17. ASSIGNABILITY This Agreement is for CONSULTANT'S professional services.
CONSULTANT'S attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void
18. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
19. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times 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 CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement
20 INSURANCE
A Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below hoof Insurance Limits
Professional Liability
Hearing Officer's Insurance
Including Professional Liability
and Personal Injury Coverage
and Defense Cost Coverage)
Automobile liability
1,000,000 in aggregate, $500,000 per
claim
300,000 in aggregate, $100,000 per
claim
500,000/accident, $2,000,000 excess
liability
-8-
City of Bellflower
Agreement File No. 746
Richard Terzian
B, Professional liability coverage will have the same coverage and limits as the policy that was in effect during the term of this Agreement.
C CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time.
Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AVII." D Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this
Agreement or terminate pursuant to Section 13.
21 USE OF SUBCONTRACTORS. CONSULTANT must not use subcontractors to perform as CI -PCs hearing officer.
22. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows If toCONSULTANT:
Richard Terzian
315 W Arden Avenue, Suite 28
Glendale CA 91203
If to CITY
City of Bellflower
Attn Jeffrey L Stewart, City Manager
16600 Civic Center Drive
Bellflower, CA 90706
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph
23 CONFLICT OF INTEREST CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation CITY's conflict of interest regulations
-9-
City of Bellflower
Agreement File No. 746
Richard Terzian
24 SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor companyretainedanyor person, other than CONSULTANT'S bona fide p Y
gemployee, to solicit or secure this Agreement Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT'Semployee, bona fide em to ee, any fee, commission, percentage, brokerage fee, consideration contingent upon or resultingeftorother
from the award or making of this
Agreement Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability,
25 THIRD PARTY BENEFICIARIES This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. art . There will be no incidental or other beneficiaries of any of CONSULTANT'S or CITY's obligations under this Agreement 26INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County,
27. COMPLIANCE WITH LAW CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement
28. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of There are no other understandings, terms or otherparties agreements expressed
or implied, inureorwrittenThisAgreementwillbindand to the benefit of the parties to this Agreement and any subsequent successors and assigns 29 RULESES OF CONSTRUCTION. Each Party had the opportunity to independently Agreement with legal counsel Accordingly, this Agreement will be review this g g
construed simplysim l as a whole, and in accordance with its fair meaning, it will not be interpreted strictly for or against either Party
30 portionSEVERABILITY.If any of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modifiedd to the extent necessary in the opinion of the court to render such portion enforceable and as so modified, such portion and the balance of this Agreement will continue in full force and effect
31 AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein This Agreement may be modified bywritten amendment CITY's executive manager or designee may execute any such amendment on behalf of CITY
-10-
City of Bellflower
Agreement File No. 746
Richard Terzian
32. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature, 33, CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
34. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
35. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written
1 CITY OF LFLOWER
11 X
Jeffr -,,f . Ste art,
City anager
ATTEST:
J ,
Mayr. Oi
City Clerk
APPR
Karl H. Berger,
City Attorney
CONSULTANT
Richard Terzian
Taxpayer ID No. (5 f
C„)Q.-e4frt...
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Exhibit A
COMPENSATION
Hearing Officer Services $250/hour
9-
-12-
OF BELLFLOVD���
'GAO G TOiiF•'Sk;�¢
1'i'IN
I 14=D
d.port.
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth C. Oba, Director of Planning and Building Services Rowena Genilo-Concepcion, Planning Manager
SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1425 — An Ordinance approving Zone Change Case No. ZC 23-02 to change the zoning designation from "General Commercial (C -G)" to "Open Space (O -S)" on properties located at 9402 Oak Street (APN 7106-003-001) and 16614 Clark Avenue (7106-003-909 / formerly 9410 Oak Street).
DATE:
August 28, 2023
EXECUTIVE SUMMARY
Ordinance No. 1425 was introduced on August 14, 2023. Accordingly, a second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days.
RECOMMENDATION TO CITY COUNCIL
1) Waive further reading and adopt Ordinance No. 1425; or 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The Teen &Senior Center Project has multiple funding sources including grants under Account Nos. 011-47604-90001 030-47604-9000 and 070-47604-9000 (total allocation of $12.4 million in fiscal year 2023-2024).
ATTACHMENTS:
A. Ordinance No. 1425................................................................................................... 2 B. August 14, 2023, Staff Report (Without Attachments) ............................................... 9 —1—
CITY OF BELLFLOWER
ORDINANCE NO. 1425
AN ORDINANCE APPROVING ZONE CHANGE CASE NO. ZC 23-02
TO CHANGE THE ZONING DESIGNATION FROM "GENERAL
COMMERCIAL (C -G)" TO "OPEN SPACE (O -S)" ON PROPERTIES LOCATED AT 9402 OAK STREET (APN 7106-003-001)
AND 16614 CLARK AVENUE (7106-003-909 / FORMERLY 9410 OAK
STREET)
THE COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. The City of Bellflower is considering two separate projects proposed near each other at Simms Park located at 16614 Clark Avenue. The projects consist of constructing and operating a stormwater capture and filtration facility within the eastern portion of the park and a new Teen & Senior Center in the northwest portion of the site, as well as ancillary park improvements (collectively, the "Project");
B. The City of Bellflower is requesting a General Plan Amendment (Case No. GPA 23-02) and a Zone Change (Case No. ZC 23-02) for the existing Woman's Club (9402 Oaks Street) site and for the Teen & Senior Center site (16614 Clark Avenue, formerly 9410 Oak Street) to change the land use designation from "Commercial" to "Open Space" and rezone the parcels from "C -G" zone to "O -S" zone;
C. The public necessity, convenience, and general welfare require this Zone Change;
D. It is the purpose of the zoning regulations to encourage the most appropriate use of the land; to conserve and stabilize the value of property; and to promote V peace, health, safety, and general welfare, all in accordance with the General Plan;
E. The General Plan contains policies that the City acquire more open space and recreation areas to meet the needs of the community;
F. The City reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"); CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as "CEQA Regulations"). A Mitigated Negative Declaration (No. MND 23-01) was prepared for the Project; G. Notice of Public Hearing before the City Council was duly given and published in the time, form and manner as required by law;
—2—
City of Bellflower
Ordinance No. 1425
H. A public hearing was held before the City Council on August 14, 2023; I. On August 14, 20237 the City Council held the public hearing to receive public testimony and other evidence regarding the proposed amendment, including information provided by City staff and public testimony; and J. This Ordinance and its findings are made based on the entire administrative record including testimony and evidence presented to the City Council at its August 14, 2023 hearing, including, without limitation, the staff report submitted by the Planning Department.
SECTION 2. Factual Findings and Conclusions. The City Council finds and declares as follows:
A. Simms Park is a multipurpose municipal recreation and services facility located at the southeast intersection of Clark Avenue and Oak Street and is maintained by the City. Simms Park is located on an approximately 12.7 -acre City -owned property that features various outdoor and indoor facilities; B. The new Teen &Senior Center, which will be used to house municipal social programs and as a gathering space for the community, and would feature offices for City employees;
C. The Teen &Senior Center will cover the northwestern portion of the Simms Park property, adjacent to the existing Woman's Club, and features an existing City building used for offices and storage, a surface parking lot, and landscaped areas;
D. A portion of the proposed Teen &Senior Center site is a vacant lot that housed the City's former Teen Center, until its demoon a F 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 would be an approximately one-story, 12,355-square400t building with a maximum height of 26'-8". 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. The building would contain an entrance and reception area, community and youth rooms, private offices, a common space, a kitchen, and an open patio;
E. The proposed Teen &Senior Center will be constructed on the site of a recently demolished one-story building that stood adjacent to the east facade of the Woman's Club, as well as the current site of the one-story, existing Municipal Storage Building, which will be demolished as part of the proposed project. The proposed Teen & Senior Center will have an L-shaped plan that will wrap around the south and east facades of the one-story Woman's Club; -3-
City of Bellflower
Ordinance No. 1425
F. 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 existing surface parking lot in the northern portion of the Simms Park complex would be redeveloped to accommodate the Teen & Senior Center while providing parking for Simms Park and the community center facilities. The redeveloped parking lot would have a total of 292 parking spots, which would equal a net gain of 34 parking stalls. To improve circulation, a drop off/pick-up lane would be developed on the south side of the Teen & Senior Center;
G. The purpose of the Teen &Senior Center is to provide social and support services to the community;
H. The Teen &Senior Center is proposed across two lots, that are currently zoned General Commercial (C -G) and Open Space (O -S) and have land use designations of "Commercial" and "Open Space." A General Plan Amendment and a Zone Change are proposed for the Teen & Senior Center site to ensure consistency with land use and zoning designations across both lots with Simms Park;
I. The Woman's Club property located at 9402 Oak Street is currently zoned General Commercial (C -G) and has a land use designation of "Commercial." To avoid spot zoning and to ensure zoning and general plan consistency, a General Plan Amendment and Zone Change are proposed for the Woman's Club property;
J. The stormwater capture project does not necessitate a General Plan Amendment nor a Zone Change, as it is proposed on the portion of Simms Park that already has a land use and zoning designation of "Open Space"; K. The current Woman's Club Building was constructed in 1927 and originally used as a religious facy until the Woman's Club established its headquarters at the property in 1930. The building occupies a corner parcel adjacent to the northwest boundary of Simms Park and is sufficiently distant from construction and operational activities;
L. The City's objectives in implementing the Project are as follows: restore and rehabilitate public facilities at Simms Park, and provide a public facility for community events and social programs; and
M. The Teen &Senior Center is not visible from any prominent public viewpoints and is designed to be visually appealing .and to not conflict with the character of Simms Park. Mature trees on the north side of the parking lot along Oak Street and others within the parking lot would remain in place and would help maintain the visual character of Simms Park.
—4—
City of Bellflower
Ordinance No. 1425
SECTION 3. Planning Agency. Pursuant to BMC § 2.32.050(F), the City Council is acting as the Bellflower Planning Agency for purposes of the Project.
SECTION 4. Zone Change Findings. Pursuant to BMC § 17.104, the City Council makes the following findings:
A. There are changed conditions since the existing zoning became effective to warrant other or additional zoning, in that the proposed Zone Change from "C -G" to "O -S" will allow a future Teen & Senior Center.
B. The proposed change of zone will not adversely affect adjoining properties as to value or precedent, and will not be detrimental to the area, in that the proposed Zone Change from "C -G" to "O -S" would allow for a future Teen & Senior Center that would create recreational opportunities for the community.
The proposed Zone Change would be consistent with the open space -zoned properties to the south and east.
C. The change of zone will be in the interest or furtherance of public health, safety, and general welfare, 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; and avoid spot zoning the Woman's Club site, which would be the only C -G zoned property on the easterly side of Clark Avenue (between Oak Street and Flower Street), if not rezoned to O.S.
D. That the approval of such change of zone will not adversely affect the Comprehensive Zoning Plan in that the Zone Change from "C -G" to "O -S" would help implement General Plan Open Space Element Goal 3, which is to "maintain and expand the City's existing open spaces, parks, and recreational facilities."
E. The Zone Change is consistent with the General Plan.
SECTION 5. General Plan Findings. Pursuant to Government Code § 65860, the changes implemented by ZC 23-02 are consistent with the General Plan. Among other things, ZC 23-02 will help implement General Plan Open Space Element Goal 3, which is to "maintain and expand the City's existing open spaces, parks, and recreational facilities"; and Goal 5, which is to "provide recreation and human service programs which meet the needs of Bellflower's diverse population." The Zone Change is intended to appropriately align the proposed Teen & Senior Center use (16614 Clark Avenue / APN 7106-003-909 — formerly 9410 Oak Street) with the O -S zone instead of the existing C -G zone. In addition, the Zone Change is intended to avoid spot zoning for 9402 Oak Street, which would be the only C -G zoned property on the easterly side of Clark Avenue (between Oak Street and Flower Street), if not rezoned to &S.
SECTION 6. Public Projects Findings. Pursuant to Bellflower Municipal Code ("BMC") § 17.04.120 (Public Projects) and Resolution No. 23-29, the City Council exempts this public project from certain regulations of Title 17 of the BMC. —5—
City of Bellflower
Ordinance No. 1425
SECTION 7. Environmental Review. This Ordinance was reviewed for compliance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.; "CEQA Guidelines"). Based upon that review, MND 23-01 was prepared, which means that this Ordinance will not have a significant adverse effect on the environment with implementation of proposed mitigation measures. The 30 -day public review period for the MND began on June 23, 2023 and closed on July 24, 2023.
SECTION 8. Notice of Determination. The City Manager, or designee, is directed to file a Notice of Determination in accordance with CEQA §§ 10575 and any other applicable law.
SECTION 9. Approval. Based on the above findings, the application for this Zone Change is hereby approved and the subject properties are rezoned "Open Space (O -S)" as shown on the attached Locator Map.
SECTION 10. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 11. Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 12. Reliance on Record. Each and every finding and determination in this Ordinance is based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations N
onstitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 13. Limitations. The City Council's analysis and evaluation of the Project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the Project will not exist. One of the major limitations on analysis of the Project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City's ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 14. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. -6-
City of Bellflower
Ordinance No. 1425
SECTION 15. Conflicts. In the event of a conflict between the provisions of this Ordinance and the provisions the BMC, any other ordinance, or any resolution, the provisions of this Ordinance govern. The Director is authorized to resolve any ambiguities in the manner set forth in the BMC. Any such determination must be forwarded to the City Council as an informational item when practicable.
SECTION 16. Electronic Signatures. This Ordinance 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 17. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that face.
SECTION 18. Recordation. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.
SECTION 19. Effective Date. This Ordinance will become effective 30 days after second reading and adoption.
ORDINANCE NO. 1425 HAD ITS FIRST READING ON AUGUST 14, 2023, ITS SECOND READING ON AUGUST 28, 2023, AND WAS DULY PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF AUGUST 28, 2023.
Sonny R. Santa Ines, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A —Locator Map
—7—
A
Exhibit A - Locator Map
Zone Change Case No. ZC 23-02
sr 16428 4 ' d 4
OAK ST
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CHANGE ZONING
FROM "C -G"
TO "O -S"
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TO: Honorable Mayor and Members of Lite City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth C. Oba, Director of Planning and Building Services Rowena Genilo-Concepcion, Planning Manager
SUBJECT: Consideration and possible action to conduct a public hearing to consider a Mitigated Negative Declaration, a General Plan Amendment, an exemption from certain zoning regulations for public projects, and a Zone Change;
DATE:
Adopt Resolution No. 23-29 — A Resolution (1) adopting Mitigated Negative Declaration No. MND 23-01 prepared for the Stormwater Capture and Teen & Senior Center projects, a General Plan Amendment, and a Zone Change; (2) approving General Plan Amendment Case No. GPA 23-02 to change the land use
designation from "Commercial" to "Open Space" on properties located at 9402 Oak Street (APN 7106-003-001) and 16614 Clark Avenue (7106-003-909 / formerly 9410 Oak Street); and (3) finding that the Stormwater Capture and Teen & Senior Center projects are public projects that are exempt from certain zoning regulations pursuant to Bellflower Municipal Code ("BMC") §17.04.120; and Read by title only, waive further reading, and introduce Ordinance No. 1425 — An Ordinance approving Zone Change Case No. ZC 23-02 to change the zoning designation from "General Commercial (C -G)" to "Open Space (O -S)" on properties located at 9402 Oak Street (APN 7106-003-001) and 16614 Clark Avenue (7106-003-909 / formerly 9410 Oak Street). Applicant: City of Bellflower.
