Cities Index.
Agenda packet

Bellflower City Council
August 12, 2024

Document
Agenda packet
Meeting
August 12, 2024
Body
Bellflower City Council
Pages
67
Original file
1.8 MB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

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Docusign Envelope ID:5926D3A6-FB52-4121-BE32-0FC37873A288 AGREEMENT FILE NO. 1054

LEASE AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND

ISABELLA JUAREZ DBA THRIFT N THINGS

FOR USE OF CITY'S PROPERTY LOCATED AT
16552 BELLFLOWER BLVD. UNIT C, BELLFLOWER CA 90706
THIS LEASE is entered into this 1st day of August 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city ("CITY") and Isabella Juarez, owner and operator of Thrift N Things LESSEE").

1. RECITALS. This Lease is made with reference to the following facts and objectives:

A. CITY is the owner of commercial real property identified. CITY desires to lease the real property to LESSEE as part of the CITY's kiosk promotion.

B. LESSEE is a corporation that desires to lease the commercial real property from CITY pursuant to the terms and conditions outlined in this lease.

2. LEASE; DESCRIPTION OF PROPERTY. CITY leases to LESSEE to use, on the terms and conditions of this Lease, portions of real property identified as 16552 Bellflower Blvd., Kiosk C ("Property"), which is incorporated by reference.

3. RENT. LESSEE agrees to pay to CITY as rental for the Property the sum of one hundred fifty dollars ($150.00) each month, payable in advance on the first day of each month during the term.

A. For the first month of the term of this Lease, and for each of the five months that follow, LESSEE must pay the CITY the full amount of rent as described above.

B. Commencing on the seventh month of the term of this Lease, and for each of the five months that follow, LESSEE need not pay any rent to the CITY.

C. Commencing on the thirteenth month of the term of this Lease (i.e., the first month of the second year of the term of the Lease), and for each month that follows until the Lease is terminated, LESSEE must pay the CITY the full amount of rent as described above.

4. TERM. The initial term of this Lease is for two (2) years, commencing on August 1, 2024 ("Initial Lease Term"). Provided that LESSEE is not in default in the performance of this Lease, upon the expiration of the Initial Lease Term, the term will continue as a month-to-month tenancy. The LESSEE may only terminate their Lease on the last day of any month and the CITY must receive a written notification of non-renewal at least 30 days prior to the last day of that month. If the LESSEE plans to leave on or after the first day of any month, they are responsible for that month's full rent.

Page 2 of 14 ends

Docuelm Envelope ID: mowmm-eeaz—oma'rwwse
AGREEMENT FILE NO. 1054

LEASE AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND

ISABELLA JUAREZ DBA THRIFT N THINGS
FOR USE OF CITY’S PROPERTY LOCATED AT
1652 BELLFLOWER BLVD. UNIT C, BELLFLOWER CA 90706
THIS LEASE is entered into this 1“ day of August 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and Isabella Juarez, owner and operator of Thrift N Things (“LESSEE”).

1. RECITALS. This Lease Is made with reference to the following facts and objectives:

A. CITY is the owner of commercial real property identified. CITY desires to lease the real property to LESSEE as part of the ClTY's kiosk promotion.

B. LESSEE is a corporation that desires to lease the commercial real property from CITY pursuant to the terms and conditions outlined in this lease.

2. LEASE; DESCRIPTION OF PROPERTY. CITY leases to LESSEE to use. on the terms and conditions of this Lease, portions of real property identified as 16552 Bellflower Blvd., Kiosk C (“Property"), which is incorporated by reference.

3. RENT. LESSEE agrees to pay to CITY as rental for the Property the sum of one hundred fifty dollars ($150.00) each month, payable in advance on the first day of each month during the term.

A. For the first month of the term of this Lease, and for each of the five months that follow, LESSEE must pay the CITY the full amount of rent as described above.

B. Commencing on the seventh month of the term of this Lease. and for each of the five months that follow, LESSEE need not pay any rent to the CITY.

C. Commencing on the thirteenth month of the term of this Lease (i.e.. the first month of the second year of the term of the Lease), and for each month that follows until the Lease is terminated, LESSEE must pay the CITY the full amount of rent as described above.

4. TERM. The initial term of this Lease is for two (2) years. commencing on August 1, 2024 (“Initial Lease Term”). Provided that LESSEE is not in default in the performance of this Lease, upon the expiration of the Initial Lease Term, the term will continue as a month-to-month tenancy. The LESSEE may only terminate their Lease on the last day of any month and the CITY must receive a written notification of non-renewal at least 30 days prior to the last day of that month. If the LESSEE plans to leave on or after the first day of any month, they are responsible for that month's full rent.

Dounlgn Em ID: WW4121-BE32—0F037373A288
AGREEMENT FILE NO. 1054

LEASE AGREEMENT

BETWEEN

THE CITY OF BELLFLOWER AND

ISABELLA JUAREZ DBA THRIFT N THINGS

FOR USE OF CITY'S PROPERTY LOCATED AT
16552 BELLFLOWER BLVD. UNIT C, BELLFLOWER CA 90706
THIS LEASE is entered into this 1st day of August 2024, by and between the CITY OF BELLFLOWER. a municipal corporation and general law city (“CITY") and lsabelia Juarez, owner and operator of Thrift N Things (“LESSEE”).

1. RECITALS. This Lease is made with reference to the following facts and objectives:

A. CITY is the owner of commercial real property identified. CITY desires to lease the real property to LESSEE as part of the CiTY’s kiosk promotion.

8. LESSEE is a corporation that desires to lease the commercial real property from CITY pursuant to the terms and conditions outlined in this lease.

2. LEASE; DESCRIPTION OF PROPERTY. CITY leases to LESSEE to use, on the terms and conditions of this Lease, portions of real property identified as 16552 Beilfiower Blvd., Kiosk C (“Property“), which is incorporated by reference.

3. RENT. LESSEE agrees to pay to CITY as rental for the Property the sum of one hundred fifty dollars ($150.00) each month, payable in advance on the first day of each month during the term.

A. For the first month of the term of this Lease, and for each of the five months that follow, LESSEE must pay the CITY the full amount of rent as described above.

8. Commencing on the seventh month of the term of this Lease, and for each of the five months that follow, LESSEE need not pay any rent to the CITY.

C. Commencing on the thirteenth month of the term of this Lease (i.e.. the first month of the second year of the term of the Lease), and for each month that follows until the Lease is terminated, LESSEE must pay the CITY the full amount of rent as described above.

4. TERM. The initial term of this Lease is for two (2) years, commencing on August 1, 2024 (“initial Lease Term"). Provided that LESSEE is not in default in the performance of this Lease, upon the expiration of the initial Lease Term, the term will continue as a month-to-month tenancy. The LESSEE may only terminate their Lease on the last day of any month and the CITY must receive a written notification of non-renewal at least 30 days prior to the last day of that month. If the LESSEE plans to leave on or after the first day of any month, they are responsible for that month's full rent.

Docusign Envelope ID:5926D3A6-FB52-4121-BE32-0FC37B73A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 2 of 8 ends

5. USE OF PROPERTY. Subject to the limitations listed below, LESSEE may use the Property for the commercial selling of men's and women's clothing, shoes and accessories. The Property may not be used for any other purpose.

6. UTILITIES; BELMONT COURT RESTROOM KEYS.

A. LESSEE is responsible directly to the serving entities for all utilities required for its use of the Property. "Utilities" means electricity, gas, telephone services, trash, water, and cable television.

B. LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.

C. Except as stated in subsection B, LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.

D. The LESSEE agrees to pay CITY a deposit of$50 for Belmont Court Restroom keys. This amount is refundable upon termination of the Lease.

7. TRASH AND GARBAGE. LESSEE will provide and pay all costs for the complete and proper disposal and timely removal of all refuse resulting from its operations. LESSEE will provide and use appropriate covered receptacles for all refuse at the Property. Piling boxes, cartons, barrels or other similar items in view of a public area will not be permitted. LESSEE is responsible for the proper disposal of its refuse in such a manner as not to contaminate or restrict sewer lines.

8. MAINTENANCE QUALITY. CITY's designees may, at any reasonable time and without notice, enter the Property to determine if satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to LESSEE which includes the specific nature of the complaint.

Should LESSEE fail to improve and sustain quality maintenance within thirty (30) days of CITY's notice, CITY may enter upon the Property and perform such maintenance. LESSEE will promptly reimburse CITY for the cost of maintenance, plus ten percent (10%) for CITY's administrative overhead.

9. HAZARDOUS 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, or within the Property in violation of any law or regulation. LESSEE agrees that it will not use, generate, store, or dispose of any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees to defend and indemnify CITY, as provided in this Lease, against any and all losses, liabilities, claims, and/or costs arising from any breach by LESSEE of any warranty or agreement contained in this section. As used in this section, hazardous material" means any substance, chemical or waste that is identified as

Page 3 of 14 ends

Domitian Envelope ID: SOZODSAB-FBS2-41 21 -BES2-OFC37B73A2OO City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 2 of 8 ends

5. USE OF PROPERTY. Subject to the limitations listed below, LESSEE may use the Property for the commercial selling of men’s and women's clothing, shoes and accessories. The Property may not be used for any other purpose.

6. UTILITIES; BELMONT COURT RESTROOM KEYS.

A. LESSEE is responsible directly to the serving entities for all utilities required for its use of the Property. “Utilities” means electricity, gas, telephone services, trash, water, and cable television.

B. LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.

C. Except as stated in subsection B, LESSEE agrees to order, obtain. and pay for all utilities and service and installation charges in connection with the development and operation of the Property.

D. The LESSEE agrees to pay CITY a deposit of $50 for Belmont Court Restroom keys. This amount is refundable upon termination of the Lease.

7. TRASH AND GARBAGE. LESSEE will provide and pay all costs for the complete and proper disposal and timely removal of all refuse resulting from its operations. LESSEE will provide and use appropriate covered receptacles for all refuse at the Property. Piling boxes, cartons, barrels or other similar items In view of a public area will not be permitted. LESSEE is responsible for the proper disposal of its refuse in such a manner as not to contaminate or restrict sewer lines.

8. MAINTENANCE QUALITY. CITY’s designees may, at any reasonable time and without notice, enter the Property to determine if satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to LESSEE which includes the specific nature of the complaint.

Should LESSEE fail to improve and sustain quality maintenance within thirty (30) days of CITY's notice, CITY may enter upon the Property and perform such maintenance. LESSEE will promptly reimburse CITY for the cost of maintenance, plus ten percent (10%) for CITY's administrative overhead.

9. HAZARDOUS 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, or within the Property in violation of any law or regulation. LESSEE agrees that it will not use, generate, store, or dispose of any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees to defend and indemnify CITY, as provided in this Lease, against any and all losses, liabilities, claims, and/or costs arising from any breach by LESSEE of any warranty or agreement contained in this section. As used in this section, “hazardous material" means any substance, chemical or waste that is identified as Dccusign Envelope ID: 592803A6—F652-4121-BE32-0F637373A2u City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 2 of 8 ends

5. USE OF PROPERTY. Subject to the limitations listed below, LESSEE may use the Property for the commercial selling of men’s and women's clothing, shoes and accessories. The Property may not be used for any other purpose.

6. UTILITIES; BELMONT COURT RESTROOM KEYS.

A. LESSEE is responsible directly to the sewing entities for all utilities required for its use of the Property. “Utilities' means electricity, gas, telephone services, trash, water, and cable television.

B. LESSEE agrees to order, obtain, and pay for all utilities and service and Installation charges in connection with the development and operation of the Property.

C. Except as stated in subsection B, LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.

D. The LESSEE agrees to pay CITY a deposit of $50 for Belmont Court Restroom keys. This amount is refundable upon termination of the Lease.

7. TRASH AND GARBAGE. LESSEE will provide and pay all costs for the complete and proper disposal and timely removal of all refuse resulting from its operations. LESSEE will provide and use appropriate covered receptacles for all refuse at the Property. Piling boxes, cartons, barrels or other similar items in view of a public area will not be permitted. LESSEE is responsible for the proper disposal of its refuse in such a manner as not to contaminate or restrict sewer lines.

8. MAINTENANCE QUALITY. CiTY’s designees may, at any reasonable time and without notice, enter the Property to determine if satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to LESSEE which includes the specific nature of the complaint.

Should LESSEE fail to improve and sustain quality maintenance within thirty (30) days of CITY’s notice, CITY may enter upon the Property and perform such maintenance. LESSEE will promptly reimburse CITY for the cost of maintenance, plus ten percent (10%) for ClTY’s administrative overhead.

9. HAZARDOUS WASTE. CITY has not, nor, to ClTY'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, or within the Property in violation of any law or regulation. LESSEE agrees that it will not use, generate, store, or dispose of any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees to defend and indemnify CITY, as provided in this Lease, against any and all losses, liabilities, claims, and/or costs arising from any breach by LESSEE of any warranty or agreement contained in this section. As used in this section, ”hazardous material" means any substance, chemical or waste that is identified as

Docusign Envelope ID:5926D3A6-FB52-4121-BE32-0FC37B73A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 3 of 8 ends

hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).

10. POSSESSORY INTEREST TAXES. LESSEE is informed by CITY pursuant to Revenue & Taxation Code § 107.6 that its property interest in the Property may be subject to property taxation if created and that LESSEE may be subject to the payment of property taxes levied on its interest. LESSEE may not deduct such amount from payments to CITY.

11.QUIET ENJOYMENT. CITY agrees that LESSEE, upon making payments to be paid by LESSEE under the terms of this Agreement and upon observing and keeping the agreements and each of the covenants of this Lease will lawfully and quietly hold, occupy, and enjoy the Property during the term of this Lease.

12.CITY'S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein.

13.TERMINATION. This Lease may be terminated as follows:

A. At the expiration of the term;
B. Upon mutual written agreement between the parties;
C. If either party gives thirty (30)days' written notice to the other of its intent to terminate this Lease;
D. Upon the Property being condemned; or
E. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to CITY's reasonable satisfaction.

14.CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this Lease for any reason, LESSEE will vacate the Property and deliver it to CITY in good order and condition, damage by the elements, earthquake, and ordinary wear and tear excepted.

15.SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or otherwise convey all or any part of the Property to any transferee other than LESSEE, then such transfer will be under and subject to this Lease and all of LESSEE's rights hereunder.

16.CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE's improvements.

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W Envelope i0: menus-Feszmzr-eesz-orcarem
City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 3 of 8 ends

hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).

10. POSSESSORY INTEREST TAXES. LESSEE is informed by ClTY pursuant to Revenue & Taxation Code § 107.6 that its property interest in the Property may be subject to property taxation if created and that LESSEE may be subject to the payment of property taxes levied on its interest. LESSEE may not deduct such amount from payments to CITY.

11.0UIET ENJOYMENT. CITY agrees that LESSEE, upon making payments to be paid by LESSEE under the terms of this Agreement and upon observing and keeping the agreements and each of the covenants of this Lease will lawfully and quietly hold, occupy, and enjoy the Property during the term of this Lease.

12.CITY’S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein.

13.TERMINATION. This Lease may be terminated as follows:

A. At the expiration of the term;

8. Upon mutual written agreement between the parties:

C. If either party gives thirty (30) days' written notice to the other of its intent to terminate this Lease;
D. Upon the Property being condemned; or
E. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to ClTY's reasonable satisfaction.

14.CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this Lease for any reason, LESSEE will vacate the Property and deliver it to CITY in good order and condition, damage by the elements, earthquake, and ordinary wear and tear excepted.

15.SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or othewvise convey all or any part of the Property to any transferee other than LESSEE, then such transfer will be under and subject to this Lease and all of LESSEE‘s rights hereunder.

16. CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE’s improvements.

W Envelope ID: WW4121-3532-0FC37B73A288
City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 3 of 8 ends

hazardous, toxic or dangerous in any applicable federal. state or local law or regulation (Including petroleum and asbestos).

10. POSSESSORY INTEREST TAXES. LESSEE is informed by CITY pursuant to Revenue & Taxation Code § 107.6 that its property interest in the Property may be subject to property taxation if created and that LESSEE may be subject to the payment of property taxes levied on Its Interest. LESSEE may not deduct such amount from payments to CITY.

11.0UIET ENJOYMENT. CITY agrees that LESSEE, upon making payments to be paid by LESSEE under the terms of this Agreement and upon observing and keeping the agreements and each of the covenants of this Lease will lawfully and quietly hold, occupy. and enjoy the Property during the term of this Lease.

12.CITY’S LIMITED WARRANTY. CITY warrants that it is under no disability. restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this agreement and perform Its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein.

13.TERMINATION. This Lease may be terminated as follows:

A. At the expiration of the term;
B. Upon mutual written agreement between the parties;
C. If either party gives thirty (30) days' written notice to the other of Its Intent to terminate this Lease;
D. Upon the Property being condemned; or
E. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to CITY’s reasonable satisfaction.

14. CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this Lease for any reason, LESSEE will vacate the Property and deliver It to CITY In good order and condition, damage by the elements, earthquake, and ordinary wear and tear excepted.

15.SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or otherwise convey all or any part of the Property to any transferee other than LESSEE. then such transfer will be under and subject to this Lease and all of LESSEE's rights hereunder.

16.CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE's improvements.

Docusign Envelope ID:5926D3A6-FB52-4121-BE32-0FC37B73A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 4 of 8 ends

17.RELOCATION BENEFITS. LESSEE acknowledges that it was informed that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose. LESSEE further acknowledges that any rights acquired under this Lease arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY. LESSEE acknowledges that at the time of any termination of this Lease, LESSEE will not be a "displaced person" entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.

18.NO PUBLIC PROJECT. All rights given to LESSEE pursuant to this Lease are for LESSEE's use of the public property identified herein. Any trespass, use, or other utilization of private property by LESSEE is done at its own risk; LESSEE is not an agent of CITY and this Lease is not intended, nor should it be construed, to constitute a public project.

19.FORCE MAJEURE. Should performance of this Lease be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then it will immediately terminate without obligation of either party to the other.

20.NO FIXTURES. Improvements and facilities that currently exist or may be constructed during the term of this Lease, will not constitute fixtures attached to the Property. Any such facilities may be removed by LESSEE upon termination of the Lease.

21.ALTERATIONS, MECHANICS' LIENS. Except as provided by this Lease, LESSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent. LESSEE will keep the property free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEE.

22.ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void.

23.HOLDOVER. If LESSEE holds possession of the Property after the initial term, or any option, expires, with CITY's written consent, LESSEE will become a tenant from month-to-month at the fair market rental rate per month. Such tenancy will be subject to all of the terms and conditions of this Lease.

24.INDEMNIFICATION.

A. LESSEE 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 Lease, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not,

Page 5 of 14 ends

Docuslgn Envelope ID: SOZBDSAB-FB52-4121-BE32-OFO3‘IBT3A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 4 of 8 ends

17. RELOCATION BENEFITS. LESSEE acknowledges that it was lnfonned that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose. LESSEE further acknowledges that any rights acquired under this Lease arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY. LESSEE acknowledges that at the time of any termination of this Lease, LESSEE will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.

18. NO PUBLIC PROJECT. All rights given to LESSEE pursuant to this Lease are for LESSEE’s use of the public property identified herein. Any trespass. use, or other utilization of private property by LESSEE is done at its own risk; LESSEE is not an agent of CITY and this Lease is not intended, nor should it be construed. to constitute a public project.

19. FORCE MAJEURE. Should performance of this Lease be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond me Parties' control, then It will immediately terminate without obligation of either party to the other.

20. NO FIXTURES. Improvements and facilities that currently exist or may be constructed during the term of this Lease. will not constitute fixtures attached to the Property. Any such facilities may be removed by LESSEE upon termination of the Lease.

21.ALTERATIONS, MECHANICS’ LIENS. Except as provided by this Lease, LESSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent. LESSEE will keep the property free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEE.

22.ASSIGNMENT AND SUBLE‘ITING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void.

23. HOLDOVER. If LESSEE holds possession of the Property after the initial term, or any option, expires, with CITY's written consent, LESSEE will become a tenant from month-to-month at the fair market rental rate per month. Such tenancy will be subject to all of the terms and conditions of this Lease.

24. INDEMNIFICATION.

A. LESSEE 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 Lease, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, Dounign Eloopo ID: 592603AB-F352-4121-8532‘0F637BT3A288 City of Bellflcwer
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 4 ends

17. RELOCATION BENEFITS. LESSEE acknowledges that it was informed that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose. LESSEE further acknowledges that any rights acquired under this Lease arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY. LESSEE acknowledges that at the time of any termination of this Lease, LESSEE will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.

18. NO PUBLIC PROJECT. All rights given to LESSEE pursuant to this Lease are for LESSEE's use of the public property identified herein. Any trespass, use. or other utilization of private property by LESSEE is done at its own risk; LESSEE is not an agent of CITY and this Lease is not intended, nor should it be construed. to constitute a public project.

19. FORCE MAJEURE. Should performance of this Lease be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements. or other similar causes beyond the Parties' control, then It will immediately terminate without obligation of either party to the other.

20.NO FIXTURES. Improvements and facilities that currently exist or may be constructed during the term of this Lease. will not constitute fixtures attached to the Property. Any such facilities may be removed by LESSEE upon termination of the Lease.

21.ALTERATIONS, MECHANICS’ LIENS. Except as provided by this Lease, LESSEE will not make. or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent. LESSEE will keep the property free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEE.

22.ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order. or through any other means. Any such purported transfer will be null and void.

23. HOLDOVER. If LESSEE holds possession of the Property after the initial term, or any option, expires, with CITY's written consent, LESSEE will become a tenant from month-to-month at me fair market rental rate per month. Such tenancy will be subject to all of the terms and conditions of this Lease.

24. INDEMNIFICATION.

A. LESSEE indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attomey’s fees), injuries. or liability, arising out of this Lease, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, wheflier the same be groundless or not,

Docusign Envelope ID:5926D3A6-FB52-4121-BE32-0FC37B73A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 5 of 8 ends

arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers.

C. LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

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

E. The requirements as to the types and limits of insurance coverage to be maintained by LESSEE as required by Section 25 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LESSEE pursuant to this Lease, including but not limited to the provisions concerning indemnification.

25.INSURANCE. LESSEE must procure and maintain insurance of the type, for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow:

A. LESSEE will provide Commercial General Liability and Broad Form General Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LESSEE's performance in the amount of not less than 1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage.

B. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required in this Lease will be endorsed to name CITY, its officials, volunteers, and employees as additional insureds" under said insurance coverage, to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto, and to state that the policy(ies)will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. LESSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be

Page 6 of 14 ends

Docuoign Envolopo ID: 592603A6-FB524121-BE320FC37B73A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 5 of 8 ends

arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at ClTY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.

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

C. LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

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

E. The requirements as to the types and limits of insurance coverage to be maintained by LESSEE as required by Section 25 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LESSEE pursuant to this Lease, including but not limited to the provisions concerning indemnification.

25. INSURANCE. LESSEE must procure and maintain insurance of the type, for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow:

A. LESSEE will provide Commercial General Liability and Broad Form General Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LESSEE's performance in the amount of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage.

8. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required in this Lease will be endorsed to name CITY, its officials, volunteers, and employees as “additional insureds” under said insurance coverage, to state that such insurance will be deemed “primary" such that any other insurance that may be carried by CITY will be excess thereto, and to state that the policy(ies) will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. LESSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be W Envelope ID: “MW-4121 £532-OFC37373A288
City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 5 of 8 ends

ansing out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against It or any sums paid out in settlement or otherwise.

8. For purposes of this section “CITY” includes CITY's officers, oil'icials, employees, agents, representatives, and volunteers.

C. LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

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

E. The requirements as to the types and limits of insurance coverage to be maintained by LESSEE as required by Section 25 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LESSEE pursuant to this Lease, including but not limited to the provisions concerning indemnification.

25. INSURANCE. LESSEE must procure and maintain insurance of the type. for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow:

A. LESSEE will provide Commercial General Liability and Broad Form General Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LESSEE’s performance in the amount of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage.

B. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required in this Lease will be endorsed to name CITY, its officials, volunteers, and employees as “additional insureds" under said insurance coverage, to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto, and to state that the policy(ies) will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. LESSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be

Docusign Envelope ID:5926D3A6-FB52-4121-BE32-0FC37B73A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 6 of 8 ends

placed with insurers with a current A.M. Best Company Rating equivalent to

a
t
least a Rating of"A:VII."

26.COMPLIANCE WITH LAW. LESSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LESSEE.

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

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

29.NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to LESSEE: If to CITY:

Attention: Isabella Juarez Attention: Annika Miyashiro-Ruiz Thrift N Things City of Bellflower
10631 Ohm Ave. 16600 Civic Center Drive
Norwalk, CA 90650 Bellflower, CA 90706
323) 559-3249 562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

30.ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is

Page 7 of 14 ends

Bouillon Envelope ID: SOZGDSAB-FB52-4121-BE32-0F037373A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 6 of 8 ends

placed with insurers with a current AM. Best Company Rating equivalent to at least a Rating of “AMI."

26. COMPLIANCE WITH LAW. LESSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute inEthe use of the Property will be conclusive of that fact as between CITY and L SSEE.

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

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

29. 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:

W ml :

Attention: Isabella Juarez Attention: Annika Miyashiro-Ruiz Thrift N Things City of Bellflower
10631 Ohm Ave. 16600 Civic Center Drive
Norwalk, CA 90650 Bellflower, CA 90706
(323) 559-3249 (562) 804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

30. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is Docusim Envelope ID: 502803A6-FBS2-4121-BE32-0F637373A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 6 of 8 ends

placed with insurers with a current AM. Best Company Rating equivalent to at least a Rating of “AMI."

26.COMPLIANCE WITH LAW. LESSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute inEthe use of the Property will be conclusive of that fact as between CITY and L SSEE.

27.WAWER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease.

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

29. 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:

W .f_t9_C_lD_| :

Attention: Isabella Juarez Attention: Annika MiyashimRut Thrift N Things City of Bellflower
10631 Ohm Ave. 16600 Civic Center Drive
Nomalk, CA 90650 Bellflower, CA 90706
(323) 559-3249 (562) 804-1424
[email protected] [email protected]
Any such written communiwflons 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.

30. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is

Docusign Envelope ID 5926D3A6-FB52-4121-BE32-0FC37B73A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 7 of 8 ends

delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

31.GOVERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.

32.PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.

33.INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by CITY to LESSEE not expressly set forth in this instrument are void. There are no (0) attachments to this Lease.

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

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

36.COUNTERPARTS. This Lease 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.

SIGNATURE PAGE FOLLOWS]

Page 8 of 14 ends

Docireign Ehwlop. ID: 592303A6-F852-4121-BE32-0FC37373A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 7 of 8 ends

delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

31.60VERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.

32.PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.

33.lNTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by CITY to LESSEE not expressly set forth in this instrument are void. There are no (0) attachments to this Lease.

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

35.AUTHORITYIMODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY.

36.COUNTERPARTS. This Lease 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.
[SIGNATURE PAGE FOLLOWS]
Doernlgn Envelope ID: menus-F3524121-em-0crenazss
City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 7 of 8 ends

delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

31.GOVERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.

32.PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.

33. INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by CITY to LESSEE not expressly set forth in this instrument are void. There are no (0) attachments to this Lease.

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

35.AUTl-IORITYIMODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY.

36. COUNTERPARTS. This Lease 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.
[SIGNATURE PAGE FOLLOWS]

Docusign Envelope ID:592603A6-FB52-4121-BE32-0FC37B73A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 8 of 8 ends

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

CITY OF BELLFLOWER Thrift N Things
Signed by:DocuSigned by:

WA. SWOof Sail) 4. 31AA tAj
64DB90215FE4C5. C8C51289143C4E7.

Ryan Smoot, City Manager Isabella Juarez
Owner, Thrift N Things
ATTEST:

Mayra Oehiqui, City Cler
APPROO/ AS TO FORM:

Karl H. Be , City Attorney

Page 9 of 14 ends

Dowolgn Envelope ID: 592603A8-FB52-4121-BES2-OF037B73A288 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Thlngs

Page 8 of 8 ends

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

CITY OF BELLFLOWER Thrift N Things
mm W":
[wheat “:1e Jun»,
Ryan Smoot. City Manager Isabella Juarez
Owner, Thrift N Things
ATTEST:

Karl H. 7, City Attemey
Doweign Envelope ID: 5928D3A6-F352-4121-BESZ-0F037B73A238 City of Bellflower
Agreement File No. 1054
Isabella Juarez DBA Thrift N Things

Page 8 of 8 ends

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

CITY OF BELLFLOWER Thrift N Things
WM? WW3
[WW isabdb. Juan};
Ryan Smoot, City Manager Isabella Juarez
Owner, Thrift N Things
ATTEST:

Karl H. W, City Attorney

DocuSign
Certificate Of Completion
Envelope Id:5926D3A6FB524121BE320FC37B73A288 Status:Completed Subject:Sign with Docusign:AFN 1054-Thift N Things-Kiosk C.pdf,AFN 1054-Affidavit-CGL Red...

Source Envelope:

Document Pages: 10 Signatures:4 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:

Record Tracking
Status:Original Holder:City Clerk Location:DocuSign
7/26/2024 12:08: 28 PM [email protected]
Signer Events Signature Timestamp
Isabella Juarez Doc"S'yned byi Sent:7/26/2024 12:11:53 PM [email protected] ISA1/014. ALA LA? Viewed:7/26/2024 12:54: 55 PM Owner
L cecszs9ux_=
Signed:7/26/2024 2:04:54 PM
Thrift N Things
Signature Adoption: Pre-selected Style
Security Level:Email,Account Authentication
None) Using IP Address:

Signed using mobile
Electronic Record and Signature Disclosure:

Accepted:7/26/2024 12:54:55 PM
ID:ec7969d1-80db-48bc-ab3b-c069885f0b5d
Ryan Smoot r—Signedby: Sent:7/26/2024 2:04:55 PM
[email protected] 1 Stsleef Viewed:7/26/2024 4:29:01 PM Security Level:Email,Account Authentication —
WDB902 SFEaCS
Signed:7/26/2024 4:29:09 PM
None)
Signature Adoption: Pre-selected Style
Using IP Address:

Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/26/2024 12:11:54 PM
Certified Delivered Security Checked 7/26/2024 4:29:01 PM

Page 10 of 14 ends

Enveiopa Id: 5920D3AOF 73A208 V Stat/a: Compiatcd
Subicct: SignwithDocusignzAFN 1054-ThiitNThinga-I005kc.pdf, AFN 1054-Aiiidavit-CGL Rod...

Source Envelope:

Document Pages: 10 Signaturaa: 4 Envelope Originator:

Cartiflcata Pages: 5 initials: 0 City Clerk
AutoNav: Enabiad 16600 Civic Center Driva
Emaiopald Stamping: Enabiad 10600 Civic Center Drive
Tirna Zena: (WC-00:00) Pacific Tirna (U8 & Cmada) Baitiiower. CA 90706 Mbellflowemru
IP Address: _
Statm: Original Holder. City Clark Location: DocuSign
7/26/2024 12:08:28 PM ccicrkflbaiiflowamm
mum Juarez W51 Sent: 12020241211253 PM
Managua/morn lid/db. Jun»; mun/2012024125455 PM
Omar ”mm" 3w: 1/25/2024 2:04:54 PM
Thril'tN Things _ Signatura Adoption: Pra-aaiactad Styia mm Email. MW W00 [P : — Sigma using mobiia
liactronic Raced and Signatun Diacioaura:

Aceaptad: 7/20/2024 12:54:55 PM
ID: ac7W1-000b-4800—absb-0000805i0b50
Ryan Srnoot ”'“F 8am: 7/26/2024 2:04:55 PM
W.” Swf Viavvad: 1/20/2024 420:01 PM
scam Laval: Ema. Accomt mm ‘M‘“ sigma: 7/20/2024 4291» PM Aoant Dalivary Evants
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Envalopa Sant flashed/Encrypted 7/20/2024 12:11:54 PM
Comm Delivamd Security Checked 7/26/2024 4:29:01 PM
WISIQnMUIDowdgntAFN1054-ThfllNTNnos-KiookdfiAFN1054-Affldlvfl-OGLR06...

