GPA 23-02, & ZC 23-02

Presented By:

Rowena Genilo-Concepcion
Planning Department

Good Evening Mayor and Members of the City Council,

For your consideration is Mitigated Negative Declaration No. 23-01, General Plan Amendment Case No. GPA 23-02, and Zone Change Case No. ZC 23-02 11 City Council
August 14, 2023

Agenda Item 11-A
Public Hearing
MND 23-01, GPA 23-02, & ZC 23-02

Presented By:

Rowena Genilo-Concepcion
Planning Department

Good Evening Mayor and Members of the City Council,

For your consideration is Mitigated Negative Declaration No. 23-01, General Plan Amendment Case No. GPA 23-02, and Zone Change Case No. ZC 23-02 12 City Council
August 14, 2023

Agenda Item 11-A
Public Hearing
MND 23-01, GPA 23-02, & ZC 23-02

Presented By:

Rowena Genilo-Concepcion
Planning Department

Good Evening Mayor and Members of the City Council,

For your consideration is Mitigated Negative Declaration No. 23-01, General Plan Amendment Case No. GPA 23-02, and Zone Change Case No. ZC 23-02 13 City Council
August 14, 2023

Agenda Item 11-A
Public Hearing
MND 23-01, GPA 23-02, & ZC 23-02

Presented By:

Rowena Genilo-Concepcion
Planning Department

Good Evening Mayor and Members of the City Council,

For your consideration is Mitigated Negative Declaration No. 23-01, General Plan Amendment Case No. GPA 23-02, and Zone Change Case No. ZC 23-02 14 Floor Plan
Teen and Senior Center

The Teen & Senior Center building would contain an entrance and reception area, community and youth rooms, private offices, a common space, a kitchen, and an open patio.

Anticipated hours of operation would be 10 a.m. to 7 p.m. weekdays and 11 a.m. to 5 p.m. on Saturdays. The center may be used on Sundays for specific occasions or events. 15 Floor Plan
Teen and Senior Center

Shown above is the conceptual floor plan without the construction notes. 16

Bellflower City CouncilAugust 14, 2023

Bellflower City Council
August 14, 2023