August 14, 2023
EXECUTIVE SUMMARY
The City of Bellflower is undertaking a project that consists of two major components: a Stormwater Capture Infrastructure Development and a new Teen &Senior Center at Simms Park. A General Plan Amendment ("GPA") and Zone Change ("ZC") are proposed for the Teen & Senior Center site (16614 Clark Avenue) and the existing Woman's Club site (9402 Oak Street) to change the land use designation from Commercial to Open Space and rezone the parcels from General Commercial (C -G) zone to Open Space (O -S) zone. In addition, a Mitigated Negative Declaration ("MND") was prepared for the project and it was noted that the project would not result in any significant effects on the environment with mitigation. Adopting Resolution No. 23-29 will result in adopting MND 23-01 and approval of GPA 23-02; causing the City Council to act as the City's Planning Agency in accordance with Bellflower Municipal Code ("BMC") § 2.32.050(F); and exempting the project from certain zoning regulations pursuant to BMC § 17.04.120.
Adopting Ordinance No. 1425 will result in approval of ZC 23-02.
-g-
Staff Report —MND 23-01, GPA 23-02 and ZC 23-02
August 14, 2023
RECOMMENDATION TO CITY COUNCIL
1) Open the public hearing, take testimonial and documentary evidence and, after considering the evidence, adopt Resolution No. 23-29;
2) Read by title only, waive further reading and introduce Ordinance No. 1425; or 3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The Stormwater Capture Infrastructure Project is funded by two grant/special sources under Account Nos. 32047013-9000 and 03047013-9000 (total allocation of $14.4 million in fiscal years 2023-2025). The Teen & Senior Center Project has multiple funding sources including grants under Account Nos. 01147604-9000, 03047604-9000, and 07047604-9000 (total allocation of $12.4 million in fiscal year 2023-2024).
PUBLIC NOTICE
Notices of Public Hearing were published in the Herald American (Bellflower Edition) newspaper on June 23, 2023 and July 7, 2023. Public hearing notices were sent on June 21, 2023 and July 6, 2023 to 123 property owners within a 300' radius of the project area and posted at City Hall, Bellflower Substation, Brakensiek Library, Thompson Park, Simms Park, Caruthers Park, and the City's website. Public hearing notices were also posted at the subject site on August 2, 2023. As of the writing of this staff report, the City has received eight inquiries on the project.
CEQA STATUS
This project was reviewed for compliance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.; "CEQA Guidelines"). An Initial Study ("IS") and MND 23-01 were prepared. These found that the proposed Ordinance will not have a significant adverse effect on the environment with implementation of proposed mitigation measures. The 30 -day public review period for the MND began on June 23, 2023 and closed on July 24, 2023.
BACKGROUND
➢ Description of Simms Park Projects
Simms Park is located at the southeast intersection of Clark Avenue and Oak Street on an approximately 12.7 -acre City -owned property that features various outdoor and indoor facilities. The project within Simms Park that consists of two major components: a Stormwater Capture Infrastructure Development in the eastern portion of Simms Park and a new Teen & Senior Center in the northwestern portion of Simms Park adjacent to the existing Woman's Club. The two physical improvements are briefly described below:
Staff Report —MND 23-01, GPA 23-02 and ZC 23=02
August 14, 2023
• Stormwater Capture Infrastructure Development: The first component of the project is a stormwater capture infrastructure. The Los Cerritos Channel (LCC) Watershed Group (LCC Watershed Group) identified a list of water quality control measures, including structural control measures, to address the water quality objectives within the LCC watershed. The LCC Watershed Group prepared the LCC Watershed Management Program (WMP) in 2015 to plan projects implementing the requirements of MS4 permits on a watershed scale. Potential sites for structural control measures were identified in the WMP and recommended by the LCC Watershed Group for further evaluation and potential implementation.
Based on the park's proximity to an existing storm drain that is operated by Los Angeles County Flood Control District, the WMP identified Simms Park on the list of "Potential Public Parks and Golf Courses BMP Sites" that would be suitable for capturing and treating stormwater to meet the program goals of the WMP. Hence, the City is now considering approval of such a project at Simms Park.
The stormwater capture system will be located primarily 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 stormwater capture infrastructure portion of the project would divert stormwater runoff into a subterranean concrete storage basin proposed beneath Simms Park's multi -use turf field, where water would be stored prior to treatment through a filter and returned to the municipal storm drain system. Prior to flow into the subsurface storage container, runoff would be directed through a pre-treatment device that would remove trash, sediments, and solids present in the runoff. Stormwater is passed through an outflow pipe and pump to a media filter, allowing physical filtration prior to discharging the treated water back into the existing storm drain system within the park.
In addition to the proposed stormwater capture and filtration facility, the City also intends to implement other park improvements as part of this portion of the project..
These improvements include redesigning the existing sports fields and replacing the grass surface with artificial turf, building a perimeter fence around the sports fields, installing native landscaping and a bioretention area adjacent to the sports fields, and other ancillary improvements. Most of the existing trees within Simms Park would be unaffected by the proposed project. However, approximately 48 existing trees would be removed to accommodate construction activity. As part of the project's park improvements, the City will plant approximately 50 new trees within Simms Park. Additional shrubs and turf ground cover would be installed throughout the park. Additional information on park improvements is provided in Section 2.2, Project Characteristics of the MND (Attachment A). The City is implementing the stormwater capture project in its capacity as an MS4 permittee and member of the LCC Watershed Group and would be responsible for operating and maintaining the project facilities. The City has initiated the design process and intends to solicit bids for a construction contract for project implementation subject to approval by the City Council, which would be considered a discretionary action of the City subject to CEQA review.
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Staff Report — MND 23=01, GPA 23-02 and ZC 23=02
August 14, 2023
• Teen UH UI Center: The second component of the project is a new Teen at Senior Center, which will be used to house municipal social programs and as a gathering space for the community, and would feature offices for City employees.
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 12,355-square400t, single -story (26'-8"), public building on City property at the corner of Clark Avenue and Oak Street, east of the privately owned Woman's Club building.
A portion of the proposed building site is a vacant lot that housed the City's Teen Center until its demolition in 2019. The proposed Teen &Senior Center will have an L-shaped plan that will wrap around the south and east facades of the one-story Woman's Club. 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. 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.
Where the existing storage building is located would be the site of the proposed monument signage and accessible parking stalls.
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 existing surface parking lot in the northern portion of the Simms Park complex would be redeveloped to accommodate the Teen & Senior Center while providing parking for Simms Park and the community center facilities. Of the existing 258 stalls, 35 stalls would be removed for construction of the Teen & Senior Center and for the reconfiguration of circulation of the site. The proposed parking lot would gain 4 parallel parking stalls and 3 accessible stalls on the west side near the proposed Teen & Senior Center. This parking and access reconfiguration would require demolition of the storage and volunteer center building located south of the Woman's Club building. The landscaped area to the east of the parking lot would be redeveloped to provide 62 additional stalls. The redeveloped parking lot would have a total of 292 parking spots, which would equal a net gain of 34 parking stalls. The majority of the parking lot layout would remain the same, except for the removal of one of the existing driveways providing entrance to the parking lot from the south side of Oak Street (the more western of the two driveways would be removed to accommodate the building, and the easternmost driveway would remain). To improve circulation, a drop off/pick-up lane would be developed on the south side of the Teen & Senior Center. This project would be subject to City Council approval of a separate construction contract from thi stormwater capture project, as well as approval of a General Plan Amendment to the Land Use Designation Map, a zone change, and a lot line adjustment.
Staff Report — MND 23=01, GPA 23=02 and ZC 23=02
August 14, 2023
➢ Construction of Projects
The City intends to commence construction of the stormwater capture project in late 2023.
The Teen & Senior Center project would commence after that, and the City anticipates construction of the two projects would partially overlap, with the total duration for the two projects being a total of approximately 20 months. Construction staging, including equipment storage, material laydown, and worker parking is anticipated to occur in the parking lot and throughout the construction area as needed. Depending on the construction phase, affected portions of Simms Park would be temporarily closed to the public for the duration. The construction area would be fenced off for safety and security purposes and made unavailable for public use during project construction. Construction would also require temporary encroachment into the two easternmost lanes of Clark Avenue for construction of the diversion structure. During construction, approximately 6 acres of the project site would require grading, with approximately 17,000 cubic yards (CY) of soil exported over the construction duration. Existing pavement and concrete would be demolished, generating approximately 1,500 CY of material that would be hauled off site. The existing Municipal Storage Building would also be demolished, requiring export of debris. Construction is proposed to occur Monday through Friday, between 7:00 a.m. to 6:00 p.m. to comply with Chapter 15.04 of the Bellflower Municipal Code (BMC)
➢ Operation of Projects
• stormwater Capture Infrastructure Development: Once construction is complete, project operation is anticipated to entail routine maintenance activities performed by the City at the stormwater capture facility. Activities would include removal of debris and pollutant constituents from the treatment devices, pump testing and calibration, and cleaning the storage reservoir. Operations of the sports fields would recommence following completion of the stormwater capture project and installation of the new turf fields. Youth baseball, softball and soccer leagues would operate out of the ballfields. The City does not anticipate an overall increase in daily use or capacity of the park, but the park would likely see an extension of existing activity levels into other times of the year when soccer leagues are in season.
• Teen &Senior Center: Operations of the Teen &Senior Center would include daily use by Parks and Recreation Department staff, nonprofit organizations, and the general public. Approximately four full-time Parks and Recreation staff would operate out of offices located in the Teen & Senior Center. A service offered by a non-profit partnership that provides daily meals to seniors would move from the community center to the new Teen & Senior Center. Programming at the Teen & Senior Center would include recreational activities for youth and senior citizens provided and led by both City staff and contracted special interest instructors, partnerships, or other non-profit organizations. Other activities at the Teen & Senior Center would include after school and weekend use of the facility, as well as occasional events. 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.
-13-
Staff Report —MND 23-01, GPA 23-02 and ZC 23-02
August 14, 2023
➢ General Plan Amendment, Zone Change, and Public Projects Exemptions The proposed project involves a General Plan Amendment (Case No. GPA 23-02) and a Zone Change (Case No. ZC 23-02) for two parcels, the Teen & Senior Center site (16614 Clark Avenue, formerly 9410 Oak Street) and the existing Woman's Club (9402 Oak Street) site located within Simms Park. The proposal is to change the land use designation from "Commercial" to "Open Space" and rezone the parcels from "C -G" zone to "O -S" zone. The land use and zoning changes for 16614 Clark Avenue (7106-003-909 / formerly 9410 Oak Street) would allow for the development of the Teen & Senior Center.
The proposed location of the Teen & Senior Center spans across two lots currently with different land use and zoning designations. The proposed ZC and GPA will result in the same land use and zoning designations across both lots and be consistent with Simms Park, which has a land use designation of Open Space and zoning of O.S.
The land use and zoning changes for 9402 Oak Street would avoid "spot zoning" the Woman's Club property. 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). Consequently, the Woman's Club property is included with the proposed ZC and GPA. The current general plan land use and zoning maps area included in Attachment E.
It is requested that the physical improvements proposed for Simms Park be exempt from the Conditional use Permit and Development Review processes pursuant to Bellflower Municipal Code §17.04.120, as this constitutes a public project. ➢ Mitigated Negative Declaration
The stormwater capture project and the Teen &Senior Center project are separate projects with separate discretionary actions that require City Council's consideration and approval. The City prepared an IS and MND 23-01 in accordance with CEQA to evaluate potential environmental impacts resulting from the Stormwater Capture and Teen/Senior Center Projects within Simms Park, as well as the General Plan Amendment, and Zone Change. The MND addresses both projects together because of their proximity within the City's public property at John S. Simms Park (Simms Park) and because of their potential for concurrent or consecutive construction phases.
The 30 -day public review period for the MND began on June 23, 2023 and closed on July 24, 2023. A total of seven comment letters were received, and a "Response to Comments" was prepared to address the comments that were received. -14-
Staff Report — MND 23-01, GPA 23-02 and ZC 23-02
August 14, 2023
DISCUSSION
➢ Simms Park Projects
The purpose of the stormwater capture facility is to decrease the amount of pollutants in stormwater and dry -weather runoff entering the LCC. The LCC Watershed Group identified a need for watershed control measures and structural best management practices (BMPs) to address water quality objectives within the watershed. The purpose of the Teen & Senior Center is to provide social and support services to the community.
The City's objectives in implementing the project are as follows:
• Improve the water quality within the LCC;
• Restore and rehabilitate public facilities at Simms Park; Educate the public on the local stormwater quality; and • Provide a public facility for community events and social programs. ➢ General Plan Amendment
Pursuant to Government Code § 65860, the project is 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 (Attachment A). The goals and policies include, without limitation: 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."
➢ Zone Change
The project meets the findings contained in BMC § 17.104.030, as outlined in Section 4 oI Ordinance No. 1425 (Attachment In One %J the required findings is that the proposed zone change will be in the interest or furtherance of public health, safety, and general welfare. 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
The project meets the findings contained in BMC § 17.04.120, as outlined in Section 6 of Resolution No. 23-29 (Attachment A), 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. Following an initial study, a Mitigated Negative Declaration was drafted which includes mitigation measures to address any possible adverse environmental impacts. Before the City issues building permits, the project's construction drawings will be reviewed by the Building and Safety Division to ensure that the project complies with applicable law including, without limitation, the California Building Codes as adopted by the BMC. -15-
Staff Report — MND 23-01, GPA 23-02 and ZC 23-02
August 14, 2023
➢ Mitigated Negative Declaration
As noted in Section 8 of Resolution No. 23-29, it is recommended that the City Council adopt MND 23-01 because impacts would be less than significant with incorporation of mitigation measures. The proposed projects would incorporate mitigation measures to reduce impacts, as applicable, particularly during construction. Upon completion of construction, the proposed projects would have no potential to contribute to a cumulative impact.
CONCLUSION
The Stormwater Capture project would result in the continued use of the site as a park and would not substantially differ from its current use nor would it change the overall character of Simms Park. The Teen & Senior Center project is not visible from any prominent public viewpoints and is designed to be visually appealing and to not conflict with the character of Simms Park. Mature trees on the north side of the parking lot along Oak Street and others within the parking lot would remain in place and would help maintain the visual character of Simms Park. The projects comply with the General Plan's goals and policies. In addition, the proposed physical improvements create recreational opportunities for the community and addresses water quality. Thus, the project is beneficial to community members and the environment.
ATTACHMENTS:
A. Resolution No. 23-29....................................................................................... ....
B. Ordinance No. 1425....................................................................... .................. 162 C. Responses to Comments.......... 0 0 S a 0 D 5 a a 0 x m a m m P 0 m a m a m m ................................... 169 D. Mitigation Monitoring Program ................... 194 E. Aerial Photo / General Plan Lan ap / Zoning Map ..................................... 202 F. Assessor's Map............................................................................................... 205 G. 300' Rad'.................................................................................................... 206 -16-
14-E
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Jim DellaLonga, Director of Economic Development
SUBJECT: Consideration and possible action to receive and file a list of qualified developers who responded to the Request for
Qualifications for Downtown Residential Development.
DATE: August 28, 2023
EXECUTIVE SUMMARY
On March 27, 2023, City Council authorized the City Manager to issue a Request for Qualifications (RFQ) to the development community for potential residential development in Downtown Bellflower. This is an effort to gauge development interest and the feasibility of additional residential development in Downtown Bellflower. As a result of the RFQ process, staff received four developer submittals. After review of the submittals, the Economic Development Director finds that all four developers should be included on the list of qualified developers for potential downtown residential development.
RECOMMENDATION TO CITY COUNCIL
1) Receive and file the list of qualified developers in response to the Request for Qualifications for potential future downtown residential development; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
DISCUSSION
The City received submittals from four developers in response to the RFQ authorized by City Council in March. Submitting Teams were required to meet three minimum qualifications:
1. Must have constructed three or more Downtown Multi-Family Residential Projects;
Staff Report – RFQ for Downtown Residential Development August 28, 2023
DISCUSSION – Continued
2. At least two of the Submitting Team’s projects must be with a public agency as the property owner; and
3. The Submitting Team has a current state required contractor license.
a. If the Developer doesn’t have a contractor license, it must show that the general contractors with whom they’ve worked on similar project, have a current contractor license(s).