Source Envelope:

Document Pages: 10 Sign-Mu: 4
Gunilla!- Pages: 5 m: 0
WV: Enabled
Envuopold Sham: Enabbd
TIImZom: (WC-(B30) Pldflc (US I 0.1.“)
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Sent: 1/20/2024 12:11:53 PM
W: 7/280024 12:54:55 PM
Skid: 7/28I2024 2:04:54 PM
SIM: ”202024 2:04:55 PM
W: ”20/2024 4M1 PM
Shun: ”202024 4:29:09 PM
72012024121154 PM 1. 7/20r2024 4:29:01 PM

Envelope Summary Events Status Timestamps
Signing Complete Security Checked 7/26/2024 4:29:

0 9
PM
Completed Security Checked 7/26/2024 4:29:

0 9
PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

Page 11 of 14 ends

Signing Complete
Completed
3‘1““,w ‘ whit“ ‘S'Vo-‘ya #- , »;l'.,|"t.}v M -
Security Checked
Security Checked
my“
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Electronic Record and Signature Disclosure created on:6/8/2020 10:47: 26 AM Parties agreed to:Isabella Juarez

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 12 of 14 ends

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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately afier 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 fi'om 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
Ifyou 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
Ifyou 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 WMNWWMonzmwmrzom
Parfleswmlsabeluum

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
Ifyou decide to receive notices and disclosures fi'orn 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 fast 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

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 13 of 14 ends

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 electonically, 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.

Ifyou 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:

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 elech‘onically 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.

Ifyou 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 fiom 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:

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.

Page 14 of 14 ends

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: ht_tps://support.docusigg.com/ggides/sigger—ggide- signing-system-rguirements.

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 fixture 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 checkbox next to ‘I agree to use electronic records and signatures’, you confirm that:
0 You can access and read this Electronic Record and Signature Disclosure; and 0 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
0 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.
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: hgps://supmrt.docusiggcom/guides/sigger-ggide- Signing-system-rgguirements.

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 checkbox 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:
0 You can access and read this Electronic Record and Signature Disclosure; and 0 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
0 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.

Page 1 of 2 ends

14-H
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works Sarah Ho, Public Works Manager
SUBJECT:Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to Agreement File No. 281.33, in a form approved by the City Attorney, with Hartzog & Crabill, Inc. (HCI), to amend the fee schedule and increase compensation for City and Traffic Engineer services.

DATE:August 12, 2024

EXECUTIVE SUMMARY
This action would amend Agreement File No. 281.33 with Hartzog & Crabill, Inc. (HCI) to increase the monthly retainer for City and Traffic Engineer services and update the schedule of hourly rates for all services provided.

RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Amendment No. 1 to Agreement File No. 281.33, in a form approved by the City Attorney; and 2) Approve the budget amendment as specified in the Fiscal Impact Section; or 3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
Amendment No. 1 will increase the City and Traffic Engineer retainer fee from $12,740 per month to $18,027 per month for a total annual amount of $216,324 and an increase of $63,500 per year. For Fiscal Year 2024-25, this will increase the budget for Account No. 010-42054-3000 from $330,000 to $393,500.

DISCUSSION
Since 2001, the City has entered into a number of contracts with HCI for a variety of professional services. The most recent contract, approved by the City Council at a meeting on December 12, 2022 includes the monthly retainer for City and Traffic Engineer services; grading plan check services; stormwater compliance consultant services; and on-call civil and traffic engineering, design, surveying, and art concept services.
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Staff Report – Amendment No. 1 to Agreement File No. 281.33 August 12, 2024

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DISCUSSION – Continued
Following the reorganization of the Public Works Department last Fall, which included the elimination of the Assistant City Engineer position, HCI was asked to supplement their contract with a second licensed professional engineer. In response, HCI brought on board Elias Garcia to provide additional engineering support for the City.

Since June 2005, HCI has charged a monthly retainer fee of $12,740 for City and Traffic Engineer services. To fulfill the City’s request for an additional licensed professional engineer, HCI has requested an increase of $5,287 to the monthly retainer fee to cover increases in labor costs for these professional services. If approved, the new monthly retainer fee would be $18,027. All other terms of the agreement will remain in effect.

Though salaries for skilled professionals in engineering and design services have risen over the years, HCI has continued to keep costs down and have not requested any increases. Staff feels that this request is fair given the industry standards and current market rates for professional engineering services. Adjusting HCI’s rates will ensure that they can continue to provide quality services to the City for the remaining term of the agreement.

ATTACHMENT
Amendment No. 1 to Agreement File No. 281.33 ............................................................ 3 -2-

AMENDMENT NO. 1 TO
AGREEMENT FILE NO. 281.33 BETWEEN

THE CITY OF BELLFLOWER AND
HARTZOG & CRABILL, INC.

FOR RETAINER CITY AND TRAFFIC ENGINEER SERVICES; GRADING PLAN CHECK SERVICES; STORMWATER COMPLIANCE CONSULTANT SERVICES;

AND ON-CALL CIVIL AND TRAFFIC ENGINEERING, DESIGN, SURVEYING, AND

ART CONCEPT SERVICES
THIS AMENDMENT No. 1 (“Amendment”) is made and entered into this 24th day of June 2024, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and HARTZOG & CRABILL, INC., a California Corporation (“CONSULTANT”).

SECTION 1. Pursuant to Section 12 (“CHANGES”) of Agreement File No. 281.33 (“Agreement”), Section 1C (“CONSIDERATION”) is amended to read as follows:
“As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $306,324 for CONSULTANT’s retainer city and traffic engineer services, grading plan check services, and stormwater compliance consultant services; and not to exceed sum(s) as set forth in duly executed Task Order(s) for CONSULTANT’s on-call services. CITY will pay this sum(s) on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit “B,” which is incorporated herein”
SECTION 2. Exhibit B (“FEE SCHEDULE”) is replaced with the attached Exhibit B, which is incorporated by reference.

SECTION 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

SECTION 4.ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

SECTION 5. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 281.33 remain the same. [SIGNATURES ON NEXT PAGE]

Page 1 of 2 ends

-3-

City of Bellflower
Agreement File No. 281.33 - Amendment No. 1
HARTZOG & CRABILL, INC.

Page 2 of 4 ends

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

CITY OF BELLFLOWER HARTZOG & CRABILL, INC.
_________________________________________________________ Ryan Smoot, City Manager Gerald J. Stock, Vice President ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger, City Attorney Taxpayer ID No. 33-0575354 ATTACHMENTS:

Exhibit B: Fee Schedule
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City of Bellflower
Agreement File No. 281.33 - Amendment No. 1
HARTZOG & CRABILL, INC.

Page 3 of 4 ends

EXHIBIT B – FEE SCHEDULE
Payment to CONSULTANT for Retainer City and Traffic Engineer Services will be based on a fixed monthly rate. Payment to CONSULTANT for Grading Plan Check services; Stormwater Compliance Consultant Services; and On-Call Civil and Traffic Engineering, Design, Surveying, and Art Concept Services will be in accordance with the hourly rates listed in Exhibit B1.

Maximum payment to CONSULTANT will be as follows:

1. Retainer City and Traffic Engineer Services ($18,027/month)...…...…$216,324/year

2. Grading Plan Check Services (based on hourly rates)………………….$30,000/year

3. Stormwater Compliance Consultant Services (based on hourly rates)..$60,000/year

4. On-Call Civil and Traffic Engineering, Design, Surveying, and Art Concept Services (including Industrial/Commercial Facility Stormwater Inspections), will be based on the respective Task Order amount.
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City of Bellflower
Agreement File No. 281.33 - Amendment No. 1
HARTZOG & CRABILL, INC.

Page 4 of 4 ends

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Hartzog & CrabiII
Consulting Engineers
Schedule of Hourly Rates
(for City of Bellflower)
Classification Hourly Rates
Expert Witness / Deposition ....................................................................................... $295 Litigation Consultation ............................................................................................... $265 Two-Person Survey Crew ........................................................................................... $265 Litigation Field Evaluation ........................................... $240 Principal Consultant ........................................ (Jerry Stock, PE, TE) ....................... 3-1-85 Reduced to $160 Project Manager ..................... ....................................... $180 Registered Land Surveyor ........................................................................................... $170 Senior Engineer ............................................... (Elias Garcia, PE, TE) ....... . .............. $165 Reduced to $160 Storm Water Permit Compliance Engineer ................................................................. $160 Associate Engineer ...................................................................................................... $155 Construction Manager ..... ................ $145
Traffic Signal System Supervisor .............................................. . ................................ $145 Mural Artist ..................................................................................... .................. $145 Senior Designer ............................................................................................................ $140 Traffic Signal Systems Specialist.. ............................................................................... $135 Assistant Engineer ........................................................................................................ $130 Drafisperson .................................................................................................................. $1 10 Technician ..................................................................................................................... $ 95 Word Processor ........................................... .. $ 80 Clerical .......................................................................................................................... $ 65 * Traffic Counts (Cost, plus 15%) ............................................................................ $ * Note: Out of pocket expenses (blueprinting, reproduction, printing and delivery service) will be invoiced at Cost. These other direct costs are included in the not-to-exceed values for the aforementioned scope of services. A 15% fee for administration, coordination and handling will be added to subcontracted services. This Schedule of Hourly Rates is effective as of February 27, 2024. Rates may be adjusted after that date to compensate for increases of inflationary trends. Mileage shall be per current IRS rate. Rate can be found at the following link:
htmszll’ www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for— 2024-mileage-rate- increases-to-67-cents-a-mile-up-l-point-S-cents-from-
2023#:~:text=Beginning%200n%201an.%20 l %2C%202024.ug‘V_020 1 .5%20cents%20from%fl 023.

Page 1 of 2 ends

14-I
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works Sarah Ho, Public Works Manager
SUBJECT: Consideration and possible action to authorize the City Manager to execute the following amendments to agreements in forms approved by the City Attorney: 1) Amendment No. 1 to Agreement File No. 690.4 with Pretty Smart for design architect services for the development of the Bellflower Youth & Senior Center Project; and 2) Amendment No. 3 to Agreement File No. 937 with NCA Studio, Inc. for architect of record services for the development of the Bellflower Youth & Senior Center Project.

DATE:August 12, 2024

EXECUTIVE SUMMARY
This action would authorize the City Manager to execute amendments with both Pretty Smart and NCA Studio, Inc., for their continued design and architectural services during the construction phase of the Bellflower Youth and Senior Center Project.

RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Amendment No. 1 to Agreement File No. 690.4, in a form approved by the City Attorney; and 2) Authorize the City Manager to execute Amendment No. 3 to Agreement File No. 937, in a form approved by the City Attorney; or
3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
The total cost for services provided under each respective agreement will be as follows:
an amount not to exceed $40,480 for Pretty Smart; and an amount not to exceed $210,540 for NCA Studio. Funding for these services is budgeted utilizing Measure A TAP funds in Account No. 070-47604-9000-116 for a total of $199,777 and California Department of Parks and Recreation grant funds in Account No. 030-47604-9000-116 for the remaining $51,243.
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0 Y~ ROWING T0669?”
«I;- Stafteport

Staff Report – Amendments to Agreement File Nos. 690.4 and 937 August 12, 2024

Page 2 of 2 ends

DISCUSSION
In 2022 the City entered into agreements with NCA Studios, Inc. and Pretty Smart for design services for the Bellflower Youth and Senior Center Project, Spec. No 23.24-07.

Now that the design has been completed and the project is close to beginning construction, we need to continue to utilize both vendors for continued design and architect of record services throughout the construction phase of the project for Contract Administration services. This includes participation in meetings and site visits, responses to contractor’s requests for information, reviewing all submittals and shop drawings, payment application review, change order review and providing project punch lists for the completion of the project.

NCA Studios Inc. and Pretty Smart have provided a joint proposal for these services.

Public Works reviewed the revised proposal and found it to be acceptable. Additionally, given both firms’ expertise and previous experience with the design of the building they are the best fit to continue to provide these services. At the request of the consultants, separate agreements were prepared. If the agreements are approved, the Notices to Proceed will be forwarded to each party to initiate the respective work.

ATTACHMENTS
Amendment No. 3 to Agreement File No. 937 with NCA Studio ...................................... 3 Amendment No. 1 to Agreement File No. 690.4 Pretty Smart ....................................... 13 -2-

AMENDMENT NO. 3 TO
AGREEMENT FILE NO. 937 BETWEEN

THE CITY OF BELLFLOWER AND
NCA STUDIO, INC.

FOR ARCHITECT OF RECORD SERVICESFOR THE DEVELOPMENT OF THE

BELLFLOWER YOUTH & SENIOR CETNER PROJECT
THIS AMENDMENT No. 1 (“Amendment”) is made and entered into this 12th day of August, 2024, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and NCA STUDIO, INC., a California corporation (“CONSULTANT”).

SECTION 1. Pursuant to Section 12 (“CHANGES”) of Agreement File No. 690.4 (“Agreement”), amending Section 1C. (“CONSIDERATION”) to read as follows:

As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $203,040 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “B,” which is incorporated by reference.

SECTION 2. Exhibit A (“SCOPE OF SERVICES”) is replaced with the attached Exhibit A, which is incorporated by reference.

SECTION 3. Exhibit A1 (“PROPOSAL”) is replaced with the attached Exhibit A1, which is incorporated by reference.

SECTION 4. Exhibit B (“FEE SCHEDULE”) is replaced with the attached Exhibit B, which is incorporated by reference.

SECTION 5. Pursuant to Section 12 (CHANGES) of Agreement File No. 690.4 (“Agreement”), amending Section 8. TERM. to read as follows:

The term of this Agreement will be from June 27, 2022 to December 31, 2026. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
a. Completion of the work specified in Exhibit “A”;
b. Termination as stated in Section 16.

SECTION 6. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

Page 1 of 10 ends

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City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

Page 2 of 10 ends

SECTION 7.ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission.

Such electronic signature will be treated in all respects as having the same effect as an original signature.

SECTION 8. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 937 remain the same.

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

CITY OF BELLFLOWER NCA STUDIO, INC
_________________________________________________________ Ryan Smoot, City Manager Nicole Cannon, Principal
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger, City Attorney Taxpayer ID No. 82-0713593 Attachments:

Exhibit A – Scope of Services
Exhibit A1 – Proposal
Exhibit B – Fee Schedule
-4-

City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

Page 3 of 10 ends

EXHIBIT A – SCOPE OF SERVICES
CONSULTANT will perform the tasks described in CONSULTANT’s Proposal dated June 26, 2024 attached hereto as Exhibit A1.
-5-

City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

Page 4 of 10 ends

EXHIBIT A1
-6-
> ARCHITECTURE
> INTERIORS
> DESIGN

PRETTY/SMART I NCA STUDIO
Proposal for Architectural Services
Date: June 26, 2024
Attn: Len Gorecki
[email protected]
Asst. City Manager/Director of Public Works
Dear Len,
It has been a pleasure working with you on the Bellflower Oak Center during design, and we are excited about continuing our collaboration during the construction phase. This promises to be a valuable community asset that will serve Bellflower and its residents for generations to come.

Our background in building and construction has taught us that successful projects require a dedicated team, close collaboration, and building expertise. For the contract administration phase, Pretty Smart and NCA Studio will continue as the Design Architect and Architect of Record to provide the best-in-class services for all aspects of this scope. With this arrangement, the two offices have coordinated to work seamlessly and showcase their skills through construction administration and close out. Capitalizing on each office's skill and proficiency, we are maintaining a dependable and committed architectural team throughout. This structure has a sliding scale of involvement leading with Pretty Smart/ Design Architect for the design, and ending with NCA Studio/ Architect of Record in contract documents and construction.

Pretty Smart and NCA Studio have a long history of collaboration that creates synergy and value, benefiting our clients and our projects. The scalable business models of each join their specific strengths together to create a lean and efficient team — one which consistently delivers exceptional design and project management.

DESIGN ARCHITECT AND ARCHITECT OF RECORD DIVISION OF WORK

SCHEMATIC DESIGN CONTRACT CONTRACT DESIGN DEVELOPMENT DOCUMENTS ADMINISTRATTON DESIGN ARCHITECT 75% 50% 20% 15%
95°F WORK PRETTY SMART ; j —
ARCHITECT RECORD 25% 50% 30% 85% % OF WORK
Pretty Smart Inc.

Pretty Smart is a Design Focused studio which prides itself on its holistic design approach and attention to detail. With over two decades of hands—on experience with interior design, architecture, and construction, we have the knowledge to guide our clients through the myriad of decisions in each project. We are deeply committed to creative collaboration and sustainability. Our practice is founded on the belief that design is a process that thrives when trust and transparency guide our relationships with clients and colleagues. Our unique approach will result in a project which will be both modem and enduring. p1 of 6
—
NCA Studio Inc. www.NCAstudio.com Pretty Smart www.pretty— smart.net 323.638.2344 info@NCAs'tudio.com 562.343.2491 hello@pretty—smart.net

City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

Page 5 of 10 ends

-7-
NCA Studio Inc.

NCA Studio is a highly collaborative team of architects and managers who specialize in delivering quality designs and high performing spaces. We offer a pragmatic and creative approach to architecture in three ways:

Aesthetic, Functional, and Financial. To do this, we draw upon our depth of experience as Architects of Record and use a proactive, collaborative approach to all aspects of our work. We believe this combined with our technical expertise in building codes, construction, and local permitting will make this an exceptional project.

Together, the Pretty Smart and NCA Studio team provides:
- Quality Architectural and Project Management Services - A Proactive and Collaborative Approach
- Creative ThreeDimensional Problem Solving
- Over twenty years Building and Design Expertise in architectural documentation, construction oversight and management.

We are pleased to submit the following proposal for your consideration. We have included the following documents that detail our understanding of the work at hand:
- Project Scope and Fee Proposal
- Project Fee Summary
We are pleased to share our architectural expertise, and look fonNard to working on this exciting project.

Sincerely,
Daniella Wilson Carter Nicole Cannon
Principal Pretty Smart Principal NCA Studio, Inc.
p20f6
Pretty Smart www.pretty— smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 [email protected] 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

Page 6 of 10 ends

-8-

PROPOSAL - BELLFLOWER OAK CENTER CONTRACT ADMINISTRATION We are pleased to submit the following Architectural Services Proposal for your consideration. Once we agree on the terms of the work, we will issue a contract to finalize the agreement. This proposal outlines the combined work and deliverable but assumes separate contract for the Design Architect and Architect of Record Services.

Project Description
We understand the project description to be as follows:

The project scope is to include the ground up construction of the Bellflower Oak Center at 16600 Clark Ave, Bellflower, CA 90706. The project will be a singlestory, 11,650 sf new building plus site work based on the approved contract document set stamped 2/29/24. This proposal is limited to the contract administration phase of the project for an 18 month duration. The schematic design through bid and negotiation services have been provided under a separate contract.

The project requires Design Architect and Architect of Record services. The Design Architect (Pretty Smart) and Architect of Record (N CA Studio) will be contracted by the Owner under separate contracts. The Design Architect and Architect of Record will collaborate throughout the entire project to deliver a coordinated set of services.

Professional Scope of Services
The work for the specified program and scope shall be completed for the following fee and billed according to the terms outlined below. Payment of professional fees will be billed monthly as work is completed:

Contract Administration"
- Attend Pre—Construction Meetings
- Attend OAC meetings and site visits.
- Provide clarifications and answers to contractor's requests for information. - Review general contractor's submittal and shop drawings. - Payment application review (as requested)
- Change order review
' Project punch list verification and assessment of Substantial Completion and Project Completion. * Contract Administration is a budget allowance based on approximately 60 hours of billable time per month for an 18 month construction period. See estimated hours summary for breakdown. Additional services will be required if the project exceeds the 18 month timeline.

TOTAL ARCHITECTURAL PROFESSIONAL FEE: $241,020
These fees include architectural services only. Other consultants required during the course of the work (i.e. cost estimation, topographic survey, soils and geology, structural engineering, acoustical consultant, civil engineers, lighting design, kitchen consultant, permit/planning expediter, energy compliance, low voltage consultants, etc.) has been contracted separately, or will be retained as a reimbursable expense as outlined in the Reimbursables section of this proposal.
p3 of 6
—
Pretty Smart www.pretty-smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 hello@pretty—smart.net 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

Page 7 of 10 ends

-9-
Additional Services
All services beyond the above scope of work will be billed at the current hourly rate or as otherwise agreed. All Additional Services will require written authorization from the Client before proceeding. 2024 Hourly Rates*
Principal 3275
Project Architect/ Designer $21 5
Project Coordinator 3175
Architectural Assistant/ Junior Designer S110
*rates are subject to annual increase
Assumptions:
- This project will not be LEED certified.
- This project will not require ABC Permits.
- This project will not require a lighting designer.
- This project will not require Change of Use permits (CUP/CUB Permits). - The client will provide a complete title report with all easements to be incorporated into the survey. - Proposal will be accepted within 30 days of proposal date and assumes project will begin within 3 months of formal acceptance.

Consultant Services which will be sub-contracted by Executive Architect:
- Civil Engineering
Structural Engineering
- MEP Engineering
- Landscape Design
- PV Design
- Signage Design
- AV/ IT Consulting
- Landscape
- Green Code Commissioning Consultant
The following items are the responsibility of the Owner/ Contractor City and Health Department Permit Fees
- Soils/ geological testing and engineering
Testing and Inspections
- FF&E Specification and Procurement
The following items are available as additional services for additional fee:

Value Engineering
- Design Changes
As—Built Documents
- Time beyond the estimated 18 month schedule
Reimbursables
In addition to the fee outlined above, reimbursement is requested for items such as mileage, travel expenses, printing, plotting, procurement and sub-contracted services. Expenses shall include a fifteen percent (15%) mark up on the direct expenses, and Sales Tax will be charged where applicable. Mileage will be charged according to the federal reimbursement rate.

Termination
This agreement may be terminated by the client or architect for any or no reason, upon 7 days written notice. In such event the client shall compensate NCA Studio and Pretty Smart for services and reimbursable expenses incurred prior to the termination date, in accordance with the terms of this agreement. p4 of 6
—
Pretty Smart www.pretty-smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 [email protected] 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

Page 8 of 10 ends

-10-
Payments
Invoices will be submitted monthly for the prior month's services unless specified otherwise on Contract. Payment is due upon the invoice date and becomes delinquent thirty (30) days thereafter. In the event of non—payment, the Architect may, without waiving any of the claims or rights, and without liability whatsoever, terminate performance of the services. A late charge will be added to delinquent amounts at the rate of ten percent (10%) for each thirty (30) days delinquency (provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state in which our office submitting the invoice is located, and if so exceeding, the interest rate shall be the maximum amount allowable in that state).

Please call or email with any questions regarding this proposal. With your approval, we will generate a contract for your signature. We look forward to working on this exciting project! Sincerely,
Daniella Wilson Carter Nicole Cannon
Principal Pretty Smart Principal/ NCA Studio, Inc
Date: 6/26/24 Date: 6/26/24
p5 of 6
—
Pretty Smart www.pretty-smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 [email protected] 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

Page 9 of 10 ends

-11-

FEE SUMMARY
The following breakdown outlines the average monthly effort with assoicated fees and distribution of the fee between Design Architect and the Architect of Record. itect 1,100
Project Designer 1,720
Cost 2,820
Monthly Cost 11,280
18 Months 203,040
hitect 275
Pro Coordinator 0. 88
Production Assistant . 165
eekl Cost 528
Monthly Cost 2,110
18 Months 37,980
Pretty Smart CA Fee 37,980
TOTAL CA FEE $ 241,020
p6 01‘?)
Pretty Smart www.pretty-smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 [email protected] 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

Page 10 of 10 ends

EXHIBIT B – FEE SCHEDULE
Payment to CONSULTANT for the services described in Exhibit A1 will be in accordance with the Fee Summary included in Exhibit A1.

The total amount payable to CONSULTANT will be as follows:

Construction Administration Services ........................................................... $203,040 Additional Services as determined by the Director of Public Works .................. $7,500 Total Not-to Exceed Amount ...................................................................... $210,540 -12-

AMENDMENT NO. 1 TO
AGREEMENT FILE NO. 690.4 BETWEEN

THE CITY OF BELLFLOWER AND

PRETTY SMART

FOR DESIGN ARCHITECT SERVICES FOR THE DEVELOPMENT OF THE

BELLFLOWER YOUTH & SENIOR CENTER PROJECT
THIS AMENDMENT No. 1 (“Amendment”) is made and entered into this 12th day of August 2024, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and PRETTY SMART, a Sole Proprietorship (“CONSULTANT”).

SECTION 1. Pursuant to Section 12 (“CHANGES”) of Agreement File No. 690.4 (“Agreement”), amending Section 1C. (“CONSIDERATION”) to read as follows:

As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $40,480 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “B,” which is incorporated by reference.

SECTION 2. Exhibit A (“SCOPE OF SERVICES”) is replaced with the attached Exhibit A, which is incorporated by reference.

SECTION 3. Exhibit A1 (“PROPOSAL”) is replaced with the attached Exhibit A1, which is incorporated by reference.

SECTION 4. Exhibit B (“FEE SCHEDULE”) is replaced with the attached Exhibit B, which is incorporated by reference.

SECTION 5. Pursuant to Section 12 (CHANGES) of Agreement File No. 690.4 (“Agreement”), amending Section 8. TERM. to read as follows:

The term of this Agreement will be from June 27, 2022 to December 31, 2026. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
a. Completion of the work specified in Exhibit “A”;
b. Termination as stated in Section 16.

SECTION 6. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

Page 1 of 9 ends

-13-

City of Bellflower
Agreement File No. 690.4 - Amendment No. 1
Pretty Smart

Page 2 of 9 ends

SECTION 7.ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission.

Such electronic signature will be treated in all respects as having the same effect as an original signature.

SECTION 8. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 690.4 remain the same.

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

CITY OF BELLFLOWER PRETTY SMART
_________________________________________________________ Ryan Smoot, City Manager Daniella Carter, Principal
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger, City Attorney Taxpayer ID No. 26-945184 Attachments:

Exhibit A – Scope of Services
Exhibit A1 – Proposal
Exhibit B – Fee Schedule
-14-

City of Bellflower
Agreement File No. 690.4 - Amendment No. 1
Pretty Smart

Page 3 of 9 ends

EXHIBIT A
-15-
> ARCHITECTURE
> INTERIORS
> DESIGN

PRETTY/SMART I NCA STUDIO
Proposal for Architectural Services
Date: June 26, 2024
Attn: Len Gorecki
[email protected]
Asst. City Manager/Director of Public Works
Dear Len,
It has been a pleasure working with you on the Bellflower Oak Center during design, and we are excited about continuing our collaboration during the construction phase. This promises to be a valuable community asset that will serve Bellflower and its residents for generations to come.

Our background in building and construction has taught us that successful projects require a dedicated team, close collaboration, and building expertise. For the contract administration phase, Pretty Smart and NCA Studio will continue as the Design Architect and Architect of Record to provide the best-in-class services for all aspects of this scope. With this arrangement, the two offices have coordinated to work seamlessly and showcase their skills through construction administration and close out. Capitalizing on each office's skill and proficiency, we are maintaining a dependable and committed architectural team throughout. This structure has a sliding scale of involvement leading with Pretty Smart/ Design Architect for the design, and ending with NCA Studio/ Architect of Record in contract documents and construction.

Pretty Smart and NCA Studio have a long history of collaboration that creates synergy and value, benefiting our clients and our projects. The scalable business models of each join their specific strengths together to create a lean and efficient team — one which consistently delivers exceptional design and project management.

DESIGN ARCHITECT AND ARCHITECT OF RECORD DIVISION OF WORK

SCHEMATIC DESIGN CONTRACT CONTRACT DESIGN DEVELOPMENT DOCUMENTS ADMINISTRATTON DESIGN ARCHITECT 75% 50% 20% 15%
95°F WORK PRETTY SMART ; j —
ARCHITECT RECORD 25% 50% 30% 85% % OF WORK
Pretty Smart Inc.

Pretty Smart is a Design Focused studio which prides itself on its holistic design approach and attention to detail. With over two decades of hands—on experience with interior design, architecture, and construction, we have the knowledge to guide our clients through the myriad of decisions in each project. We are deeply committed to creative collaboration and sustainability. Our practice is founded on the belief that design is a process that thrives when trust and transparency guide our relationships with clients and colleagues. Our unique approach will result in a project which will be both modem and enduring. p1 of 6
—
NCA Studio Inc. www.NCAstudio.com Pretty Smart www.pretty— smart.net 323.638.2344 info@NCAs'tudio.com 562.343.2491 hello@pretty—smart.net

City of Bellflower
Agreement File No. 690.4 - Amendment No. 1
Pretty Smart

Page 4 of 9 ends

-16-
NCA Studio Inc.

NCA Studio is a highly collaborative team of architects and managers who specialize in delivering quality designs and high performing spaces. We offer a pragmatic and creative approach to architecture in three ways:

Aesthetic, Functional, and Financial. To do this, we draw upon our depth of experience as Architects of Record and use a proactive, collaborative approach to all aspects of our work. We believe this combined with our technical expertise in building codes, construction, and local permitting will make this an exceptional project.

Together, the Pretty Smart and NCA Studio team provides:
- Quality Architectural and Project Management Services - A Proactive and Collaborative Approach
- Creative ThreeDimensional Problem Solving
- Over twenty years Building and Design Expertise in architectural documentation, construction oversight and management.

We are pleased to submit the following proposal for your consideration. We have included the following documents that detail our understanding of the work at hand:
- Project Scope and Fee Proposal
- Project Fee Summary
We are pleased to share our architectural expertise, and look fonNard to working on this exciting project.

Sincerely,
Daniella Wilson Carter Nicole Cannon
Principal Pretty Smart Principal NCA Studio, Inc.
p20f6
Pretty Smart www.pretty— smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 [email protected] 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 690.4 - Amendment No. 1
Pretty Smart

Page 5 of 9 ends

-17-

PROPOSAL - BELLFLOWER OAK CENTER CONTRACT ADMINISTRATION We are pleased to submit the following Architectural Services Proposal for your consideration. Once we agree on the terms of the work, we will issue a contract to finalize the agreement. This proposal outlines the combined work and deliverable but assumes separate contract for the Design Architect and Architect of Record Services.

Project Description
We understand the project description to be as follows:

The project scope is to include the ground up construction of the Bellflower Oak Center at 16600 Clark Ave, Bellflower, CA 90706. The project will be a singlestory, 11,650 sf new building plus site work based on the approved contract document set stamped 2/29/24. This proposal is limited to the contract administration phase of the project for an 18 month duration. The schematic design through bid and negotiation services have been provided under a separate contract.

The project requires Design Architect and Architect of Record services. The Design Architect (Pretty Smart) and Architect of Record (N CA Studio) will be contracted by the Owner under separate contracts. The Design Architect and Architect of Record will collaborate throughout the entire project to deliver a coordinated set of services.

Professional Scope of Services
The work for the specified program and scope shall be completed for the following fee and billed according to the terms outlined below. Payment of professional fees will be billed monthly as work is completed:

Contract Administration"
- Attend Pre—Construction Meetings
- Attend OAC meetings and site visits.
- Provide clarifications and answers to contractor's requests for information. - Review general contractor's submittal and shop drawings. - Payment application review (as requested)
- Change order review
' Project punch list verification and assessment of Substantial Completion and Project Completion. * Contract Administration is a budget allowance based on approximately 60 hours of billable time per month for an 18 month construction period. See estimated hours summary for breakdown. Additional services will be required if the project exceeds the 18 month timeline.

TOTAL ARCHITECTURAL PROFESSIONAL FEE: $241,020
These fees include architectural services only. Other consultants required during the course of the work (i.e. cost estimation, topographic survey, soils and geology, structural engineering, acoustical consultant, civil engineers, lighting design, kitchen consultant, permit/planning expediter, energy compliance, low voltage consultants, etc.) has been contracted separately, or will be retained as a reimbursable expense as outlined in the Reimbursables section of this proposal.
p3 of 6
—
Pretty Smart www.pretty-smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 hello@pretty—smart.net 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 690.4 - Amendment No. 1
Pretty Smart

Page 6 of 9 ends

-18-
Additional Services
All services beyond the above scope of work will be billed at the current hourly rate or as otherwise agreed. All Additional Services will require written authorization from the Client before proceeding. 2024 Hourly Rates*
Principal 3275
Project Architect/ Designer $21 5
Project Coordinator 3175
Architectural Assistant/ Junior Designer S110
*rates are subject to annual increase
Assumptions:
- This project will not be LEED certified.
- This project will not require ABC Permits.
- This project will not require a lighting designer.
- This project will not require Change of Use permits (CUP/CUB Permits). - The client will provide a complete title report with all easements to be incorporated into the survey. - Proposal will be accepted within 30 days of proposal date and assumes project will begin within 3 months of formal acceptance.