The four submittals all meet the minimum requirements.
The Director then reviewed the proposals based on a number of criteria relating to downtown multi-family development including experience in development, design, construction, operation, as well as financial capability and stability of the developer.
After review, the submittals met the desired criteria. Accordingly, all four developer teams are included on a qualified list of developers if the City pursues a downtown residential development in the future. The four qualified developers are, in no particular order:
• Primestor Development
• Serrano Development Group
• City Ventures
• EAH Housing
This qualified developer list is valid for a period of 180 days from the date of this meeting.
14-F
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Jim DellaLonga, Director of Economic Development
SUBJECT: Consideration and possible action to receive and file Exclusive Negotiation Agreement File No. 1007 with Omar Romero, Inc. dba Taco Nazo for the development of the former Bank of the West site at 16824 Bellflower Boulevard.
DATE: August 28, 2023
EXECUTIVE SUMMARY
The City entered into Exclusive Negotiation Agreement File No. 1007 with Omar Romero, Inc. dba Taco Nazo (Taco Nazo) on August 9, 2023 to purchase and develop the City-owned former Bank of the West site. The purpose of this Agreement is to provide time to Taco Nazo to negotiate a purchase and sale agreement with the City and to devise a viable development plan for the site.
RECOMMENDATION TO THE CITY COUNCIL
1) Receive and file Exclusive Negotiation Agreement File No. 1007; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None at this time.
DISCUSSION
Taco Nazo and the City will have six months to negotiate the terms of a purchase and sale agreement for the former Bank of the West site located at 16824 Bellflower Boulevard. The City Manager, on behalf of the City, is authorized to approve a three-month extension to the agreement.
ATTACHMENT
Agreement File No. 1007 ................................................................................................ 2
- Page 1 of 18 -
DocuSign Envelope ID F32B4E99-F648-4AB3-85AC-98C3B5A734D6 AGREEMENT FILE NO. 1007
EXCLUSIVE NEGOTIATION AGREEMENT
BY AND BETWEEN
THE CITY OF BELLFLOWER
AND
OMAR ROMERO,INC.
This Agreement is entered into this 9th day of August, 2023 ("Effective Date"), by and between the City of Bellflower, a general law city and municipal corporation ("City") and Omar Romero, Inc.,a California corporation dba Taco Nazo("Developer"),on the terms and provisions set forth below. Developer and City are sometimes collectively referred to as the "Parties" and each, individually,may be referred to as a"Party."
1. RECITALS. The Parties enter into this Agreement in light of the following facts and objectives:
A. Developer seeks to purchase and develop an approximately 30,998 square foot site of real property owned by City located at 16824 Bellflower Blvd. in the City of Bellflower, California (the "Property"), which is currently occupied by a vacant former bank building and associated parking lot and drive-through area.The Property is legally described in attached Exhibit A,"which is incorporated by reference. Developer seeks to enter into an agreement with City to conduct exclusive negotiations with City regarding the purchase or lease and development of the Property.
B. Developer desires to construct tenant improvements to convert the site to a restaurant and drive-through use on the Property(the"Project").
C. The Parties acknowledge that the Project will require certain entitlements to be obtained from City including, without limitation, acts such as a conditional use permit and an administrative use permit both of which will require environmental review pursuant to the California Environmental Quality Act("CEQA").
D. City believes it is in the public interest to enter into exclusive negotiations with Developer regarding the potential disposition of the Property.
2. CONSIDERATION. The Parties agree to strictly comply with the recitals and mutual covenants and conditions contained in this Agreement.
3. TERM.The term of this Agreement commences as of the Effective Date of this Agreement and terminates pursuant to the terms of Section 5 (the "Term"), provided that either Party may, before the Term expires, exercise a one time option to extend the Term of this Agreement, on the same terms and conditions set forth hereunder, for an additional three month period by delivering written notice of its election to extend the Term to the other Party. In the event a Party elects to exercise its right to extend the Term as provided herein,the other Party must approve such election to extend the Term, which approval may not be unreasonable withheld, conditioned, or delayed. - Page 2 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
The City Manager is authorized to approve Developer's written election to extend the Term of this Agreement for such additional three month period.
4. NOTICE OF DEFAULT AND OPPORTUNITY TO CURE.
A. Should there be a default in performance by a Party, the non-defaulting Party must provide written notice of such default to the defaulting Party.Notice must specify the nature of the event or deficiency giving rise to the default;the action required to cure the deficiency;if an action to cure is possible; and a date not less than thirty (30) calendar days from the date of the notice within which action to cure must be taken.
B. Notwithstanding anything to the contrary, any default does not constitute cause to terminate this Agreement if the defaulting Party cures, corrects or remedies the default within the time period required in the notice or other agreement between the Parties. In the case of a default by either Party,the alleged defaulting Party must promptly commence to cure the identified default and must complete the cure within thirty days after receiving the notice of default. The thirty day cure period for a default may be extended as is reasonably necessary to remedy such default, provided that the alleged defaulting Party commences such cure promptly after receiving the notice of default and continuously and diligently pursues such remedy at all times until such default is cured.
5. TERMINATION. Subject to Section 3, this Agreement may terminate under the following circumstances:
A. One hundred twenty days after the Effective Date of this Agreement; B. By a Party upon the uncured default of the other Party; C. By Developer upon giving City 30 days prior written notice of its intent to terminate this Agreement; or
D. The Parties entering into a purchase and sale agreement or other disposition document.
6. EXCLUSIVE NEGOTIATIONS.
A. City agrees that, during the Term (or any extension or tolling of the Term) and provided that Developer is not in uncured default of any of its obligations under this Agreement, it will negotiate exclusively (except with regard to negotiations held pursuant to the Surplus Property Disposition Law) and in good faith with Developer concerning the disposition of the Property to Developer. Developer further acknowledges that City representatives, from time to time, may be contacted by other developers respecting the Property, and that communication with those developers is expressly permitted provided that City and its representatives inform those developers of the existence of this Agreement and City's obligations, and do not actively engage L
- Page 3 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
in negotiation with respect to the Property(except as required by the Surplus Property Disposition Law or other applicable law).
B. Developer understands and agrees that City is a public entity and must comply with, without limitation, the California Public Records Act("PRA"). Each Party agrees that any and all financial data, reports and documentation supplied by one Party ("Disclosing Party"), or its affiliates or third parties on its behalf,to the other Party under this Agreement("Receiving Party"), which are confidential cannot be disclosed or otherwise disseminated by the Receiving Party without the consent of the Disclosing Party except as required by law including,without limitation, the PRA. For this Section to apply, the Disclosing Party must mark or label its confidential information as "Confidential and Proprietary." City agrees to inform Developer of any request filed in accordance with the PRA to obtain documents labeled Confidential and Proprietary and Developer may determine whether to oppose disclosure of such documents. Under any such circumstance,Developer must defend,indemnify and hold harmless City and its officers,officials, employees and agents against and from a challenge under the PRA.
7. SCOPE OF NEGOTIATIONS.
A. During the Term,the Parties agree to diligently negotiate in good faith the purchase price and terms of a purchase and sale agreement for the conveyance of the Property from City to Developer. In furtherance of and to facilitate the negotiations of the purchase price of the Property, City may, at its sole expense, hire an appraiser to conduct an appraisal or other valuation method to determine the fair market value of the Property, provided that Developer may, concurrently or immediately after City concludes its appraisal of the Property, at Developer's sole expense, also hire an appraiser to conduct its own appraisal of the Property to determine its fair market value.
The purchase price of the Property must be acceptable to both Parties in their respective sole and unfettered discretion and identified as a firm/fixed price in the purchase and sale agreement Purchase Price").
B. The good faith negotiations agreed to between the Parties requires each to reasonably communicate with the other.This will include all methods of communication including via telecommunications (fax, phone, e-mail, etc.), face-to-face meetings between the Parties' representatives, and written correspondence.
8. DEVELOPER RESPONSIBILITIES.
A. Developer may at its discretion conduct such tests, surveys and other analyses of the Propertyydurin the Term as Developer deems necessaryto determine the feasibility of the Project. Any entry by Developer or its agents onto the Property is subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations. Developer must promptly restore the Property to its previous condition before any such entry, test, or investigation occurred or was performed. Developer or its agents may undertake borings or other disturbances of the soil with City's prior written approval(not to be unreasonably withheld),provided that the soil borings - Page 4 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
and other disturbances must be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil must be recompacted to the condition immediately before any such borings were undertaken. Upon receipt of a written request, Developer and City must each provide the other with access to all data and information concerning the physical condition of the Property which is available to it and of which it is aware, but without representation or warranty as to the accuracy of such data or information.
B. City licenses Developer to enter, on the terms and conditions in this Agreement, the Property. City's action is not, and should not be construed to be, a conveyance of a property interest or a lease; it is a license to use property only.
C. When Developer seeks to exercise its license for entering the Property, its use is limited as follows:
i.City may change, amend, or terminate Developer's use of Property at any time, and in its sole discretion, verbally or in writing. ii. Developer must comply with City's representative's directives as to time, place and manner of accessing the Property including,without limitation, accessing the Property during business hours and those times that do not unduly interfere with City's ongoing business operations.
iii. Developer may engage in limited testing as approved by City for the purposes of assessing the fair market value of the Property. Examples of such testing including, without limitation, soil sampling and boring.
B. All applications for land use entitlements for the Project are Developer's responsibility at its sole expense. City may, but is not required to, reasonably cooperate with Developer to assist in acquiring land use entitlements from City at Developer's expense.
9. INDEMNIFICATION.
A. Developer agrees to the following:
i.Indemnification for Professional Services. Developer will save harmless and indemnify and at City's request reimburse defense costs for City and all its officers,volunteers,employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by Developer or any of Developer's officers, agents, employees, or representatives, in the performance of this Agreement, except for such damages arising from City's sole negligence or willful misconduct. - Page 5 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
ii. Indemnification for other Damages. Developer indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement,or its performance. Should City be named in any suit,or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, except for such damages arising from City's sole negligence or willful misconduct.
Developer will defend City(at City's request and with counsel satisfactory to City)and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise, except for such damages arising from City's sole negligence or willful misconduct.
B. For purposes of this section "City" includes City's officers, officials, employees, agents,representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by Developer as required by Section 12,and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Developer pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
10. DEVELOPER REIMBURSEMENT OF CITY COSTS.
A. Developer and City agree that Developer must pay for all administrative, legal,and other costs associated with the negotiation and administration of this Agreement including, without limitation, staff time not to exceed$10,000)(collectively"City Costs"). Provided, however, that if City's actual costs reach $9,500 and Developer fails to increase the City Costs, then this Agreement will terminate. Such City Costs must be reimbursed either at the termination of this Agreement or before City issues a certificate of occupancy for a future project on the Property, at City's option.
B. City must provide 10 business days' prior written notice to Developer of City's intent to engage any other third party (excluding City's legal counsel) or authorize any other work (excluding work by City's legal counsel relating to the Project), the cost of which is reasonably anticipated by City to exceed $1000. Developer is entitled to review and comment(but not approve)on any contract or scope of work(or amendment or change order to such agreements)that City intends to enter with a third party(excluding City legal counsel) with respect to this Agreement or the Project before City entering such contract or agreeing to such scope of work. If Developer has a good faith and bona fide dispute as - Page 6 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
to a charge incurred as City Costs(excluding City legal counsel),then City must meet and confer with Developer in a good faith effort to resolve such dispute. If,after such meeting, City agrees with Developer,City must cooperate with Developer in seeking credit or offset from third parties to whom City Costs are paid. To the extent practicable, any third party contract (excluding City's legal counsel) must name Developer as an intended third party beneficiary.
C. Upon City's receipt of written notice from Developer to stop work(or temporarily suspend work) on the Project, City must promptly direct all of City's staff, attorneys, Developers and other professionals to stop work thereon; provided, however, that such a notice to stop work(or temporarily suspend work)does not constitute Developer's election to terminate this Agreement absent a specific statement to that effect;and,provided further, that the Developer agrees and acknowledges that:
i.Depending upon the terms of the contract(s) governing the work to be performed by such Developers and other professionals (excluding City's attorneys), such Developers' and other professionals' stopping work on the Project may or may not result in City incurring costs therefor, and Developer is responsible for such costs that are actually incurred and to which a third party has a contractual right to payment; and
D. Should Developer fail to perform any of its obligations under this Section,then City may, at its option, pursue any one or more or all of the remedies available to it under this Agreement,at law or in equity. Without limiting any other remedy which may be available to it, if Developer fails to perform any of its obligations under this Agreement, City may cease performing its obligations under this Agreement and may bring an action to recover all costs and expenses incurred by City together with interest from the date incurred at the rate of ten percent(10%) per annum.
11. HAZARDOUS/TOXIC WASTE. City has not, nor, to City's knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of,any Hazardous Material(as defined below)on,under,about or within the Property in violation of any law or regulation. Developer agrees that it will not use, generate, store or dispose of any Hazardous Material(as defined below)on, under, about or within the Property in violation of any law or regulation. Developer agrees to defend and indemnify City, to the extent stated below, against any and all losses,liabilities,claims and/or costs arising from any breach of any Developer warranty or agreement contained in this Section. As used in this Section, "Hazardous Material" means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation(including petroleum and asbestos). - Page 7 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
12. INSURANCE.
A. Before commencing performance under this License, and at all other times this License is effective, Developer will procure and maintain the following types of insurance with coverage limits complying, at a minimum,with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: 2,000, 000
Workers compensation Statutory limits
B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed"primary"such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable except upon thirty (30) days prior written notice to City except for nonpayment of premiums which may be cancelable upon ten(10)day notice.
C. Developer will furnish to City duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this License and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII." Certificate(s)must reflect that the insurer will provide thirty day notice of any cancellation of coverage. Developer 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.
D. Should Developer, for any reason, fail to obtain and maintain the insurance required by this Agreement,City may obtain such coverage at Developer's expense and charge the cost of such insurance to Developer under this Agreement or terminate.
E. All policies required by this Agreement must allow City, as additional insured, to satisfy the self-insured retention("SIR")and deductible of the policy in lieu of Developer(as the named insured) should Developer fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. Developer understands and agrees that satisfaction of this requirement is an express condition precedent - Page 8 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
to the effectiveness of this Agreement. Failure by Developer as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Developer's behalf upon the Developer's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against DEVELOPER for breach of this Agreement in addition to any other damages incurred by City due to the breach.
13. NOTICES. All communications to either Party by the other Party must be deemed made when received by such Party at its respective name and address, as follows:
City: City of Bellflower
16600 Civic Center Drive
Bellflower, California 90706
Attention: Director of Economic Development
With a copy to:
Karl H. Berger, City Attorney
Burke,Williams & Sorensen
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Developer:
Omar Romero, Inc. dba Taco Nazo
12631 Imperial Hwy, Suite B115
Santa Fe Springs, CA 90670
Attn: Jeric Rivera, COO
With a copy to:
Javier F. Gutierrez, Developer Attorney
Guido I. Piotti, Developer Attorney
Stuart Kane LLP
620 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Any such written communications by mail must be conclusively deemed to have been received by the addressee five days after the deposit thereof in the United States Mail,postage prepaid and properly addressed as noted above.
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DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
14. ASSIGNMENT. This Agreement cannot be assigned by Developer without City Manager's prior written approval in his sole, absolute and unfettered discretion, except that approval must not be required for a wholly-owned successor-in-interest formed, owned, and operated by Developer for the express purpose of fulfilling the obligations set forth in this Agreement.
15. INTERPRETATION/VENUE. This Agreement and its performance will be governed, interpreted,construed and regulated by the laws of the State of California. Exclusive venue for any action arising from this Agreement will be in Los Angeles County Superior Court.
16. EXCLUSIVE REMEDY. Declaratory and injunctive relief and specific performance must be the sole remedies available to the Parties and each Party understands and agrees that it cannot seek damages of any nature or type against the other Party except City can seek damages for any physical harm caused to the Property by Developer, as further described in Section 8.A.
17. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the Parties as to the matters covered in this Agreement. There are no other understandings,terms or other agreements expressed or implied, oral or written.
18. SEVERABILITY. If any portion of this Agreement is 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 Agreement will continue in full force and effect.
19. COVENANT AGAINST DISCRIMINATION. Developer cannot discriminate against nor segregate, any person, or group of persons, on account of sex, race, color, age, marital status, religion, handicaps, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor must Developer establish or permit any such practice or practices of discrimination or segregation in the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property.
20. CONSTRUCTION.This Agreement must be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the Party preparing this Agreement.This Agreement supersedes any prior understanding or written or oral agreements between the Parties hereto respecting the subject matter and contains the entire understanding between the Parties with respect thereto. This Agreement is the result of negotiations between the Parties who are each represented an attorney. This Agreement must be interpreted as though it was jointly drafted by the Parties, and it must not be construed against a Party based upon the Party that drafted any particular section,phrase or word of the Agreement.
21. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to - Page 10 of 18 -
DocuSign Envelope ID: F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
engage in the actions described herein. This Agreement may be modified by written amendment.
Any such amendment must be approved by City Council.
22. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original,but all of which together will constitute one instrument executed on the same date.
23. FORCE MAJEURE.Performance by either Party(who is not otherwise in uncured default) must not be deemed to be in default and the Term must be extended where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, supernatural causes acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions on priority, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other Party, or any other causes beyond the reasonable control or without fault of the Party claiming extension of time to perform.Notwithstanding the foregoing,inability to secure satisfactory financing or market and economic conditions must not entitle Developer to an extension of time to perform. An extension of time for any such cause must be for the period of the enforced delay and must commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within twenty (20) days of knowledge of the commencement of the cause.
Signature Page Follows]
- Page 11 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero,Inc.
CITY OF BELLFLOWER, OMAR ROMERO,INC. DBA
a general law city a • nicipal TACO NAZO,a California corporation. / Corporation
Coocosianea by:
P-war u^o
By: Jefjay :tewart,City Manager Omar Romero, CEO Date: lc 3
Attest:
X
ate.re ' iqui, ity perk
i
APP'
e.
if/)7r FORM:
6 ;
Karl H.Bert • ity Attorney
- Page 12 of 18 -
DocuSign Envelope ID. F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero,Inc.
EXHIBIT A
Property Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
BELLFLOWER, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE SOUTH 125 FEET OF LOTS 375, 376, 377 OF SOMERSET ACRES AS PER MAP RECORDED IN BOOK 14 PAGE 105 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM LOT 375,THE EASTERLY 63 FEET THEREOF.
EXCEPT THE EASTERLY 1.10 FEET OF THE WEST HALF OF THE SOUTHERLY 125 FEET OF LOT 375 RESERVING TO THE FIRST NATIONAL BANK OF BELLFLOWER AN EASEMENT FOR FENCE PURPOSES.
PARCEL 1A:
AN EASEMENT FOR THE RIGHT OF INGRESS AND EGRESS OVER THE WESTERLY 20 FEET OF THE NORTHERLY 176.57 FEET OF LOT 376.
EXCEPT THEREFROM THE NORTHERLY 10 FEET OVER WHICH AN EASEMENT HAS BEEN GRANTED TO COUNTY OF LOS ANGELES, FOR WIDENING FLOWER STREET.
PARCEL 2:
THE NORTH 20 FEET OF THE SOUTH 115 FEET MEASURED FROM THE NORTH LINE OF MAPLE AVENUE, 60 FEET WIDE, AS NOW ESTABLISHED OF LOT 377 OF SOMERSET ACRES SHEET NO. 7, AS PER MAP RECORDED IN BOOK 14, PAGE 105 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL URANIUM, THORIUM AND ALL OTHER MATERIALS DETERMINED PURSUANT TO SECTION 5 (B) (1) OF THE ATOMIC ENERGY ACT OF 1946 (60 STAT. 761) TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE
MATERIAL, CONTAINED, IN WHATEVER CONCENTRATION, IN DEPOSITS IN SAID
LAND AS RESERVED FOR THE USE OF THE UNITED STATES IN DEED RECORDED NOVEMBER 12, 1952 AS INSTRUMENT NO. 3415.
APN: 7109-014-012 and 013
Street Address: 16824 Bellflower Boulevard
- Page 13 of 18 -
DocuSign
Certificate Of Completion
Envelope Id:F32B4E99F6484AB385AC98C3B5A734D6 Status:Completed Subject:Signature Requested:AFN 1007 Taco Nazo ENA
Source Envelope:
Document Pages:12 Signatures: 1 Envelope Originator:
Certificate Pages:5 Initials:0 City Clerk
AutoNav:Enabled 16600 Civic Center Drive
Envelopeld Stamping: Enabled 16600 Civic Center Drive
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Bellflower,CA 90706 [email protected]
IP Address: 198.24.206.226
Record Tracking
Status:Original Holder:City Clerk Location:DocuSign
8/11/2023 2:38:34 PM [email protected]
Signer Events Signature Timestamp
Omar Romero DOCu51pni°°y Sent:8/11/2023 2:43:05 PM
[email protected] tial" rO4ttio Viewed:8/13/2023 4:06:20 AM 1/4.-0198893431EF452.
Security Level:Email,Account Authentication Signed:8/13/2023 4:07:04 AM None)
Signature Adoption:Pre-selected Style
Using IP Address:45.49.193.245
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted:8/13/2023 4:06: 20 AM
ID:5f3f5d94-9fcb-47ea-b40a-f7a96b831 c12
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jim DellaLonga
COPIED
Sent:8/11/2023 2:43: 05 PM
[email protected]
Security Level:Email,Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/11/2023 2:43:05 PM
Certified Delivered Security Checked 8/13/2023 4:06:20 AM Signing Complete Security Checked 8/13/2023 4:07:04 AM
Completed Security Checked 8/13/2023 4:07:04 AM
- Page 14 of 18 -
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
- Page 15 of 18 -
Electronic Record and Signature Disclosure created on:6/8/2020 10:47:26 AM Parties agreed to:Omar Romero
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower(we,us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure(ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account,you may access the documents for a limited period of time usually 30 days)after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a
0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically - Page 16 of 18 -
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
- Page 17 of 18 -
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system.
By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.
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14-G
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works
SUBJECT: Consideration and possible action to adopt Resolution No. 23-33 – A Resolution approving the Specifications for the placing of slurry seal on various streets (Specifications No. 21/22-06) pursuant to Government Code §830.6, establishing a project payment account; and authorizing solicitation of bids.
DATE: August 28, 2023
EXECUTIVE SUMMARY
This action would approve the Specifications and authorize the Public Works Department to advertise for bids for the placing of slurry seal on various streets (Specifications No. 21/22-06). 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. 23-33; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The Engineer’s estimate of cost plus contingency to perform the work under Specifications No. 21/22-06 is $716,825. Funds are budgeted in Account Nos. 115-42320-9000 (Measure M Fund Slurry Contract), 140-42320-9000 (Gas Tax Slurry Contract), and 011-42320-9000 (General Fund Slurry Contract).
DISCUSSION
This is the annual slurry seal project at various locations Citywide. The following areas are included in this year’s project:
1) Bounded by Rosecrans Ave. on the north, to Somerset Blvd. on the south, between Woodruff Ave. on the west to east Carfax Ave. on the east (excluding arterial perimeter streets and alleyways).
1 Staff Report – Approval of Specifications for the Placing of Slurry Seal on Various Streets, Spec. No. 21/22-06
August 28, 2023
DISCUSSION – Continued
2) Bounded by Alondra Blvd. on the north, to Flower St. on the south, between Bellflower Blvd. on the west, to Woodruff Ave. on the east (excluding arte rial perimeter streets and alleyways).
3) Bounded by Flower St. on the north, to Artesia Blvd. on the south, between Clark Ave. on the west to Woodruff Ave. on the east (excluding arterial perimeter streets and alleyways).
4) Bounded by MTA right-of-way on the north, to Rose St. on the south, between Lakewood Blvd. on the west to Clark Ave. on the east (excluding arterial perimeter streets and alleyways).
5) Eucalyptus Ave., between Somerset Blvd. to Alondra Blvd.
6) Stevens Ave., between Somerset Blvd. to Alondra Blvd.
The Specifications and an engineer’s estimate of construction costs have been developed. Upon City Council authorization, we 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 § 15301 (Class 1 – Existing Facilities).
ATTACHMENTS:
Resolution No. 23-33....................................................................................................... 3 Plans & Specifications ..................................................................................................... 5
2
CITY OF BELLFLOWER
RESOLUTION NO. 23-33
A RESOLUTION APPROVING THE SPECIFICATIONS
FOR THE PLACING OF SLURRY SEAL ON VARIOUS
STREETS (SPECIFICATIONS NO. 21/22-06) 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 specifications for the Placing of Slurry Seal on Various Streets (“Project”);
B. The Director of Public Works reviewed the completed
Specifications for the Project and agrees that the 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 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 § 15301 (Class 1 – Existing Facilities).
SECTION 2. Design Immunity; Authorization.
A. The Specifications for the Project are determined to be consistent with the City’s standards and are approved.
B. The 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 Specifications approved by this Resolution.
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.
3 City of Bellflower
Resolution No. 23-33
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 mon ies 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 28TH DAY OF AUGUST 2023.
____________________________
Sonny R. Santa Ines, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
4 CITY OF BELLFLOWER
BELLFLOWER, CALIFORNIA
PLANS
SPECIFICATIONS
AND CONTRACT DOCUMENTS
FOR THE
PLACING OF SLURRY SEAL ON VARIOUS STREETS
SPECIFICATIONS NO. 21/22-06
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: Frank Preciado
(562) 804-1424, ext. 2251
BIDS DUE: THURSDAY, SEPTEMBER 21, 2023 AT 11:00 AM
These plans and specifications are the exclusive property of the City of Bellflower and shall not be used in any manner without prior consent of the City of Bellflower. Any reuse of these plans and specifications by others shall be at other’s sole risk and without liability to the City of Bellflower.
5 Notice Inviting Sealed Bids
Specifications No. 21/22-06
CITY OF BELLFLOWER
PLACING OF SLURRY SEAL ON VARIOUS STREETS
SPECIFICATIONS NO. 21/22-06
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-4 Insurance Requirements .............................................................................................. B-5 List of Subcontractors ................................................................................................... B-6 Project Bid Sheet ......................................................................................................... B-7 Bid Bond ....................................................................................................................... B-8 Non Collusion Declaration ............................................................................................ B-9
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
SLURRY MAP ................................................................................................ ATTACHED 6 Notice Inviting Sealed Bids
Specifications No. 21/22-06
N-1
NOTICE INVITING SEALED BIDS
FOR THE PLACING OF SLURRY SEAL ON VARIOUS STREETS
IN THE CITY OF BELLFLOWER
SPECIFICATIONS NO. 21/22-06
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:
THURSDAY, SEPTEMBER 20, 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 Placing of Slurry Seal on Various Streets and related work as shown in the specifications on file with the City’s Public Works Department. The Engineer’s Estimate of cost is $716,825.00. Bids will be publicly opened on September 20, 2023, at 11:00 AM. At the time of contract award, the contractor shall possess a Class “A”, “C-12” or “C-32” 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 thirty-five (35) working days to complete the work.
Work on the Project must be performed in strict conformity with Specification No. 21/22- 06 as adopted by the City’s City Council on August 28, 2023, which is filed with the City’s Public Works Department. Copies of these 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.
The terms and conditions for bidding on the Project are described in the Bidding Instructions which can be found at www.bellflower.org .
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 Califo rnia 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 .
7 Notice Inviting Sealed Bids
Specifications No. 21/22-06
N-2
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 28th day of August, 2023.
CITY OF BELLFLOWER, CALIFORNIA
8 Instructions to Bidders
Specifications No. 21/22-06
I-1
CITY OF BELLFLOWER
PLACING OF SLURRY SEAL ON VARIOUS STREETS
SPECIFICATIONS NO. 21/22-06
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 i ncluding 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.
9 Instructions to Bidders
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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 t o the 10
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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 no t 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) n ame of Subcontractor; (3) city of Subcontractor’s business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so.
6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law. 7 ADDENDA.
7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda.
7.2 Copies of Addenda will be made available for inspection at the City’s Public Works Department.
7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued any time before the Bid Deadline.
7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid.
8 FORM AND STYLE OF BIDS 11
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8.1 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.
8.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter.
8.3 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.”
8.4 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.
8.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.
8.6 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 wor k 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.
8.7 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.
9 BID SECURITY
9.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to “City of Bellflower.” When a Bond is used for Bid Security, failure to use the City’s Bid Bond form will result in the rejection of the Bid.
9.2 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 12 Instructions to Bidders
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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, b etween the amount of the disqualified Bid and the larger amount for which the City procures the Work.
9.3 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 attorn ey 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.”
9.4 The City will retain Bid Security until the occurrence of one of the following:
9.4.1 All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City.
9.4.2 The specified time has elapsed during which Bids ma y be withdrawn.
9.4.3 All Bids have been rejected.
9.5 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 Project name, 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.”
9.6 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.
9.7 Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids.
9.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
10 MODIFICATION OR WITHDRAWAL OF BID.
10.1 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.
10.2 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.
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10.3 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.
10.4 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.
11 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. 12 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. 13 AWARD
13.1 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.
13.2 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.
13.3 The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents.
13.4 The City will determine the low Bidder on the basis of the sum of th e 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.
13.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
13.5 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 14 Instructions to Bidders
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the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:
13.5.1 Two originals of the Agreement signed by Bidder.
13.5.2 Two originals of the Labor and Materials Bond.
13.5.3 Two originals of the Faithful Performance Bond.
13.5.4 Certificates of Insurance.
13.5.5 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.
13.5.6 Preliminary Contract Schedule.
13.5.7 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.
13.5.8 Cost Breakdown.
13.6 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.
13.7 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.
13.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder’s Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids.
14 PROTEST
14.1 Procedure to be followed by protester and City Clerk. 15
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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.
14.2 Procedure to be followed at the Hearing.
A. At the time set for consideration of the bids received in connection with the Project, the City Council must allow City staff to proceed with its presentation first.
B. Following the staff presentation, the City Council will allow the Protester to make his/her presentation. The Protester has the right to introduce any testimony or other evidence which could not, by the exercise of 16 Instructions to Bidders
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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 he aring, 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.
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.
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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:
4. Notice that the Protest (and supporting documents, if any) was filed with the City Clerk;
5. Notice regarding the date, time, and place when and where the City Council will consider the bids received in connection with the Project; and
6. Notice that the Low Bidder may appear at the meeting and rebut the Protest including, without limitation, the ability to present evidence that the Low Bidder is qualified to perform the work and is the “lowest responsible bidder” on the Project.
D. In addition to the notice provided to the Low Bidder, the City Clerk must attempt to contact the Low Bidder by phone regarding the Protest. If the City Clerk is able to contact the Low Bidder, the City Clerk must provide, if the Low Bidder requests it, a facsimile copy of the Protest.
E. The City Clerk must also provide the Protester with notice regarding the date, time, and place when and where the City Council will meet to consider bids for the Project.
15.2 Procedure to be followed at the Hearing.
A. At the time set for consideration of the bids received in connection with the Project, the City Council must allow City staff to proceed with its presentation first.
B. Following the staff presentation, the City Council will allow the Protester to make his/her presentation. T he 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.
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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.
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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 PLACING OF SLURRY SEAL ON VARIOUS STREETS
IN THE CITY OF BELLFLOWER
SPECIFICATION NO. 21/22-06
Bidder accepts all of the terms and conditions of t he 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 oth erwise 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 ____________________
Number ______________ Date ____________________
Number ______________ Date ____________________
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:
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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:
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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:
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PLACING OF SLURRY SEAL ON VARIOUS STREETS
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
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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.