Consultant Services which will be sub-contracted by Executive Architect:
- Civil Engineering
Structural Engineering
- MEP Engineering
- Landscape Design
- PV Design
- Signage Design
- AV/ IT Consulting
- Landscape
- Green Code Commissioning Consultant
The following items are the responsibility of the Owner/ Contractor City and Health Department Permit Fees
- Soils/ geological testing and engineering
Testing and Inspections
- FF&E Specification and Procurement
The following items are available as additional services for additional fee:

Value Engineering
- Design Changes
As—Built Documents
- Time beyond the estimated 18 month schedule
Reimbursables
In addition to the fee outlined above, reimbursement is requested for items such as mileage, travel expenses, printing, plotting, procurement and sub-contracted services. Expenses shall include a fifteen percent (15%) mark up on the direct expenses, and Sales Tax will be charged where applicable. Mileage will be charged according to the federal reimbursement rate.

Termination
This agreement may be terminated by the client or architect for any or no reason, upon 7 days written notice. In such event the client shall compensate NCA Studio and Pretty Smart for services and reimbursable expenses incurred prior to the termination date, in accordance with the terms of this agreement. p4 of 6
—
Pretty Smart www.pretty-smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 [email protected] 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 690.4 - Amendment No. 1
Pretty Smart

Page 7 of 9 ends

-19-
Payments
Invoices will be submitted monthly for the prior month's services unless specified otherwise on Contract. Payment is due upon the invoice date and becomes delinquent thirty (30) days thereafter. In the event of non—payment, the Architect may, without waiving any of the claims or rights, and without liability whatsoever, terminate performance of the services. A late charge will be added to delinquent amounts at the rate of ten percent (10%) for each thirty (30) days delinquency (provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state in which our office submitting the invoice is located, and if so exceeding, the interest rate shall be the maximum amount allowable in that state).

Please call or email with any questions regarding this proposal. With your approval, we will generate a contract for your signature. We look forward to working on this exciting project! Sincerely,
Daniella Wilson Carter Nicole Cannon
Principal Pretty Smart Principal/ NCA Studio, Inc
Date: 6/26/24 Date: 6/26/24
p5 of 6
—
Pretty Smart www.pretty-smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 [email protected] 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 690.4 - Amendment No. 1
Pretty Smart

Page 8 of 9 ends

-20-

FEE SUMMARY
The following breakdown outlines the average monthly effort with assoicated fees and distribution of the fee between Design Architect and the Architect of Record. itect 1,100
Project Designer 1,720
Cost 2,820
Monthly Cost 11,280
18 Months 203,040
hitect 275
Pro Coordinator 0. 88
Production Assistant . 165
eekl Cost 528
Monthly Cost 2,110
18 Months 37,980
Pretty Smart CA Fee 37,980
TOTAL CA FEE $ 241,020
p6 01‘?)
Pretty Smart www.pretty-smart.net NCA Studio Inc. www.NCAstudio.com 562.343.2491 [email protected] 323.638.2344 [email protected]

City of Bellflower
Agreement File No. 690.4 - Amendment No. 1
Pretty Smart

Page 9 of 9 ends

EXHIBIT B – FEE SCHEDULE
Payment to CONSULTANT for the services described in Exhibit A will be in accordance with the Fee Summary included in Exhibit A1.

The total amount payable to CONSULTANT will be as follows:

Construction Administration Services ............................................................. $37,980 Additional Services as determined by the Director of Public Works .................. $2,500 Total Not-to Exceed Amount ........................................................................ $40,480 -21-

Page 1 of 2 ends

14-J
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works SUBJECT:Consideration and possible action to award a contract to R.E. Schultz Construction, Inc. for the Thompson Park
Improvements – Installation of Outdoor Fitness Center
(Specifications No. 23/24-04); and authorize the City Manager to execute a contract with R.E. Schultz Construction, Inc. in a form approved by the City Attorney.

DATE:August 12, 2024

EXECUTIVE SUMMARY
This action would award a contract to R.E. Schultz Construction, Inc. (R.E. Schultz), to perform the work described in the Specification documents for the Thompson Park Improvements – Installation of Outdoor Fitness Center (the Project).

RECOMMENDATION TO CITY COUNCIL
1) Award a contract to R.E. Schultz Construction, Inc. for the Project and authorize the City Manager to execute said contract in a form approved by the City Attorney; and 2) Authorize a budget amendment to carryover the budget of $300,000 in Account No. 070-47230-9000 from fiscal year 2023-24 to 2024-25 and establish a budget of $150,000 in Account No. 024-47230-9000 in fiscal year 2024-25; or 3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
The total cost of the fitness center is $445,876. A budget amendment is requested to carryover the $300,000 budget in Account No. 070-47230-9000 from fiscal year 2023-24 to 2024-25 and establish an additional budget of $150,000 in Account No. 024-47230-9000 in fiscal year 2024-25 to pay for the cost of the fitness center as outlined below plus any incidental project expenditures.

TOTAL PROJECT COSTS
Purchase of Fitness Center:$160,778
Installation of Fitness Center:$244,564
Contingency (10%):$40,534
Total:$445,876
-1-
1: BELLF
X14 0 Low/8Q
0 €~ ROWING T061379?”
«In stafteport

Staff Report – Award of Contract for the Thompson Park Improvements, Spec.

No. 23/24-04
August 12, 2024

Page 2 of 2 ends

DISCUSSION
The Parks and Recreation Department received Measure A grant funds from the Los Angeles County Regional Park and Open Space District (RPOSD) for the installation of an outdoor fitness equipment center at Thompson Park. Parks and Recreation staff have selected the X-Treme Ninja course 2, available exclusively from Greenfields Outdoor Fitness, Inc. and has been purchased separately. This project includes the installation of the equipment and surfacing material.

On June 10, 2024, the City Council adopted Resolution No. 24-31 authorizing solicitation of bids. The City advertised Specifications No. 23/24-04 for bids in accordance with BMC Section 3.28.090. One bid was submitted at the formal bid opening on July 2, 2024. The results are listed below:

BIDDER BID PRICE
R.E. Schultz Construction, Inc.$244,564

BID ANALYSIS
R.E. Shultz submitted a complete bid package. Staff has verified its contractor’s license status, references, and registration with the Department of Industrial Relations. R.E.

Shultz is qualified to perform the work described and has fulfilled the requirements set forth in the Specification documents. Staff concludes R.E. Shultz is a responsible bidder and recommends that the City Council award a contract to R.E. Shultz.

SPECIFICATIONS
The Specification documents are available for public inspection at the Public Works Department Office, 9944 Flora Vista Street, Bellflower, California until completion of the Project and, subsequently, as official records, will be maintained by the City Clerk’s Office.

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 for the project consisting of an Initial Study and Mitigated Negative Declaration. The Initial Study determined that the project would not result in any significant effect on the environment with incorporation of mitigation measures contained in the Mitigated Negative Declaration.
-2-

Page 1 of 3 ends

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

FROM: Ryan Smoot, City Manager

SUBJECT: Consideration and possible action to consider adopting Resolution No. 24-46 – A Resolution approving and accepting the negotiated exchange of property tax revenue resulting from the annexation of territory known as reorganization 2021-03 to the Artesia Cemetery District, the Downey Cemetery District, the Little Lake Cemetery District, and detachment from the Little Lake Cemetery District.

DATE: August 12, 2024

EXECUTIVE SUMMARY

The City received a letter from the Los Angeles County Chief Executive Office requesting approval of a Joint Tax Transfer Resolution for Cemetery District Reorganization No. 2021-03, affecting the Artesia, Downey, and Little Lake Cemetery Districts.

Currently, these districts have complex boundaries that often divide cities and exclude unincorporated areas. The Local Agency Formation Committee (LAFCO), in collaboration with the districts, is proposing boundary adjustments to simplify these district maps and annex new areas not currently covered. A formal proposal was submitted to LAFCO on December 20, 2021, outlining the following changes:

• Artesia Cemetery District: To include Cerritos, Lakewood, Artesia, Hawaiian Gardens, and portions of Bellflower and Norwalk.
• Downey Cemetery District: To include Downey, South Gate, Bell Gardens, Paramount and portions of Bellflower.
• Little Lake Cemetery District: To include La Mirada, Santa Fe Springs, most of Norwalk, and a large unincorporated area.

Detailed maps of the proposed annexations and reorganizations are attached to this staff report for reference.

Generally, the revised districts would encompass entire cities. However, Bellflower and Norwalk would be divided along Alondra Boulevard. LAFCO asserts that the proposed boundaries offer clearer district definitions, enhancing public understanding. The Joint Tax Transfer Resolution requires approval from the Board of Supervisors and affected cities, including Bellflower. If adopted, the northern half of Bellflower (North of Alondra) would join the Downey Cemetery District, and the southern half would become part of the Artesia Cemetery District. The County CEO’s Office estimates minimal property tax loss to cities (approximately $337.83 annually to Bellflower), with no substantial overall impact.

-1-
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Staff Report – Resolution No. 24-46
August 12, 2024

Page 2 of 3 ends

RECOMMENDATION TO CITY COUNCIL

1) Consider adopting Resolution No. 24-46; or

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

FISCAL IMPACT

The County CEO’s Office estimates the total tax increment loss for the City of Bellflower is $337.83 annually.

DISCUSSION

The Artesia Cemetery District, Downey Cemetery District and the Little Rock Cemetery District have existing boundaries that have been deemed by LAFCO staff as confusing and illogical. They often include only portions of a particular city (the Downey Cemetery District, for examples, only includes about two-thirds of the City of Downey); they periodically divide territory in a city into two different cemetery districts (for example, portions of Downey are within the Downey Cemetery District and the Little Lake Cemetery District); and they often fail to include adjoining unincorporated areas.

About four years ago, LAFCO initiated conversations amongst representatives of the three districts. The results of those meetings led to this proposal, which was filed with LAFCO by the Artesia Cemetery District on behalf of all three districts. LAFCO has indicated the proposal is supported by the three cemetery districts, as well as by Los Angeles County Supervisor Janice Hahn, who provided funding for the County’s Department of Public Works to prepare the maps and geographic descriptions required by LAFCO to accept an application. The proposal was filed with LAFCO on December 20, 2021. If the proposal is approved:

• The Artesia Cemetery District would include all of the City of Cerritos (it currently only has a portion); all of the City of Lakewood (it currently only has a portion); the southerly portion of the City of Bellflower, south of Alondra Boulevard (not currently within any cemetery district); as well as all of the City of Artesia, all of the City of Hawaiian Gardens, and the portion of the City of Norwalk south of Alondra Boulevard (all currently within the district’s existing boundary).

• The Downey Cemetery District would include all of the City of Downey (it currently has only a portion, which includes a small part of the City of Downey concurrently being detached from the Little Lake Cemetery District); all of the City of South Gate (it currently has only a very small portion); all of the City of Bell Gardens (not currently in any cemetery district); and the northerly portion of the City of Bellflower, north of Alondra Boulevard (it currently has a smaller, irregularly-shaped portion).

-2-

Staff Report – Resolution No. 24-46
August 12, 2024

Page 3 of 3 ends

DISCUSSION – Continued

• The Little Lake Cemetery District would include all of the City of La Mirada (it currently has only a portion); all of the City of Santa Fe Springs (it currently has only a portion of the city); all areas within the City of Norwalk north of Alondra Boulevard (currently a small portion of this area is outside the district); and a large, unincorporated generally between La Mirada and Santa Fe Springs (not currently within any cemetery district, and added at the request of Supervisor Hahn).

Overall, most of the territory within the three cemetery districts’ new boundaries would encompass entire cities. However, there are two exceptions: (1) the City of Bellflower, which would be divided between the districts north and south of Alondra Boulevard; and (2) the City of Norwalk, which remains split between two districts in the same manner as the current boundaries.

The County CEO’s Office estimated in April 2023 that the potential property tax loss to cities resulting from this proposal is minimal ($337.83 annually to Bellflower) and would have no significant impact on any of the involved cities.

ATTACHMENTS

A. Joint Tax Transfer Resolution (Resolution No. 24-46) ................................................ 4 B. Annexation Maps………………………………………………………………..…...……..83

-3-

JOINT RESOLUTION OF THE BOARD OF SUPERVISORS, AS THE GOVERNING

BODY OF THE COUNTY OF LOS ANGELES, THE CONSOLIDATED FIRE

PROTECTION DISTRICT OF LOS ANGELES COUNTY, AND THE LOS ANGELES

COUNTY FLOOD CONTROL DISTRICT,

AND THE

CITY COUNCILS OF THE CITY OF BELL GARDENS, THE CITY OF BELLFLOWER,

THE CITY OF CERRITOS, THE CITY OF DOWNEY, THE CITY OF LA MIRADA, THE

CITY OF LAKEWOOD, THE CITY OF NORWALK, THE CITY OF PARAMOUNT, THE

CITY OF SANTA FE SPRINGS, THE CITY OF SOUTH GATE, THE BOARD OF

DIRECTORS OF THE ARTESIA CEMETERY DISTRICT, THE DOWNEY CEMETERY

DISTRICT, THE LITTLE LAKE CEMETERY DISTRICT, THE GREATER LOS

ANGELES COUNTY VECTOR CONTROL DISTRICT, THE COUNTY SANITATION DISTRICT NO. 1 OF LOS ANGELES COUNTY, THE COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY, THE COUNTY SANITATION DISTRICT NO. 3 OF LOS ANGELES COUNTY, THE COUNTY SANITATION DISTRICT NO. 18 OF LOS ANGELES COUNTY, THE COUNTY SANITATION DISTRICT NO. 19 OF LOS ANGELES COUNTY, THE LA HABRA HEIGHTS COUNTY

WATER DISTRICT, AND THE WATER REPLENISHMENT DISTRICT OF

SOUTHERN CALIFORNIA, APPROVING AND ACCEPTING THE NEGOTIATED

EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE ANNEXATION OF TERRITORY KNOWN AS REORGANIZATION 2021-03 TO THE ARTESIA

CEMETERY DISTRICT, THE DOWNEY CEMETERY DISTRICT, THE LITTLE LAKE

CEMETERY DISTRICT, AND DETACHMENT FROM THE LITTLE LAKE CEMETERY

DISTRICT

WHEREAS, the Artesia Cemetery District, Downey Cemetery District, and the Little Lake Cemetery District (Cemetery Districts) initiated proceedings with the Local Agency Formation Commission for Los Angeles County (LAFCO) for the annexation of territory identified as Reorganization 2021-03 to the Cemetery Districts; WHEREAS, pursuant to Section 99 of the California Revenue and Taxation Code, for specified jurisdictional changes, the governing bodies of affected agencies shall negotiate and determine the amount of property tax revenue to be exchanged between the affected agencies;
WHEREAS, the area proposed for annexation is identified as Reorganization 2021-03 to reorganize approximately 81± acres of inhabited territory located in the Cities of Bell Gardens, Bellflower, Cerritos, Downey, La Mirada, Lakewood, Norwalk, Paramount, Santa Fe Springs, South Gate; and Los Angeles County unincorporated territory (South Whittier);
WHEREAS, the Board of Supervisors of the County of Los Angeles (County), as governing body of the County, the Consolidated Fire Protection District of Los Angeles County, the Los Angeles County Flood Control District, and on behalf of the Bell Gardens Lighting District, the Belvedere Garbage Disposal District, the County Lighting Maintenance District No. 10066, the County Lighting Maintenance District No. 1687, the County Lighting Maintenance District No. 10045 Zone A, the County Lighting Maintenance District No. 10045 Zone B, Road District No. 1, Road District No. 4 and -4-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 2 of 67 ends

the LA County Library; the City Councils of the City of Bell Gardens, the City of Bellflower, Vehicle Parking District No. 1, the City of Cerritos, Los Coyotes Lighting and Landscaping District, the City of Downey, Downey Lighting District Zone 3-1, Downey Lighting District Zone 3-2, Downey Lighting District Zone 3-4, Downey Lighting District Zone 3-5, the City of La Mirada, the City of La Mirada As Successor of Interest To The La Mirada-Southeast Recreation and Park District, the City of Lakewood, the City of Norwalk, the City of Norwalk As Successor of Interest To The Norwalk-Southeast Recreation and Park District, the City of Paramount, the City of Santa Fe Springs, the City of South Gate; and the governing bodies of the Greater Los Angeles County Vector Control District, County Sanitation District No. 1 of Los Angeles County, County Sanitation District No. 2 of Los Angeles County, County Sanitation District No. 3 of Los Angeles County, County Sanitation District No. 18 of Los Angeles County, County Sanitation District No. 19 of Los Angeles County, the La Habra Heights County Water District, and the Water Replenishment District of Southern California, have determined the amount of property tax revenue to be exchanged between their respective agencies as a result of the reorganization of territory identified as Reorganization 2021-03, is as set forth below;

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The negotiated exchange of property tax revenue between the County, the cities, and the districts, resulting from Reorganization 2021-03 is approved and accepted.

Annexation of Territory to the Artesia Cemetery District:

2. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Bellflower to the Artesia Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment Ratio
Transfer to the
Artesia
Cemetery
District
2254 0.000082445 2317 0.000082445 11273 0.000082445
2260 0.000082445 2322 0.000082445 11274 0.000082445
2261 0.000082445 2336 0.000082445 11280 0.000082445
2267 0.000082445 7300 0.000082445 11284 0.000082445
2276 0.000082445 7324 0.000082445 11285 0.000082445
-5-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 3 of 67 ends

2277 0.000082445 7345 0.000082445 11319 0.000082445

3. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Vehicle Parking District No. 1 (City of Bellflower) to the Artesia Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2254 0.000003224 2277 0.000003224

4. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Cerritos to the Artesia Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2281 0.000084185 2564 0.000084185 2567 0.000084185
2283 0.000084185 2565 0.000084185 2605 0.000084312
2488 0.000084312 2566 0.000084185 2606 0.000084312
2489 0.000084312

5. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Los Coyotes Lighting and Landscaping District to the Artesia Cemetery District. -6-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 4 of 67 ends

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2281 0.000022979 2564 0.000023909 2567 0.000023912
2283 0.000022979 2565 0.000023909 2605 0.00002391
2488 0.000023909 2566 0.000023912 2606 0.000023911
2489 0.000023909

6. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Lakewood to the Artesia Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2243 0.000072321 3754 0.000060022 7199 0.000072321
2245 0.000072321 5413 0.000072321 12178 0.000072321
2265 0.000025221 5415 0.000072321 12181 0.000072321
2266 0.000072321 5419 0.000026014 12182 0.000072321
2270 0.000072321 5420 0.000026015 12183 0.000072321
2274 0.000072321 5421 0.000072321 12261 0.000072321
2316 0.000072321 5442 0.000072321 12263 0.000072321
3747 0.000060022 5447 0.000072321 15679 0.000072321
3748 0.000060022 7190 0.000072321 15694 0.000072321
3751 0.000060022 7191 0.000072321 16076 0.000060022
3753 0.000060022 7198 0.000072321

7. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the County Sanitation District No. 2 of Los Angeles County to the Artesia Cemetery District. -7-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 5 of 67 ends

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2254 0.000016499 7300 0.000016181 11280 0.0000166
2267 0.0000166 7324 0.000016181 11284 0.000016181
2277 0.000016499 11273 0.000016601 11285 0.000016181
2336 0.0000166 11274 0.0000166

8. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the County Sanitation District No. 3 of Los Angeles County to the Artesia Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2243 0.00001294 2317 0.000013541 7190 0.000012615
2245 0.000012941 2322 0.000013541 7191 0.000012615
2260 0.000013541 3747 0.000013308 7199 0.000013306
2261 0.000013541 3748 0.000013308 12178 0.000012942
2265 0.000012942 3751 0.000012615 12181 0.000013308
2266 0.000012943 3753 0.000012615 12182 0.000013308
2274 0.000012942 3754 0.000012942 12183 0.000012615
2276 0.000013541 5413 0.000013308 15679 0.000012615
2281 0.000013727 5415 0.000013308 15694 0.000013306
2283 0.000013727 5419 0.000013308 16076 0.000012615
2316 0.000012942 5420 0.000013308

9. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax -8-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 6 of 67 ends

Rate Area in the Reorganization 2021-03 territory shall be transferred from the County Sanitation District No. 18 of Los Angeles County to the Artesia Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2488 0.000016989 2564 0.000016989 2565 0.00001699
2489 0.000016989

10. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the County Sanitation District No. 19 of Los Angeles County to the Artesia Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2566 0.000018231 2605 0.00001823 2606 0.000018231
2567 0.000018231

11. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Greater Los Angeles County Vector Control District to the Artesia Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2243 0.000000442 2564 0.000000501 7198 0.000000466
2245 0.000000445 2565 0.000000501 7199 0.000000462
2254 0.000000463 2566 0.000000501 7300 0.000000453
-9-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 7 of 67 ends

2260 0.000000469 2567 0.000000501 7324 0.000000453
2261 0.000000468 2605 0.000000502 7345 0.000000437
2265 0.000000446 2606 0.000000501 11273 0.000000466
2266 0.000000445 3747 0.000000459 11274 0.000000466
2267 0.000000466 3748 0.000000459 11280 0.000000466
2270 0.000000469 3751 0.000000434 11284 0.000000453
2274 0.000000446 3753 0.000000434 11285 0.000000453
2276 0.000000467 3754 0.000000446 11319 0.000000453
2277 0.000000463 5413 0.000000459 12178 0.000000446
2281 0.000000475 5415 0.000000459 12181 0.000000459
2283 0.000000475 5419 0.000000461 12182 0.000000459
2316 0.000000447 5420 0.000000459 12183 0.000000434
2317 0.000000469 5421 0.000000445 12261 0.000000446
2322 0.000000468 5442 0.000000482 12263 0.000000459
2336 0.000000466 5447 0.000000475 15679 0.000000434
2488 0.000000501 7190 0.000000434 15694 0.000000462
2489 0.000000501 7191 0.000000434 16076 0.000000434

12. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Water Replenishment District of Southern California to the Artesia Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Artesia
Cemetery
District
2243 0.000000207 2564 0.000000228 7198 0.000000212
2245 0.00000021 2565 0.000000229 7199 0.000000215
2254 0.000000215 2566 0.000000228 7300 0.000000212
2260 0.000000216 2567 0.000000228 7324 0.000000212
2261 0.000000217 2605 0.000000227 7345 0.000000206
2265 0.00000021 2606 0.000000228 11273 0.000000217
2266 0.00000021 3747 0.000000214 11274 0.000000216
2267 0.000000216 3748 0.000000214 11280 0.000000216
2270 0.000000217 3751 0.000000206 11284 0.000000212
2274 0.00000021 3753 0.000000206 11285 0.000000212
-10-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 8 of 67 ends

2276 0.000000217 3754 0.00000021 11319 0.000000212
2277 0.000000215 5413 0.000000214 12178 0.00000021
2281 0.000000219 5415 0.000000214 12181 0.000000214
2283 0.000000219 5419 0.000000213 12182 0.000000214
2316 0.000000209 5420 0.000000214 12183 0.000000206
2317 0.000000216 5421 0.000000316 12261 0.00000021
2322 0.000000217 5442 0.000000222 12263 0.000000214
2336 0.000000216 5447 0.000000225 15679 0.000000206
2488 0.000000228 7190 0.000000206 15694 0.000000215
2489 0.000000228 7191 0.000000206 16076 0.000000206

Annexation of Territory to the Downey Cemetery District:

13. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Bell Gardens to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
526 0.000035216 3237 0.000072145 6487 0.000056394
532 0.00003387 6321 0.000071757 6489 0.000071757
877 0.00007373 6349 0.000071754 6490 0.000071757
884 0.000071181 6350 0.000074305 6492 0.000056397
885 0.000073689 6351 0.000071757 6493 0.000056376
886 0.000055733 6352 0.000056397 6496 0.000056393
930 0.000035209 6354 0.000056395 6497 0.000053237
3235 0.000072147 6355 0.00005324 15698 0.000056397
3236 0.0000569 6485 0.000074303

14. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax -11-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 9 of 67 ends

Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Bellflower to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
2244 0.000052067 2335 0.000051977 6671 0.000052058
2247 0.000052067 2336 0.000051977 11274 0.000051977
2263 0.000051977 2375 0.000052067 11280 0.000051977
2267 0.000051977 6668 0.000052059 15708 0.000051977
2272 0.000052067 6670 0.000052059 16232 0.000052067
2273 0.000051977

15. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Downey to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
916 0.000106744 3277 0.000114696 5345 0.000108662
917 0.000083435 3282 0.000109201 5348 0.000101455
3231 0.000106585 3284 0.000109201 5350 0.000108466
3241 0.00011479 3291 0.000105783 6293 0.000108236
3254 0.000112102 3297 0.000109201 6295 0.000114096
3257 0.000112102 3307 0.000105783 6500 0.000104867
3263 0.000109232 3331 0.000112102 6502 0.000107981
3265 0.000106757 3347 0.000106757 6651 0.000111606
3267 0.000102927 3669 0.000109201 6652 0.000111606
3268 0.00001646 5240 0.000105266 6653 0.000095737
3269 0.000089867 5253 0.00011381 6653 0.000095737
3275 0.000105501 5254 0.000106231

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16. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Downey Lighting District Zone I to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
3231 0.00001578 3307 0.000015804 6500 0.00001568
3254 0.00001095 5240 0.000015736 6502 0.000016075
3291 0.000015804

17. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Downey Lighting District Zone II to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
3257 0.000013984 3275 0.000013257 3347 0.000013468
3265 0.000013468 3331 0.000013986 5254 0.000013423

18. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Downey Lighting District Zone IV to the Downey Cemetery District. -13-

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Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
3267 0.000034588

19. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, zero dollars of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Downey Lighting District Zone V to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
3669 0

20. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of La Mirada As Successor of Interest To The La Mirada-Southeast Recreation and Park District to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
5348 0.000019211 6653 0.000019036 6670 0.000019009
6653 0.000019036 6668 0.000019034 6671 0.000019038

21. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the -14-

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following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Norwalk As Successor of Interest To The Norwalk-Southeast Recreation and Park District to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
5348 0.000020741 6653 0.000020552 6670 0.000020523
6653 0.000020552 6668 0.00002055 6671 0.000020555

22. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Paramount to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
2883 0.000052401 7273 0.000052401 7364 0.000052401
2893 0.000052401 7294 0.000052401 7365 0.000052401
2972 0.000052401 7316 0.000052401 7366 0.000052401
2998 0.000052401 7333 0.000052401 7370 0.000052401
3000 0.000052401 7334 0.000052401 7371 0.000052401
3004 0.000052401 7343 0.000052401 7373 0.000052401
3006 0.000052401 7344 0.000052401 7375 0.000052401
3007 0.000052401 7347 0.000052401 7376 0.000052401
3010 0.000052401 7348 0.000052401 7378 0.000052401
3018 0.000052401 7349 0.000052401 11103 0.000052401
6637 0.000052145 7353 0.000052401 11104 0.000052401
7257 0.000052401 7354 0.000052401 11105 0.000051642
7261 0.000063849 7356 0.000052401 11106 0.000052401
7262 0.00006385 7358 0.000052401 11296 0.000052401
7272 0.000052401 7362 0.000052401 16751 0.000052401

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23. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of South Gate to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
663 0.000047953 748 0.000047953 7258 0.000043297
664 0.000047953 1307 0.000052647 7259 0.000047953
665 0.000043297 3310 0.000047953 7890 0.000061756
668 0.000043297 3319 0.000047953 15185 0.000047991
669 0.000043297 3328 0.000047953 15186 0.000047991
670 0.000047953 3334 0.000043297 15187 0.000047991
671 0.000043297 3344 0.000043297 15188 0.000047991
672 0.000047953 6090 0.000047953 15189 0.000047991
746 0.000043297 7223 0.000047953 15190 0.000047991
747 0.000043297 7224 0.000047953 15191 0.000047991

24. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the County Sanitation District No. 1 of Los Angeles County to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
664 0.000010883 671 0.000010891 6090 0.000011146
665 0.000010501 672 0.000010883 15185 0.000011146
668 0.000010883 1307 0.000010883 15186 0.000010883
669 0.000010493 3010 0.000011563 15187 0.000010883
670 0.000010883 3018 0.000011145 15188 0.000010883

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25. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the County Sanitation District No. 2 of Los Angeles County to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
526 0.000008012 3275 0.000010593 7258 0.000009342
532 0.000007612 3282 0.000010898 7259 0.000009877
747 0.000009367 3284 0.000010898 7261 0.000009877
748 0.000009367 3291 0.000010544 7262 0.000009878
877 0.00000739 3297 0.000010898 7272 0.000009878
884 0.000007037 3307 0.000010544 7273 0.000009878
885 0.000007397 3310 0.000009572 7294 0.000009878
886 0.000008697 3319 0.000009572 7316 0.000009877
916 0.000010643 3334 0.000009572 7343 0.000009878
917 0.000008422 3347 0.000010645 7344 0.000009872
930 0.000008008 3669 0.000010898 7347 0.000009878
2244 0.000010466 5350 0.000010822 7348 0.000009878
2247 0.000010466 6293 0.000010798 7349 0.000009878
2263 0.000010466 6321 0.000007119 7354 0.000009878
2267 0.000010465 6349 0.000007119 7356 0.000009878
2272 0.000010466 6350 0.000007485 7358 0.000009877
2273 0.000010464 6351 0.000007119 7362 0.000009816
2335 0.000010466 6352 0.000008785 7370 0.000009877
2336 0.000010465 6354 0.000008784 7371 0.000009877
2375 0.000010465 6355 0.000008332 7373 0.000009878
2883 0.000009978 6485 0.000007485 7375 0.000010115
2893 0.000009979 6487 0.000008784 7376 0.000010093
2972 0.000009979 6489 0.00000712 11103 0.000009978
2998 0.000010225 6490 0.000007119 11104 0.000009878
3000 0.000010329 6492 0.000008785 11105 0.000009968
3006 0.000009981 6493 0.000008777 11106 0.000009877
3007 0.000010311 6496 0.000008784 11274 0.000010465
3231 0.000010526 6497 0.000008331 11280 0.000010465
3235 0.000007176 6500 0.000010449 11296 0.000009979
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3236 0.000008874 6637 0.000009878 15189 0.000009367
3237 0.000007175 6651 0.00001116 15190 0.000009572
3263 0.000010901 6652 0.00001116 15191 0.000009342
3265 0.000010645 6670 0.00000995 15698 0.000008785
3267 0.000010248 6671 0.000009952 15708 0.000010466
3268 0.000009572 7224 0.000009342 16232 0.000010466
3269 0.000010613 7257 0.000009877 16751 0.000009877

26. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the County Sanitation District No. 18 of Los Angeles County to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
5240 0.000010044 5348 0.000009667 6653 0.000009555
5254 0.000010138 6653 0.000009555 6668 0.000009554
5345 0.000010374

27. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Greater Los Angeles Vector Control District to the Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
526 0.000000222 3269 0 7224 0.000000259
532 0.00000021 3275 0.000000303 7257 0.000000276
663 0.000000274 3277 0.000000327 7258 0.000000259
664 0.000000259 3282 0.000000307 7259 0.000000276
665 0.000000249 3284 0.000000307 7261 0.000000275
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668 0.000000259 3291 0.000000296 7262 0.000000276
669 0.000000228 3297 0.000000307 7272 0.000000276
670 0.000000259 3307 0.000000296 7273 0.000000276
671 0.000000259 3310 0.000000266 7294 0.000000276
672 0.000000259 3319 0.000000266 7316 0.000000276
746 0.000000275 3328 0.000000281 7333 0.0000003
747 0.00000026 3331 0.000000319 7334 0.000000301
748 0.00000026 3334 0.000000266 7343 0.000000276
877 0.000000233 3344 0.000000281 7344 0.000000277
884 0.000000189 3347 0.000000299 7347 0.000000276
885 0.0000002 3669 0.000000307 7348 0.000000276
886 0.000000223 5240 0.000000294 7349 0.000000276
916 0.000000302 5253 0.000000326 7353 0.000000291
917 0 5254 0.000000297 7354 0.000000276
930 0.000000219 5345 0.000000305 7356 0.000000276
1307 0.000000259 5348 0.000000285 7358 0.000000276
2244 0.000000294 5350 0.000000307 7362 0.000000258
2247 0.000000294 6090 0.000000266 7364 0.0000003
2263 0.000000294 6293 0.000000304 7365 0.000000301
2267 0.000000294 6295 0.000000354 7366 0.000000298
2272 0.000000294 6321 0.000000192 7370 0.000000275
2273 0.000000293 6349 0.000000193 7371 0.000000276
2335 0.000000294 6350 0.000000203 7373 0.000000276
2336 0.000000294 6351 0.000000192 7375 0.000000282
2375 0.000000293 6352 0.000000243 7376 0.000000279
2883 0.000000278 6354 0.000000243 7378 0.000000299
2893 0.000000279 6355 0.00000023 7890 0.000000259
2972 0.000000279 6485 0.000000203 11103 0.000000278
2998 0.000000285 6487 0.000000242 11104 0.000000276
3000 0.000000298 6489 0.000000192 11105 0.000000278
3004 0.000000298 6490 0.000000192 11106 0.000000276
3006 0.00000028 6492 0.000000242 11274 0.000000294
3007 0.000000301 6493 0.000000238 11280 0.000000294
3010 0.000000311 6496 0.000000242 11296 0.000000279
3018 0.000000308 6497 0.000000229 15185 0.000000266
3231 0.000000295 6500 0.000000295 15186 0.000000259
3235 0.000000194 6502 0.00000052 15187 0.000000259
3236 0.000000237 6637 0.000000276 15188 0.000000259
3237 0.000000194 6651 0.000000319 15189 0.00000026
3241 0.000000332 6652 0.000000319 15190 0.000000266
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3254 0.000000314 6653 0.000000278 15191 0.000000259
3257 0.000000314 6653 0.000000278 15698 0.000000243
3263 0.000000306 6668 0.000000278 15708 0.000000294
3265 0.000000299 6670 0.000000277 16232 0.000000294
3267 0.000000287 6671 0.000000257 16751 0.000000276
3268 0.000000266 7223 0.000000279

28. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Water Replenishment District of Southern California to Downey Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Downey
Cemetery
District
526 0.000000109 3269 0 7224 0.000000125
532 0.000000109 3275 0.00000021 7257 0.00000013
663 0.00000013 3277 0.000000149 7258 0.000000125
664 0.000000125 3282 0.000000141 7259 0.00000013
665 0.00000012 3284 0.000000141 7261 0.00000013
668 0.000000125 3291 0.000000137 7262 0.00000013
669 0.000000127 3297 0.000000141 7272 0.00000013
670 0.000000125 3307 0.000000137 7273 0.00000013
671 0.000000125 3310 0.000000127 7294 0.00000013
672 0.000000125 3319 0.000000127 7316 0.00000013
746 0.000000129 3328 0.000000132 7333 0.000000136
747 0.000000125 3331 0.000000145 7334 0.000000137
748 0.000000125 3334 0.000000127 7343 0.00000013
877 0.000000082 3344 0.000000134 7344 0.000000129
884 0.000000101 3347 0.000000138 7347 0.00000013
885 0.000000105 3669 0.000000141 7348 0.00000013
886 0.000000093 5240 0.000000136 7349 0.00000013
916 0.000000136 5253 0.000000144 7353 0.000000133
917 0 5254 0.000000138 7354 0.00000013
930 0.000000111 5345 0.00000014 7356 0.00000013
1307 0.000000125 5348 0.000000133 7358 0.00000013
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2244 0.000000136 5350 0.000000142 7362 0.000000148
2247 0.000000136 6090 0.000000127 7364 0.000000139
2263 0.000000136 6293 0.00000014 7365 0.000000139
2267 0.000000136 6295 0.000000236 7366 0.000000145
2272 0.000000136 6321 0.000000102 7370 0.00000013
2273 0.000000135 6349 0.000000101 7371 0.00000013
2335 0.000000136 6350 0.000000105 7373 0.00000013
2336 0.000000136 6351 0.000000102 7375 0.000000135
2375 0.000000136 6352 0.000000118 7376 0.000000143
2883 0.000000132 6354 0.000000119 7378 0.000000144
2893 0.000000131 6355 0.000000114 7890 0.000000125
2972 0.000000131 6485 0.000000106 11103 0.000000132
2998 0.000000133 6487 0.000000119 11104 0.00000013
3000 0.000000145 6489 0.000000102 11105 0.000000133
3004 0.000000145 6490 0.000000102 11106 0.00000013
3006 0.000000129 6492 0.000000119 11274 0.000000136
3007 0.000000121 6493 0.000000115 11280 0.000000136
3010 0.000000102 6496 0.000000119 11296 0.000000131
3018 0.000000138 6497 0.000000114 15185 0.000000127
3231 0.000000137 6500 0.000000136 15186 0.000000125
3235 0.000000102 6502 0 15187 0.000000125
3236 0.000000114 6637 0.00000013 15188 0.000000125
3237 0.000000102 6651 0.000000142 15189 0.000000125
3241 0.000000146 6652 0.000000142 15190 0.000000127
3254 0.000000144 6653 0.000000132 15191 0.000000125
3257 0.000000144 6653 0.000000132 15698 0.000000118
3263 0.000000143 6668 0.000000132 15708 0.000000136
3265 0.000000138 6670 0.000000131 16232 0.000000136
3267 0.000000134 6671 0.000000138 16751 0.00000013
3268 0.000000127 7223 0.000000133

Detachment of Territory from Little Lake Cemetery District:

29. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the City of Bellflower.
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Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the City of
Bellflower
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the City of
Bellflower
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the City of
Bellflower
2244 0.000115527 2273 0 6670 0.000105077
2247 0.000115527 2375 0.000115546 6671 0.000104427
2272 0.000115527 6668 0.000105576 16232 0.000115527

30. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the City of Downey.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the City of
Downey
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the City of
Downey
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the City of
Downey
5240 0.000253091 5345 0.000270976 6653 0.000205752
5253 0.000298807 5348 0.000230749 6655 0
5254 0.000256689

31. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the Downey Lighting District Zone I.

Tax
Rate
Area
Annual Tax
Increment Ratio
Transfer to
Downey
Lighting District
Zone I
5240 0.000037835

32. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to -22-

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Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the Downey Lighting District Zone II.

Tax
Rate
Area
Annual Tax
Increment Ratio
Transfer to
Downey
Lighting District
Zone II
5254 0.000032435

33. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the City of La Mirada As Successor of Interest To The La Mirada- Southeast Recreation and Park District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to La Mirada
SE Recreation
and Park
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to La Mirada
SE Recreation
and Park
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to La Mirada
SE Recreation
and Park
5348 0.000043693 6655 0 6670 0.000038369
6653 0.000040911 6668 0.000038601 6671 0.00003819

34. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the City of Norwalk As Successor of Interest To The Norwalk- Southeast Recreation and Park District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to Norwalk SE
Recreation and
Park
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to Norwalk SE
Recreation and
Park
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to Norwalk SE
Recreation and
Park
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5348 0.000047174 6655 0 6670 0.000041425
6653 0.000044169 6668 0.000041675 6671 0.000041232

35. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the County Sanitation District No. 2 of Los Angeles County.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to County
Sanitation
District No. 2
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to County
Sanitation
District No. 2
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to County
Sanitation
District No. 2
2244 0.000023222 2273 0 6670 0.000020084
2247 0.000023222 2375 0.000023225 6671 0.000019963
2272 0.000023222 6655 0 16232 0.000023222

36. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the County Sanitation District No. 18 of Los Angeles County.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to County
Sanitation
District No. 18
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to County
Sanitation
District No. 18
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to County
Sanitation
District No. 18
5240 0.000024149 5345 0.000025872 6653 0.000020536
5254 0.000024497 5348 0.000021988 6668 0.000019377

37. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the Greater Los Angeles Vector Control District. -24-

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Page 22 of 67 ends

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to Greater LA
Vector Control
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to Greater LA
Vector Control
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to Greater LA
Vector Control
District
2244 0.000000652 5253 0.000000856 6655 0
2247 0.000000652 5254 0.000000719 6668 0.000000564
2272 0.000000652 5345 0.000000761 6670 0.000000559
2273 0 5348 0.000000648 6671 0.000000517
2375 0.000000652 6653 0.000000598 16232 0.000000652
5240 0.000000708

38. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from Little Lake Cemetery District to the Water Replenishment District of Southern California.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to Water
Replenishment
District of
Southern
California
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to Water
Replenishment
District of
Southern
California
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to Water
Replenishment
District of
Southern
California
2244 0.000000303 5253 0.000000379 6655 0
2247 0.000000303 5254 0.000000333 6668 0.000000267
2272 0.000000303 5345 0.00000035 6670 0.000000266
2273 0 5348 0.000000303 6671 0.000000277
2375 0.000000303 6653 0.000000283 16232 0.000000303
5240 0.000000329

Annexation of Territory to the Little Lake Cemetery District:

39. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax -25-

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Page 23 of 67 ends

Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of La Mirada to the Little Lake Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
1759 0.000044686 6877 0.000044686 12403 0.000044228
1762 0.000044686 6879 0.000044686 12404 0.000044228
1763 0.000044686 6880 0.000044686 12405 0.000044156
1764 0.000044686 6882 0.000044686 12428 0.000044686
1769 0.000044686 6886 0.000044245 12429 0.000044686
3524 0.000044686 6887 0.000044686 13056 0.000044686
3525 0.000044686 6888 0.000044686 13057 0.000044686
3526 0.000044686 6897 0.000044686 13340 0.000044686
3527 0.000044686 6903 0.000044686 13474 0.000045404
3535 0.000044686 6908 0.000044686 13475 0.000045404
3538 0.000044686 6910 0.000044686 13476 0.000045404
3554 0.000044686 6912 0.000044686 13684 0.000044233
3555 0.000044686 11459 0.000044686 14336 0.000044228
3556 0.000044686 11460 0.000044686 15266 0.000044686
6007 0.000044686 11496 0.000044686 15456 0.000044228
6027 0.000044686 11500 0.000044686 15666 0.000044686
6395 0.000044686 11501 0.000044686 15667 0.000044686
6773 0.000044686 11502 0.000044686 15771 0.000044686
6821 0.000044686 11503 0.000044686 16084 0.000044228
6871 0.000044686 11505 0.000044686 16753 0.000044686
6872 0.000044686

40. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of La Mirada As Successor of Interest To The La Mirada-Southeast Recreation and Park District to the Little Lake Cemetery District.
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Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
1759 0.000018368 6882 0.000018369 11878 0.000015601
1762 0.00001859 6886 0.000018509 12002 0.000015601
1763 0.000018181 6887 0.000018591 12006 0.000015601
1764 0.000018398 6888 0.00001859 12058 0.000015227
1769 0.000018694 6897 0.000018369 12403 0.000018502
1831 0.000015601 6903 0.00001859 12404 0.000018503
3524 0.000018181 6908 0.000018694 12405 0.000018472
3525 0.000018178 6910 0.000018368 12428 0.000018694
3526 0.000017626 6912 0.000018083 12429 0.000018694
3527 0.00001742 9063 0.000015601 13056 0.000018694
3535 0.000018181 9080 0.000015307 13057 0.000018694
3538 0.000018398 9088 0.000015601 13083 0.00001859
3554 0.000018398 9089 0.000015601 13085 0.000018589
3555 0.000018398 9092 0.000015227 13086 0.000015601
3556 0.000018398 9094 0.000015263 13109 0.000015601
5296 0.000015944 9101 0.000014391 13340 0.000018694
6007 0.000018378 9231 0.000015601 13474 0.000018181
6395 0.00001859 10274 0.00001859 13475 0.000018398
6712 0.00001859 10275 0.00001859 13476 0.000018398
6713 0.00001859 10399 0.000015601 13667 0.000015601
6724 0.000018208 10400 0.000015601 13684 0.000018505
6766 0.000016236 10401 0.000015601 14322 0.000015264
6773 0.000018694 10563 0.000015601 14336 0.000018503
6774 0.000016236 10601 0.000015601 14714 0.000015281
6794 0.000018133 11459 0.000018694 15266 0.000018694
6795 0.000018134 11460 0.000018694 15456 0.000018503
6802 0.00001859 11496 0.000018694 15666 0.000018369
6821 0.000018369 11500 0.000018694 15667 0.00001859
6871 0.000018694 11501 0.000018694 15771 0.000018398
6872 0.000018694 11502 0.000018694 16084 0.000018503
6877 0.000018694 11503 0.000018694 16728 0.000015287
6879 0.000018694 11505 0.000018694 16753 0.000018398
6880 0.000018278
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Page 25 of 67 ends

41. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Norwalk to the Little Lake Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
3264 0.000044106 5296 0.000044106 6769 0.000044106
3342 0.000044106 6766 0.000044106 6774 0.000044106

42. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Norwalk As Successor of Interest To The Norwalk-Southeast Recreation and Park District to the Little Lake Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
1759 0.000019832 6882 0.000019832 11878 0.000016649
1762 0.000020071 6886 0.000019984 12002 0.000016843
1763 0.000019629 6887 0.000020071 12006 0.000016843
1764 0.000019863 6888 0.000020071 12058 0.00001644
1769 0.000020183 6897 0.000019832 12403 0.000020183
1831 0.000016843 6903 0.000020071 12404 0.000020183
3524 0.000019629 6908 0.000020183 12405 0.000019944
3525 0.000019626 6910 0.000019832 12428 0.000020183
3526 0.00001903 6912 0.000019523 12429 0.000020183
3527 0.000018807 9063 0.000016843 13056 0.000020183
3535 0.000019629 9080 0.000016527 13057 0.000020183
3538 0.000019863 9088 0.000016843 13083 0.00002007
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3554 0.000019863 9089 0.000016843 13085 0.00002007
3555 0.000019863 9092 0.00001644 13086 0.000016843
3556 0.000019863 9094 0.000016479 13109 0.000016843
5296 0.000017214 9101 0.000015537 13340 0.000020183
6007 0.000019842 9231 0.000016843 13474 0.000019629
6395 0.000020071 10274 0.00002007 13475 0.000019863
6712 0.00002007 10275 0.00002007 13476 0.000019863
6713 0.00002007 10399 0.000016843 13667 0.000016843
6724 0.000019658 10400 0.000016843 13684 0.000019979
6766 0.000017529 10401 0.000016843 14322 0.000016843
6773 0.000020183 10563 0.000016843 14336 0.000020183
6774 0.000017529 10601 0.000016843 14714 0.000016499
6794 0.000019577 11459 0.000020183 15266 0.000020183
6795 0.000019579 11460 0.000020183 15456 0.000020183
6802 0.00002007 11496 0.000020183 15666 0.000019832
6821 0.000019832 11500 0.000020183 15667 0.000020071
6871 0.000020183 11501 0.000020183 15771 0.000019863
6872 0.000020183 11502 0.000020183 16084 0.000020183
6877 0.000020183 11503 0.000020183 16728 0.000016504
6879 0.000020183 11505 0.000020183 16753 0.000019863
6880 0.000019734

43. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the City of Santa Fe Springs to the Little Lake Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
57 0.000041589 5917 0.000061706 9055 0.000041013
1955 0.000041589 5918 0.000061788 9056 0.000041012
5000 0.000041938 5919 0.000041591 9057 0.000041013
5036 0.000041938 5921 0.00004159 9060 0.000041013
5310 0.000041938 5922 0.000041589 9061 0.000041013
5311 0.000041939 5923 0.000041589 9068 0.000041013
5324 0.000041938 5925 0.000041589 9076 0.000041013
5325 0.000041939 5926 0.00004159 9106 0.000041012
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Page 27 of 67 ends

5333 0.000041897 5947 0.00004159 9123 0.000048548
5347 0.000041938 5951 0.000041589 9124 0.000044554
5352 0.000041938 6141 0.000041589 9634 0.000041421
5356 0.000041954 6142 0.000041589 11289 0.000041938
5360 0.000041938 6703 0.000041589 13081 0.000041938
5365 0.000041937 9010 0.000041012 15145 0.000041012
5366 0.000041938 9015 0.000041013 15148 0.000044554
5909 0.000041589 9042 0.000040386 15171 0.000041013
5910 0.000041592 9044 0.000039547 15172 0.000041013
5911 0.00004162 9047 0.000041012 15173 0.000041589
5912 0.000041589 9049 0.000041013 15627 0.000041013
5913 0.000041587 9051 0.000041013 15691 0.000041938
5914 0.000041589 9053 0.000041013 15723 0.000041591
5915 0.000041591

44. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the County Sanitation District No. 2 of Los Angeles County to the Little Lake Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
3264 0.00000891 3342 0.000008965 6769 0.000007407

45. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the County Sanitation District No. 18 of Los Angeles County to the Little Lake Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
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57 0.000010242 6703 0.000010242 11460 0.000008064
162 0.000008264 6712 0.000008002 11496 0.000008063
270 0.000008264 6713 0.000008002 11500 0.000008063
1759 0.000007873 6724 0.000007837 11501 0.000008064
1762 0.000008002 6766 0.000008152 11502 0.000008063
1763 0.000007763 6773 0.000008063 11503 0.000008064
1764 0.00000789 6774 0.000008152 11505 0.000008063
1769 0.000008063 6794 0.000007735 11512 0.000008264
1831 0.000007722 6795 0.000007735 11543 0.000008545
1955 0.000010242 6802 0.000008002 11878 0.000007722
3503 0.000008253 6821 0.000007873 11999 0.000008264
3504 0.000008252 6871 0.000008063 12000 0.000007985
3508 0.000008545 6872 0.000008063 12001 0.000008264
3511 0.000008545 6877 0.000008064 12002 0.000007722
3517 0.000008281 6879 0.000008063 12003 0.000007985
3523 0.000008279 6880 0.00000782 12006 0.000007722
3524 0.000007763 6882 0.000007873 12007 0.000008011
3525 0.000007756 6886 0.000007946 12056 0.000008264
3526 0.000007439 6887 0.000008003 12057 0.000008012
3527 0.000007317 6888 0.000008002 12058 0.000007468
3528 0.000008253 6897 0.000007873 12403 0.00000798
3529 0.000008545 6903 0.000008002 12404 0.000007952
3530 0.000008545 6908 0.000008063 12405 0.000007967
3531 0.00000828 6910 0.000007873 12428 0.000008063
3532 0.000008354 6912 0.000007706 12429 0.000008063
3533 0.000008357 7696 0.000008264 12967 0.000008545
3534 0.000008357 8405 0.000008264 12968 0.000008545
3535 0.000007764 8409 0.000008264 13050 0.000008264
3536 0.00000828 8601 0.000008264 13055 0.000008264
3538 0.00000789 9010 0.000010094 13056 0.000008063
3540 0.000008545 9015 0.000010094 13057 0.000008064
3541 0.000008545 9042 0.000009933 13061 0.000008545
3542 0.000008545 9044 0.000009717 13078 0.000008264
3543 0.000008545 9047 0.000010094 13081 0.000010332
3544 0.000008545 9049 0.000010094 13083 0.000008002
3545 0.000008358 9051 0.000010094 13084 0.00000855
3546 0.000008545 9053 0.000010094 13085 0.000008001
3547 0.00000828 9054 0.000008264 13086 0.000007722
3548 0.000008545 9055 0.000010094 13109 0.000007722
3549 0.00000855 9056 0.000010094 13340 0.000008064
3550 0.000008251 9057 0.000010094 13408 0.000008347
3552 0.000008545 9060 0.000010094 13409 0.000008347
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Page 29 of 67 ends

3554 0.00000789 9061 0.000010094 13410 0.000008066
3555 0.00000789 9063 0.000007722 13411 0.000008059
3556 0.00000789 9068 0.000010094 13474 0.000007763
3558 0.00000833 9070 0.000007948 13475 0.00000789
3562 0.00000855 9071 0.000007948 13476 0.00000789
3563 0.000008545 9073 0.000007985 13561 0.000008066
3564 0.000008545 9075 0.000007985 13667 0.000007553
3566 0.000008254 9076 0.000010094 13668 0.000008359
3567 0.000008545 9077 0.000008264 13684 0.000007953
3568 0.000008279 9078 0.000008264 13711 0.000008083
3569 0.000008545 9079 0.000008022 13729 0.000008359
3572 0.000008545 9080 0.000007523 13846 0.000008359
3581 0.000008545 9081 0.000008264 13876 0.000008085
3582 0.000008545 9082 0.000008264 13940 0.000008083
3583 0.000008545 9083 0.000008045 14313 0.000008361
3595 0.000008545 9088 0.000007722 14317 0.000008361
3600 0.000008545 9089 0.000007721 14321 0.000008086
3614 0.000008545 9092 0.000007468 14322 0.000007555
3618 0.000008545 9094 0.000007493 14336 0.000007952
3642 0.000008545 9095 0.000008011 14445 0.000008086
3643 0.000008545 9101 0.000006901 14627 0.000008361
3644 0.000008545 9106 0.000010094 14670 0.000008378
3741 0.000008545 9107 0.000008014 14713 0.000008378
3742 0.000008545 9109 0.000008012 14714 0.000007564
5000 0.000010332 9112 0.000008011 14807 0.000008095
5296 0.000007937 9115 0.000008011 15037 0.000008375
5310 0.000010332 9116 0.00000801 15042 0.000008099
5311 0.000010332 9117 0.000008012 15050 0.000008099
5324 0.000010332 9123 0.000008264 15052 0.000008102
5325 0.000010332 9124 0.000008264 15067 0.000008378
5333 0.00001032 9195 0.000008264 15145 0.000010094
5347 0.000010332 9196 0.000008264 15148 0.000008264
5352 0.000010332 9197 0.000008264 15170 0.000008099
5356 0.000010336 9211 0.000008264 15171 0.000010094
5360 0.000010332 9223 0.000007985 15172 0.000010094
5365 0.000010332 9225 0.000008264 15173 0.000010242
5366 0.000010332 9231 0.000007722 15203 0.000008375
5909 0.000010242 9232 0.000008264 15266 0.000008064
5910 0.00001024 9233 0.000008264 15456 0.000007952
5911 0.000010261 9238 0.000008264 15521 0.000008102
5912 0.000010242 9245 0.000008264 15627 0.000010094
5913 0.000010242 9246 0.000008264 15628 0.000008099
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Page 30 of 67 ends

5914 0.000010242 9265 0.000008264 15666 0.000007873
5915 0.000010243 9266 0.000008264 15667 0.000008002
5917 0.000009791 9634 0.000010199 15678 0.000008264
5918 0.000009831 9798 0.000008264 15691 0.000010332
5919 0.000010242 10204 0.000008264 15703 0.000008545
5921 0.000010242 10274 0.000008002 15723 0.000010242
5922 0.000010242 10275 0.000008002 15761 0.000008264
5923 0.000010242 10333 0.000008545 15771 0.00000789
5925 0.000010242 10399 0.000007722 15836 0.000007985
5926 0.000010242 10400 0.000007722 16084 0.000007952
5947 0.000010242 10401 0.000007722 16401 0.000008103
5951 0.000010242 10541 0.000008264 16515 0.000008503
6007 0.000007879 10544 0.000008545 16590 0.000008373
6027 0.000008476 10557 0.000008264 16728 0.000007566
6034 0.000008678 10558 0.000008545 16742 0.000008545
6041 0.000008458 10562 0.000008264 16753 0.00000789
6045 0.000008407 10563 0.000007722 16816 0.000008373
6141 0.000010242 10564 0.000008545 16821 0.000008097
6142 0.000010242 10601 0.000007722 16824 0.000008097
6395 0.000008002 11289 0.000010332 16829 0.000008373
6538 0.000008264 11459 0.000008063 16830 0.000008373

46. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Greater Los Angeles County Vector Control District to the Little Lake Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
57 0.000000305 6538 0.000000241 11459 0.000000235
162 0.000000241 6703 0.000000305 11460 0.000000235
270 0.000000241 6712 0.000000233 11496 0.000000235
1759 0.000000228 6713 0.000000233 11500 0.000000235
1762 0.000000233 6724 0.000000228 11501 0.000000235
1763 0.000000225 6766 0.000000237 11502 0.000000235
1764 0.000000229 6769 0 11503 0.000000235
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Page 31 of 67 ends

1769 0.000000235 6773 0.000000235 11505 0.000000235
1831 0.000000224 6774 0.000000237 11512 0.000000241
1955 0.000000305 6794 0.000000224 11543 0.00000025
3264 0.000000234 6795 0.000000224 11878 0.000000224
3342 0.000000284 6802 0.000000233 11999 0.000000241
3503 0.000000241 6821 0.000000228 12000 0.000000232
3504 0.000000241 6871 0.000000235 12001 0.000000241
3508 0.00000025 6872 0.000000235 12002 0.000000224
3511 0.00000025 6877 0.000000235 12003 0.000000232
3517 0.000000242 6879 0.000000235 12006 0.000000224
3523 0.000000242 6880 0.000000227 12007 0.000000233
3524 0.000000225 6882 0.000000228 12056 0.000000241
3525 0.000000227 6886 0.00000023 12057 0.000000233
3526 0.000000215 6887 0.000000233 12058 0.000000215
3527 0.000000212 6888 0.000000233 12403 0.000000232
3528 0.000000241 6897 0.000000228 12404 0.000000231
3529 0.00000025 6903 0.000000233 12405 0.000000232
3530 0.00000025 6908 0.000000235 12428 0.000000235
3531 0.000000242 6910 0.000000228 12429 0.000000235
3532 0.000000242 6912 0.000000223 12967 0.00000025
3533 0.000000244 7696 0.000000241 12968 0.00000025
3534 0.000000244 8405 0.000000241 13050 0.000000241
3535 0.000000225 8409 0.000000241 13055 0.000000241
3536 0.000000242 8601 0.000000241 13056 0.000000235
3538 0.000000229 9010 0.0000003 13057 0.000000235
3540 0.00000025 9015 0.0000003 13061 0.00000025
3541 0.00000025 9042 0.000000295 13078 0.000000241
3542 0.00000025 9044 0.000000288 13081 0.000000308
3543 0.00000025 9047 0.0000003 13083 0.000000233
3544 0.00000025 9049 0.0000003 13084 0.000000248
3545 0.000000245 9051 0.0000003 13085 0.000000233
3546 0.00000025 9053 0.0000003 13086 0.000000224
3547 0.000000242 9054 0.000000241 13109 0.000000224
3548 0.00000025 9055 0.0000003 13340 0.000000235
3549 0.000000248 9056 0.0000003 13408 0.000000244
3550 0.000000241 9057 0.0000003 13409 0.000000244
3552 0.00000025 9060 0.0000003 13410 0.000000235
3554 0.000000229 9061 0.0000003 13411 0.000000235
3555 0.000000229 9063 0.000000224 13474 0.000000225
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3556 0.000000229 9068 0.0000003 13475 0.000000229
3558 0.000000243 9070 0.000000231 13476 0.000000229
3562 0.000000248 9071 0.000000231 13561 0.000000235
3563 0.00000025 9073 0.000000232 13667 0.000000219
3564 0.00000025 9075 0.000000232 13668 0.000000245
3566 0.000000241 9076 0.0000003 13684 0.000000231
3567 0.00000025 9077 0.000000241 13711 0.000000236
3568 0.000000242 9078 0.000000241 13729 0.000000245
3569 0.00000025 9079 0.000000233 13846 0.000000245
3572 0.00000025 9080 0.000000218 13876 0.000000236
3581 0.00000025 9081 0.000000241 13940 0.000000236
3582 0.00000025 9082 0.000000241 14313 0.000000245
3583 0.00000025 9083 0.000000234 14317 0.000000245
3595 0.00000025 9088 0.000000224 14321 0.000000236
3600 0.00000025 9089 0.000000223 14322 0.000000219
3614 0.00000025 9092 0.000000215 14336 0.000000231
3618 0.00000025 9094 0.000000216 14445 0.000000236
3642 0.00000025 9095 0.000000233 14627 0.000000245
3643 0.00000025 9101 0.000000197 14670 0.000000245
3644 0.00000025 9106 0.0000003 14713 0.000000245
3741 0.00000025 9107 0.000000234 14714 0.000000219
3742 0.00000025 9109 0.000000233 14807 0.000000236
5000 0.000000308 9112 0.000000233 15037 0.000000245
5036 0.000000308 9115 0.000000233 15042 0.000000236
5296 0.000000243 9116 0.000000233 15050 0.000000236
5310 0.000000308 9117 0.000000233 15052 0.000000236
5311 0.000000308 9123 0.000000241 15067 0.000000245
5324 0.000000308 9124 0.000000241 15145 0.0000003
5325 0.000000308 9195 0.000000241 15148 0.000000241
5333 0.000000314 9196 0.000000241 15170 0.000000236
5347 0.000000308 9197 0.000000241 15171 0.0000003
5352 0.000000308 9211 0.000000241 15172 0.0000003
5356 0.000000308 9223 0.000000232 15173 0.000000305
5360 0.000000308 9225 0.000000241 15203 0.000000245
5365 0.000000308 9231 0.000000224 15266 0.000000235
5366 0.000000308 9232 0.000000241 15456 0.000000231
5909 0.000000305 9233 0.000000241 15521 0.000000236
5910 0.000000303 9238 0.000000241 15627 0.0000003
5911 0.000000293 9245 0.000000241 15628 0.000000236
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5912 0.000000305 9246 0.000000241 15666 0.000000228
5913 0.000000305 9265 0.000000241 15667 0.000000233
5914 0.000000305 9266 0.000000241 15678 0.000000241
5915 0.000000305 9634 0.000000304 15691 0.000000308
5917 0.000000285 9798 0.000000241 15703 0.00000025
5918 0.000000295 10204 0.000000241 15723 0.000000305
5919 0.000000305 10274 0.000000233 15761 0.000000241
5921 0.000000305 10275 0.000000233 15771 0.000000229
5922 0.000000305 10333 0.00000025 15836 0.000000232
5923 0.000000305 10399 0.000000224 16084 0.000000231
5925 0.000000305 10400 0.000000224 16401 0.000000236
5926 0.000000305 10401 0.000000224 16515 0.000000249
5947 0.000000305 10541 0.000000241 16590 0.000000245
5951 0.000000305 10544 0.00000025 16728 0.000000219
6007 0.000000229 10557 0.000000241 16742 0.00000025
6027 0.00000025 10558 0.00000025 16753 0.000000229
6034 0.000000254 10562 0.000000241 16816 0.000000245
6041 0.000000247 10563 0.000000224 16821 0.000000236
6045 0.000000246 10564 0.00000025 16824 0.000000236
6141 0.000000305 10601 0.000000224 16829 0.000000245
6142 0.000000305 11289 0.000000308 16830 0.000000245
6395 0.000000233

47. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the La Habra Heights County Water District to the Little Lake Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
8405 0 9223 0 9225 0

48. For the fiscal year commencing after the filing of the statement of boundary change for Reorganization 2021-03 with the Board of Equalization pursuant to -36-

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Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of annual property tax increment attributable to each respective Tax Rate Area in the Reorganization 2021-03 territory shall be transferred from the Water Replenishment District of Southern California to the Little Lake Cemetery District.

Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
Tax
Rate
Area
Annual Tax
Increment
Ratio Transfer
to the Little
Lake Cemetery
District
57 0.000000135 6538 0.000000113 11459 0.000000111
270 0.000000113 6703 0.000000135 11460 0.00000011
1759 0.000000109 6712 0.00000011 11496 0.000000111
1762 0.00000011 6713 0.00000011 11500 0.000000111
1763 0.000000107 6724 0.000000108 11501 0.00000011
1764 0.000000109 6766 0.000000112 11502 0.000000111
1769 0.000000111 6769 0 11503 0.00000011
1831 0.000000107 6773 0.000000111 11505 0.000000111
1955 0.000000135 6774 0.000000112 11512 0.000000113
3264 0.000000132 6794 0.000000107 11543 0.000000116
3342 0.000000091 6795 0.000000107 11878 0.000000107
3503 0.000000113 6802 0.00000011 11999 0.000000113
3504 0.000000113 6821 0.000000109 12000 0.00000011
3508 0.000000116 6871 0.000000111 12001 0.000000113
3511 0.000000116 6872 0.000000111 12002 0.000000107
3517 0.000000113 6877 0.00000011 12003 0.00000011
3523 0.000000113 6879 0.000000111 12006 0.000000107
3524 0.000000107 6880 0.000000108 12007 0.00000011
3525 0.000000109 6882 0.000000109 12056 0.000000114
3526 0.000000104 6886 0.000000107 12057 0.00000011
3527 0.000000107 6887 0.00000011 12058 0.000000104
3528 0.000000113 6888 0.00000011 12403 0.00000011
3529 0.000000116 6897 0.000000109 12404 0.000000109
3530 0.000000116 6903 0.00000011 12405 0.000000109
3531 0.000000113 6908 0.000000111 12428 0.000000111
3532 0.000000116 6910 0.000000109 12429 0.000000111
3533 0.000000114 6912 0.000000107 12967 0.000000116
3534 0.000000114 7696 0.000000113 12968 0.000000116
3535 0.000000107 8405 0.000000113 13050 0.000000113
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3536 0.000000113 8409 0.000000113 13055 0.000000113
3538 0.000000109 8601 0.000000113 13056 0.000000111
3540 0.000000116 9010 0.000000133 13057 0.00000011
3541 0.000000116 9015 0.000000133 13061 0.000000116
3542 0.000000116 9042 0.000000132 13078 0.000000113
3543 0.000000116 9044 0.000000129 13081 0.000000136
3544 0.000000116 9047 0.000000133 13083 0.00000011
3545 0.000000117 9049 0.000000133 13084 0.000000115
3546 0.000000116 9051 0.000000133 13085 0.00000011
3547 0.000000113 9053 0.000000133 13086 0.000000107
3548 0.000000116 9054 0.000000114 13109 0.000000107
3549 0.000000115 9055 0.000000133 13340 0.00000011
3550 0.000000113 9056 0.000000133 13408 0.000000113
3552 0.000000116 9057 0.000000133 13409 0.000000113
3554 0.000000109 9060 0.000000133 13410 0.00000011
3555 0.000000109 9061 0.000000133 13411 0.00000011
3556 0.000000109 9063 0.000000107 13474 0.000000107
3558 0.000000114 9068 0.000000133 13475 0.000000109
3562 0.000000115 9070 0.00000011 13476 0.000000109
3563 0.000000116 9071 0.000000109 13561 0.00000011
3564 0.000000116 9073 0.00000011 13667 0.000000105
3566 0.000000113 9075 0.00000011 13668 0.000000114
3567 0.000000116 9076 0.000000133 13684 0.000000109
3568 0.000000113 9077 0.000000113 13711 0.000000111
3569 0.000000116 9078 0.000000113 13729 0.000000114
3572 0.000000116 9079 0.00000011 13846 0.000000114
3581 0.000000116 9080 0.000000104 13876 0.000000111
3582 0.000000116 9081 0.000000113 13940 0.000000111
3583 0.000000116 9082 0.000000114 14313 0.000000114
3595 0.000000116 9083 0.000000111 14317 0.000000114
3600 0.000000116 9088 0.000000107 14321 0.000000111
3614 0.000000116 9089 0.000000107 14322 0.000000105
3618 0.000000116 9092 0.000000104 14336 0.000000109
3642 0.000000116 9094 0.000000104 14445 0.000000111
3643 0.000000116 9095 0.00000011 14627 0.000000114
3644 0.000000116 9101 0.000000098 14670 0.000000114
3741 0.000000116 9106 0.000000133 14713 0.000000114
3742 0.000000116 9107 0.00000011 14714 0.000000105
5000 0.000000136 9109 0.00000011 14807 0.000000111
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5036 0.000000136 9112 0.00000011 15037 0.000000114
5296 0.000000126 9115 0.00000011 15042 0.000000111
5310 0.000000136 9116 0.00000011 15050 0.000000111
5311 0.000000136 9117 0.00000011 15052 0.000000111
5324 0.000000136 9123 0.000000113 15067 0.000000114
5325 0.000000136 9124 0.000000114 15145 0.000000133
5333 0.00000013 9195 0.000000113 15148 0.000000114
5347 0.000000136 9196 0.000000113 15170 0.000000111
5352 0.000000136 9197 0.000000113 15171 0.000000133
5356 0.000000137 9211 0.000000113 15172 0.000000133
5360 0.000000136 9223 0.00000011 15173 0.000000135
5365 0.000000136 9225 0.000000113 15203 0.000000114
5366 0.000000136 9231 0.000000107 15266 0.00000011
5909 0.000000135 9232 0.000000113 15456 0.000000109
5910 0.000000138 9233 0.000000113 15521 0.000000111
5911 0.000000145 9238 0.000000113 15627 0.000000133
5912 0.000000135 9245 0.000000113 15628 0.000000111
5913 0.000000135 9246 0.000000113 15666 0.000000109
5914 0.000000135 9265 0.000000113 15667 0.00000011
5915 0.000000135 9266 0.000000113 15678 0.000000113
5917 0.00000014 9634 0.000000134 15691 0.000000136
5918 0.000000124 9798 0.000000113 15703 0.000000116
5919 0.000000135 10204 0.000000113 15723 0.000000135
5921 0.000000135 10274 0.00000011 15761 0.000000113
5922 0.000000135 10275 0.00000011 15771 0.000000109
5923 0.000000135 10333 0.000000116 15836 0.00000011
5925 0.000000135 10399 0.000000107 16084 0.000000109
5926 0.000000135 10400 0.000000107 16401 0.000000111
5947 0.000000135 10401 0.000000107 16515 0.000000115
5951 0.000000135 10541 0.000000113 16590 0.000000114
6007 0.000000109 10544 0.000000116 16728 0.000000105
6027 0.000000117 10557 0.000000113 16742 0.000000116
6034 0.000000117 10558 0.000000116 16753 0.000000109
6041 0.000000115 10562 0.000000113 16816 0.000000114
6045 0.000000115 10563 0.000000107 16821 0.000000111
6141 0.000000135 10564 0.000000116 16824 0.000000111
6142 0.000000135 10601 0.000000107 16829 0.000000114
6395 0.00000011 11289 0.000000136 16830 0.000000114

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49. 3. There shall be no additional transfer of property taxes as a result of Reorganization No. 2021-03.

50. If at any time after the effective date of this resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect, thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that which is proper, shall be refunded to the appropriate agency.

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Artesia Cemetery District

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Downey Cemetery District

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Little Lake Cemetery District

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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The foregoing resolution was on the _______day of __________________________, 202_, adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts.

EDWARD YEN, Executive Officer
Clerk of the Board of Supervisors
of the County of Los Angeles

By _________________________
Deputy

APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel

By_____________________________
Deputy

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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(Signed in Counterpart)
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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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(Signed in Counterpart)
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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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(Signed in Counterpart)
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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Vehicle Parking District No. 1

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Vehicle Parking District No. 1

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Vehicle Parking District No. 1

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Vehicle Parking District No. 1

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Vehicle Parking District No. 1

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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(Signed in Counterpart)
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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Vehicle Parking District No. 1

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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(Signed in Counterpart)
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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Vehicle Parking District No. 1

________________________________
Mayor
City of Bellflower, California

ATTEST:

_________________________________
City Clerk
City of Bellflower

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Bell Gardens, California

ATTEST:

_________________________________
City Clerk
City of Cerritos

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PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Cerritos, California

ATTEST:

_________________________________
City Clerk
City of Cerritos

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-60-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 46 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Los Cerritos Coyotes Lighting and
Landscaping District

________________________________
Mayor
City of Cerritos, California

ATTEST:

_________________________________
City Clerk
City of Cerritos

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-61-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 47 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Downey, California

ATTEST:

_________________________________
City Clerk
City of Downey

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-62-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 48 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Downey Lighting District Zone I

________________________________
Mayor
City of Downey, California

ATTEST:

_________________________________
City Clerk
City of Downey

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-63-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 49 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Downey Lighting District Zone II

________________________________
Mayor
City of Downey, California

ATTEST:

_________________________________
City Clerk
City of Downey

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-64-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 50 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Downey Lighting District Zone IV

________________________________
Mayor
City of Downey, California

ATTEST:

_________________________________
City Clerk
City of Downey

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-65-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 51 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Downey Lighting District Zone V

________________________________
Mayor
City of Downey, California

ATTEST:

_________________________________
City Clerk
City of Downey

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-66-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 52 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Lakewood, California

ATTEST:

_________________________________
City Clerk
City of Lakewood

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-67-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 53 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of La Mirada, California

ATTEST:

_________________________________
City Clerk
City of La Mirada

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-68-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 54 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

City of La Mirada As Successor of
Interest To The La Mirada-Southeast
Recreation and Park District

________________________________
Mayor
City of La Mirada, California

ATTEST:

_________________________________
City Clerk
City of La Mirada

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-69-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 55 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Norwalk, California

ATTEST:

_________________________________
City Clerk
City of Norwalk

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-70-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 56 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

City of Norwalk As Successor of Interest
To The Norwalk-Southeast Recreation
and Park District

________________________________
Mayor
City of Norwalk, California

ATTEST:

_________________________________
City Clerk
City of Norwalk

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-71-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 57 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Paramount, California

ATTEST:

_________________________________
City Clerk
City of Paramount

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-72-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 58 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of Santa Fe Springs, California

ATTEST:

_________________________________
City Clerk
City of Santa Fe Springs

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-73-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 59 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

________________________________
Mayor
City of South Gate, California

ATTEST:

_________________________________
City Clerk
City of South Gate

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-74-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 60 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Greater Los Angeles County Vector Control District

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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(Signed in Counterpart)
-75-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 61 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

County Sanitation District No. 1
of Los Angeles County

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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(Signed in Counterpart)
-76-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 62 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

County Sanitation District No. 2
of Los Angeles County

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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(Signed in Counterpart)
-77-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 63 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

County Sanitation District No. 3
of Los Angeles County

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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(Signed in Counterpart)
-78-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 64 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

County Sanitation District No. 18
of Los Angeles County

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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(Signed in Counterpart)
-79-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 65 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

County Sanitation District No. 19
of Los Angeles County

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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(Signed in Counterpart)
-80-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 66 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

La Habra Heights County Water District

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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(Signed in Counterpart)
-81-

Joint Resolution
Artesia, Downey, Little Lake Cemetery Districts Reorganization 2021-03

Page 67 of 67 ends

PASSED, APPROVED AND ADOPTED this _______ day of _____________________, 202_ by the following vote:

AYES: ABSENT:

NOES: ABSTAIN:

Water Replenishment District
of Southern California

________________________________
Signature

________________________________
Print Name and Title

ATTEST:

_________________________________
Secretary

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(Signed in Counterpart)
-82-

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0 0.75 1.50.375 Miles
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Legend

DOWNEY CEMETERY DISTRICT SOI
Proposed Annexation to Downey Cemetery District
Proposed Reorganizations
Revised: June 15, 2023 C:\GIS\Ancient Maps\Alisha\CD_Downey_2020_05_05_2022

DOWNEYCEMETERYDISTRICT
(Annexation to Downey Cemetery District and Detachment from Little Lake Cemetery District) #4 202.5 acres
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Page 1 of 2 ends

14-L
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works Kimberly Gonzalez, Public Works Coordinator
SUBJECT:Consideration and possible action to adopt Resolution No. 24-47 – A Resolution approving the Plans and Specifications for the Aquatic Center Outdoor Pool Improvements (Specifications No. 23/24-06), pursuant to Government Code § 830.6, and establishing a project payment account; and authorizing solicitation of bids.

DATE:August 12, 2024

EXECUTIVE SUMMARY
This action would approve the Plans and Specifications, preserve the City’s right to assert design immunity to any claim for damages arising from the design, and authorize the Public Works Department to advertise for bids for the construction of the Aquatic Center Outdoor Pool Improvements (Specifications No. 23/24-06). 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. 24-47; or
2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
The Engineer’s estimate of cost plus contingency to perform the work under Specifications No. 22/23-06 is $765,000. Funds are budgeted in Account Nos. 011- 47220-9000 and 030-47220-9000 (Aquatic Center Improvements) in the total amount of $600,000. A budget amendment may be required at the time of the bid award or contract execution from the Park Facilities Fund, General Fund and/or any other viable funding sources.
-1-
1: BELLF
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Staff Report – Approval of Plans & Specifications for the Aquatic Center Outdoor Pool Improvements, Spec. No. 23/24-06
August 12, 2024

Page 2 of 2 ends

DISCUSSION
This project will be for deck repairs, filter replacements and replastering at the Aquatic Center outdoor pool at Thompson Park. The design and technical specifications for the repairs were prepared by BOA, Inc. and have been approved by the LA County Health Department and the City’s Building & Safety Division. Upon City Council approval of the Plans and Specifications for this project, staff will solicit bids for the construction of the improvements.

CEQA
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).

ATTACHMENTS
Resolution No. 24-47....................................................................................................... 3 Plans & Specifications ..................................................................................................... 5 -2-

Page 1 of 2 ends

CITY OF BELLFLOWER
RESOLUTION NO. 24-47

A RESOLUTION APPROVING THE PLANS AND

SPECIFICATIONS FOR THE AQUATIC CENTER

OUTDOOR POOL IMPROVEMENTS (SPECIFICATIONS
NO. 23/24-06) 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 plans and specifications for the Aquatic Center Outdoor Pool Improvements (“Project”); B.The Director of Public Works reviewed the completed Plans and Specifications for the Project and agrees that the plans and specifications are complete and the Project may be completed; C. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the Plans and
Specifications and completion of the Project; and
D. The City reviewed the project’s environmental impacts under the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14 §§ 15000, et seq.). The Project is categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).

SECTION 2.Design Immunity; Authorization.

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

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

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

D. The Director of Public Works, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the Plans and Specifications approved by this Resolution.
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City of Bellflower
Resolution No. 24-47

Page 2 of 2 ends

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

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

SECTION 3. Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies at the time of contract execution 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 12TH DAY OF AUGUST 2024.
____________________________
Dan Koops, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_______________________________
Karl H. Berger, City Attorney
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CITY OF BELLFLOWER

BELLFLOWER, CALIFORNIA
PLANS

SPECIFICATIONS

AND CONTRACT DOCUMENTS

FOR THE

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
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: Steve Gose
(562) 804-1424, ext. 2256
BIDS DUE: THURSDAY, SEPTEMBER 12, 2024 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-
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CITY OF BELLFLOWER

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
SECTION 1 -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) Bidder’s Statement of Past Contract Disqualifications ................................................. B-1 Insurance Requirements .............................................................................................. B-2 Bid ................................................................................................................................ B-4 Project Bid Sheet.......................................................................................................... B-5 Bid Bond ....................................................................................................................... B-7 List of Subcontractors ................................................................................................... B-8 Bidders General Information ........................................................................................ B-9 Worker’s Compensation Insurance Certificate ........................................................... B-11 Non Collusion Declaration .......................................................................................... B-15

CONTRACT DOCUMENTS
Agreement ................................................................................................................... C-1 Faithful Performance Bond ...................................................................................... FPB-1 Labor and Materials Bond .................................................................................... L&MB-1 Declaration of Sufficiency of Funds……………………………………………………..DSF-1 GUARANTY ................................................................................................................ G-1 STANDARD SPECIFICATIONS ................................................................................ SS-1 PCC § 9204 .................................................................................................... ATTACHED TECHNICAL PROVISIONS ........................................................................................TP-1 -6-

N-1

NOTICE INVITING SEALED BIDS

FOR THE AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS

IN THE CITY OF BELLFLOWER
SPECIFICATIONS NO. 23/24-06
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, SEPTEMBER12, 2024
at which time they will be publicly opened. 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 an AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS and related work as shown on the plans on file with the City’s Public Works Department. The Engineer’s Estimate of cost is $765,000. Bids will be publicly opened on Thursday, September 12, 2024.

Work on the Project must be performed in strict conformity with Specification No. 23/24- 06 as adopted by the City’s City Council on August 12, 2024, which is filed with the City’s Public Works Department. Copies of these plans and specifications may be obtained by prospective bidders from the Public Works Department, 9944 Flora Vista Street, Bellflower, CA 90706 for a non-refundable fee of $35.00. Plans and specifications can be mailed for an additional non-refundable fee of $10.00 per set.

Mandatory jobsite walk will be held Thursday, August 29, 2024 at 10:30 AM at 14001 Bellflower Blvd., Bellflower, CA 90706. Prospective bidders will have opportunity to examine the project site and are encouraged to raise any questions associated with the project and site. Attendance of the jobsite walk is mandatory for parties wishing to submit a bid as the Prime Contractor.

The terms and conditions for bidding on the Project are described in the attached 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 California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov .

Note that the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be nonresponsive. -7-

Notice Inviting Sealed Bids
Specifications No. 23/24-06
N-2
[IF APPLICABLE: The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375.] 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 12th day of August 2024.

CITY OF BELLFLOWER, CALIFORNIA
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BIDDING INSTRUCTIONS
Specifications No. 23/24-06
I-1

CITY OF BELLFLOWER

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06

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 including unit price items or Alternates.

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

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

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

2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents.
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BIDDING INSTRUCTIONS
Specifications No. 23/24-06
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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. -10-

BIDDING INSTRUCTIONS
Specifications No. 23/24-06
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3.4 CARB IUOR Fleet Certification. Bidders must submit a completed California Air Resources Board In-Use Off-Road Diesel-Fueled Fleets Certification, with Bidder’s Certificate of Reported Compliance included if applicable. City will reject a bid from a Bidder that does not indicate conformance to the California Air Resources Board (“CARB”) In-Use Off- Road Diesel-Fueled Fleets requirements (13 Cal. Code of Regs. sections 2449, 2449.1 and 2449.2).
4 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.

4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s Representative errors, inconsistencies, or ambiguities discovered.

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

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

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

6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law. 7 ADDENDA.
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BIDDING INSTRUCTIONS
Specifications No. 23/24-06
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7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda.

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

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

7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid.
8 PRE-BID CONFERENCE. Bidder will attend a Pre-Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre-Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre-Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected. 9 FORM AND STYLE OF BIDS

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

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

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

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

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

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

9.6 The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically -12-

BIDDING INSTRUCTIONS
Specifications No. 23/24-06
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agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished must be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes must be covered as extra work.

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

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

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

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

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

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

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

10.4.3 All Bids have been rejected.
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BIDDING INSTRUCTIONS
Specifications No. 23/24-06
I-6

10.5 The Bid Form, Bid Security, and all other documents required to be submitted with the Bid will be enclosed in a sealed opaque envelope. The envelope will be addressed to the City Clerk. The envelope will be identified with the AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS, Bidder’s name and address, and, if applicable, the designated portion of the Project for which the Bid is submitted.

If the Bid is sent by mail, the sealed envelope will be enclosed in a separate mailing envelope labeled as follows: “SEALED BID ENCLOSED.”

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

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

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

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

Notice of such action will be given to the City in writing and signed by the Bidder’s authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.

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

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

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

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

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

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Specifications No. 23/24-06
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14 AWARD

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

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

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

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

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

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

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

14.5.1 Three originals of the Agreement signed by Bidder.

14.5.2 Three originals of the Labor and Materials Bond.

14.5.3 Three originals of the Faithful Performance Bond.

14.5.4 Certificates of Insurance on form provided by the City.

14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders’ company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references.
-15-

BIDDING INSTRUCTIONS
Specifications No. 23/24-06
I-8

14.5.6 Preliminary Contract Schedule.

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

14.5.8 Cost Breakdown.

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

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

14.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder’s Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids. -16-

PROPOSAL
Specifications No. 23/24-06
B-1

PROPOSAL

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation.

1.Have you ever been disqualified from any government contract? Yes o No o

2.If yes, explain the circumstances:
_________________________________
Bidder’s Signature
-17-

PROPOSAL
Specifications No. 23/24-06
B-2

INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial general liability:$2,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.

Commercial general liability insurance must meet or exceed the requirements of ISO- CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.

Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

The bidder 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. Unless otherwised authorized by the City, the bidder 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” in any notice provisions. Determinations regarding compliance with the Bellflower Insurance Policies are made by the City Manager, or designee.

Should a bidder seek to utilize an umbrella insurance policy to meet the City’s insurance requirements, then it must submit a copy of its insurance policy with its bid. Such insurance policy may be labeled “Confidential – Proprietary Information” and will be utilized by the City solely to determine whether the insurance is equivalent to that required by the City’s Insurance Policies.
-18-

PROPOSAL
Specifications No. 23/24-06
B-3
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 contractor. Failure to return this form may render the bidder’s proposal “nonresponsive.” _____________________________________________
Date Bidder
-19-

PROPOSAL
Specifications No. 23/24-06
B-4
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 (as defined in Article 4 if the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled:

FOR CONSTRUCTION OF

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS

IN THE CITY OF BELLFLOWER
SPECIFICATION NO. 23/24-06
Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security.

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

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

Number ______________Date ____________________
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 the provisions of Section 3700 of the Labor Code, 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:
-20-

PROPOSAL
Specifications No. 23/24-06
B-5

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

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
in Bellflower, California
Item
No.Description Estimated
Quantity Unit Price Total
Amount

1.Mobilization (Cannot exceed 5% of Total
Bid Price)1 LS

2.Remove existing pool deck slab; complete 1 LS

3.Install new pool deck slab; complete 1 LS

4.Remove and reinstall all existing equipment
sleeves and rope anchors; complete 1 LS

5.Install new tile markings; complete 1 LS

6.Remove plaster at entire pool; complete 1 LS

7.Install new plaster at entire pool, including
new drain covers; complete 1 LS

8. Remove and reinstall existing diving board
in same location with new hardware bolts
and anchors to match existing, complete.
1 LS

9. Install new grab rail sleeves into pool deck
slab to match existing and install new grab
rails at (6) locations; complete
1 LS

10.Install new starting blocks into existing
reinstalled anchors; complete 1 LS

11.Replace all pool deck floor drains and
concrete slab around floor drains; complete 1 LS

12. Install new EPD-FRP 13.5 Sqf Sand Filter
Tanks. Includes backwash valves,
backwash lines to the sanitary sewer and
supply, drain, and vent piping; complete
1 LS

13. Remove existing slab under Sand Filter
Tanks in Pool Equipment Room and install
new 12” thick slab; complete
1 LS
Name of Bidder or Firm
TOTAL BID PRICE – FOR SCHEDULE A
For the lump sum of
$
(Price in figures)
(Price in words)
-21-

PROPOSAL
Specifications No. 23/24-06
B-6
QUANTITIES OF WORK:

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

Name of Bidder or Firm
-22-

PROPOSAL
Specifications No. 23/24-06
B-7

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.

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

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
NOW, THEREFORE, if that contract be awarded to the principal and principal shall, 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, to 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 shall pay obligee the full 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, shall release or exonerate 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.
-23-

PROPOSAL
Specifications No. 23/24-06
B-8

PROPOSAL
_________________________________________________________ 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 and DIR registration numbers for all subcontractor’s performing work in excess of one-half of one-percent of the contract’s value. -24-

PROPOSAL
Specifications No. 23/24-06
B-9

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 will 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:
-25-

PROPOSAL
Specifications No. 23/24-06
B-10
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:
-26-

PROPOSAL
Specifications No. 23/24-06
B-11
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
-27-

PROPOSAL
Specifications No. 23/24-06
B-12
DOCUMENT 00 4548

IN-USE OFF-ROAD DIESEL-FUELED FLEETS

CERTIFICATION

TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID
The undersigned Bidder certifies to City as set forth in sections 1 through 2, below.

1.Certification of Compliance. I certify that I and all of my Subcontractors will conform to the California Air Resource Board (CARB) In-Use Off-Road Diesel-Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in 13 Cal.

Code of Regs section 2449, subdivision (i), subparts (1) – (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision (j), subparts (1) – (5).

2.Instructions. Check one (1) box below.
☐Bidder’s current CARB issued Certificate of Reported Compliance accompanies this Certification. (If this box is checked, the Certificate must be provided.)
☐Bidder certifies that its work on the Project (including work of its Subcontractors) does not involve the use of vehicles subject to the CARB In-Use Off-Road Diesel-Fueled Fleets requirements.

BIDDER:
(Name of Bidder)
Date: ___________________, 2024 By:
(Signature)
Name:
(Print Name)
Its:
(Title)

END OF DOCUMENT
-28-

PROPOSAL
Specifications No. 23/24-06
B-13
DOCUMENT 00 7324

IN-USE OFF-ROAD DIESEL-FUELED FLEETS REGULATION
Attention is directed to provisions of 13 California Code of Regulations Sections 2449, 2449.1, and 2449.2 governing In-Use Off-Road Diesel-Fueled Fleets (Regulation), issued by the California Air Resources Board (CARB). Contractor warrants that it is knowledgeable of and will comply with the Regulation including, without limitation, the matters contained in this Document, at all times before and during its work on the Project. The Regulation controls in the event of any conflict between this Document and the Regulation.

Contracting Requirements.

If the Project involves the use of vehicles subject to the Regulation, Contractor must obtain copies of the valid Certificates of Reported Compliance, as described in Regulation section 2449(n), for the fleet selected for the Contract and its listed subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet.

Contractor may not enter into a contract with a fleet for which it does not have a valid Certificate of Reported Compliance for the fleet and Contractor’s listed Subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet.

The Certificates of Reported Compliance received by the Contractor for the Project must be retained for three years after the Project’s completion. Upon request by CARB, these records must be provided to CARB within five business days of the request.

If the Project is considered to be an emergency operation, as defined in Regulation section 2449(c)(18), it is exempt from the requirements in Regulation section 2449(i)(1)-(3).

Nevertheless, Contractor must still retain records verifying vehicles subject to the Regulation that are operating on the emergency operations project are actually being operated on the project for emergency operations only. These records must include a description of the emergency, the address or a description of the specific location of the emergency, the dates on which the emergency operations were performed, and an attestation by the fleet that the vehicles are operated on the project for emergency operations only.

Other Contractor Requirements.

Between March 1 and June 1 of each year, Contractor must collect new valid Certificates of Reported Compliance for the current compliance year, as defined in Regulation section 2449(n), from all fleets that have an ongoing contract with the Contractor as of March 1 of that year. Contractor must not write contracts to evade this requirement.

Contractor may only allow fleets with valid Certificates of Reported Compliance on Contractor’s job sites.

If Contractor discovers that any fleet intending to operate vehicles subject to the Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined in Regulation section 2449(n), or if Contractor observes any noncompliant vehicles subject to the Regulation on Contractor’s job site, then Contractor must report the required -29-

PROPOSAL
Specifications No. 23/24-06
B-14
information to CARB when as provided and within the time period contained in in the Regulation
Upon request by CARB, Contractor must immediately disclose to CARB the name and contact information of each responsible party for all vehicles subject to the Regulation operating at the job site or for Contractor.

If applicable, Contractor must prominently display signage for any project where vehicles subject to the Regulation as provided and within the time period contained in in the Regulation.

END OF DOCUMENT
-30-

PROPOSAL
Specifications No. 23/24-06
B-15

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
-31-

Agreement
Specifications No. 23/24-06
C-1

PUBLIC WORKS CONTRACT

BETWEEN

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

1.WORK.

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

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

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

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

3.TIME FOR PERFORMANCE.

A. The Contractor will fully complete the Work within ninety (90) working days (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to proceed. -32-

Agreement
Specifications No. 23/24-06
C-2
The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.

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 -33-

Agreement
Specifications No. 23/24-06
C-3
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 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.
-34-

Agreement
Specifications No. 23/24-06
C-4

14.INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.

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

A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.

16.SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.

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

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

19.COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.

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

21.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
[SIGNATURES CONTINUED ON NEXT PAGE]
-35-

Agreement
Specifications No. 23/24-06
C-5
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF BELLFLOWER _______
_____________________________________________________________ Ryan Smoot,
City Manager
_____________________________
ATTEST:
_____________________________Taxpayer ID No. _______________ Mayra Ochiqui,
City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger,
City Attorney
-36-

Faithful Performance Bond
Specifications No. 23/24-06
FPB-1

CITY OF BELLFLOWER

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06

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. 23/24-06, 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.

SECTION 2 - BOND CONDITIONS

1.PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. 23/24-06, 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”). -37-

Faithful Performance Bond
Specifications No. 23/24-06
FPB-2

5.SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 23/24-06 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 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. -38-

Labor and Materials Bond
Specifications No. 23/24-06
L&MB-1

CITY OF BELLFLOWER

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06

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. 23/24-06 (“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. 23/24-06, 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 plans and profiles are approved by the City Council and filed with CITY’s Public Works Department.

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

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

4.This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”). -39-

Labor and Materials Bond
Specifications No. 23/24-06
L&MB-2

5.SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 23/24-06, 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 TWO (2) attached exhibits all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and
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. -40-

Declaration of Sufficiency of Funds
Specifications No. 23/24-06
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 insurance is:
__________________________________ (insert information requested).

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

Attach addition sheets, if needed):

Vehicle Vehicle ID No.

Vehicle
Liability Insurance Policy
No.
(of Policy covering vehicle)
Name, Address and Telephone No.
of Vehicle Liability Insurance
Carrier (issuing Policy covering
vehicle)
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Declaration of Sufficiency of Funds
Specifications No. 23/24-06
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, current local, state, and federal contractor license identification numbers that each is required to have under local, state or federal laws or regulations are as follows (attach additional sheets, if needed):

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

8.Check only one of the following boxes, as applicable:-42-

Declaration of Sufficiency of Funds
Specifications No. 23/24-06
DSF-3
The statement of number of independent contractors declared in Paragraph 7, above, is a statement of the actual number of independent contractors that will be utilized; or,
The actual number of independent contractors requested in Paragraph 7, above, is unknown and therefore the statement of number of independent contractors declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of independent contractors that will be utilized.

I, the undersigned, declare under penalty of perjury that the foregoing statements are within my personal knowledge and are true and correct. Executed on this ______ day of ______________, in the year 20___.
_____________________________________
_____________________________________
Print Name
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Guaranty
Specifications No. 23/24-06
G-1

CITY OF BELLFLOWER

AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06

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

If any of the items installed pursuant to the Contract, prove defective or if the item, as a whole, proves defective, due to faulty workmanship, material furnished or methods of installation, or if the said item or any part thereof fails to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the Agency, then the undersigned agrees the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the receipt of demand from the Agency; provided, that if the Contract Documents require a longer guaranty period, then the longer period shall apply. In the event repairs are not made within thirty (30) days, the Agency shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor.

The Contractor agrees to reimburse the Agency, upon demand, of its expenses incurred in restoring said items to the condition contemplated in the Contract, including the cost of any equipment or materials replaced, or upon demand by the Agency, to replace any such equipment and repair said items completely without cost to the Agency so that they will operate successfully as originally contemplated.

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

Each item will be deemed defective within the meaning of this guaranty in the event that item fails to operate as originally intended thereof and in accordance with the plans and specifications included in the Contract. The Faithful Performance Bond required for the Contract shall remain in full force and effect for the entire first year of the applicable guarantee period. _____________________________________________________________ Date (Print Name of Contractor, Company or Corporation) ________________________________
Signature
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Standard Specifications
Specifications No. 23/24-06
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. -45-

Standard Specifications
Specifications No. 23/24-06
SS-2
Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.

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

PCC – California Public Contract Code.

Prompt – The briefest interval of time required for a considered reply, including time required for approval of a governing body.
(Check if applicable) State Standard Specifications - State of California Standard Specifications ( https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard- specifications).

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

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

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

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

6. SUBCONTRACTOR LISTING
Except as provided in PCC §§ 4100,et seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or -46-

Standard Specifications
Specifications No. 23/24-06
SS-3
improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself.

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

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

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

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

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

If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors’ State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. -47-

Standard Specifications
Specifications No. 23/24-06
SS-4
The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than 10% of the Work.

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

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

8. CONTRACT DOCUMENTS
The Contractor will maintain the following at the Work site:
· One as-built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As-built plans must be submitted to the City representative for approval before the City pays a final retention amount.
· The current accepted Contract Schedule.
· Shop Drawings, Product Data, and Samples.
· Approved permits from other agencies, including Cal-OSHA permits for trench shoring.
· All other required submittals.

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

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

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

9. PRECEDENCE OF CONTRACT DOCUMENTS
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Standard Specifications
Specifications No. 23/24-06
SS-5
As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Public Works Director for such further explanations as may be necessary and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both.

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

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

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

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

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

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

It is the Contractor’s responsibility to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will -49-

Standard Specifications
Specifications No. 23/24-06
SS-6
provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Public Works Director.

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

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

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

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

Labor .................................................... 20 Materials .................................................... 15 Equipment Rental .................................................... 15 Other Items and Expenditures .............................................. 15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss.

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

In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. -50-

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Specifications No. 23/24-06
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16. DAILY REPORTS BY CONTRACTOR
If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim.

17. CHANGED CONDITIONS
If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected (“changed conditions”), the Contractor will immediately notify the Public Works Director in writing of such changed conditions (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 the Public Works Director will render a decision promptly.

Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions:
· The information is made available for the Bidders’ convenience and is not a part of the Contract.
· The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. -51-

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Specifications No. 23/24-06
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· Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City.

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

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

19. INSPECTION REQUIREMENTS
Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required.

A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City.

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

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

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

20. INSPECTION OF MATERIALS NOT PRODUCED LOCALLY
Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item inspected fails to meet the specified criteria, the Contractor will pay all costs for reinspection, and such costs may be deducted from payments due to the Contractor.

21. TRADE NAMES OR EQUALS
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Standard Specifications
Specifications No. 23/24-06
SS-9
Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words “or equal.”
For the City’s consideration of a proposed “equal” item, the Bidder must submit, a minimum of 10 calendar days before the date of the bid opening, documentation of the particulars of the proposed “equal item.” At a minimum, the submitted documentation will include:
· Written request with explanation of why the product should be considered as an equal product.
· Material specifications.
· Technical specifications.
· Test data.
· Samples.
· Comparison chart of key specifications of the “equal” item against similar specifications of the specified item.
· Work locations and reference telephone numbers of at least three (3) locations where the proposed “equal” item has been recently installed under similar conditions.
· Warranty data.