Pollution Liability $1,000,000
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 Aut o 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
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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.
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UNIT PRICE BID SCHEDULE A
Schedule of Prices for the:
PLACING OF SLURRY SEAL ON VARIOUS STREETS SPECIFICATIONS NO. 21/22- 06 in Bellflower, California
Item
No. Description Estimated
Quantity Unit Price Total Amount
1. Mobilization (Not to
Exceed 5% of the Total
Construction Costs)
1 LS
2. Traffic Control 1 LS
3. Type II Slurry 1350
Spread Rate with 2.5%
Latex
2,555 TN
4. Citywide Striping –
Details Shown on GP 1 LS
5. Maintenance Sweeping 2 DAYS
Name of Bidder or Firm
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 Sc hedule 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
26 BID
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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
PLACING OF SLURRY SEAL ON VARIOUS STREETS
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.
27 BID
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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
28 Agreement
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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 forty (40) 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. 29
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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 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 30
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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 Califor nia, 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
C. Precedence of documents as determined in the Standard Specifications.
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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.
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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
33 Faithful Performance Bond
Specifications No. 21/22-06
FPB-1
CITY OF BELLFLOWER
PLACING OF SLURRY SEAL ON VARIOUS STREETS
SPECIFICATIONS NO. 21/22-06
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. 21/22-06, 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. 21/22-06, 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”).
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 21/22-06 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such 34 Faithful Performance Bond
Specifications No. 21/22-06
FPB-2
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. 35 Labor and Materials Bond
Specifications No. 21/22-06
L&MB-1
CITY OF BELLFLOWER
PLACING OF SLURRY SEAL ON VARIOUS STREETS
SPECIFICATIONS NO. 21/22-06
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. 21/22-06 (“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. 21/22-06, 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 p lans and profiles are approved by the City Council and filed with CITY’s Public Works Department.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).
36 Labor and Materials Bond
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L&MB-2
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 21/22-06, 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 TW O (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
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.
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.
37 Worker’s Compensation
Specifications No. 21/22-06
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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
By
Title
38 Declaration of Sufficiency of Funds
Specifications No. 21/22-06
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 insu rance 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)
39 Declaration of Sufficiency of Funds
Specifications No. 21/22-06
DSF-2
4. The following is the address of any real property that will be used to house workers in connection with the performance of the Work 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, curre nt 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
40 Declaration of Sufficiency of Funds
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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
41 Guaranty
Specifications No. 21/22-06
G-1
CITY OF BELLFLOWER
PLACING OF SLURRY SEAL ON VARIOUS STREETS
SPECIFICATIONS NO. 21/22-06
GUARANTY
In accordance with the terms of the contract for the Placing of Slurry Seal on Various Streets 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 def ective 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 guar antee period.
_____________________________ ________________________________ Date (Print Name of Contractor, Company or Corporation)
________________________________
Signature
42 Standard Specifications
Specifications No. 21/22-06
SS-1
CITY OF BELLFLOWER
PUBLIC WORKS DEPARTMENT
STANDARD SPECIFICATIONS
Except as modified by these Standard Specifications, the provisions of the latest edition of the “Standard Specifications for Public Works Construction” (“Greenbook”) and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. THESE STANDARD
SPECIFICATIONS ARE INTENDED TO, AND DO, TAKE PRECEDENCE OVER ANY CONFLICTING PROVISION OF THE GREENBOOK.
1. NUMBERING OF SECTIONS
The numbering of these Standard Specifications is NOT intended to conform with the Greenbook. Rather, the numbering is specific for these Standard Specifications. As noted at the outset, however, the provisions contained within these Standard Specifications supersede any conflicting clauses within the Greenbook and govern the contractual relationship between the Parties.
2. MODIFICATIONS
To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence.
3. DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Specifications.
Acceptance – The date on which the City Council accepts the Work as complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers – Advisors employed by the City.
Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
Compensable Delay – a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement.
Due Notice – A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action.
Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.
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Public Works Director – The City Public W orks 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 Con tract 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 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 44 Standard Specifications
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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 certific ate 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.
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
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The Faithful Performance Bond and the Labor and Materials Bon d 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
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 46 Standard Specifications
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the Contract, the Contractor will apply to the Public Works Director for such further explanations as may be necessary and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both.
10. ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information.
The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Public Works Director any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Public Works Director.
11. RIGHT-OF-WAY
When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities were left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work.
12. SURVEYING
The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California.
The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Public Works Director.
It is the Contractor’s responsibility to protect the survey control as shown on the plans.
If the survey control is destroyed or disturbed during construction, the Contractor will 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.
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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.
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
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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 in writing of such changed conditio ns (upon discovery and before disturbing such changed conditions), so that the Public Works Director 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 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 t he 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.
• 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.
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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 C ontractor 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
Whenever any material, product, equipment, or service is specified by b rand, 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:
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• 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 movin g 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 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. 51 Standard Specifications
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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 less than the Contract may be acceptable if judged by the Public Works Director 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.
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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
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
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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 pl ace 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 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
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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.
The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or 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.
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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 16
President’s Day - February 20
Memorial Day - May 29
Independence Day - July 4
Labor Day - September 4
Veterans’ Day - November 9
Thanksgiving - November 24
Friday after Thanksgiving - November 25
Christmas Day - December 25
Tuesday After Christmas - December 26
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.
A. Night Work
Except as otherwise provided in the Technical Specifications or sep arate 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
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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 C ity 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
Consistent with PCC §§ 9204 and 10240.6, “Claim” means a writt en 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.
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• 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.
➢ To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that co sts 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:
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➢ 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
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 59 Standard Specifications
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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.
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. 60
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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
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.
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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
• 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 Rel ations, 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
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Every Contractor and subcontractor will keep an accurate certifie d 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 i nvalid under Civil Code § 2782(b).
36. INDEMNIFICATION AND DEFENSE
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 63 Standard Specifications
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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.
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 pa ssage 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
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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 pr event 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.
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.
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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.
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 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 66 Standard Specifications
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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 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.
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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 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.
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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.
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. 69
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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, f rom 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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CITY OF BELLFLOWER
PLACING OF SLURRY SEAL ON VARIOUS STREETS
AND CITY-OWNED PARKING LOTS
SPECIFICATIONS NO. 21/22-06
TECHNICAL PROVISIONS
All construction shall conform to the corresponding section of the Standard Specifications for Public Works Construction and any other publication as specified or listed in the General Provisions. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence.
2-2.1 SCOPE OF WORK
The work to be done consists of furnishing all labor, materials, methods and processes, implements, tools and machinery which are necessary and required for the placing of slurry seal on various streets including cleaning the surface, furnishing the water dampening the pavement and protecting the seal until it has set on the street, within the following general areas:
1) Bounded by Rosecrans Ave. on the north, to Somerset Blvd. on the south, between Woodruff Ave. on the west to east Carfax Ave. on the east (excluding arterial perimeter streets and alleyways).
2) Bounded by Alondra Blvd. on the north, to Flower St. on the south, between Bellflower Blvd. on the west, to Woodruff Ave. on the east (excluding arterial perimeter streets and alleyways).
3) Bounded by Flower St. on the north, to Artesia Blvd. on the south, between Clark Ave. on the west to Woodruff Ave. on the east (excluding arterial perimeter streets and alleyways).
4) Bounded by MTA right-of-way on the north, to Rose St. on the south, between Lakewood Blvd. on the west to Clark Ave. on the east (excluding arterial perimeter streets and alleyways).
5) Eucalyptus Ave., between Somerset Blvd. to Alondra Blvd.
6) Stevens Ave., between Somerset Blvd. to Alondra Blvd.
ADDITIONAL REQUIREMENTS
(A) Alterations. By mutual consent in writing of the parties signatory of the contract, alterations or deviations, increases or decreases, additions or 76 Technical Provisions
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omissions in the specifications may be made and the same shall in no way effect or make void the contract. The City of Bellflower reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Director of Public Works.
(B) Extra Work. New and unforeseen work will be classed as extra work when such work cannot be covered by any of the various items or combination of items for which there is bid price.
The Contractor shall do no extra work except upon written order from the Director of Public Works. For such extra work, the Contractor shall receive payment as previously agreed upon in writing.
(C) Removal of Obstructions. The Contractor shall remove and dispose of all structures, debris or other obstructions of any character to the construction of the street or road, if and as required by the Director of Public Works.
(D) Final Cleaning Up. Upon completion and before making application for acceptance of work, the Contractor shall clea n up the street or road and all ground occupied by him in connection with the work, of all rubbish, excess materials, temporary structures and equipment; and all parts of the work shall be left in a neat and presentable condition.
(E) Observing Laws and City Ordinances. The Contractor shall observe all the Ordinances of the City of Bellflower relating to the obstruction of streets, and keeping passageways open, and to protect them where they are exposed or dangerous to travel. The Contractor shall be obliged to adhere to all State and local regulations pertaining to safety measures, traffic flow, barricades, night lighting, etc. and accomplished to the satisfaction of the Director of Public Works.
(F) Public Utilities and Pipe Lines. In the prosecution of the work herein specified, the Contractor shall at all times afford the right of any owner of any public utilities or franchises, or other owners of pipeline or conduits, enter upon the street for the purpose of making new installations, changes or repairs to said utilities or other property.
It shall be the Contractor’s responsibility to coordinate and ascertain all utilities that may be involved by this Contractor to the respective utility companies for the expeditious handling of installations involved. Attention is directed to Section 5 of the Standard Specifications. (G) Schedule. Contractor to make own schedule to be approved by the City and not to exceed 150 tons per day.
(H) Standards. Copies of the Standard Plans and Specifications that are referenced on the drawings and in these specifications are on file and 77 Technical Provisions
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available through the office of the Director of Public Works for the City of Bellflower.
(I) Inspection. The Director of Public Works, or his authorized agent, shall at all times have access to work during construction, and shall be furnished with every workmanship, and character of materials used and employed in the work. The Contractor shall notify the Director of Public Works twenty-four (24) hours in advance when he will require inspection for either material or work to be done.
Inspections of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good and unsuitable materials may be rejected, notwithst anding the fact that such defective work and unsuitable materials have been previously overlooked by the Director of Public Works and accepted or estimated for payment. The normal working hours for inspection are 7:30 a.m. to 3:00 p.m., Monday through Friday, excluding holidays and the City’s alternating Fridays off. The City of Bellflower shall be reimbursed at the rate of $168.00 per hour for any inspection required other than the above mentioned hours.
The construction details shall be as follows and as directed by these specifications, together with the referenced appropriate section of said Standard Specifications.
(A) General. Emulsion-aggregate slurry shall be a stable mixture of emulsified asphalt, mineral aggregate, water, and when specified, accelerator of retardant and is referred to as slurry. Mixing and spreading of slurry shall be as described in Subsection 302 -4 of the Standard Specification.
(B) Materials. The ingredients of the slurry shall conform to the following:
1. Emulsified asphalt shall be a slow set or quick set type 1.3, Test Reports and Certification, and 203-3.4.2, Testing Requirements and the following modifications: Type II slurry using cationic emulsion.
Minimum Maximum
Furol viscosity at 77 degrees, sec 20 100
Sieve Test (Retained on No. 20) 0.10
Residue from distillation % 57
Penetration to residue at 77 degrees 40 90
Particle charge test Positive
The cement-mixing test will not be required for quickset cationic emulsified asphalt.
2. The accelerator or retardant for quick setting emulsion shall be a type approved by the Engineer. The amount of accelerator or retardant to 78 Technical Provisions
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TP-4
be included in the slurry shall be that amount necessary to ensure the applied slurry can support vehicular traffic within 60 minutes after the last application.
3. Water shall be integrated with the other ingredients of the slurry.
Contractor shall in no case use reclaimed water.
4. Aggregate shall be rock dust or other mineral aggregates approved by the Engineer and shall conform to the requirements of Section 200.
The aggregate shall have a minimum sand equivalent of 45 (Test Method No. Calif. 217) and shall not have a moisture content in excess of four percent (4%) by weight.
(C) Composition and Grading. The grading of the combined aggregate and percentage of emulsified asphalt shall be in accordance with the requirements of Subsection 203-5.3: Type II, “Composition and Grading,” of the Standard Specifications.
(D) Mix Check. Contractor shall provide a sample of the mix proposed for use on the project. The mix designer shall identify the optimum proportions of aggregate, asphalt emulsion and any additives proposed to be used by the Contractor. The mix shall achieve the strength, wear and consistency as required in the City Specifications.
Said mix shall be reviewed and approved by the City prior to the Contractor beginning work.
The grading of the combined aggregate and the percentage of emulsified asphalt shall be such as to conform to the requirements indicated in the following tabulations, Type II with 2.5% Latex:
Sieve Size
Type I
% Passing
Type II
% Passing
3/8” (9.5 mm) 100 100
#4 (4.74 mm) 100 90-100
#8 (2.36 mm) 90-100 65-90
#16 (1.18 mm) 65-90 45-70
#30 (600 microns) 40-60 30-50
#50 (300 microns) 25-42 18-36
#100 (150 microns) 15-30 10-24
#200 (75 microns) 10-20 5-15
Emulsified Asphalt
% of Aggregate weight
(Must meet residual
Asphalt requirement)
17-20 14-18
Residual Asphalt 10 min 7.5 min
SLURRY
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Material. The materials for emulsion-aggregate slurry shall conform to Subsection 203-5 and shall be delivered to the job site only when the inspector is present.
(E) Testing Laboratories. All other required materials testing will be arranged by the City. The cost of materials testing shall be borne by the City. The cost for any retesting of a result of the Contractor’s failure to meet the requirements of these specifications shall be charged to the Contractor and withheld from final payment
(F) Mixing – General. Mixing shall be performed by continuous-flow mixer. All aggregate particles shall be uniformly saturated and coated with asphalt.
In addition to the above schedule, in the event that services of City forces are required for the correction of traffic control conditions during hours other than the normal working hours of the City, an additional charge of fully burden overtime hourly rate per person per hour so required shall be levied for each occurrence thereof.
(G) Cleanup. The Contractor shall have a sufficient number of men on the job at all times to properly protect the freshly laid materials (a minimum of four (4) men) and to correct any irregularities resulting from a spillage, unsatisfactory materials or any other inconsistency as the work progresses.
All discrepancies encountered in the application of slurry shall be immediately corrected including any wheel marks on fresh slurry.
(H) Notification. The Contractor shall notify all property owners (Not less than 72 hours in advance) of days and dates that streets adjoining their property will be slurried. A form letter will be furnished by the Contractor to be approved by the City. All costs to the Contractor shall be included in the price of the slurry.
(I) Posting. “Temporary No Parking,” signs to be furnished by the City and dated and posted by the Contractor not less than 48 hours in advance and the cost included in the price of slurry.
(J) Emulsion Aggregate Slurry. Emulsion aggregate slurry shall conform to Standard Specifications for Public Works Construction Current Edition.
(K) Coverage. The material shall cover a minimum average yield of 1,350 square feet per extra-long ton Type II.
(L) Placement. Slurry shall not be applied at more than 270 ft. per minute, per 1350 sq. ft. per long ton. Th e slurry shall be applied in such a manner that no ripples, bumps or ridges exist. If ripples or waves occur in the slurry during the application, the work shall cease and the contractor shall correct the situation as stated in section S of 2.2.1 Special Provisions. 80 Technical Provisions
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Contractor shall deploy a modified slurry box for alley application operation to avoid spillage onto concrete V-gutters.
(M) Application Hours. The application of Slurry Seal shall not commence until after 7:30 a.m., and shall conclude at 2 :00 p.m., unless authorized by the City Engineer. The Slurry Seal shall be cured to be open to traffic by 3:00 p.m.
Slurry shall not be applied if either the pavement of the ambient air temperature is less than 50°F and falling. The portions of streets to be Slurry Sealed shall be closed from the time the application begins until the mixture has sufficiently set to be opened to traffic.
(N) Measurement and Payment. Slurry shall be paid for at the contract price per extra-long ton or as shown in the proposal. When payment is to be made on an extra-long ton basis, the quantity will be determined by the tonnage of dry aggregate used only in the mixture of slurry.
The contract unit price per extra-long ton shall include full compensation for furnishing emulsion, accelerator and water (including water for dampening the pavement). All labor, tools, equipment and incidentals, and for doing all the work involved in construction of the slurry seal complete in the areas as shown on the plans and specified in these specifications.
The Contractor shall supply the Engineer with licensed Weightmaster’s Certificates of weight for all aggregates delivered to the job during the course of each day. Aggregate so certified as being delivered to the project shall be used only in the slurry mixture. The Contractor shall also present Weightmaster’s Certificates for the amount of such aggregate remaining at the completion of the project at no cost to the agency. Payment shall be determined by deducting the amount of aggregate remaining on the project from the amount of aggregate delivered to the project, as soo n as shown on license of Weightmaster’s Certificates.
No deliveries of aggregate or emulsion shall be made without the Inspector being present to sign for receipt of materials.
There shall be no outside work to be done utilizing materials from the tanks or stockpiles stored for the City’s contract.
The Contractor shall furnish, prior to commencing work, a calibrated stick to measure the oil in the trailer storage tanks in ten (10) gallon increments.
DRIVE ON SCALES shall also be delivered to the stockp ile, before work begins, to weigh each machine, load of aggregate leaving and upon returning to the stockpile. This measurement practice will provide accurate tons of aggregate placed, emulsion used and percent of emulsion consumed.
The plant inspector shall check the oil in each load and in the tanks at the beginning and end of each day to determine the amount of oil being used. 81 Technical Provisions
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Certified Weightmaster’s tickets shall be provided to the inspector of all materials to be used.
(O) Sweeping. The street shall be properly swept by the Contractor with a self-loading broom sweeper, satisfactory to the City of Bellflower, just prior to the laying of the slurry and the cost thereof included in the price of material.
After the slurry surface has been in place for one week, the Contractor is responsible to sweep the surface with a Mechanical Mobile Sweeper equipped with a gutter and rear broom to remove the loose particles.
Sweeper operator shall also be equipped with a hand held or backpack blower to blow off the sidewalks where loose materials may have been dispersed. All labor, tools, equipment and incidentals for this maintenance shall be included in Bid Item No. 3, at no additional cost to the Agency.
(P) Construction Yard. It shall be the Contractor’s responsibility to locate any storage sites for materials and equipment needed and such sites must be approved 10 days in advance by the Director of Public Works, before start of work.
When storage sites are located on private properties, the Contractor shall be required to submit to the City Engineer written approval from the owner of record authorizing the use of his property by the Contractor.
(Q) Sanitary Convenience. Necessary sanitary facilities for the use of workers on the job, properly secluded from public observation and in compliance with health ordinances and laws, shall be constructed and maintained in an approved manner by the Contractor and their use shall be strictly enforced by the Contractor.
(R) Payment. It is the intent and purpose that the sum of the bid items and prices will constitute full and complete payment for the improvements as set forth in these specifications and in order to effect a complete job.
(S) Ridges. This is to notify any prospective bidder that if ridges are created on the subject streets from the slurry application creating a, “washboard” effect, the Contractor shall resurface each street with one and one half (1 1/2) inches of ARHM, including any and all necessary cold planning per the City of Bellflower Standard Specifications at no additional cost to the City.
(T) Cost of Damage Repair Included. All costs including material, labor or equipment incurred or used by the Contractor to repair any damage to the slurry placed by said Contractor shall be included in the bid by ton as the slurry is placed, so no additional cost will be paid by the City.
(U) Storage of Materials. The Contractor shall provide a place to store the materials for the work specified in these specifications at no additional 82 Technical Provisions
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TP-8
cost to the City. Said location to be approved by the Director of Public Works.
(V) Equipment Requirements. The Contractor (or their designee) shall provide a scale or appropriate weighing device at the project site or an alternate site approved by the City. The weighing device shall show the net weight of the aggregate bin on each slurry machine before the machine and product will be approved by the Director of Public Works (or her designee) for the slurry on the project.
(W) Manhole Lid Cleaning. Contractor shall clean all manhole lids.
(X) Material Protection and Maintenance. Adequate means of protection shall be implemented to protect the slurry surface from damage by traffic until such time that the mixture has cured sufficiently so that the slurry course will not adhere to and be picked up by the tires of vehicles. The Contractor shall repair any damage to the seal treatment at no cost to the Agency.
PAINTING
The Contractor shall furnish all pavement markings per current Edition of the California MUTCD as directed by the Owner’s Representative at the following locations per L.F.: Continued on next page.
83 Technical Provisions
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Paint Street Intersection or Location (Detail 1)
Yellow Skip
(Detail 21)
Double Yellow
with 3" Black
(Detail 22)
Double Yellow
with 3" Black
Detail 27B
White Edge
Line
1 McNab Rosecrans to Somerset 1743
2 Hegal Hegal and Virginia 300
3 Virginia N/O Alondra 50
4 Stevens Somerset to Alondra 2463 100
5 Eucalyptus
Between Alondra and
Somerset
Detail 1 Yellow Skip
2355
6 Eucalyptus S/O Somerset 50
7 Eucalyptus N/O Alondra 50
8 Virginia S/O Alondra 50
9 Bonfair S/O Alondra 50
10 Oak W/O Clark 50
11 Eucalyptus S/O Alondra 50
12 Oak E/O Bellflower 50
13 Civic Center
Dr. N/O Flower 50
14 Flora Vista E/O Bellflower 50
15 Cornuta S/O Alondra 50
16 Flora Vista N/O Flower 50
17 Palm W/O Clark 50
18 Arkansas W/O Bellflower 50
19 Park W/O Bellflower 50
20 Park E/O Clark 50
84 Technical Provisions
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Paint
Street Intersection or Location (Detail 1)
Yellow Skip
(Detail 21)
Double Yellow
with 3" Black
(Detail 22)
Double Yellow
with 3" Black
Detail 27B
White Edge
Line
21 Park Clark to Bellflower 2398 4896
22 Beach W/O Bellflower 670
23 Beach E/O Clark 370
24 Beverly Clark to Ardmore 1347 2794
25 Beverly E/O Clark 50
26 Ardmore N/O Artesia 50
27 Park W/O Woodruff 50
28 Beach W/O Woodruff 50
29 Arkansas E/O Bellflower 50
30 Park E/O Bellflower 50
31 Beach E/O Bellflower 50
32 Virginia Artesia to Cedar 1207
33 Virginia S/O Artesia 50
34 Ramona Lakewood to Clark 2391
35 Ramona W/O Clark 50
36 Ramona E/O Lakewood 50
Total 13904 1300 1440 7690
85 Technical Provisions
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Placement of striping and markings shall conform to the requirements of Section 84 and 85 of the Caltrans Standard Specifications, latest edition, the Caltrans Standard Plans and these Special Provisions.
Nothing in these Special Provisions shall relieve the Contractor from the responsibilities established in Subsection 7 -10, “Public Convenience and Safety”, of the State Standard Specifications.
Two (2) applications of paint within the newly slurried streets shall be made following layout alignment and spotting. All striping outside of the newly slurried streets will require one (1) coat. The Contractor shall mark, or otherwise delineate, the new traffic lanes and pavement markings before leaving the site on the same day he covers the existing striping and markings. No street shall be without the proper delineation when open to the public. Travel lanes shall not be left more than 2 weeks without permanent striping.
All striping legends which are partially demolished due to roadway paving limits shall be fully sand blasted and repainted to the City Engineers satisfaction.
All centerline and striping transitions shall be per the specifications set forth in Section 405 of the Caltrans Highway Design Manual and are subject to City Engineer approval. Paragraphs 1 and 2 of Subsection 84 -
1.01, “Description” of the State Standard Specifications, are amended to read:
This work shall consist of applying painted traffic lines and pavement markings at the locations designated by the Engineer, and as specified in these Specifications and Special Provisions.
That kind of material or paint to be applied will be designated in the Caltrans Standard Specifications, specified in the Special Provisions, or shown on the plans.
Paragraph 1 of Subsection 84-1.02, “Control of Alignment and Layout”, is amended to read:
The Contractor shall perform all layout, alignment and spotting, which will consist of existing strips or control points spaced at two hundred (200) feet on tangents and fifty (50) feet on curves and tapers.
The first sentence of paragraph 4 of Subsection 84 -1.03 “Tolerances and Appearance” is amended to read:
Drips, overspray, improper markings and paint material tracked by traffic shall be immediately removed from the pavement surface by methods approved by the Engineer.
86 Technical Provisions
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Paragraph 2 of Subsection 84-1.04 “Protection from Damage” is amended to read:
Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry.
The first sentence of paragraph 1 of Subsection 84-33.02 “Materials” is amended to read:
Such mixing shall be at the Contractor’s expense.
Pavement markers shall conform to the provisions in Section 85, “Pavement Markers”, of the Caltrans Standard Specifications and these “Special Provisions”, and as approved by the Owner’s Representative.
Reflective and non-reflective raised pavement marker’s (RPM’s) shall be placed as part of the second coat of striping. A blue RPM shall be placed in the street at each fire hydrant location per the direction of the Engineer.
Traffic striping shall be applied with two applications with the exception of those streets outside of the slurry boundaries requiring one (1) application.
The first application to be done 7 calendar days following slurry placement, the second application, to be done 7 calen dar days following first application. All pavement markings shall be completed 15 days following Slurry Seal placement.
Payment for Traffic Striping, Markers and Markings, shall be at the Lump Sum (LS) bid price and shall include full compensation for furnishing all labor, materials, tools equipment and incidentals, and for doing all the work involved in placing temporary striping, permanent striping, legend markings, arrows, raised pavement markers, traffic signs, etc., as shown on the plans, as specified in the Caltrans Standard Specifications and these specifications, and as directed by the Engineer and no additional compensation will be made therefore.
87 TP-11
88 14-H
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Philip Wang, Assistant City Engineer
SUBJECT: Consideration and possible action to authorize the Mayor to execute Agreement File No. 51.93 with the Los Angeles County Metropolitan Transportation Authority, in a form approved by the City Attorney, for the Foster Road Traffic Signal Upgrades Project.
DATE: August 28, 2023
EXECUTIVE SUMMARY
This action would authorize the Mayor to execute a Measure M Multi -Year Subregional Program Grant Funding Agreement (the Agreement) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Foster Road Traffic Signal Upgrades Project consisting of traffic signal upgrades along Foster Road at Bellflower Boulevard and at Clark Avenue as well as a new traffic signal at the intersection of Foster Road and Ardis Avenue/Charlemagne Avenue.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the Mayor to execute Agreement File No. 51.93, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
This funding is scheduled to be amended into the current budget. The amount of $850,000 would be budgeted into Account No. 030-47148-9000 (Traffic Signal Grant Funds).
DISCUSSION
This agreement with Metro is for Measure M funds. The project will be a joint project between the cities of Bellflower and Downey as both agencies share Foster Road. In partnership with Downey, Bellflower submitted the grant application and will serve as the lead agency on the project.
The existing traffic signals at Clark Avenue and Bellflower Boulevard will be modified to include left turn arrows for east and westbound traffic. The project will also include a new traffic signal at Foster Road and Ardis Avenue/Charlemagne Avenue. The project will significantly increase overall safety for pedestrians, bicyclists and vehicles, while improving overall traffic operations along Foster Road.
ATTACHMENT:
Agreement File No. 51.93 ............................................................................................... 2 1 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 1 Measure M Funding Agreement – MSP
MEASURE M FUNDING AGREEMENT
MULTI-YEAR SUBREGIONAL PROGRAMS
This Funding Agreement (“FA”) is made and entered into effective as of December 14, 2022 (“Effective Date”), and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of Bellflower ("GRANTEE") for Foster Road Traffic Signal Upgrades Project, LACMTA Project ID# MM5509.08 and FTIP# LA9919184, (the "Project").
This Project is eligible for funding under Line 61 of the Measure M Expenditure Plan.
WHEREAS, LACMTA adopted Ordinance #16-01, the Los Angeles County Traffic Improvement Plan, on June 23, 2016 (the “Ordinance”), which Ordinance was approved by the voters of Los Angeles County on November 8, 2016 as “Measure M” and became effective on July 1, 2017.
WHEREAS, the funding set forth herein is intended to fund Plans, Specifications and Estimates (PS&E) and Construction of the Project.
WHEREAS, the LACMTA Board, at its June 15, 2022 meeting, programmed $850,000, in Measure M Funds to GRANTEE for Plans, Specifications and Estimates (PS&E) and Construction of the Project, subject to the terms and conditions contained in this FA; and
WHEREAS, the Funds are currently programmed as follows: $100,000 in Measure M Funds in Fiscal Years (FY) 2022-23; and $750,000 in FY 2023-24. The total designated for Plans, Specifications and Estimates (PS&E) and Construction of the Foster Road Traffic Signal Upgrades Project is $850,000.
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions of this FA consist of the following and each is incorporated by reference herein as if fully set forth herein:
1. Part I – Specific Terms of the FA
2. Part II – General Terms of the FA
3. Attachment A – Project Funding
4. Attachment B – Expenditure Plan- Cost & Cash Flow Budget
5. Attachment C – Scope of Work
6. Attachment D – Project Reporting and Expenditure Guidelines
7. Attachment D-1 – intentionally omitted
8. Attachment D-2 – Quarterly Progress/Expenditure Report
9. Attachment E – Federal Transportation Improvement Program (FTIP) Sheet
10. Attachment F – Bond Requirements
11. Any other attachments or documents referenced in the above documents
In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the FA and any attachments and the Specific Terms of the FA shall prevail over the General Terms of the FA.
2 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 2 Measure M Funding Agreement – MSP
IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:
City of Bellflower
By: _______________________________________ Date: ____________________ Sonny R. Santa Ines
Mayor
APPROVED AS TO FORM:
By: _______________________________________ Date: ____________________ Karl H. Berger
City Attorney
3 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 3 Measure M Funding Agreement – MSP
PART I
SPECIFIC TERMS OF THE FA
1. Title of the Project (the "Project"): Foster Road Traffic Signal Upgrades – Plans, Specifications and Estimates (PS&E) and Construction of the Project. LACMTA Project ID# MM5509.08, FTIP# LA9919184.
2. Grant Funds:
2.1 Programmed Funds for this Project consist of Measure M Funds.
2.2 To the extent the Measure M Funds are available; LACMTA shall make to GRANTEE a grant of the Measure M funds in the amount of $850,000 (the “Funds”) for the Project. LACMTA Board of Directors’ action of June 15, 2022, granted the Measure M Funds for the Project. The Funds are programmed over 2 years for Fiscal Years (FY) FY 2022-23 and FY 2023-24.
3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the appropriate supporting documentation with the Quarterly Progress/Expenditure Report.
GRANTEE Funding Commitment, if applicable, must be spent in the appropriate proportion to the Funds with each quarter’s expenditures. LACMTA will withhold ten percent (10%) of eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope of work.
4. Attachment A the “Project Funding” documents all sources of funds programmed for the Project as approved by LACMTA. The Project Funding includes the total programmed funds for the Project, including the Funds programmed by LACMTA and, if any, the GRANTEE Funding Commitment of other sources of funding. The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. The Funds are subject to adjustment by subsequent LACMTA Board Action.
5. Attachment B is the Expenditure Plan- Cost & Cash Flow Budget (the "Expenditure Plan"). It is the entire proposed cash flow, the Budget and financial plan for the Project, which includes the total sources of all funds programmed to the Project, including GRANTEE and other entity funding commitments, if any, for this Project as well as the fiscal year and quarters the Project funds are anticipated to be expended. GRANTEE shall update the Expenditure Plan annually, no later than December 31, and such update shall be submitted to LACMTA’s Senior Executive Officer managing the Measure M Multi-Year Subregional Program in writing. If the LACMTA’s Senior Executive Officer managing the Measure M Multi-Year Subregional Program concurs with such updated Expenditure Plan in writing, Attachment B shall be replaced with the new Attachment B setting forth the latest approved Expenditure Plan. Payments under this FA shall be consistent with Attachment B as revised from time to time. Any change to the final milestone date must be made by a fully executed amendment to this FA.