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

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

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

24. DELAYS
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Standard Specifications
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Actual loss is understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by these Standard Specifications and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work.

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

26. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
A. Pre-Construction Meeting:

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

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

C. Contract Schedule Content
The Contract Schedule, and any updated Contract Schedule, will meet the following requirements:
· Schedules must be suitable for monitoring progress of the Work. · Schedules must provide necessary data about the time for the Public Works Director’s decisions.
· Schedules must be sufficiently detailed to demonstrate adequate planning for the Work.
· Schedules must represent a practical plan to complete the Work within the Contract Time.
· Schedules must show the critical path method for completing the Work.

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

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

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

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

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

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 15
President’s Day -February 19
Memorial Day -May 27
Independence Day -July 4
Labor Day -September 2
Veterans’ Day -November 11
Thanksgiving -November 28
Friday after Thanksgiving -November 29
Christmas Eve -December 24
Christmas -December 25
New Year’s Eve -December 31
If the Contractor requests an inspection on a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day is counted as a project working day.
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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 separate permit, City does not permit Work between the hours of 4 p.m. and 7:30 a.m. of the following day.

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

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

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

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

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

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

32. DISPUTES AND CLAIMS; PROCEDURE
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A. General
Consistent with PCC §§ 9204 and 10240.6, “Claim” means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Public Works Director, their agents or employees. “Claim” does not mean, and the Claims procedures herein do not apply, to the following:
· Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine.
· Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. · Claims respecting a latent defect, breach of warranty, or guarantee to repair. · Claims respecting stop notices.

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

B. Form
A Claim must include the following:
· A statement that it is a Claim and a request for a decision. · A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim.
· If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. · A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following:
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Ø 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.

Ø 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 costs claimed have actually been incurred.

Ø 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:

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

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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 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:
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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.

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
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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.

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
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· 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 Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

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

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

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

In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged.
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Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b).

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

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

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

Moreover, nothing in this Section will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City.

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

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

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

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

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

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

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

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

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.
-68-

Standard Specifications
Specifications No. 23/24-06
SS-25
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 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 -69-

Standard Specifications
Specifications No. 23/24-06
SS-26
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.

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
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Standard Specifications
Specifications No. 23/24-06
SS-27
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.

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.
-71-

Standard Specifications
Specifications No. 23/24-06
SS-28
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.

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

50. TERMINATION OF AGENCY LIABILITY
Before receiving final payment, the Contractor will execute a “Release on Contract” form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as in these Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. -72-

Standard Specifications
Specifications No. 23/24-06
SS-29
- END OF SECTION –
-73-
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PCC 9204
Specifications No. 23/24-06
PCC-1 -74-
§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 West's Annotated California Codes
Public Contract Code (Refs 8: Annos)
Division 2. General Provisions (Refs & Annos)
Part 1. Administrative Provisions (Refs & Annos)
Chapter 9. Claims and Disputes (Refs & Annos)
West's Ann.Cal.Pub.Oon.Code § 9204
§ 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process Effective: January 1, 2020
Currentness
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, oflice, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public WESTLAW © 2021 Thomson Reuters. No claim to original US. Government Works. 1

PCC 9204
Specifications No. 23/24-06
PCC-2 -75-
§ 9204. Legislative findings and declarations regarding timely..., CA PUB CONT § 9204 authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 1] (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor:
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identiiying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body afier the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

WESTLAW © 2021 Thomson Reuters. No claim to original U.S. Government Works. 2

PCC 9204
Specifications No. 23/24-06
PCC-3 -76-
§ 9204. Legislative findlnga and declarations ragardlng tlmaly..., CA PUB CONT § 9204 (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days afler the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed. the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (3) Within l0 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days afier the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing. shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within l0 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If nwdiation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation orby issuance of an evaluation. Any mediation utilized shall conform to the timcframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate afler litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have mponded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall fumish reasonable WESTLAW © 2021 Thomson Reuters. No claim to original US. Government Works. 3

PCC 9204
Specifications No. 23/24-06
PCC-4 -77-
§ 9204. Legislative findings and declarations regarding tlmely..., CA PUB CONT § 9204 documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(0 A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timefrarnes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January I, 20l7. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January I, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January I, 2027, deletes or extends that date.

Credits
(Added by Stats.20l6, c. 810 (A.B.626), § I, eff. Jan. I, 2017. Amended by Stats.20|9, c. 489 (A.B.456), § 1, eff. Jan. 1, 2020.) Editor's' Notes
REPEAL
<For repeal of this section, see its terns?
West's Ann. Cal. Pub. Con. Code § 9204, CA PUB CONT § 9204 Current with urgency legislation through Ch. 13 of 2021 Reg.Sess End of Document 0 2021 Thomson Reuters. No claim to original US. Government Works.

WESTLAW © 2021 Thomson Reuters. No claim to original U.S. Government Works. 4

Technical Provisions
Specifications No. 23/24-06

TECHNICAL PROVISIONS

TABLE OF CONTENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-1

CITY OF BELLFLOWER

THOMPSON PARK OUTDOOR SWIMMING POOL

REPLASTER & REPAIR PROJECT
SPECIFICATIONS NO. 23/24-06

TECHNICAL PROVISIONS
Prepared by:

Edward Lok Ng, Architect
BOA Architecture
1511 Cota Avenue,
Long Beach, California 90813
(562) 912-7900
(310) 832-2681
-78-
0-1 6840
REN.11139125

Technical Provisions
Specifications No. 23/24-06

TECHNICAL PROVISIONS

TABLE OF CONTENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-2
DIVISION 1 - GENERAL REQUIREMENTS
Section 01 1000 Summary of Work
Section 01 2500 Substitution Procedures
Section 01 3300 Submittal Procedures
Section 01 3543 Environmental Procedures
Section 01 3553 Security Procedures
Section 01 4000 Quality Requirements
Section 01 5000 Temporary Facilities and Controls
Section 01 5100 Temporary Utilities
Section 01 5500 Vehicular Access and Parking
Section 01 5813 Temporary Project Signage
Section 01 6000 Product Requirements
Section 01 6115 Volatile Organic Compound (VOC) Content Restrictions Section 01 7000 Execution and Closeout Requirements
Section 01 7419 Construction Waste Management and Disposal Section 01 7800 Closeout Submittals
Section 01 7900 Demonstration and Training
DIVISION 2 – EXISTING CONDITIONS
Section 02 4119 Selective Structure Demolition
DIVISION 3 – CONCRETE
Section 03 2000 Concrete Reinforcement
Section 03 3000 Cast in Place Concrete
DIVISION 4 – MASONRY [NOT USED]
DIVISION 5 – METALS [NOT USED]
DIVISION 6 – WOOD, PLASTICS, AND COMPOSITES [NOT USED]
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
Section 07 1000 Dampproofing
Section 07 9200 Joint Sealants
DIVISION 8 – OPENINGS [NOT USED]
DIVISION 9 – FINISHES [NOT USED]
DIVISION 10 – SPECIALTIES [NOT USED]
DIVISION 11 – EQUIPMENT [NOT USED]
DIVISION 12 – FURNISHINGS [NOT USED]
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Technical Provisions
Specifications No. 23/24-06

TECHNICAL PROVISIONS

TABLE OF CONTENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-3
DIVISION 13 - SPECIAL CONSTRUCTION
Section 13 1100 Swimming Pool General Requirements
Section 13 1102 Swimming Pool Concrete
Section 13 1104 Swimming Pool Ceramic Tile
Section 13 1105 Swimming Pool Plaster
Section 13 1132 Swimming Pool Filter Media
DIVISION 14 - CONVEYING EQUIPMENT [NOT USED]
DIVISION 21 – FIRE SUPPRESSION [NOT USED]
DIVISION 22 – PLUMBING [NOT USED]
DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING [NOT USED] DIVISION 25 – INTEGRATED AUTOMATION [NOT USED]
DIVISION 26 – ELECTRICAL [NOT USED]
DIVISION 27 – COMMUNICATIONS [NOT USED]
DIVISION 28 – ELECTRONIC SAFETY AND SECURITY [NOT USED] DIVISION 31 – EARTHWORK [NOT USED]
DIVISION 32 – EXTERIOR IMPROVEMENTS [NOT USED]
DIVISION 33 – UTILITIES [NOT USED]

END OF DOCUMENT
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Technical Provisions
Specifications No. 23/24-06
SECTION 011000

SUMMARY OF WORK
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-4
PART 1 – GENERAL

1.1 LOCATION OF WORK
A. The project site is located at the following address and as shown on the Site Plan found on Sheet A1.0 of the Drawings: 14001 Bellflower Blvd., Bellflower, CA 90706. The scope of work is contained in the contract documents.

1.2 SCOPE OF WORK
A. The scope of work includes all work described in the construction documents, and includes but is not limited to the following items:

1. Repair existing damaged pool plaster.

2. Replace existing pool drain covers.

3. Replace existing concrete pool deck all around the pool and provide new tile markers.

4. Remove, save, and reinstall grab rails.

5. Replace existing floor drains with new type and replace adjacent concrete slab. Provide drain jetting at all floor drains for cleaning.

6. Replacement of 6 pool filters and replacement of concrete slab supporting these filters.

7. Contractor must include in its bid the cost of fees or charges payable to the State, local, or special community development agencies unless otherwise stated in the General Requirements. Contractor must obtain all applicable permits with the City of Bellflower’s Building and Safety Division. Permits will be no-fee permits.

8. All items in these Technical Provisions are to be provided, performed and paid for by the Contractor, unless noted otherwise.

1.3 MISCELLANEOUS CONTRACT EXPENSES
A. The Contractor must include in its bid the cost fees or charges payable to State, local, or special community development agencies unless otherwise stated in the General Requirements. Contractor is required to obtain all necessary building permits necessary to perform the work from the City’s Building Department as this is a City Public Works Project prior to mobilization.
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Specifications No. 23/24-06
SECTION 011000

SUMMARY OF WORK
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-5
PART 2 – PRODUCTS [NOT USED]
PART 3 – EXECUTION [NOT USED]

END OF SECTION
-82-

Technical Provisions
Specifications No. 23/24-06
SECTION 012500

SUBSTITUTION PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-6
PART 1 – GENERAL

1.1 LOCATION OF WORK
A. Procedural requirements for proposed substitutions.

1.2 RELATED REQUIREMENTS
A. Section 016116 - Volatile Organic Compound (VOC) Content Restrictions:

Restrictions on emissions of indoor and outdoor substitute products.

1.3 DEFINITIONS
A. Substitutions: Changes from Contract Documents requirements proposed by Contractor to materials, products, assemblies, and equipment.

1. Substitutions for Cause: Proposed due to changed Project circumstances beyond Contractor's control.
a. Unavailability.
b. Regulatory changes.

2. Substitutions for Convenience: Proposed due to possibility of offering substantial advantage to the Project.
a. Substitution requests offering advantages solely to the Contractor will not be considered.

1.4 REFERENCE STANDARDS [NOT USED]
PART 2 – PRODUCTS [NOT USED]
PART 3 – EXECUTION

3.1 GENERAL REQUIREMENTS
A. A Substitution Request for products, assemblies, materials, and equipment constitutes a representation that the submitter:

1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product, equipment, assembly, or system.

2. Agrees to provide the same warranty for the substitution as for the specified product.
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Technical Provisions
Specifications No. 23/24-06
SECTION 012500

SUBSTITUTION PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-7

3. Agrees to provide same or equivalent maintenance service and source of replacement parts, as applicable.

4. Agrees to coordinate installation and make changes to other work that may be required for the work to be complete, with no additional cost to the City.

5. Waives claims for additional costs or time extension that may subsequently become apparent.

6. Agrees to reimburse the City and Architect for review or redesign services associated with re-approval by authorities.

B. A Substitution Request for specified installer constitutes a representation that the submitter:

1. Has acted in good faith to obtain services of specified installer, but was unable to come to commercial, or other terms.

C. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. Burden of proof is on proposer.

1. Note explicitly any non-compliant characteristics.

D. Content: Include information necessary for tracking the status of each Substitution Request, and information necessary to provide an actionable response.

1. No specific form is required. Contractor's Substitution Request documentation must include the following:
a. Project Information:
1) Official project name and number, and any additional required identifiers established in Contract Documents.
b. Substitution Request Information:
1) Discrete and consecutive Substitution Request number, and descriptive subject/title.
2) Indication of whether the substitution is for cause or convenience. 3) Issue date.
4) Reference to particular Contract Document(s) specification section number, title, and article/paragraph(s).
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Specifications No. 23/24-06
SECTION 012500

SUBSTITUTION PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-8
5) Description of Substitution.
6) Reason why the specified item cannot be provided.
7) Differences between proposed substitution and specified item. 8) Description of how proposed substitution affects other parts of work. c. Attached Comparative Data: Provide point-by-point, side-by-side comparison addressing essential attributes specified, as appropriate and relevant for the item:
1) Physical characteristics.
2) In-service performance.
3) Expected durability.
4) Visual effect.
5) Sustainable design features.
6) Warranties.
7) Other salient features and requirements.
8) Include, as appropriate or requested, the following types of documentation:
a) Product Data:
b) Samples.
c) Certificates, test, reports or similar qualification data. d) Drawings, when required to show impact on adjacent
construction elements.
d. Impact of Substitution:
1) Savings to the City for accepting substitution.
2) Change to Contract Time due to accepting substitution.

E. Limit each request to a single proposed substitution item. -85-

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Specifications No. 23/24-06
SECTION 012500

SUBSTITUTION PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-9

1. Submit an electronic document, combining the request form with supporting data into single document.

3.2 SUBSTITUTION PROCEDURES DURING PROCUREMENT
A. Instructions to Bidders specifies time restrictions for submitting requests for substitutions during the bidding period, and the documents required.

3.3 SUBSTITUTION PROCEDURES DURING CONSTRUCTION
A. Submit request for Substitution for Cause within 14 days of discovery of need for substitution, but not later than 14 days prior to time required for review and approval by Architect, in order to stay on approved project schedule.

B. Submit request for Substitution for Convenience immediately upon discovery of its potential advantage to the project, but not later than 14 days prior to time required for review and approval by Architect, in order to stay on approved project schedule.

1. In addition to meeting general documentation requirements, document how the requested substitution benefits the City through cost savings, time savings, greater energy conservation, or in other specific ways.

2. Document means of coordinating of substitution item with other portions of the work, including work by affected subcontractors.

3. Bear the costs engendered by proposed substitution of:
a. The City's compensation to the Architect for any required redesign, time spent processing and evaluating the request.
b. Other construction by the City.
c. Other unanticipated project considerations.

C. Substitutions will not be considered under one or more of the following circumstances:

1. When they are indicated or implied on shop drawing or product data submittals, without having received prior approval.

2. Without a separate written request.

3. When acceptance will require revisions to the Contract Documents. -86-

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Specifications No. 23/24-06
SECTION 012500

SUBSTITUTION PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-10

3.4 RESOLUTION
A. Architect may request additional information and documentation prior to rendering a decision. Provide this data in an expeditious manner.

B. Architect will notify Contractor in writing of decision to accept or reject request.

1. Architect's decision following review of proposed substitution will be noted on the submitted form.

3.5 ACCEPTANCE
A. Accepted substitutions change the work of the Project. They will be documented and incorporated into work of the project by Change Order, Construction Change Directive, Architectural Supplementary Instructions, or similar instruments provided for in the Conditions of the Contract.

3.6 CLOSEOUT ACTIVITIES
A. See Section 01 7800 - Closeout Submittals, for closeout submittals.

B. Include completed Substitution Request Forms as part of the Project record.

Include both approved and rejected Requests.

END OF SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 013300

SUBMITTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-11
PART 1 – GENERAL

1.4 SCHEDULE OF SUBMITTALS
A. At the Pre-Construction meeting, the Contractor must submit a Schedule of Submittals, in the format indicated below, in duplicate, listing all items that must be furnished for review and approval by the Engineer. The schedule must indicate the type of items (such as sample, shop drawings, catalog cut, and so forth) and include the scheduled dates of submittal. In preparing the schedule, adequate time (10 days or more exclusive of time in the mail) must be allowed for review and approval and possible resubmittal. Also, the schedule must be coordinated with the approved construction progress chart. The Contractor must revise and/or update the schedule monthly. Such revised schedules must be submitted to the Engineer for approval.

B. At the Pre-Construction meeting, the Contractor must complete and submit to the Engineer a listing of all subcontractors, including subcontractor name, address, telephone number, fax number and email address. Include an updated list with each progress payment request.

C. Schedule of Submittals Format
Project
Contract No.

Project
Description
Spec.

Section
Spec.

Description
Paragraph
Number
*Submittal
Type
Date Action
Taken
Assigned
Number
Submittal Returned
*Submittal Type:

C –Certificate CD –Catalog Data
S – Sample PL – Spare Parts List
SD – Shop Drawing MM – Maintenance Manual
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Technical Provisions
Specifications No. 23/24-06
SECTION 013300

SUBMITTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-12

1.5 SHOP DRAWINGS AND RELATED DATA
A. Prior to submittal, the Contractor must stamp and sign the submittal to indicate that it is in accordance with the contract documents without deviation and has been reviewed and approved by the Contractor. The Contractor must make any corrections required by the Engineer. If the Contractor considers any correction indicated on the drawings to constitute a change to the contract drawings or specifications, notice must be given to the Engineer. Four prints of all approved shop drawings must be given to the Engineer. The approval of the drawings by the Engineer must not be construed as a complete check but indicates only that the submittal appears to comply with the contract documents. Approval of the shop drawings does not relieve the Contractor of responsibility for any error that may exist because the Contractor is responsible for the dimensions and for satisfactory construction of all work. The submission by the Contractor must be accompanied by a transmittal letter in a format approved by the Engineer.

1.6 MATERIAL, EQUIPMENT, AND FIXTURE LISTS
A. When required by the technical provisions, lists of materials, equipment, and fixtures must be submitted by the Contractor in accordance with the requirements specified for shop drawings. The lists must be supported by sufficient descriptive material, such as catalogs, cuts, diagrams, and other data published by the manufacturer, as well as by evidence of compliance with safety and performance standards, to demonstrate conformance to the specification requirements.

Catalog numbers alone are not acceptable. The data must include the name and address of the nearest service and maintenance organization that regularly stocks repair parts. No consideration will be given to partial lists submitted from time to time. Approval of materials and equipment is tentative, subject to submission of complete shop drawings indicating compliance with the contract documents.

1.7 CERTIFICATES OF COMPLIANCE
A. Any certificates required for demonstrating proof of compliance of materials with specification requirements, including statements of application, and extended guarantees, must be signed and submitted in quadruplicate to the Engineer at least 10 days before delivery. The Contractor must review all certificates before submissions are made to the Engineer, to ensure compliance with the contract specification requirements and to ensure that the affidavit is properly signed. Each certificate must be signed by an official authorized to certify on behalf of the manufacturing company and must contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates must contain the name and address of the -89-

Technical Provisions
Specifications No. 23/24-06
SECTION 013300

SUBMITTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-13
testing laboratory and the dates of tests to which the report applies. Certification must not be construed as relieving the Contractor from furnishing satisfactory material if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.8 REVIEW OF SUBMITTALS
A. When submittals are reviewed by others, each submittal must be returned to the Engineer stamped and signed or marked in one of the following ways:

1. A Action: The Contractor is advised that "A Action" means that fabrication, manufacture, or construction may proceed, provided the work complies with the contract documents.

2. B Action: The Contractor is advised that "B Action" means that fabrication, manufacture, or construction may proceed, provided the work complies with the notations and the contract documents.

3. C Action: The Contractor is advised that "C Action" means that no work may be fabricated, manufactured, or constructed and that the Contractor must make a new submittal. Any submission marked "C Action" is not permitted on the site.

B. The "A Action" or "B Action" submittals must be returned to the Engineer. The Contractor is responsible for obtaining prints of them and for distributing them to the field and to subcontractors.

C. In the case of shop drawings in the form of manufacturers' descriptive literature, catalog cuts, and brochures stamped "A Action" or "B Action," returned to the Engineer, the Contractor is responsible for distributing them to the field and to the subcontractors. If the shop drawings are stamped "C Action," the Engineer will provide copies to the Contractor, who must submit new shop drawings to the Engineer.

D. In the case of samples stamped "A Action" or "B Action," the Engineer will provide one of the samples to the Contractor. In the case of samples stamped "C Action," all of the submitted samples must be returned.

1.9 SPARE PARTS DATA
A. Spare parts data must be submitted in quadruplicate. -90-

Technical Provisions
Specifications No. 23/24-06
SECTION 013300

SUBMITTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-14

1.10 AS-BUILT PLANS.

A. Contractor to submit as built plans.

B. During construction, maintain as-built redline drawings for all drawings and final as-builds for contractor-generated coordination drawings. Update after completion of commissioning.

PART 2 – PRODUCTS [NOT USED]
PART 1 – EXECUTION [NOT USED]

END OF SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 013543

ENVIRONMENTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-15
PART 1 – GENERAL

1.1 SCOPE
A. The work covered by this section consists of furnishing all labor, material, and equipment and performing all work required for compliance with environmental regulations and preventing pollution during, and as a result of, construction operations under this contract, in addition to those measures set forth in other technical provisions of these specifications.

B. The Contractor and subcontractors must comply with all applicable environmental federal, state, local environmental, health and safety laws and regulations.

1.2 NOTIFICATION
A. The Contractor must, after receiving a notice of noncompliance with the foregoing provisions, immediately take corrective action. The notice, when delivered to its Contractor or its authorized representative at the site of the work, is deemed sufficient for this purpose. If the Contractor fails or refuses to comply promptly, the Engineer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost because of any such stop orders may be made the subject of a claim for extension of time or for excess costs or damages by the Contractor unless it is subsequently determined that the Contractor was in compliance.

1.3 ENVIRONMENTAL REGULATORY COMPLIANCE
A. Within 30 days after receiving the notice to proceed or not less than 15 days prior to commencing on-site work, the Contractor must submit any environmental documents that are required by federal, state or local environmental regulations.

Plans must be approved by the Engineer prior to commencing on-site work and must describe and include, but is not limited to, the following:

1. Waste Minimization and Management Plan must describe how natural resources potentially impacted by construction will be protected or managed; construction wastes will be stored and disposed of or recycled; and pollutants associated with building materials will be controlled. The waste minimization and management section of the plan must also list materials and construction debris to be recycled, and address the disposal of solid and hazardous wastes and materials, including asbestos and lead- based paint. It must also include tables applicable to the reclamation of chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) in accordance with the City recycling code and 1.4 (B) below. -92-

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Specifications No. 23/24-06
SECTION 013543

ENVIRONMENTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-16

2. Environmental Compliance Plan must document NEPA compliance by describing mitigation measures to address environmental concerns/sensitive receptors identified in the National Environmental Policy Act (NEPA) document(s) in Section B. 1500,Attachments, and as set out in the mitigation measures in the General Requirements.

1.4 ENVIRONMENTAL SITE CONTROLS
A. Location of Hazardous Materials: The location of the Contractor’s temporary storage of any hazardous materials and/or wastes must be appropriately marked and included in the health and Safety Plan (see Section 1.5 below).

B. Post Construction Cleanup or Obliteration: The Contractor must remove and properly dispose of all signs of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, excess or waste materials, or any other vestiges of construction as directed by the Engineer. No separate or direct payment may be made for post construction cleanup and all associated costs must be considered included in the contract price.

C. Dust Control: The Contractor must keep the site free from dust in accordance with applicable regulations.

D. Noise Minimization: The Contractor must perform demolition and construction operations to minimize noise including conducting work during less sensitive hours of the day in accordance with the City’s Noise Ordinance.

1.5 HEALTH AND SAFETY
A. Prior to commencing on-site work, the Contractor must submit an Occupational Safety and Health Administration (OSHA) Emergency Action Plan (EAP) to the Engineer to demonstrate compliance by the Contractor and subcontractors with applicable OSHA regulations. If the Contractor is not required by OSHA to develop a written EAP, i.e. if 10 or fewer are employed for the construction project or any other specific regulations identified by OSHA, then the Contractor shall submit to the Engineer a signed letter stating the Contractor shall meet OSHA's EAP requirements in a verbal communication to all employees.

B. Copies of Material Safety Data Sheets (MSDSs) for any hazardous material(s), as defined by OSHA's Hazard Communications Standard, must be included whenever such materials arrive on-site. MSDSs must be kept together and maintained centrally on-site through to project completion. Provide a copy of each MSDS in the Operating and Maintenance Manual. The use of asbestos containing materials, in excess of one percent as defined by US Environmental -93-

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Specifications No. 23/24-06
SECTION 013543

ENVIRONMENTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-17
Protection Agency regulations, is prohibited in the construction of this project.

Provide an executed copy of the “Certificate of Asbestos and Lead-Based Paint (New Work)” in the Operating and Maintenance Manual.

C. The use of lead-based paint is prohibited in the construction of this project.

D. The use of lead-containing solder for plumbing and plumbing fixtures is prohibited in the construction of this project.

E. The Contractor must sign and submit to the Engineer a “Certification of Asbestos and Lead-Based Paint” for this project.

F. See following exhibits for additional information.

PART 2 – PRODUCTS [NOT USED]
PART 3 – EXECUTION [NOT USED]

END OF SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 013543

ENVIRONMENTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-18
Safety and Health and Related Environmental Requirements The Contractor is required to meet all applicable OSHA, federal, state, and local safety, health, and related environmental requirements in addition to the City requirement listed in this table.

Issue City Requirements
Asbestos Review of Facility Asbestos Survey:Before any building maintenance, equipment installation, renovation, alteration, demolition, or other project begins, determine whether ACBM will be disturbed.

Proper Work Practices: If ACBM is present, follow proper control procedures and work practices.

Consultation With Facility Asbestos Coordinator: Consult with the facility manager or his or her designee before the start of any work likely to disturb ACBM.

Disturbance means activities that crumble or pulverize ACBM or presumed asbestos-containing material (PACM) or generate visible debris. Operations may include drilling, abrading, cutting a hole, pulling cable, and crawling through tunnels or attics and spaces above the ceiling where asbestos is actively disturbed or asbestos-containing debris is actively disturbed.

Asbestos Work Authorization: You must have an approved Form 8210,Work Authorization - Asbestos, before work begins within any building containing asbestos.

Barricades, Barriers, and
Warnings
Your barricades must meet the OSHA requirements. In addition, you assume control of your work area during your activities unless otherwise specified in writing by the City Engineer (CE) or City Engineer's representative (CER).

Confined Spaces Confined space work must meet the OSHA requirements. You must have a comprehensive confined space program that includes a written program, employee training, entry and testing equipment, and rescue capabilities.

If you require access to confined space requiring a permit, then the trained, designated City representative must review and approve the project and permit.

Entry into other confined spaces must be in accordance with OSHA regulations.

Electrical Work Lock or rope off work areas involving exposed energized equipment or have an attendant present to prevent accidental contact by unqualified people. Refer to the Barricade section of this guideline for additional information.

Elevated Work and Fall
Protection
Follow strictly the applicable OSHA fall protection requirements.

Excavation All excavations 4 feet or more in depth must be properly shored or sloped and meet all OSHA requirements.

Before any digging or drilling commences, inform the City COR and call Dig Safe or its local equivalent to determine whether any underground utilities are located in the work area. Submit documentation that these notifications have been performed. You must not begin digging or drilling until you have verified that underground utilities have been identified and are properly marked so that work may be accomplished in a safe manner.

Fire Protection Do not block, remove, or otherwise prevent City fire extinguishers from being immediately accessible and usable.

If a system must be impaired by a scheduled shutdown, notify the Engineer and do not proceed without the Engineer’s authorization.

Hazard Communication Inform the Engineer before any chemicals are used. Before materials are brought on site, provide material safety data sheets (MSDSs) and an inventory of materials. For projects that are anticipated to use substantial quantities of hazardous materials, you may be required to provide a routing, storage, and waste disposal plan.

Hazardous Materials Follow all OSHA requirements regarding hazardous materials. Hazardous materials include, but are not limited to, flammable and combustible liquids, gasoline, diesel fuel, motor oil, lubricating oil, hydraulic oil, corrosive cleaners, and -95-

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Specifications No. 23/24-06
SECTION 013543

ENVIRONMENTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-19
battery acid.

Provide secondary containment for all containers of liquids that are over 5 gallons in capacity.

Immediately report all hazardous material releases ("spills"), regardless of how small or where they occur, to the designated Engineer. Releases include solids, liquids, and gases.

Hot Work Do not begin any hot work until the Engineer has completed and signed a City Hot Work Permit. The permit will be valid for only a single work shift. You must display the permit at the work site.

You are prohibited from performing hot work (a) when the City has not authorized it, (b) in locations in which fire protection systems have been impaired, (c) in the presence of explosive or flammable atmospheres, or (d) in locations were large quantities of flammable and combustible materials are unprotected.

Powered Industrial Trucks Powered industrial trucks and other mobile equipment must follow all traffic rules of the City facility. The maximum speed limit for in-plant powered vehicles is 5 miles per hour. Many work areas have posted speed limits that you must strictly follow. Perform refueling only in authorized locations following safe procedures.

As a general rule, the City does not allow gas- or diesel-powered industrial equipment inside City facilities. Coordinate exceptions to the rule through the City safety office.

Ladders Strictly follow all OSHA requirements regarding ladders. Barricade the ladder use area to prevent contact with mobile equipment and employees.

Lead-Based Paint Review of Facility Lead Survey:Before any construction, alterations, and/or repair activities begin, determine whether LBP will be disturbed. If the painted surface has not been tested, you must have it tested before beginning any activities that could potentially disturb LBP.

Proper Work Practices:If LBP is present, follow proper control procedures and work practices.

Consultation With Engineer: Consult with the Engineer before the start of any work likely to disturb LBP. Examples of activities that may affect LBP include paint removal by scraping, sanding, power tools, or heat guns; alterations that include removing drywall, structural steel, or other building materials coated with LBP; welding, cutting, or other hot work on coated metal surfaces; abrasive blasting of mail boxes and other equipment; and moving or cleaning of abrasive blasting enclosures.

Lockout/Tagout Provide a copy of your lockout/tagout procedures, which must meet or exceed the OSHA Lockout/Tagout standard. You will be given access to and must review the City lockout/tagout program.

If you encounter a City lockout/tagout device that prevents the continuation of work, do not make any attempts to remove, tamper with, or bypass the devices.

Contact the Engineer and make arrangements to have the lockout device removed in accordance with City lockout removal policies.

Personal Protective
Equipment
Before beginning work, evaluate the work area for hazards, determine whether contract employees will be required to use personal protective equipment (PPE) to protect themselves from these hazards, and document the hazard assessment.

Wear the PPE required regardless of your perception of hazard potential.

Regulated And Prohibited
Materials
Pesticides. The City has restricted the use of pesticides. Obtain prior approval of the City environmental compliance coordinator for special cases that may require the use of pesticide treatments.

Seventeen Chemical Prohibition. Adhere to chemical prohibition policies. Do not use on City property any of the 17 chemicals prohibited by EPA unless the Engineer authorizes its use (each of these chemicals must be authorized separately). The district environmental compliance coordinator can supply the list.

Asbestos-Free Products.Install no asbestos-containing products or materials in -96-

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Specifications No. 23/24-06
SECTION 013543

ENVIRONMENTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-20
City facilities.

Lead.Apply no lead-based paint in City facilities.

Scaffolding Follow strictly the applicable OSHA scaffolding requirements.

Provide adequate barrier protection around the scaffolding to prevent hazards to City staff.

Walking and Working
Surfaces
If the project requires temporary modifications to the means of egress, inform the Engineer before performing such actions, provide appropriate alternative means of egress, and communicated these to all employees.

Emergency Procedures
Preparations for
Emergency
Be prepared for emergency situations.

Ensure that emergency telephone numbers are site specific, readily available, easily read, and communicated to all employees.

Train and authorize employees to implement emergency procedures.

Medical Emergencies Have procedures and medical supplies to provide emergency medical services for your own personnel.

Determine how to contact emergency medical services before work begins, and have on-site capabilities to contact such services immediately.

Fires See Fire Protection above.

In the event of a fire, you must:
- Immediately remove personnel from the area or building following City evacuation procedures.
- Immediately contact the nearest City employee and inform him or her of the fire. You may also activate an emergency alarm in the area. If no City employees are on-site, immediately contact the local fire department.