6. Attachment C is the “Scope of Work”. The GRANTEE shall complete the Project as described in the Scope of Work. This Scope of Work shall include a detailed description of the 4 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 4 Measure M Funding Agreement – MSP
Project and the work to be completed, including anticipated Project milestones and a schedule consistent with the lapsing policy in Part II, Section 9, and a description of the Project limits, if the Project is a capital project. No later than December 31 of each year, GRANTEE shall notify LACMTA if there are any changes to the final milestone date set forth in the schedule or any changes to the Scope of Work. If LACMTA agrees to such changes, the parties shall memorialize such changes in an amendment to this FA. Work shall be delivered in accordance with the schedule and scope identified in this FA unless otherwise agreed to by the parties in writing in an amendment to this FA. If GRANTEE fails to meet milestones or fails to deliver the Project, LACMTA will have the option to suspend or terminate the FA for default as described in Part II, Sections 2, 9, 10 and 11 herein below. To the extent interim milestone dates are not met but GRANTEE believes and can show documentation acceptable to LACMTA supporting GRANTEE’s ability to make up the time so as to not impact the final milestone date, GRANTEE shall notify LACMTA of such changes in its Quarterly Progress/Expenditure Reports and such interim milestone dates will automatically be amended to the latest interim milestone dates provided in the Quarterly Progress/Expenditure Reports Attachment D-2. In no event can the final milestone date be amended by a Quarterly Progress/Expenditure Report.
7. No changes to this FA, including but not limited to the Funds, and any other source of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of Work shall be allowed without an amendment to the original FA, approved and signed by both parties.
8. Attachment D is the “Project Reporting & Expenditure Guidelines”. GRANTEE shall complete the “Quarterly Progress/Expenditure Report”. The Quarterly Progress/Expenditure Report is attached to this FA as Attachment D-2 in accordance with Attachment D – Project Reporting and Expenditure Guidelines.
9. Attachment E, the "FTIP PROJECT SHEET (PDF)", is required to ensure that the Project is programmed correctly in the most up-to-date FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP database under the reports section at http://program.metro.net . All projects that receive funding through Measure M must be programmed into the FTIP, which includes locally funded regionally significant projects for information and air quality modeling purposes. GRANTEE shall review the Project in ProgramMetro each year and update or correct the Project information as necessary during a scheduled FTIP amendment or adoption. GRANTEE will be notified of amendments and adoptions to the FTIP via e-mail. Changes to the FTIP through ProgramMetro should be made as soon as possible after GRANTEE is aware of any changes to the Project, but no later than October 1 of the year the change or update is effective. Should GRANTEE fail to meet this date, it may affect GRANTEE's ability to access funding, delay the Project and may ultimately result in the Funds being lapsed.
10. LACMTA anticipates it may need to avail itself of lower cost bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the “Bonds") to provide at least a portion of its funding commitments under this Agreement to GRANTEE.
GRANTEE shall ensure that the expenditure of the Funds disbursed to GRANTEE does not jeopardize the tax-exemption of the interest, as specified in the Bond Requirements attached as Attachment F to this Agreement. GRANTEE agrees to provide LACMTA with progress reports, expenditure documentation, and any other documentation as reasonably requested 5 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 5 Measure M Funding Agreement – MSP
by LACMTA and necessary for LACMTA to fulfill its responsibilities as the grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as may be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such Bonds’ tax status.
11. GRANTEE shall comply with the “Special Grant Conditions” attached as Attachment G, if any.
12. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work (except as provided herein), (iv) Final milestone date or (v) Special Grant Conditions, shall be allowed without a written amendment to this FA, approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE. Modifications that do not materially affect the terms of this FA, such as redistributing Funds among existing budget line items or non- material schedule changes must be formally requested by GRANTEE and approved by LACMTA in writing. Non-material changes are those changes which do not affect the grant amount or its schedule, Project Funding, or the Scope of Work, including the Work schedule.
13. LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Lucy Delgadillo
LACMTA Project Manager
Mail Stop: 99-18-02
Phone: (213) 922-7099
Email: [email protected]
14. GRANTEE's Address:
City of Bellflower
16600 Civic Center Drive
Attention: Len Gorecki
Director of Public Works
Phone: (562) 804 – 1424 ext. 2259
Email: [email protected]
6 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 6 Measure M Funding Agreement – MSP
PART II
GENERAL TERMS OF THE FA
1. TERM
The term of this FA shall commence on the Effective Date of this FA, and shall terminate upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting and Expenditure Guidelines (Attachment D), incurred after the FA Effective Date shall be reimbursed in accordance with the terms and conditions of this FA unless otherwise agreed to by the parties in writing.
2. SUSPENSION OR TERMINATION
Should LACMTA determine there are insufficient Measure M Funds available for the Project, LACMTA may suspend or terminate this FA by giving written notice to GRANTEE at least thirty (30) days in advance of the effective date of such suspension or termination. If a Project is suspended or terminated pursuant to this section, LACMTA will not reimburse GRANTEE any costs incurred after that suspension or termination date, except those costs necessary to: (i) return any facilities modified by the Project construction to a safe and operable state; and (ii) suspend or terminate the construction contractor’s control over the Project. LACMTA’s share of these costs will be consistent with the established funding percentages outlined in this FA.
3. INVOICE BY GRANTEE
Unless otherwise stated in this FA, the Quarterly Progress/Expenditure Report, with supporting documentation of expenses, Project progress and other documents as required, which has been pre-approved by LACMTA, all as described in Part II, Section 6.1 of this FA, shall satisfy LACMTA invoicing requirements. Grantee shall only submit for payment the LACMTA pre-approved Quarterly Progress/Expenditure Report Packets to the LACMTA Project Manager at the email address shown in Part I and to LACMTA Accounts Payable Department as shown below.
Submit invoice with supporting documentation to:
[email protected] (preferable)
or
mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the following information:
Re: LACMTA Project ID# MM5509.08 and FA# 9200000000M550908 Lucy Delgadillo; Mail Stop 99-18-02
7 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 7 Measure M Funding Agreement – MSP
4. USE OF FUNDS
4.1 GRANTEE shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines, the specifications for use for the transportation purposes described in the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures.
4.2 Attachment C shall constitute the agreed upon Scope of Work between LACMTA and GRANTEE for the Project. The Funds, as granted under this FA, can only be used towards the completion of the Scope of Work detailed in Attachment C.
4.3 GRANTEE shall not use the Funds to substitute for any other funds or projects not specified in this FA. Further, GRANTEE shall not use the Funds for any expenses or activities above and beyond the approved Scope of Work (Attachment C) without an amendment to the FA approved and signed by the LACMTA Chief Executive Officer or his Designee. To the extent LACMTA provides GRANTEE with bond or commercial paper proceeds, such Funds may not be used to reimburse for any costs that jeopardize the tax exempt nature of such financings as reasonably determined by LACMTA and its bond counsel.
4.4 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE’s contracting procedures and consistent with State law as appropriate. GRANTEE will also use the Funds in the most cost-effective manner when the Funds are used to pay “in-house” staff time. This effective use of funds provision will be verified by LACMTA through on- going Project monitoring and through any LACMTA interim and final audits.
4.5 GRANTEE’S employee, officers, councilmembers, board member, agents, or consultants (a “GRANTEE Party”) are prohibited from participating in the selection, award, or administration of a third-party contract or sub-agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (b) any member of a GRANTEE Party’s immediate family, (c) a partner of a GRANTEE Party; (d) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.
4.6 If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Funds, ceases to be used for the proper use as originally stated in the Scope of Work, or the Project is discontinued, any Funds expended for that purpose must be returned to LACMTA as follows: GRANTEE shall be required to repay the Funds in proportion to the useful life remaining and in an equal proportion of the grant to GRANTEE Funding Commitment ratio.
4.7 If the Project requires the implementation of an Intelligent Transportation Systems (“ITS”) project, GRANTEE shall ensure the Project is consistent with 8 FTIP #: LA9919184
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Rev: 10.26.2022 8 Measure M Funding Agreement – MSP
the Regional ITS Architecture. Attachment G, the Los Angeles County Regional ITS Architecture (CONNECT-IT) Consistency Self-Certification Form, must be completed and signed for planned ITS projects and/or ITS projects that use local, state, or federal funds programmed or administered through LACMTA. Refer to www.laconnect-it.com to find information about the CONNECT-IT Service Packages.
4.8 If any parking facilities are designed and/or constructed using the Funds, GRANTEE shall coordinate with LACMTA parking program staff (see www.metro.net for staff listing) in the planning, design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy.
For the parking policy, see
http://media.metro.net/projects_studies/call_projects/images/09%20Appendix%20D%20Pa rking%20Policy.pdf
5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted in support of the Quarterly Progress/Expenditure Reports. LACMTA will make all disbursements electronically unless an exception is requested in writing. Reimbursements via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must register in LACMTA’s iSupplier portal and submit an application before grant payments can be made.
The link to the portal can be found at http://media.metro.net/uploads/EBB/Vendor Portal Registration.pdf. GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Reports. GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds with each quarter’s payment.
6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS
6.1 GRANTEE shall submit the draft of Quarterly Progress/Expenditure Report (Attachment D-2) within sixty (60) days after the close of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre-approval of the applicable report. LACMTA Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Report within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/Expenditure Report no later than five (5) days after receipt of LACMTA’s written approval. Should GRANTEE fail to submit either the draft or pre-approved reports within five (5) days of the due date and/or submit incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, and approved. The Quarterly Progress/Expenditure Reports shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a clear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Quarterly Progress/Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation. Expenses that are not invoiced to LACMTA Accounts Payable 9 FTIP #: LA9919184
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within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement.
6.2 GRANTEE shall submit the Project expenditure estimates for the subsequent fiscal year by February of each year. LACMTA will use the estimates to determine the Project budget for the upcoming fiscal year.
6.3 LACMTA, and/or its designee, shall have the right to conduct audits of the Project as deemed appropriate, such as financial and compliance audits, interim audits, pre- award audits, performance audits and final audits. LACMTA will commence a final audit within six months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the FA period under review).
GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. The allowability of costs for GRANTEE’s own expenditures submitted to LACMTA for this Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87. The allowability of costs for GRANTEE’s contractors, consultants and suppliers expenditures submitted to LACMTA through GRANTEE’s Quarterly Progress/Expenditures shall be in compliance with OMB Circular A-87 or Federal Acquisition Regulation (FAR) Subpart 31 and 2 CFR Subtitle A, Chapter II, Part 225 (whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE agrees to return the monies within thirty (30) days after the final audit is sent to GRANTEE.
6.4 GRANTEE’s records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as “records”). Such records shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project.
These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA’s final audit is completed.
6.5 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 6, paragraphs 6.3 and 6.4 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. 10 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 10 Measure M Funding Agreement – MSP
6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all GRANTEE’s records and its contractors related to the Project, and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable.
6.7 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction, at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this FA.
6.8 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
6.9 GRANTEE shall be responsible for ensuring all contractors/ subcontractors for the Project comply with the terms of the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures. GRANTEE shall cooperate with LACMTA Management Audit Services Department such that LACMTA can meet its obligations under the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures.
6.10 GRANTEE shall certify each invoice by reviewing all subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.
6.11 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.
6.12 In addition to LACMTA’s other remedies as provided in this FA, LACMTA may withhold the Funds if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of compliance with other terms and conditions as defined by this FA, including the access to records provisions of Part II, Section 6.
7. GRANT
This is a one-time only grant of the Measure M Funds subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA.
8. SOURCES AND DISPOSITION OF FUNDS
11 FTIP #: LA9919184
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Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 11 Measure M Funding Agreement – MSP
8.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available as anticipated from Measure M Program revenues, LACMTA will have the right to adjust the cash flow accordingly until such funds become available. LACMTA shall have no obligation to provide any other funds for the Project, unless otherwise agreed to in writing by LACMTA.
8.2 GRANTEE shall fully fund and contribute the GRANTEE Funding Commitment, if any is identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project.
8.3 GRANTEE shall be responsible for any and all cost overruns for the Project pursuant to Section 8.2.
8.4 GRANTEE shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this FA subject to the terms and conditions contained herein.
Any Funds expended by GRANTEE prior to the Effective Date of this FA shall not be reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement, without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE’s own risk, or as delineated in a Letter of No Prejudice executed by the prospective GRANTEE and LACMTA.
8.5 If GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding and the Expenditure Plan at the time this grant was awarded, this FA shall be amended to reflect such additional funding. If, at the time of final invoice or voucher, funding for the Project (including the Funds, GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this FA as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion, including, without limitation, programming the unused Funds to another project or to another grantee within the subregion in accordance with the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures. If, at the time of final voucher, it is determined that GRANTEE has received Funds in excess of what GRANTEE should have received for the Project, GRANTEE shall return such overage to LACMTA within 30 days from final voucher.
9. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS
9.1 GRANTEE must demonstrate timely use of the Funds by:
(i) Executing this FA within ninety (90) days of receiving formal transmittal of the FA from LACMTA, or by December 31 of the 12 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 10.26.2022 12 Measure M Funding Agreement – MSP
first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) Beginning Project Design, Preliminary Engineering-(PE) within six (6) months from completion of environmental clearance, if appropriate.
(iii) Expending Right-of-Way costs (including by deposit into a condemnation action) by the end of the second (2nd) fiscal year following the year the Funds were first programmed; and (iv) Executing Contracts for Construction or Capital purchase within twelve (12) months from the date of completion of design; and (v) Delivering Work in accordance with schedule; changes to the schedule will require an Amendment to Attachment C to reflect updated milestone dates. Meeting the Project milestone due dates as agreed upon by the LACMTA and GRANTEE in
Attachment C of this FA; and
(vi) Submitting the Quarterly Progress/Expenditure Reports as described in Part II, Section 6.1 of this FA; and
(vii) Expending the Funds granted under this FA for allowable costs within three years or 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this FA. All Funds programmed for FY 2022-23 are subject to lapse by June 30, 2025. All Funds programmed for FY 2023-24 are subject to lapse by June 30, 2026.
9.2 In the event that the timely use of the Funds is not demonstrated as described in Part II, Section 9.1 of this FA, the Project will be reevaluated by LACMTA as part of its Annual Update process and the Funds may be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Ordinance, the Guidelines and the Multi- Year Subregional Programs Administrative Procedures. In the event that all the Funds are reprogrammed, this FA shall automatically terminate.
10. DEFAULT
A Default under this FA is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein; and/or (ii) GRANTEE fails to perform satisfactorily or make material changes, as determined by LACMTA at its sole discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without LACMTA’s prior written consent or approval as provided herein.
11. REMEDIES
11.1 In the event of a Default by GRANTEE, LACMTA shall provide written notice of such Default to GRANTEE with a 30-day period to cure the Default. In the event GRANTEE fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further 13 FTIP #: LA9919184
Subregion ID: Gateway Cities
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FA# 9200000000M550908
Rev: 10.26.2022 13 Measure M Funding Agreement – MSP
disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity.
11.2 Effective upon receipt of written notice of termination from LACMTA, GRANTEE shall not undertake any new work or obligation with respect to this FA unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of GRANTEE.
11.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.
12. COMMUNICATIONS
12.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA’s contribution to the Project as more particularly set forth in “Funding Recipient Communications Guidelines” available online at http://metro.net/partners-civic . The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.
12.2 For purposes of this Agreement, “Communications Materials” include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of “Communications Materials” is found in the Funding Recipient Communications Guidelines.
12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.
12.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.
12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE’s compliance with the terms and conditions of this Section. GRANTEE’s failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.