Personnel trained in the use and limitations of fire extinguishers may attempt to extinguish the fire if it is safe to do so.

Chemical Releases See Hazardous Materials above.

If the event of a hazardous material release, you must:
- Immediately remove personnel from the area or building following City evacuation procedures.
- Immediately contact the designated City representative and inform him or her of the release. You may also activate an emergency alarm in the area. If no City employees are on-site, immediately contact the local fire department.

Contractor personnel should not respond to the release unless specifically trained and protected to perform hazardous material response.

Power Outages In the event of a power outage, you must:
- Immediately stop work and assemble for a head count and possible facility egress. - Inform all contract employees that equipment may automatically restart when power resumes.
- Immediately contact the designated City representative and inform him or her of the status of contract work and personnel head count. Relay at this time all hazards created due to the power outage.

When power resumes evaluate the status of operations that were being performed relative to hazard potential. For example, the interruption of ventilation in confined spaces may generate atmospheric hazards.
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Technical Provisions
Specifications No. 23/24-06
SECTION 013543

ENVIRONMENTAL PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-21
Accident Investigation
and Reporting
As soon as is practical after an accident, investigate and document an accident investigation. The documentation must describe the incident and identify the causes and the corrective actions that will prevent future incidents.

Report all accidents, whether or not they result in injury. Give the written report to the Engineer within 24 hours of the accident or incident.

Certificate of Asbestos and Lead-Based Paint
(New Work)
To:City Engineer
Subject:Certification for new construction
City facility name:

City facility address:

Certification for new construction:

This Contractor/City Representative hereby certifies that no asbestos-containing material in excess of 1 percent as defined by applicable US Environmental Protection Agency regulations, and no lead-based paint has been furnished or installed at the referenced project.

Contractor/City Representative name:

Signature:

Address:

Telephone:Date executed:
-98-

Technical Provisions
Specifications No. 23/24-06
SECTION 013553

SECURITY PROCEDURES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-22
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. Security measures including formal security program, entry control, personnel identification, and miscellaneous restrictions.

1.2 RELATED REQUIREMENTS
A. Section 015000 - Temporary Facilities and Controls

1.3 SECURITY PROGRAM
A. Protect Work, existing premises and the City's operations from theft, vandalism, and unauthorized entry.

B. Initiate program at project mobilization.

C. Maintain program throughout construction period until City occupancy.

1.4 ENTRY CONTROL
A. Restrict entrance of persons and vehicles into Project site and existing facilities.

B. Allow entrance only to authorized persons with proper identification.

C. Maintain log of workers and visitors, make available to the City on request.

D. Coordinate access of the City's personnel to site in coordination with the City's security forces.

1.5 RESTRICTIONS
A. Do no work on Holidays, Saturdays, and Sundays unless approved by the City’s Project Manager.

PART 2 – PRODUCTS [NOT USED]
PART 3 – EXECUTION [NOT USED]

END SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 014000

QUALITY REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-23
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. Submittals.

B. References and standards.

C. Testing and inspection agencies and services.

D. Control of installation.

E. Mock-ups.

F. Tolerances.

G. Manufacturers' field services.

H. Defect Assessment.

1.2 RELATED REQUIREMENTS
A. Section 016000 - Product Requirements: Requirements for material and product quality.

1.3 REFERENCE STANDARDS
A. ASTM C1021 - Standard Practice for Laboratories Engaged in Testing of Building Sealants; 2008 (Reapproved 2014).

B. ASTM C1077 - Standard Practice for Agencies Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Testing Agency Evaluation; 2016.

C. ASTM C1093 - Standard Practice for Accreditation of Testing Agencies for Masonry; 2015a.

D. ASTM D3740 - Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction; 2012a.

E. ASTM E329 - Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection; 2014a.

F. ASTM E543 - Standard Specification for Agencies Performing Nondestructive Testing; 2015.
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Technical Provisions
Specifications No. 23/24-06
SECTION 014000

QUALITY REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-24
G. ASTM E699 - Standard Specification for Agencies Involved in Testing, Quality Assurance, and Evaluating of Manufactured Building Components; 2016.

H. IAS AC89 - Accreditation Criteria for Testing Laboratories; 2010.

1.4 DEFINITIONS
A. Contractor's Quality Control Plan: Contractor's management plan for executing the Contract for Construction.

B. Contractor's Professional Design Services: Design of some aspect or portion of the project by party other than the design professional of record. Provide these services as part of the Contract for Construction.

1. Design Services Types Required:
a. Construction-Related: Services Contractor needs to provide in order to carry out the Contractor’s sole responsibilities for construction means, methods, techniques, sequences, and procedures.

C. Design Data: Design-related, signed and sealed drawings, calculations, specifications, certifications, shop drawings and other submittals provided by Contractor, and prepared directly by, or under direct supervision of, appropriately licensed design professional.

1.5 SUBMITTALS
A. Design Data: Submit for Architect's knowledge as contract administrator for the limited purpose of assessing compliance with information given and the design concept expressed in the contract documents, or for the City's information.

1. Include calculations that have been used to demonstrate compliance to performance and regulatory criteria provided, and to determine design solutions.

2. Include required product data and shop drawings.

3. Include a statement or certification attesting that design data complies with criteria indicated, such as building codes, loads, functional, and similar engineering requirements.

4. Include signature and seal of design professional responsible for allocated design services on calculations and drawings.
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Technical Provisions
Specifications No. 23/24-06
SECTION 014000

QUALITY REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-25
B. Test Reports: After each test/inspection, promptly submit two copies of report to Architect and to Contractor.

1. Include:
a. Date issued.
b. Project title and number.
c. Name of inspector.
d. Date and time of sampling or inspection.
e. Identification of product and specifications section. f. Location in the Project.
g. Type of test/inspection.
h. Date of test/inspection.
i. Results of test/inspection.
j. Compliance with Contract Documents.
k. When requested by Architect, provide interpretation of results.

2. Test report submittals are for Architect's knowledge as contract administrator for the limited purpose of assessing compliance with information given and the design concept expressed in the contract documents, or for the City's information.

C. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to Architect, in quantities specified for Product Data.

1. Indicate material or product complies with or exceeds specified requirements.

Submit supporting reference data, affidavits, and certifications as appropriate.

2. Certificates may be recent or previous test results on material or product, but must be acceptable to Architect.

D. Manufacturer's Instructions: When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, for the City's information. Indicate special procedures, -102-

Technical Provisions
Specifications No. 23/24-06
SECTION 014000

QUALITY REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-26
perimeter conditions requiring special attention, and special environmental criteria required for application or installation.

E. Manufacturer's Field Reports: Submit reports for Architect's benefit as contract administrator or for the City.

1. Submit report in duplicate within 30 days of observation to Architect for information.

2. Submit for information for the limited purpose of assessing compliance with information given and the design concept expressed in the contract documents.

F. Erection Drawings: Submit drawings for Architect's benefit as contract administrator or for the City.

1. Submit for information for the limited purpose of assessing compliance with information given and the design concept expressed in the contract documents.

2. Data indicating inappropriate or unacceptable Work may be subject to action by Architect or the City.

1.6 REFERENCES AND STANDARDS
A. For products and workmanship specified by reference to a document or documents not included in the Project Manual, also referred to as reference standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.

B. Comply with reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code.

C. Obtain copies of standards where required by product specification sections.

D. Maintain copy at project site during submittals, planning, and progress of the specific work, until Substantial Completion.

E. Should specified reference standards conflict with Contract Documents, request clarification from Architect before proceeding.

F. Neither the contractual relationships, duties, or responsibilities of the parties in Contract nor those of Architect shall be altered from the Contract Documents by mention or inference otherwise in any reference document. -103-

Technical Provisions
Specifications No. 23/24-06
SECTION 014000

QUALITY REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-27

1.7 TESTING AND INSPECTION AGENCIES AND SERVICES
A. The City will employ and pay for services of an independent testing agency to perform specified testing and inspection.

B. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents.

PART 2 – PRODUCTS [NOT USED]
PART 3 – EXECUTION

3.1 CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality.

B. Comply with manufacturers' instructions, including each step in sequence.

C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding.

D. Comply with specified standards as minimum quality for the work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

E. Have work performed by persons qualified to produce required and specified quality.

F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer.

G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement.

3.2 MOCK-UPS
A. Before installing portions of the Work where mock-ups are required, construct mock-ups in location and size indicated for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work. The purpose of mock-up is to demonstrate the proposed range of aesthetic effects and workmanship.

B. Accepted mock-ups establish the standard of quality the Architect will use to judge the Work.
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Technical Provisions
Specifications No. 23/24-06
SECTION 014000

QUALITY REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-28
C. Notify Architect and the City fifteen (15) working days in advance of dates and times when mock-ups will be constructed.

D. Provide supervisory personnel who will oversee mock-up construction. Provide workers that will be employed during the construction at Project.

E. Tests shall be performed under provisions identified in this section and identified in the respective product specification sections.

F. Assemble and erect specified items with specified attachment and anchorage devices, flashings, seals, and finishes.

G. Obtain Architect's approval of mock-ups before starting work, fabrication, or construction.

1. Make corrections as necessary until Architect's approval is issued.

H. Accepted mock-ups shall be a comparison standard for the remaining Work.

I. Where mock-up has been accepted by Architect and is specified in product specification sections to be removed, protect mock-up throughout construction, remove mock-up and clear area when directed to do so by Architect.

3.3 TOLERANCES
A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate.

B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect before proceeding.

C. Adjust products to appropriate dimensions; position before securing products in place.

3.4 TESTING AND INSPECTION
A. Testing Agency Duties:

1. Test samples of mixes submitted by Contractor.

2. Provide qualified personnel at site. Cooperate with Architect and Contractor in performance of services.

3. Perform specified sampling and testing of products in accordance with specified standards.
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Technical Provisions
Specifications No. 23/24-06
SECTION 014000

QUALITY REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-29

4. Ascertain compliance of materials and mixes with requirements of Contract Documents.

5. Promptly notify Architect and Contractor of observed irregularities or non- compliance of Work or products.

6. Perform additional tests and inspections required by Architect.

7. Submit reports of all tests/inspections specified.

B. Limits on Testing/Inspection Agency Authority:

1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents.

2. Agency may not approve or accept any portion of the Work.

3. Agency may not assume any duties of Contractor.

4. Agency has no authority to stop the Work.

C. Contractor Responsibilities:

1. Deliver to agency at designated location, adequate samples of materials proposed to be used that require testing, along with proposed mix designs.

2. Cooperate with laboratory personnel, and provide access to the Work and to manufacturers' facilities.

3. Provide incidental labor and facilities:
a. To provide access to Work to be tested/inspected.
b. To obtain and handle samples at the site or at source of Products to be tested/inspected.
c. To facilitate tests/inspections.
d. To provide storage and curing of test samples.

4. Notify Architect and laboratory 24 hours prior to expected time for operations requiring testing/inspection services.

5. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements.
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Technical Provisions
Specifications No. 23/24-06
SECTION 014000

QUALITY REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-30

6. Arrange with the City's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements.

D. Re-testing required because of non-compliance with specified requirements shall be performed by the same agency on instructions by Architect.

E. Re-testing required because of non-compliance with specified requirements shall be paid for by Contractor.

3.5 MANUFACTURERS' FIELD SERVICES
A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance equipment as applicable, and to initiate instructions when necessary.

B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions.

3.6 DEFECT ASSESSMENT
A. Replace Work or portions of the Work not complying with specified requirements.

B. If, in the opinion of the City, it is not practical to remove and replace the work, the City will direct an appropriate remedy or adjust payment.

END OF SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 015000

TEMPORARY FACILITIES AND CONTROLS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-31
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. Temporary utilities.

B. Temporary sanitary facilities.

C. Temporary Controls: Barriers, enclosures, and fencing.

D. Security requirements.

E. Vehicular access and parking.

F. Waste removal facilities and services.

1.2 RELATED REQUIREMENTS [NOT USED]

1.3 REFERENCE STANDARDS
A. ASTM E84 - Standard Test Method for Surface Burning Characteristics of Building Materials; 2016.

B. ASTM E90 - Standard Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements; 2009.

1.4 TEMPORARY UTILITIES
A. Contractor shall, at its own expense, provide the following:

1. Electrical power, portable generators

2. Water supply, consisting of connection to existing facilities.

B. The City shall provide the following:

1. Water supply, consisting of connection to existing facilities.

C. Provide and pay for all electrical power, lighting, and water required for construction purposes.

D. New permanent facilities may be used.

E. Use trigger-operated nozzles for water hoses, to avoid waste of water. -108-

Technical Provisions
Specifications No. 23/24-06
SECTION 015000

TEMPORARY FACILITIES AND CONTROLS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-32

1.5 TEMPORARY SANITARY FACILITIES
A. Provide and maintain portable restroom facilities, hand wash stations, and enclosures. Provide at time of project mobilization.

B. Maintain daily in clean and sanitary condition.

C. Provide to the City a cleaning schedule for the duration of project.

1.6 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas, to prevent access to areas that could be hazardous to workers or the public, to allow for the City's use of site and to protect existing facilities and adjacent properties from damage from construction operations and demolition.

B. Provide barricades and covered walkways required by governing authorities for public rights-of-way and for public access to existing building.

C. Provide protection for plants designated to remain. Replace damaged plants.

D. Protect non-owned vehicular traffic, stored materials, site, and structures from damage.

1.7 FENCING
A. Construction: Commercial grade chain link fence.

B. Provide 6-foot-high fence around construction site; equip with vehicular and pedestrian gates with locks.

1.8 INTERIOR ENCLOSURES [NOT USED]

1.9 SECURITY - SEE SECTION 013553
A. Provide security and facilities to protect Work, existing facilities, and the City's operations from unauthorized entry, vandalism, or theft.

B. Coordinate with the City's security program.

1.10 VEHICULAR ACCESS AND PARKING – Section 015500 & the Special Provisions A. Comply with regulations relating to use of streets and sidewalks, access to emergency facilities, and access for emergency vehicles.

B. Coordinate access and haul routes with governing authorities and the City. -109-

Technical Provisions
Specifications No. 23/24-06
SECTION 015000

TEMPORARY FACILITIES AND CONTROLS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-33
C. Provide and maintain access to fire hydrants, free of obstructions.

D. Provide means of removing mud from vehicle wheels before entering streets.

E. Provide temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking.

1.11 WASTE REMOVAL
A. See PMC Chapter 8.62 – Construction and Demolition Waste Management Ordinance and Section 01 7419 – Construction Waste Management and Disposal, for additional requirements.

B. Provide waste removal facilities and services as required to maintain the site in clean and orderly condition.

C. Provide containers with lids. Remove trash from site periodically.

D. If materials to be recycled or re-used on the project must be stored on-site, provide suitable non-combustible containers; locate containers holding flammable material outside the structure unless otherwise approved by the authorities having jurisdiction.

E. Open free-fall chutes are not permitted. Terminate closed chutes into appropriate containers with lids.

1.12 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary utilities, equipment, facilities, materials, prior to Date of Substantial Completion inspection.

B. Remove underground installations to a minimum depth of 2 feet. Grade site as indicated.

C. Clean and repair damage caused by installation or use of temporary work.

D. Restore new permanent facilities used during construction to specified condition.

PART 2 – PRODUCTS [NOT USED]
PART 3 – EXECUTION [NOT USED]

END OF SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 015100

TEMPORARY UTILITIES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-34
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. Temporary Utilities: Provision of electricity, lighting, and water.

1.2 RELATED REQUIREMENTS
A. Section 015000 - Temporary Facilities and Controls:

1. Temporary sanitary facilities required by law.

1.3 REFERENCE STANDARDS
A. 29 CFR 1926 - U.S. Occupational Safety and Health Standards; current edition.

1.4 TEMPORARY ELECTRICITY
A. Cost: By Contractor
B. Provide power service required from utility source.

C. Complement existing power service capacity and characteristics as required.

D. Provide power outlets for construction operations, with branch wiring and distribution boxes located at each floor. Provide flexible power cords as required.

E. Provide main service disconnect and over-current protection at convenient location and meter.

F. Permanent convenience receptacles may be utilized during construction.

G. Provide adequate distribution equipment, wiring, and outlets to provide single phase branch circuits for power and lighting.

1.5 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES
A. Provide and maintain LED, compact fluorescent, or high-intensity discharge lighting as suitable for the application for construction operations in accordance with requirements of 29 CFR 1926 and authorities having jurisdiction.

B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required.

C. Maintain lighting and provide routine repairs.
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Technical Provisions
Specifications No. 23/24-06
SECTION 015100

TEMPORARY UTILITIES
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-35

1.6 TEMPORARY WATER SERVICE
A. Cost of Water Used: By City.

B. Provide and maintain suitable quality water service for construction operations at time of project mobilization.

C. Connect to existing water source.

1. Exercise measures to conserve water.

D. Extend branch piping with outlets located so water is available by hoses with threaded connections.

PART 2 – PRODUCTS [NOT USED]
PART 3 – EXECUTION [NOT USED]

END OF SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 015500

VEHICULAR ACCESS AND PARKING
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-36
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. Access roads.

B. Parking.

C. Existing pavements and parking areas.

D. Permanent pavements and parking facilities.

E. Construction parking controls.

F. Haul routes.

G. Traffic signs and signals.

H. Maintenance.

I. Removal, repair.

J. Mud from site vehicles.

1.2 RELATED REQUIREMENTS [NOT USED]
PART 2 – PRODUCTS

2.1 MATERIALS
A. Temporary Construction: Contractor's option.

B. Materials for Permanent Construction: As specified in product specification sections, including earthwork, paving base, and topping.

2.2 SIGNS, SIGNALS, AND DEVICES
A. Post Mounted and Wall Mounted Traffic Control and Informational Signs:

Specified in Section 015813 - Temporary Project Signage.

B. Traffic Cones and Drums, Flares and Lights: As approved by local jurisdictions. -113-

Technical Provisions
Specifications No. 23/24-06
SECTION 015500

VEHICULAR ACCESS AND PARKING
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-37
PART 3 – EXECUTION

3.1 PREPARATION
A. Clear areas, provide surface and storm drainage of road, parking, area premises, and adjacent areas.

3.2 ACCESS ROADS
A. Use of existing on-site streets and driveways for construction traffic is permitted.

B. Tracked vehicles not allowed on paved areas.

C. Extend and relocate as work progress requires, provide detours as necessary for unimpeded traffic flow.

D. Location as approved by City.

E. Provide unimpeded access for emergency vehicles. Maintain 20 foot width driveways with turning space between and around combustible materials.

F. Provide and maintain access to fire hydrants free of obstructions.

3.3 PARKING
A. Use of existing parking facilities by construction personnel is not permitted.

B. Arrange for temporary parking areas to accommodate use of construction personnel.

C. When site space is not adequate, provide additional off-site parking.

D. Locate as indicated.

3.4 CONSTRUCTION PARKING CONTROL
A. Control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles, and the City's operations.

3.5 HAUL ROUTES
A. Confine construction traffic to designated haul routes. -114-

Technical Provisions
Specifications No. 23/24-06
SECTION 015500

VEHICULAR ACCESS AND PARKING
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-38
B. Provide traffic control at critical areas of haul routes to regulate traffic, to minimize interference with public traffic.

3.6 TRAFFIC SIGNS AND SIGNALS
A. At approaches to site and on site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic.

B. Relocate as work progresses, to maintain effective traffic control.

3.7 MAINTENANCE
A. Maintain traffic and parking areas in a sound condition free of excavated material, construction equipment, products, mud, snow, and ice.

B. Maintain existing paved areas used for construction; promptly repair breaks, potholes, low areas, standing water, and other deficiencies, to maintain paving and drainage in original, or specified, condition.

3.8 REMOVAL, REPAIR
A. Repair existing facilities damaged by use, to original condition.

B. Remove equipment and devices when no longer required.

C. Repair damage caused by installation.

3.9 MUD FROM SITE VEHICLES
A. Provide means of removing mud from vehicle wheels before entering streets.

END SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 015813

TEMPORARY PROJECT SIGNAGE
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-39
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. Project identification sign.

B. Project informational signs.

1.2 RELATED REQUIREMENTS [NOT USED]

1.3 REFERENCE STANDARDS [NOT USED]

1.3 QUALITY ASSURANCE
A. Design sign and structure to withstand 50 miles/hr. wind velocity.

B. Finishes, Painting: Adequate to withstand weathering, fading, and chipping for duration of construction.

1.4 SUBMITTALS [NOT USED]
PART 2 – PRODUCTS

2.1 SIGN MATERIALS
A. Structure and Framing: New, wood, structurally adequate.

B. Sign Surfaces: Exterior grade plywood with medium density overlay, minimum 3/4 inch thick, standard large sizes to minimize joints.

C. Rough Hardware: Galvanized.

2.2 PROJECT IDENTIFICATION SIGN
A. Content:

1. Project title, logo and name of City as indicated on Contract Documents.

2. Names and titles of authorities.

3. Names and titles of Architect and Consultants.

4. Name of Contractor.
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Technical Provisions
Specifications No. 23/24-06
SECTION 015813

TEMPORARY PROJECT SIGNAGE
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-40

2.3 PROJECT INFORMATIONAL SIGNS
A. Painted informational signs of same colors and lettering as Project Identification sign, or standard products; size lettering to provide legibility at 100 foot distance.

B. Provide at each field office, storage shed, and directional signs to direct traffic into and within site. Relocate as Work progress requires.

PART 3 – EXECUTION

3.1 INSTALLATION
A. Install project identification sign within 30 days after date fixed by Notice to Proceed.

B. Erect at location of high public visibility adjacent to main entrance to site.

C. Erect supports and framing on secure foundation, rigidly braced and framed to resist wind loadings.

D. Install sign surface plumb and level, with butt joints. Anchor securely.

3.2 MAINTENANCE
A. Maintain signs and supports clean, repair deterioration and damage.

3.3 REMOVAL
A. Remove signs, framing, supports, and foundations at completion of Project and restore the area.

END OF SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 016000

PRODUCT REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-41
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. General product requirements.

B. Transportation, handling, storage and protection.

C. Product option requirements.

D. Substitution limitations.

E. Procedures for City-supplied products.

F. Maintenance materials, including extra materials, spare parts, tools, and software.

1.2 RELATED REQUIREMENTS
A. Section 012500 - Substitution Procedures: Substitutions made during procurement and/or construction phases.

B. Section 014000 - Quality Requirements: Product quality monitoring.

C. Section 016116 - Volatile Organic Compound (VOC) Content Restrictions:

Requirements for VOC-restricted product categories.

D. Section 017419 - Construction Waste Management and Disposal: Waste disposal requirements potentially affecting product selection, packaging and substitutions.

1.3 REFERENCE STANDARDS
A. 16 CFR 260.13 - Guides for the Use of Environmental Marketing Claims; Federal Trade Commission; Recycled Content; Current Edition.

B. ASTM D6866 - Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis; 2016.

C. BIFMA e3 - Furniture Sustainability Standard; Business and Institutional Furniture Manufacturers Association; 2012.

D. C2C (DIR) - C2C Certified Products Registry; Cradle to Cradle Products Innovation Institute; www.c2ccertified.org/products/registry .
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Technical Provisions
Specifications No. 23/24-06
SECTION 016000

PRODUCT REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-42
E. CAL (CDPH SM) - Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions From Indoor Sources Using Environmental Chambers; California Department of Public Health; v1.1, 2010.

F. CAN/CSA Z809 - National Standard for Sustainable Forest Management; CSA International Inc; 2008.

G. EN 15804 - Sustainability of construction works - Environmental product declarations - Core rules for the product category of construction products; 2012.

H. GreenScreen (LIST) - GreenScreen for Safer Chemicals List Translator; Clean Production Action; www.greenscreenchemicals.org .

I. GreenScreen (METH) - GreenScreen for Safer Chemicals Method v1.2; Clean Production Action; www.greenscreenchemicals.org .

J. HPDC (HPD-OLT) - Create an HPD On-Line Tool; Health Product Declaration Collaborative; http://www.hpd-collaborative.org/ .

K. ISO 14025 - Environmental labels and declarations -- Type III environmental declarations -- Principles and procedures; 2006.

L. ISO 14040 - Environmental management -- Life cycle assessment -- Principles and framework; 2006.

M. ISO 14044 - Environmental management -- Life cycle assessment -- Requirements and guidelines; 2006.

N. ISO 21930 - Sustainability in building construction -- Environmental declaration of building products; 2007.

O. NEMA MG 1 - Motors and Generators; 2014.

P. NFPA 70 - National Electrical Code; Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements.

Q. NSF 332 - Sustainability Assessment for Resilient Floor Coverings; 2015.

1.4 SUBMITTALS
A. Proposed Products List: Submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. -119-

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1. Submit within 15 days after date of Agreement.

2. For products specified only by reference standards, list applicable reference standards.

B. Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to identify applicable products, models, options, and other data.

Supplement manufacturers' standard data to provide information specific to this Project.

C. Shop Drawing Submittals: Prepared specifically for this Project; indicate utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances.

D. Sample Submittals: Illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.

1. For selection from standard finishes, submit samples of the full range of the manufacturer's standard colors, textures, and patterns.

1.5 QUALITY ASSURANCE
A. Cradle-to-Cradle Certified: End use product certified Cradle-to-Cradle v2 Basic or Cradle-to-Cradle v3 Bronze, minimum, as evidenced by C2C (DIR).

B. Environmental Product Declaration (EPD): Publicly available, critically reviewed life cycle analysis having at least a cradle-to-gate scope.

1. Good: Product-specific; compliant with ISO 14044.

2. Better: Industry-wide, generic; compliant with ISO 21930, or with ISO 14044, ISO 14040, ISO 14025, and EN 15804; Type III third-party certification with external verification, in which the manufacturer is recognized as the program operator.

3. Best: Commercial-product-specific; compliant with ISO 21930, or with ISO 14044, ISO 14040, ISO 14025, and EN 15804; Type III third-party certification with external verification, in which the manufacturer is recognized as the program operator.

4. Where demonstration of impact reduction below industry average is required, submit both industry-wide and commercial-product-specific declarations; or -120-

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submit at least 5 declarations for products of the same type by other manufacturers in the same industry.

C. GreenScreen Chemical Hazard Analysis: Ingredients of 100 parts-per-million or greater evaluated using GreenScreen (METH).

1. Good: GreenScreen (LIST) evaluation to identify Benchmark 1 hazards; a Health Product Declaration includes this information.

2. Better: GreenScreen Full Assessment.

3. Best: GreenScreen Full Assessment by GreenScreen Licensed Profiler.

4. Acceptable Evidence: GreenScreen report.

D. Health Product Declarations (HPD): Complete, published declaration with full disclosure of known hazards, prepared using one of the HPDC (HPD-OLT) online tools.

PART 2 – PRODUCTS

2.1 NEW PRODUCTS
A. Provide new products unless specifically required or permitted by the Contract Documents.

B. See Section 014000 - Quality Requirements, for additional source quality control requirements.

C. Use of products having any of the following characteristics is not permitted:

1. Made outside the United States, its territories, Canada, or Mexico.

2. Made using or containing CFC's or HCFC's.

3. Made of wood from newly cut old growth timber.

4. Containing lead, cadmium, or asbestos.

D. Where other criteria are met, Contractor shall give preference to products that:

1. If used on interior, have lower emissions, as defined in Section 01 6116.

2. If wet-applied, have lower VOC content, as defined in Section 01 6116. -121-

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3. Are extracted, harvested, and/or manufactured closer to the location of the project.

4. Have longer documented life span under normal use.

5. Result in less construction waste. See Section 01 7419

6. Are made of vegetable materials that are rapidly renewable.

7. Are made of recycled materials.

8. If made of wood, are made of sustainably harvested wood, wood chips, or wood fiber.

9. If bio-based, other than wood, are or are made of Sustainable Agriculture Network certified products.

10. Are Cradle-to-Cradle Certified.

11. Have a published Environmental Product Declaration (EPD).

12. Have a published Health Product Declaration (HPD).

13. Have a published GreenScreen Chemical Hazard Analysis.

14. Have a published Manufacturer's Inventory of Chemical Content.

2.2 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description.

B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed.

C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named.

2.3 MAINTENANCE MATERIALS
A. Furnish extra materials, spare parts, tools, and software of types and in quantities specified in individual specification sections.
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B. Deliver to Project site; obtain receipt prior to final payment.

PART 3 – EXECUTION

3.1 SUBSTITUTION LIMITATIONS
A. See Section 012500 - Substitution Procedures.

3.2 CITY-SUPPLIED PRODUCTS
A. City's Responsibilities:

1. Arrange for and deliver City-reviewed shop drawings, product data, and samples, to Contractor.

2. Arrange and pay for product delivery to site.

3. On delivery, inspect products jointly with Contractor.

4. Submit claims for transportation damage and replace damaged, defective, or deficient items.

5. Arrange for manufacturers' warranties, inspections, and service.

B. Contractor's Responsibilities:

1. Review City-reviewed shop drawings, product data, and samples.

2. Receive and unload products at site; inspect for completeness or damage jointly with City.

3. Handle, store, install and finish products.

4. Repair or replace items damaged after receipt.

3.3 TRANSPORTATION AND HANDLING
A. Package products for shipment in manner to prevent damage; for equipment, package to avoid loss of factory calibration.

B. If special precautions are required, attach instructions prominently and legibly on outside of packaging.
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C. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials.

D. Transport and handle products in accordance with manufacturer's instructions.

E. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas.

F. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged.

G. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage, and to minimize handling.

H. Arrange for the return of packing materials, such as wood pallets, where economically feasible.

3.4 STORAGE AND PROTECTION
A. Provide protection of stored materials and products against theft, casualty, or deterioration.

B. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication. See Section 017419.

1. Structural Loading Limitations: Handle and store products and materials so as not to exceed static and dynamic load-bearing capacities of project floor and roof areas.

C. Store and protect products in accordance with manufacturers' instructions.

D. Store with seals and labels intact and legible.

E. Arrange storage of materials and products to allow for visual inspection for the purpose of determination of quantities, amounts, and unit counts.

F. Store sensitive products in weathertight, climate-controlled enclosures in an environment favorable to product.

G. For exterior storage of fabricated products, place on sloped supports above ground.
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H. Protect products from damage or deterioration due to construction operations, weather, precipitation, humidity, temperature, sunlight and ultraviolet light, dirt, dust, and other contaminants.

I. Comply with manufacturer's warranty conditions, if any.

J. Do not store products directly on the ground.

K. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products.

L. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter.

M. Prevent contact with material that may cause corrosion, discoloration, or staining.

N. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage.

O. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition.

END OF SECTION
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Specifications No. 23/24-06
SECTION 016115

VOLATILE ORGANIC COMPOUND (VOC) CONTENT RESTRICTIONS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-49
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. Requirements for Indoor-Emissions-Restricted products.

B. Requirements for VOC-Content-Restricted products.

C. Requirement for installer certification that they did not use any non-compliant products.

1.2 RELATED REQUIREMENTS
A. Section 014000 - Quality Requirements: Procedures for testing and certifications.

B. Section 016000 - Product Requirements: Fundamental product requirements, substitutions and product options, delivery, storage, and handling.

C. Section 079200 - Joint Sealants: Emissions-compliant sealants.

1.3 DEFINITIONS
A. Indoor-Emissions-Restricted Products: All products in the following product categories, whether specified or not:

1. Interior paints and coatings applied on site.

2. Interior adhesives and sealants applied on site, including flooring adhesives.

3. Flooring.

4. Composite wood.

5. Products making up wall and ceiling assemblies.

6. Thermal and acoustical insulation.

7. Free-standing furniture.

8. Other products when specifically stated in the specifications. -126-

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Pool Replaster & Repair Project
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B. VOC-Content-Restricted Products: All products in the following product categories, whether specified or not:

1. Exterior and interior paints and coatings applied on site.

2. Exterior and interior adhesives and sealants applied on site, including flooring adhesives.

3. Wet-applied roofing and waterproofing.

4. Other products when specifically stated in the specifications.

C. Interior of Building: Anywhere inside the exterior weather barrier.

D. Adhesives: All gunnable, trowelable, liquid-applied, and aerosol adhesives, whether specified or not; including flooring adhesives, resilient base adhesives, and pipe jointing adhesives.

E. Sealants: All gunnable, trowelable, and liquid-applied joint sealants and sealant primers, whether specified or not; including firestopping sealants and duct joint sealers.