14 FTIP #: LA9919184
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Rev: 10.26.2022 14 Measure M Funding Agreement – MSP
13. OTHER TERMS AND CONDITIONS
13.1 This FA, along with its Attachments, constitutes the entire understanding between the parties, with respect to the subject matter herein. The FA shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original FA or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this Agreement as though fully set forth herein.
13.2 GRANTEE is obligated to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right- of-way, the Project facilities constructed or reconstructed on the Project site, and/or Project property purchased, excluding construction easements and excess property (whose proportionate proceeds shall be distributed in an equal proportion of the grant to GRANTEE Funding Commitment ratio), shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this FA. Equipment acquired as part of the Project, including office equipment, vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements.
13.3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this FA, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees.
13.4 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by GRANTEE under or in connection with any work performed by and or service provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under this FA. GRANTEE shall fully indemnify, defend and hold LACMTA and its subsidiaries, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including without limitation: (i) use of the Funds by GRANTEE, or its officers, agents, employees, contractors or subcontractors; (ii) breach of GRANTEE’s obligations under this FA; or (iii) any act or omission of GRANTEE, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this FA.
13.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto 15 FTIP #: LA9919184
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Rev: 10.26.2022 15 Measure M Funding Agreement – MSP
shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this FA.
13.6 GRANTEE shall comply with and ensure that work performed under this FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto.
13.7 GRANTEE agrees that the applicable requirements of this FA shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this FA and LACMTA shall have the right to review and audit such contracts.
13.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee. Any assignment by GRANTEE without said prior consent by LACMTA shall be void and unenforceable.
13.9 This FA shall be governed by California law. If any provision of this FA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
13.10 The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.
13.11 GRANTEE will advise LACMTA prior to any key Project staffing changes. Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address or contact person.
13.12 GRANTEE, in the performance of the work described in this FA, is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
16 SOURCES OF FUNDS Prior Years FY2021-22 FY2022-23 FY2023-24 FY2024-25 FY2025-26 Total Budget
% of Budget
LACMTA PROGRAMMED FUNDING $100,000 $750,000
MEASURE M MSP FUNDS $100,000 $750,000 850,000$
SUM PROG LACMTA FUNDS -$ -$ $100,000 750,000$ -$ -$ 850,000$ 100% OTHER NON LACMTA FUNDING:
LOCAL:-$ 0%
STATE:-$ 0%
FEDERAL:-$ 0%
PRIVATE OR OTHER:-$ 0% SUM NON-LACMTA FUNDS -$ -$ -$ -$ -$ -$ -$ 0 TOTAL PROJECT FUNDS -$ -$ 100,000$ 750,000$ -$ -$ 850,000$ 100%
ATTACHMENT A -PROJECT FUNDING
Measure M MSP - I-605 Corridor "Hot Spot" Interchange Improvements Multi-Modal Program - Funding Agreement Projects - FA#: 9200000000M550908
Project Title: Foster Road Traffic Signal Upgrades Project ID#: MM5509.08
PROGRAMMED BUDGET - SOURCES OF FUNDS
03.01.19 Measure M Funding Agreement - MSP
Attachment A - Project Funding
17 SOURCES OF FUNDS FY 2021-22
Qtr 1
FY 2021-22
Qtr 2
FY 2021-22
Qtr 3
FY 2021-22
Qtr 4
FY 2022-23
Qtr 1
FY 2022-23
Qtr 2
FY 2022-23
Qtr 3
FY 2022-23
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE M MSP FUNDS:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $50,000 $50,000 $100,000
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total Measure M $0 $0 $0 $0 $0 $0 $50,000 $50,000 $100,000 SUM PROG LACMTA FUNDS:$0 $0 $0 $0 $0 $0 $50,000 $50,000 $100,000 SUM NON-LACMTA FUNDS :$0 $0 $0 $0 $0 $0 $0 $0 $0
PROJECT FUNDING
FY2021-22 and FY2022-23 $0 $0 $0 $0 $0 $0 $50,000 $50,000 $100,000 SOURCES OF FUNDS FY 2023-24
Qtr 1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE M MSP FUNDS:
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $25,000 $25,000
Right-of-Way Acquisition $0
Construction $225,000 $500,000 $725,000
Vehicle Purchase $0
Others $0
Total Measure M $25,000 $0 $225,000 $500,000 $0 $0 $0 $0 $750,000 SUM PROG LACMTA FUNDS:$25,000 $0 $225,000 $500,000 $0 $0 $0 $0 $750,000 SUM NON-LACMTA FUNDS :$0 $0 $0 $0 $0 $0 $0 $0 $0PROJECT FUNDINGPROJECT FUNDING FY2023-24 and FY2024-25 $25,000 $0 $225,000 $500,000 $0 $0 $0 $0 $750,000 TOTAL LACMTA FUNDS $25,000 $0 $225,000 $500,000 $0 $0 $50,000 $50,000 $850,000 TOTAL NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $25,000 $0 $225,000 $500,000 $0 $0 $50,000 $50,000 $850,000
ATTACHMENT B - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M MSP - I-605 Corridor "Hot Spot" Program - Funding Agreement Projects - FA#: 9200000000M550908 Project Title: Foster Road Traffic Signal Upgrades Project ID#: MM5509.08
PROGRAMMED SOURCES OF FUNDS
09.10.19 1 of 1
Measure M Funding Agreement - MSP
Attachment B - Expenditure Plan
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03.01.19 1 Measure M Funding Agreement – MSP
Attachment C – Scope of Work
ATTACHMENT C
SCOPE OF WORK
CAPITAL PROJECT
PROJECT NAME:
Foster Road Traffic Signal Upgrades
PROJECT LOCATION/LIMITS/AREA:
The project is located on Foster Road, which is jointly-owned and maintained by the cities of Bellflower and Downey on Foster Road, where southern city limit of Downey is located on the north side and the northern city limit of Bellflower is on the south side. The project limits would be Lakewood Blvd. to the west and Woodruff Ave. to the east.
PROJECT DESCRIPTION INCLUDING MULTI-YEAR SUBREGIONAL PROGRAM AND PROJECT NEXUS:
The cities of Bellflower and Downey jointly submit this project for consideration as Foster Road borders both jurisdictions and the maintenance operations are jointly shared. The project will include the modification of existing traffic signals to incorporate protected left turn arrows for east and westbound vehicle traffic traveling on Foster Road at the intersections of Clark Avenue and Bellflower Boulevard. Additionally, the project will also provide for the design and installation of a new traffic signal at the intersection of Foster Road and Ardis Avenue/Charlemagne Avenue which meets warrant analysis. The installation of traffic controls at this intersection will significantly increase overall safety for pedestrians, bicyclists and vehicles at the location and improve operations.
Separate from the funds requested through this grant application, the cities have been working together on a separate project to re-configure the existing striping on Foster Road. This reconfiguration will eliminate one lane of traffic in each direction thereby creating a two-way left-turn painted median to enhance safety for left-turn movements as vehicles would no longer need to stop in the east and westbound No.1 lanes in order to complete a left turn. It will also create new bike lanes on Foster Road from Lakewood Boulevard to the San Gabriel River. The bike lanes would complete the final phase of the valuable regional bike route by directly connecting two regional bike paths on the L.A. and San Gabriel Rivers.
PROJECT FUNDING:
PHASE
LACMTA –
MEASURE M FUNDS
LOCAL AGENCY
(IF ANY) TOTAL
Design and PS&E $100,000 $100,000
Construction $650,000 $650,000
Construction Engineering $100,000 $100,000
TOTAL BUDGET COST $850,000 $850,000
19 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project#: MM5509.08
Funding Agreement#: 9200000000M550908
03.01.19 2 Measure M Funding Agreement – MSP
Attachment C – Scope of Work
ESTIMATED PROJECT COSTS:
ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Traffic Equipment – Left Turn Signals 6 LS $100,000 $600,000 Traffic Equipment – New Signal 1 LS $250,000 $250,000
GRAND TOTAL $850,000
20 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project#: MM5509.08
Funding Agreement#: 9200000000M550908
03.01.19 3 Measure M Funding Agreement – MSP
Attachment C – Scope of Work
PROJECT DETAILED SCHEDULE:
Milestones Begin End Duration
(months)
Design and PS&E 3/2023 9/2023 6
Construction 1/2024 12/2024 12
PROJECT MAP:
21 12.06.19 Measure M Funding Agreement – MSP
Attachment D – Reporting Guidelines
1 FA ATTACHMENT D
PROJECT REPORTING & EXPENDITURE GUIDELINES
REPORTING PROCEDURES
• Quarterly Progress/Expenditure Report (Attachment D2) are required for all projects.
The GRANTEE shall be subject to and comply with all applicable requirements of the funding agency regarding project-reporting requirements. In addition, GRANTEE will submit the Quarterly Expenditure Report to the LACMTA, after receiving LACMTA Project Manager’s acceptance of the draft report, at
[email protected] or by mail to Los Angeles Metropolitan Transportation Authority, Accounts Payable, P. O. Box 512296, Los Angeles, California 90051-0296. Please note that letters or other forms of documentation may not be substituted for this form.
• The Quarterly Progress/Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that GRANTEE provides complete and adequate response to all the questions. The expenses listed must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project.
• In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. • GRANTEE is required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter.
• The draft Quarterly Expenditure Report is due to the LACMTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year:
Quarter
Report Due Date
July –September November 30
October - December February 28
January - March May 31
April - June August 31
LACMTA Project Manager shall review and respond in writing to the draft Quarterly Expenditure Report within thirty (30) calendar days from receipt.
Upon completion of the Project a final report that includes project’s final evaluation must be submitted.
22 12.06.19 Measure M Funding Agreement – MSP
Attachment D – Reporting Guidelines
2 EXPENDITURE GUIDELINES
• Any activity or expense charged above and beyond the approved Scope of Work (FA Attachment C) is considered ineligible and will not be reimbursed by the LACMTA unless prior written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee.
• Any expense charged to the grant must be clearly and directly related to the project. • Administrative cost is the ongoing expense incurred by the GRANTEE for the duration of the project and for the direct benefit of the project as specified in the Scope of Work (Attachment C). Examples of administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must be reasonable and appropriate to the activities related to the project. • LACMTA is not responsible for, and will not reimburse any costs incurred by the GRANTEE prior to the Effective Date of the FA, unless written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee.
DEFINITIONS
• Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification.
• Excessive Cost: Any expense deemed “excessive” by LACMTA staff would be adjusted to reflect a “reasonable and customary” level. For detail definition of “reasonable cost”, please refer to the Federal Register OMB Circulars A-87 Cost Principals for State and Local Governments; and A-122 Cost Principals for Nonprofit Organizations. • Ineligible Expenditures: Any activity or expense charged above and beyond the approved Scope of Work is considered ineligible.
23 Invoice #
QUARTERLY PROGRESS/EXPENDITURE REPORT Invoice Date
FA#9200000000M550908
Quarterly Report #
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
[email protected]
or submit by mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, California 90051-0296
Please note that letters or other forms
of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information.
Grantee To Complete
LACMTA FA MEASURE M ATTACHMENT D-2
SECTION 1: QUARTERLY EXPENSE REPORT
Total Project Budget $850,000
Project-to-Date Expenditure
Funds Expended to Date (Include
this Quarter)
Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section.
Retention Amount
This Quarter Expenditure
Project Quarter Expenditure
Net Invoice Amount (Less
Retention)
LACMTA Measure M MSP Grant $
Balance Remaining
% of Project Budget Expended to
Date
12.06.19 1
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report 24
PROJECT TITLE:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year :2018-19 2019-20 2020-21
2021-22 2022-23 2023-24
Quarter :Q1: Jul - Sep Q2: Oct - Dec
Q3: Jan - Mar Q4: Apr - Jun
DATE SUBMITTED:
Measure M Multi-Year Subregional Program Type:I-605 Corridor "Hot Spots" Interchange Improvements Program Phone Number:
E-mail:
E-mail:
Lucy Delgadillo
9200000000M550908
Foster Road Traffic Signal Upgrades
SECTION 2: GENERAL INFORMATION
Contact Name:
(213) 922 - 7099
Job Title:
Name:
FA #:
LACMTA Project Manager
Grantee Contact / Project
Manager
Phone Number:
Mailing Address:
City / Agency:
Department:
12.06.19 2
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report 25
Start Date End Date
Ground Breaking Event
On schedule per original FA schedule Less than 12 months behind original schedule Between 12-24 months behind original schedule More than 24 months behind original schedule Yes No Not Applicable
Yes No Not Applicable
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :
B. Was the project design started within 6 months of the date originally stated in the FA? C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications?
2. PROJECT COMPLETION
Total Project Duration (Months)
Ribbon Cutting Event
Right-of-Way Acquisition
Start Date
Construction
Design
FA Milestones
SECTION 3 : QUARTERLY PROGRESS REPORT
Actual Schedule
End Date
1. DELIVERABLES & MILESTONES
Original FA Schedule in Scope of Work
List all deliverables and milestones as stated in the FA,with start and end dates.Calculate the total project duration.DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2 ND AND 3 RD COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work,since this will provide the basis for calculating any project delay.If milestone start and/or end dates change from those stated in the Original FA Scope of Work,indicate the new dates under Actual Schedule below and re- calculate the project duration.However,this does not change the original milestones in your FA.PER YOUR FA AGREEMENT,ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE.
Environmental
Others
Vehicle Purchase
12.06.19 3
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report 26
3. TASKS / MILESTONES ACCOMPLISHED
If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.
4. PROJECT DELAY
If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter".
5. ACTION ITEMS TO RESOLVE DELAY
List tasks or milestones accomplished and progress made this quarter.
12.06.19 4
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report 27
1 2
3 4
5 6
7 8
9 10
11 12
13 Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.
ACH Request Forms can be found at www.metro.net/callforprojects .
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.
Signature Date
Name Title
stated in this report is true and correct.
All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above).
Note:
and that to the best of my knowledge and belief the information I certify that I am the responsible Project Manager or fiscal officer and representative of
TOTAL EXPENSES CHARGED TO LACMTA MEASURE M GRANT
SECTION 4. ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER INVOICE #
All expenses and charges must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation.
The total amounts shown here must be equal to this quarter’s expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.
ITEM
TOTAL
12.06.19 5
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report 28
FTIP #: LA9919184
Subregion ID: Gateway Cities
Project ID#: MM5509.08
FA# 9200000000M550908
Rev: 06.28.2022 Measure M Funding Agreement
Attachment E - FTIP
ATTACHMENT E
ATTACHMENT E - FTIP PROJECT SHEET
29 FTIP #: LA9919184
Subregion ID: Gateway Cities
Project#: MM5509.08
FA# 9200000000MM550908
03.01.19 Measure M FA - MSP
Attachment F Bond Requirements
1 ATTACHMENT F
BOND REQUIREMENTS
The provisions of this Attachment F apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the "Bonds").
GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes. GRANTEE further acknowledges its understanding that the proceeds of the Bonds are subject to certain ongoing limitations relating to the use of the assets financed or provided with such proceeds ("Project Costs" or "Project Components") in the trade or business of any person or entity other than a governmental organization (any such use by a person or entity other than a governmental organization is referred to as "Private Use"). Private Use will include any sale, lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person will operate or manage a Project Component. Each quarterly invoice submitted by GRANTEE to reimburse prior expenditures (or to be received as an advance) shall provide information regarding the specific Project Costs or Project Components to which the Funds which pay that invoice will be allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components.
GRANTEE will, for the entire time over which LACMTA's Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval prior to entering into any arrangement which will or might result in Private Use and (2) maintain records, including obtaining records from contractors and subcontractors as necessary, of all allocations of Funds to Project Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar code provision then in effect and applicable, as determined by LACMTA in consultation with its bond counsel.
GRANTEE will designate one or more persons that will be responsible for compliance with the obligations described in this Attachment F and notify LACMTA of such designations. 30