F. Inherently Non-Emitting Materials: Products composed wholly of minerals or metals, unless they include organic-based surface coatings, binders, or sealants; and specifically the following:

1. Stone.

2. Concrete.

3. Clay brick.

4. Metals that are plated, anodized, or powder-coated.

5. Glass.

6. Ceramics.

7. Solid wood flooring that is unfinished and untreated. -127-

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Pool Replaster & Repair Project
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1.4 REFERENCE STANDARDS
A. 40 CFR 59, Subpart D - National Volatile Organic Compound Emission Standards for Architectural Coatings; U.S. Environmental Protection Agency; current edition.

B. ASTM D3960 - Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings; 2005 (Reapproved 2013).

C. BIFMA e3 - Furniture Sustainability Standard; Business and Institutional Furniture Manufacturers Association; 2012.

D. BIFMA M7.1 - Standard Test Method for Determining VOC Emissions; Business and Institutional Furniture Manufacturers Association; 2011.

E. CAL (CDPH SM) - Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions From Indoor Sources Using Environmental Chambers; California Department of Public Health; v1.1, 2010.

F. CARB (ATCM) - Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products; California Air Resources Board; current edition.

G. CARB (SCM) - Suggested Control Measure for Architectural Coatings; California Air Resources Board; 2007.

H. CHPS (HPPD) - High Performance Products Database; Current Edition at www.chps.net/ .

I. CRI (GLP) - Green Label Plus Testing Program - Certified Products; www.carpet- rug.org; current edition.

J. GreenSeal GS-36 - Adhesives for Commercial Use; 2013.

K. SCAQMD 1113 - South Coast Air Quality Management District Rule No.1113; current edition.

L. SCAQMD 1168 - South Coast Air Quality Management District Rule No.1168; current edition.

M. SCS (CPD) - SCS Certified Products; current listings at www.scscertified.com .

N. UL (GGG) - GREENGUARD Gold Certified Products; current listings at http://http://productguide.ulenvironment.com/QuickSearch.aspx . -128-

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Pool Replaster & Repair Project
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1.5 SUBMITTALS
A. Product Data: For each VOC-restricted product used in the project, submit evidence of compliance.

B. Installer Certifications Regarding Prohibited Content: Require each installer of any type of product (not just the products for which VOC restrictions are specified) to certify that either 1) no adhesives, joint sealants, paints, coatings, or composite wood or agrifiber products have been used in the installation of installer's products, or 2) that such products used comply with these requirements.

1.6 QUALITY ASSURANCE
A. Indoor Emissions Standard and Test Method: CAL (CDPH SM), using Standard Private Office exposure scenario and the allowable concentrations specified in the method, and range of total VOC's after 14 days.

1. Wet-Applied Products: State amount applied in mass per surface area.

2. Paints and Coatings: Test tinted products, not just tinting bases.

3. Evidence of Compliance: Acceptable types of evidence are the following; a. Current UL (GGG) certification.
b. Current SCS (CPD) Floorscore certification.
c. Current SCS (CPD) Indoor Advantage Gold certification. d. Current listing in CHPS (HPPD) as a low-emitting product. e. Current CRI (GLP) certification.
f. Test report showing compliance and stating exposure scenario used.

4. Product data submittal showing VOC content is NOT acceptable evidence.

5. Manufacturer's certification without test report by independent agency is NOT acceptable evidence.

B. VOC Content Test Method: 40 CFR 59, Subpart D (EPA Method 24), or ASTM D3960, unless otherwise indicated.
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1. Evidence of Compliance: Acceptable types of evidence are:
a. Report of laboratory testing performed in accordance with requirements. b. Published product data showing compliance with requirements. c. Certification by manufacturer that product complies with requirements.

C. Composite Wood Emissions Standard: CARB (ATCM) for ultra-low emitting formaldehyde (ULEF) resins.

1. Evidence of Compliance: Acceptable types of evidence are:
a. Current SCS "No Added Formaldehyde (NAF)" certification; www.scscertified.com .
b. Report of laboratory testing performed in accordance with requirements. c. Published product data showing compliance with requirements. d. Certification by manufacturer that product complies with requirements.

D. Furnishings Emissions Standard and Test Method: BIFMA e3 Sections 7.6.1 and

7.6.2, tested in accordance with BIFMA M7.1.

1. Evidence of Compliance:
a. Test report showing compliance and stating exposure scenario used.

E. Testing Agency Qualifications: Independent firm specializing in performing testing and inspections of the type specified in this section.

PART 2 – PRODUCTS

2.1 MATERIALS
A. All Products: Comply with the most stringent of federal, State, and local requirements, or these specifications.

B. Indoor-Emissions-Restricted Products: Comply with Indoor Emissions Standard and Test Method, except for:
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TP-54

1. Composite Wood, Wood Fiber, and Wood Chip Products: Comply with Composite Wood Emissions Standard or contain no added formaldehyde resins.

2. Furnishings: Comply with Furnishings Emissions Standard and Test Method.

3. Inherently Non-Emitting Materials.

C. VOC-Content-Restricted Products: VOC content not greater than required by the following:

1. Adhesives, Including Flooring Adhesives: SCAQMD 1168 Rule.

2. Aerosol Adhesives: GreenSeal GS-36.

3. Joint Sealants: SCAQMD 1168 Rule.

4. Paints and Coatings: Each color; most stringent of the following:
a. 40 CFR 59, Subpart D.
b. SCAQMD 1113 Rule.
c. CARB (SCM).

5. Wet-Applied Roofing and Waterproofing: Comply with requirements for paints and coatings.

PART 3 – EXECUTION

3.1 FIELD QUALITY CONTROL
A. The City reserves the right to reject non-compliant products, whether installed or not, and require their removal and replacement with compliant products at no extra cost to the City.

B. Additional costs to restore indoor air quality due to installation of non-compliant products will be borne by Contractor.

END SECTION
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SECTION 017000

EXECUTION AND CLOSEOUT REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-55
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. Examination, preparation, and general installation procedures.

B. Requirements for alterations work, including selective demolition, except removal, disposal, and/or remediation of hazardous materials and toxic substances.

C. Pre-installation meetings.

D. Cutting and patching.

E. Surveying for laying out the work.

F. Cleaning and protection.

G. Starting of systems and equipment.

H. Demonstration and instruction of the City personnel.

I. Closeout procedures, including Contractor's Correction Punch List, except payment procedures.

J. General requirements for maintenance service.

1.2 RELATED REQUIREMENTS
A. Section 014000 - Quality Requirements: Testing and inspection procedures.

B. Section 017419 - Construction Waste Management and Disposal: Additional procedures for trash/waste removal, recycling, salvage, and reuse.

C. Section 017800 - Closeout Submittals: Project record documents, operation and maintenance data, warranties, and bonds.

1.3 REFERENCE STANDARDS
A. NFPA 241 - Standard for Safeguarding Construction, Alteration, and Demolition Operations; 2013.
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1.4 SUBMITTALS
A. Survey work: Submit name, address, and telephone number of Surveyor before starting survey work.

1. On request, submit documentation verifying accuracy of survey work.

2. Submit a copy of site drawing signed by the Land Surveyor, that the elevations and locations of the work are in compliance with Contract Documents.

3. Submit surveys and survey logs for the project record.

B. Demolition Plan: Submit demolition plan as specified by OSHA and local authorities.

1. Indicate extent of demolition, removal sequence, bracing and shoring, and location and construction of barricades and fences. Include design drawings and calculations for bracing and shoring.

2. Identify demolition firm and submit qualifications.

3. Include a summary of safety procedures.

C. Cutting and Patching: Submit written request in advance of cutting or alteration that affects:

1. Structural integrity of any element of Project.

2. Integrity of weather exposed or moisture resistant element.

3. Efficiency, maintenance, or safety of any operational element.

4. Visual qualities of sight exposed elements.

5. Work of the City or separate Contractor.

6. Include in request:
a. Identification of Project.
b. Location and description of affected work.
c. Necessity for cutting or alteration.
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d. Description of proposed work and products to be used. e. Alternatives to cutting and patching.
f. Effect on work of the City or separate Contractor.
g. Written permission of affected separate Contractor.
h. Date and time work will be executed.

D. Project Record Documents: Accurately record actual locations of capped and active utilities.

1.5 QUALIFICATIONS
A. For demolition work, employ a firm specializing in the type of work required.

B. For surveying work, employ a land surveyor registered in California and acceptable to Architect. Submit evidence of surveyor's Errors and Omissions insurance coverage in the form of an Insurance Certificate. Employ only individual(s) trained and experienced in collecting and recording accurate data relevant to ongoing construction activities,
C. For design of temporary shoring and bracing, employ a Professional Engineer experienced in design of this type of work and licensed in California.

1.6 PROJECT CONDITIONS
A. Use of explosives is not permitted.

B. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment.

C. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion.

D. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases.

E. Dust Control: Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air-borne dust from dispersing into atmosphere and over adjacent property.
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F. Erosion and Sediment Control: Plan and execute work by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas.

Prevent erosion and sedimentation.

1. Minimize amount of bare soil exposed at one time.

2. Provide temporary measures such as berms, dikes, and drains, to prevent water flow.

3. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays.

4. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures.

G. Noise Control: Provide methods, means, and facilities to minimize noise produced by construction operations.

1. At All Times: Excessively noisy tools and operations will not be tolerated on site anywhere at any time of day; excessively noisy includes jackhammers, pile drivers, pneumatic hammers, and diesel engines.

2. Outdoors: Limit conduct of especially noisy exterior work to the hours of 8 am to 5 pm.

3. Indoors: Limit conduct of especially noisy interior work to the hours of 6 am to 6 pm.

H. Pest and Rodent Control: Provide methods, means, and facilities to prevent pests and insects from damaging the work.

I. Rodent Control: Provide methods, means, and facilities to prevent rodents from accessing or invading premises.

J. Pollution Control: Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. Comply with federal, state, and local regulations.
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EXECUTION AND CLOSEOUT REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-59

1.7 COORDINATION
A. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later.

B. Notify affected utility companies and comply with their requirements.

C. Verify that utility requirements and characteristics of new operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment.

D. Coordinate space requirements, supports, and installation of mechanical and electrical work that are indicated diagrammatically on drawings. Follow routing indicated for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs.

E. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements.

F. Coordinate completion and clean-up of work of separate sections.

G. After the City’s occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of the City's activities.

PART 2 – PRODUCTS

2.1 PATCHING MATERIALS
A. New Materials: As specified in product sections; match existing products and work for patching and extending work.

B. Type and Quality of Existing Products: Determine by inspecting and testing products where necessary, referring to existing work as a standard.

C. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 016000 - Product Requirements. -136-

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Pool Replaster & Repair Project
TP-60
PART 3 – EXECUTION

3.1 EXAMINATION
A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions.

B. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached.

C. Examine and verify specific conditions described in individual specification sections.

D. Take field measurements before confirming product orders or beginning fabrication, to minimize waste due to over-ordering or misfabrication.

E. Verify that utility services are available, of the correct characteristics, and in the correct locations.

F. Prior to Cutting: Examine existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work.

Beginning of cutting or patching means acceptance of existing conditions.

3.2 PREPARATION
A. Clean substrate surfaces prior to applying next material or substance.

B. Seal cracks or openings of substrate prior to applying next material or substance.

C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond.

3.3 PREINSTALLATION MEETINGS
A. When required in individual specification sections, convene a preinstallation meeting at the site prior to commencing work of the section.

B. Require attendance of parties directly affecting, or affected by, work of the specific section.

C. Notify Architect four days in advance of meeting date.

D. Prepare agenda and preside at meeting:
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1. Review conditions of examination, preparation and installation procedures.

2. Review coordination with related work.

E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, the City, participants, and those affected by decisions made.

3.4 LAYING OUT THE WORK
A. Verify locations of survey control points prior to starting work.

B. Promptly notify Architect of any discrepancies discovered.

C. Contractor shall locate and protect survey control and reference points.

D. Protect survey control points prior to starting site work; preserve permanent reference points during construction.

E. Promptly report to Architect the loss or destruction of any reference point or relocation required because of changes in grades or other reasons.

F. Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to Architect.

G. Utilize recognized engineering survey practices.

H. Establish a minimum of two permanent bench marks on site, referenced to established control points. Record locations, with horizontal and vertical data, on project record documents.

I. Establish elevations, lines and levels. Locate and lay out by instrumentation and similar appropriate means:

1. Site improvements including pavements; stakes for grading, fill and topsoil placement; utility locations, slopes, and invert elevations.

2. Grid or axis for structures.

3. Building foundation, column locations, ground floor elevations.

4. Controlling lines and levels required for mechanical and electrical trades. -138-

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EXECUTION AND CLOSEOUT REQUIREMENTS
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TP-62
J. Periodically verify layouts by same means.

K. Maintain a complete and accurate log of control and survey work as it progresses.

L. On completion of foundation walls and major site improvements, prepare a certified survey illustrating dimensions, locations, angles, and elevations of construction and site work.

3.5 GENERAL INSTALLATION REQUIREMENTS
A. In addition to compliance with regulatory requirements, conduct construction operations in compliance with NFPA 241, including applicable recommendations in Appendix A.

B. Install products as specified in individual sections, in accordance with manufacturer's instructions and recommendations, and so as to avoid waste due to necessity for replacement.

C. Make vertical elements plumb and horizontal elements level, unless otherwise indicated.

D. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated.

E. Make consistent texture on surfaces, with seamless transitions, unless otherwise indicated.

F. Make neat transitions between different surfaces, maintaining texture and appearance.

3.6 ALTERATIONS
A. Drawings showing existing construction and utilities are based on casual field observation and existing record documents only.

1. Verify that construction and utility arrangements are as indicated.

2. Report discrepancies to Architect before disturbing existing installation.

3. Beginning of alterations work constitutes acceptance of existing conditions.

B. Keep areas in which alterations are being conducted separated from other areas that are still occupied.
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1. Provide, erect, and maintain temporary dustproof partitions of construction specified in Section 015000 in locations indicated on drawings.

C. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications; take care to prevent water and humidity damage.

1. Where openings in exterior enclosure exist, provide construction to make exterior enclosure weatherproof.

2. Insulate existing ducts or pipes that are exposed to outdoor ambient temperatures by alterations work.

D. Remove existing work as indicated and as required to accomplish new work.

1. Remove items indicated on drawings.

2. Relocate items indicated on drawings.

3. Where new surface finishes are to be applied to existing work, perform removals, patch, and prepare existing surfaces as required to receive new finish; remove existing finish if necessary for successful application of new finish.

4. Where new surface finishes are not specified or indicated, patch holes and damaged surfaces to match adjacent finished surfaces as closely as possible.

E. Services (Including but not limited to Plumbing, Fire Protection, and Electrical):

Remove, relocate, and extend existing systems to accommodate new construction.

1. Maintain existing active systems that are to remain in operation; maintain access to equipment and operational components; if necessary, modify installation to allow access or provide access panel.

2. Where existing systems or equipment are not active and Contract Documents require reactivation, put back into operational condition; repair supply, distribution, and equipment as required.

3. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service.
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EXECUTION AND CLOSEOUT REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-64
a. Disable existing systems only to make switchovers and connections; minimize duration of outages.
b. Provide temporary connections as required to maintain existing systems in service.

4. Verify that abandoned services serve only abandoned facilities.

5. Remove abandoned pipe, ducts, conduits, and equipment, including those above accessible ceilings; remove back to source of supply where possible, otherwise cap stub and tag with identification; patch holes left by removal using materials specified for new construction.

F. Protect existing work to remain.

1. Prevent movement of structure; provide shoring and bracing if necessary.

2. Perform cutting to accomplish removals neatly and as specified for cutting new work.

3. Repair adjacent construction and finishes damaged during removal work.

G. Adapt existing work to fit new work: Make as neat and smooth transition as possible.

1. When existing finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to Architect.

2. Where a change of plane of 1/4 inch or more occurs in existing work, submit recommendation for providing a smooth transition for Architect review and request instructions.

H. Patching: Where the existing surface is not indicated to be refinished, patch to match the surface finish that existed prior to cutting. Where the surface is indicated to be refinished, patch so that the substrate is ready for the new finish.

I. Refinish existing surfaces as indicated:

1. Where rooms or spaces are indicated to be refinished, refinish all visible existing surfaces to remain to the specified condition for each material, with a neat transition to adjacent finishes.
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Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-65

2. If mechanical or electrical work is exposed accidentally during the work, re- cover and refinish to match.

J. Clean existing systems and equipment.

K. Remove demolition debris and abandoned items from alterations areas and dispose of off-site; do not burn or bury.

L. Do not begin new construction in alterations areas before demolition is complete.

M. Comply with all other applicable requirements of this section.

3.7 CUTTING AND PATCHING
A. Whenever possible, execute the work by methods that avoid cutting or patching.

B. See Alterations article above for additional requirements.

C. Perform whatever cutting and patching is necessary to:

1. Complete the work.

2. Fit products together to integrate with other work.

3. Provide openings for penetration of mechanical, electrical, and other services.

4. Match work that has been cut to adjacent work.

5. Repair areas adjacent to cuts to required condition.

6. Repair new work damaged by subsequent work.

7. Remove samples of installed work for testing when requested.

8. Remove and replace defective and non-complying work.

D. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition.

E. Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces.
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EXECUTION AND CLOSEOUT REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-66
F. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval.

G. Restore work with new products in accordance with requirements of Contract Documents.

H. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

I. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely seal voids with fire rated material in accordance with CBC, to full thickness of the penetrated element.

J. Patching:

1. Finish patched surfaces to match finish that existed prior to patching. On continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit.

2. Match color, texture, and appearance.

3. Repair patched surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. If defects are due to condition of substrate, repair substrate prior to repairing finish.

3.8 PROGRESS CLEANING
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition.

B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space.

C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust.

D. Collect and remove waste materials, debris, and trash/rubbish from site periodically and dispose off-site; do not burn or bury.

3.9 PROTECTION OF INSTALLED WORK
A. Protect installed work from damage by construction operations. -143-

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Pool Replaster & Repair Project
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B. Provide special protection where specified in individual specification sections.

C. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage.

D. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings.

E. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials.

F. Protect work from spilled liquids. If work is exposed to spilled liquids, immediately remove protective coverings, dry out work, and replace protective coverings.

G. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer.

H. Prohibit traffic from landscaped areas.

I. Remove protective coverings when no longer needed; reuse or recycle coverings if possible.

3.10 SYSTEM STARTUP
A. Coordinate schedule for start-up of various equipment and systems.

B. Notify Architect and the City seven days prior to start-up of each item.

C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, and for conditions that may cause damage.

D. Verify tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer.

E. Verify that wiring and support components for equipment are complete and tested.

F. Execute start-up under supervision of applicable Contractor personnel and manufacturer's representative in accordance with manufacturers' instructions.

G. When specified in individual specification Sections, require manufacturer to provide authorized representative to be present at site to inspect, check, and -144-

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EXECUTION AND CLOSEOUT REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-68
approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation.

H. Submit a written report that equipment or system has been properly installed and is functioning correctly.

3.11 DEMONSTRATION AND INSTRUCTION
A. Demonstrate operation and maintenance of products to the City's personnel two weeks prior to date of Substantial Completion.

B. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, maintenance, and shutdown of each item of equipment at scheduled time, at equipment location.

C. For equipment or systems requiring seasonal operation, perform demonstration for other season within six months.

D. Provide a qualified person who is knowledgeable about the Project to perform demonstration and instruction of the City's personnel.

E. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with the City's personnel in detail to explain all aspects of operation and maintenance.

F. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction.

G. The amount of time required for instruction on each item of equipment and system is that specified in individual sections.

3.12 ADJUSTING
A. Adjust operating products and equipment to ensure smooth and unhindered operation.

3.13 FINAL CLEANING
A. Execute final cleaning prior to final project assessment.

1. Clean areas to be occupied by the City prior to final completion before the City’s occupancy.
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Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-69
B. Use cleaning materials that are nonhazardous.

C. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.

D. Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment.

E. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned.

F. Clean filters of operating equipment.

G. Clean debris from roofs, gutters, downspouts, scuppers, overflow drains, area drains, and drainage systems.

H. Clean site; sweep paved areas, rake clean landscaped surfaces.

I. Remove waste, surplus materials, trash/rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury.

3.14 CLOSEOUT PROCEDURES
A. Make submittals that are required by governing or other authorities.

1. Provide copies to Architect and the City.

B. Accompany Project Coordinator on preliminary inspection to determine items to be listed for completion or correction in the Contractor's Correction Punch List for Contractor's Notice of Substantial Completion.

C. Notify Architect when work is considered ready for Architect's Substantial Completion inspection.

D. Submit written certification containing Contractor's Correction Punch List, that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for Architect's Substantial Completion inspection.

E. Conduct Substantial Completion inspection and create Final Correction Punch List containing Architect's and Contractor's comprehensive list of items identified to be completed or corrected and submit to Architect.
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EXECUTION AND CLOSEOUT REQUIREMENTS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-70
F. Correct items of work listed in Final Correction Punch List and comply with requirements for access to City-occupied areas.

G. Notify Architect when work is considered finally complete and ready for Architect's Substantial Completion final inspection.

H. Complete items of work determined by Architect listed in executed Certificate of Substantial Completion.

3.15 MAINTENANCE
A. Provide service and maintenance of components indicated in specification sections.

B. Maintenance Period: As indicated in specification sections or, if not indicated, not less than one year from the Date of Substantial Completion or the length of the specified warranty, whichever is longer.

C. Examine system components at a frequency consistent with reliable operation.

Clean, adjust, and lubricate as required.

D. Include systematic examination, adjustment, and lubrication of components.

Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component.

E. Maintenance service shall not be assigned or transferred to any agent or subcontractor without prior written consent of the City.

END OF SECTION
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SECTION 017419

CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-71
PART 1 – GENERAL

1.1 WASTE MANAGEMENT REQUIREMENTS
A. The City requires that this project comply with all City Waste Ordinances.

B. Employ processes that ensure the generation of as little waste as possible due to error, poor planning, breakage, mishandling, contamination, or other factors.

C. Minimize trash/waste disposal in landfills; reuse, salvage, or recycle as much waste as economically feasible.

D. Required Recycling, Salvage, and Reuse: The following may not be disposed of in landfills or by incineration:

1. Wood pallets.

2. Clean dimensional wood.

3. Concrete: May be crushed and used as riprap, aggregate, sub-base material, or fill.

4. Concrete masonry units: May be used on project if whole, or crushed and used as sub-base material or fill.

5. Asphalt paving: May be recycled into paving for project.

6. Metals, including packaging banding, metal studs, sheet metal, structural steel, piping, reinforcing bars, door frames, and other items made of steel, iron, galvanized steel, stainless steel, aluminum, copper, zinc, lead, brass, and bronze.

7. Plumbing fixtures.

8. Mechanical and electrical equipment.

9. Fluorescent lamps (light bulbs).

E. Contractor shall submit periodic Waste Disposal Reports; all landfill disposal, recycling, salvage, and reuse must be reported regardless of to whom the cost or savings accrues; use the same units of measure on all reports. -148-

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Pool Replaster & Repair Project
TP-72
F. Contractor shall develop and follow a Waste Management Plan designed to implement these requirements.

G. Methods of trash/waste disposal that are not acceptable are:

1. Burning on the project site.

2. Burying on the project site.

3. Dumping or burying on other property, public or private.

4. Other illegal dumping or burying.

5. Incineration, either on- or off-site.

H. Regulatory Requirements: Contractor is responsible for knowing and complying with regulatory requirements, including but not limited to Federal, state and local requirements, pertaining to legal disposal of all construction and demolition waste materials.

1.2 RELATED REQUIREMENTS
A. Section 015000 - Temporary Facilities and Controls: Additional requirements related to trash/waste collection and removal facilities and services.

B. Section 016000 - Product Requirements: Waste prevention requirements related to delivery, storage, and handling.

C. Section 017000 - Execution and Closeout Requirements: Trash/waste prevention procedures related to demolition, cutting and patching, installation, protection, and cleaning.

1.3 DEFINITIONS
A. Clean: Untreated and unpainted; not contaminated with oils, solvents, caulk, or the like.

B. Construction and Demolition Waste: Solid wastes typically including building materials, packaging, trash, debris, and rubble resulting from construction, remodeling, repair and demolition operations.

C. Hazardous: Exhibiting the characteristics of hazardous substances, i.e., ignitibility, corrosivity, toxicity or reactivity.
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TP-73
D. Nonhazardous: Exhibiting none of the characteristics of hazardous substances, i.e., ignitibility, corrosivity, toxicity, or reactivity.

E. Nontoxic: Neither immediately poisonous to humans nor poisonous after a long period of exposure.

F. Recyclable: The ability of a product or material to be recovered at the end of its life cycle and remanufactured into a new product for reuse by others.

G. Recycle: To remove a waste material from the project site to another site for remanufacture into a new product for reuse by others.

H. Recycling: The process of sorting, cleansing, treating and reconstituting solid waste and other discarded materials for the purpose of using the altered form.

Recycling does not include burning, incinerating, or thermally destroying waste.

I. Return: To give back reusable items or unused products to vendors for credit.

J. Reuse: To reuse a construction waste material in some manner on the project site.

K. Salvage: To remove a waste material from the project site to another site for resale or reuse by others.

L. Sediment: Soil and other debris that has been eroded and transported by storm or well production run-off water.

M. Source Separation: The act of keeping different types of waste materials separate beginning from the first time they become waste.

N. Toxic: Poisonous to humans either immediately or after a long period of exposure.

O. Trash: Any product or material unable to be reused, returned, recycled, or salvaged.

P. Waste: Extra material or material that has reached the end of its useful life in its intended use. Waste includes salvageable, returnable, recyclable, and reusable material.

1.4 SUBMITTALS
A. Landfill Alternatives Proposal: Within 10 calendar days after receipt of Notice of Award of Bid, or prior to any trash or waste removal, whichever occurs sooner, -150-

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Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-74
submit a projection of trash/waste that will require disposal and alternatives to landfilling, with net costs.

1. Submit to Architect for the City's review and approval.

2. If the City wishes to implement any cost alternatives, the Contract Price will be adjusted as specified elsewhere.

3. Include an analysis of trash/waste to be generated and landfill options as specified for Waste Management Plan described below.

4. Describe as many alternatives to landfilling as possible:
a. List each material proposed to be salvaged, reused, or recycled. b. List the proposed local market for each material.
c. State the estimated net cost resulting from each alternative, after subtracting revenue from sale of recycled or salvaged materials and landfill tipping fees saved due to diversion of materials from the landfill.

5. Provide alternatives to landfilling for at least the following materials:
a. Bricks.

B. Once the City has determined which of the landfill alternatives addressed in the Proposal above are acceptable, prepare and submit Waste Management Plan; submit within 10 calendar days after notification by Architect.

C. Waste Management Plan: Include the following information:

1. Analysis of the trash and waste projected to be generated during the entire project construction cycle, including types and quantities.

2. Landfill Options: The name, address, and telephone number of the landfill(s) where trash/waste will be disposed of, the applicable landfill tipping fee(s), and the projected cost of disposing of all project trash/waste in the landfill(s).

3. Landfill Alternatives: List all waste materials that will be diverted from landfills by reuse, salvage, or recycling.

4. Meetings: Describe regular meetings to be held to address waste prevention, reduction, recycling, salvage, reuse, and disposal.
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5. Materials Handling Procedures: Describe the means by which materials to be diverted from landfills will be protected from contamination and prepared for acceptance by designated facilities; include separation procedures for recyclables, storage, and packaging.

6. Transportation: Identify the destination and means of transportation of materials to be recycled; i.e. whether materials will be site-separated and self- hauled to designated centers, or whether mixed materials will be collected by a waste hauler.

7. Recycling Incentives: Describe procedures required to obtain credits, rebates, or similar incentives.

D. Waste Disposal Reports: Submit at specified intervals, with details of quantities of trash and waste, means of disposal or reuse, and costs; show both totals to date and since last report.

1. Submit updated Report with each Application for Progress Payment; failure to submit Report will delay payment.

2. Submit Report on a form acceptable to the City.

3. Landfill Disposal: Include the following information:
a. Identification of material.
b. Amount, in tons or cubic yards, of trash/waste material from the project disposed of in landfills.
c. State the identity of landfills, total amount of tipping fees paid to landfill, and total disposal cost.
d. Include manifests, weight tickets, receipts, and invoices as evidence of quantity and cost.

4. Recycled and Salvaged Materials: Include the following information for each:
a. Identification of material, including those retrieved by installer for use on other projects.
b. Amount, in tons or cubic yards, date removed from the project site, and receiving party.
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TP-76
c. Transportation cost, amount paid or received for the material, and the net total cost or savings of salvage or recycling each material. d. Include manifests, weight tickets, receipts, and invoices as evidence of quantity and cost.
e. Certification by receiving party that materials will not be disposed of in landfills or by incineration.

5. Material Reused on Project: Include the following information for each:
a. Identification of material and how it was used in the project. b. Amount, in tons or cubic yards.
c. Include weight tickets as evidence of quantity.

6. Other Disposal Methods: Include information similar to that described above, as appropriate to disposal method.

PART 2 – PRODUCTS

2.1 PRODUCT SUBSTITUTIONS
A. See Section 016000 - Product Requirements for substitution submission procedures.

B. For each proposed product substitution, submit the following information in addition to requirements specified in Section 016000:

1. Relative amount of waste produced, compared to specified product.

2. Cost savings on waste disposal, compared to specified product, to be deducted from the Contract Price.

3. Proposed disposal method for waste product.

4. Markets for recycled waste product.
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CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-77
PART 3 – EXECUTION

3.1 WASTE MANAGEMENT PROCEDURES
A. See Section 015000 for additional requirements related to trash/waste collection and removal facilities and services.

B. See Section 016000 for waste prevention requirements related to delivery, storage, and handling.A.

C. See Section 017000 for trash/waste prevention procedures related to demolition, cutting and patching, installation, protection, and cleaning.

3.2 WASTE MANAGEMENT PLAN IMPLEMENTATION
A. Manager: Designate an on-site person or persons responsible for instructing workers and overseeing and documenting results of the Waste Management Plan.

B. Communication: Distribute copies of the Waste Management Plan to job site foreman, each subcontractor, the City, and Architect.

C. Instruction: Provide on-site instruction of appropriate separation, handling, and recycling, salvage, reuse, and return methods to be used by all parties at the appropriate stages of the project.

D. Meetings: Discuss trash/waste management goals and issues at project meetings.

1. Prebid meeting.

2. Preconstruction meeting.

3. Regular job-site meetings.

4. Job safety meetings.

E. Facilities: Provide specific facilities for separation and storage of materials for recycling, salvage, reuse, return, and trash disposal, for use by all contractors and installers.

1. As a minimum, provide:
a. Separate area for storage of materials to be reused on-site, such as wood cut-offs for blocking.
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Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-78
b. Separate dumpsters for each category of recyclable.
c. Recycling bins at worker lunch area.

2. Provide containers as required.

3. Provide temporary enclosures around piles of separated materials to be recycled or salvaged.

4. Provide materials for barriers and enclosures that are nonhazardous, recyclable, or reusable to the maximum extent possible; reuse project construction waste materials if possible.

5. Locate enclosures out of the way of construction traffic.

6. Provide adequate space for pick-up and delivery and convenience to subcontractors.

7. If an enclosed area is not provided, clearly lay out and label a specific area on-site.

8. Keep recycling and trash/waste bin areas neat and clean and clearly marked in order to avoid contamination of materials.

F. Hazardous Wastes: Separate, store, and dispose of hazardous wastes according to applicable regulations.

G. Recycling: Separate, store, protect, and handle at the site identified recyclable waste products in order to prevent contamination of materials and to maximize recyclability of identified materials. Arrange for timely pickups from the site or deliveries to recycling facility in order to prevent contamination of recyclable materials.

H. Reuse of Materials On-Site: Set aside, sort, and protect separated products in preparation for reuse.

I. Salvage: Set aside, sort, and protect products to be salvaged for reuse off-site.

END OF SECTION
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Technical Provisions
Specifications No. 23/24-06
SECTION 017800

CLOSEOUT SUBMITALS
Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
TP-79
PART 1 – GENERAL

1.1 SECTION INCLUDES
A. Project Record Documents.

B. Operation and Maintenance Data.

C. Warranties and bonds.

1.2 RELATED REQUIREMENTS
A. Section 017000 - Execution and Closeout Requirements: Contract closeout procedures.

B. Individual Product Sections: Specific requirements for operation and maintenance data.

C. Individual Product Sections: Warranties required for specific products or Work.

1.3 SUBMITTALS
A. Project Record Documents: Submit documents to Architect with claim for final Application for Payment.

B. Operation and Maintenance Data:

1. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. Architect will review draft and return one copy with comments.

2. For equipment, or component parts of equipment put into service during construction and operated by the City, submit completed documents within ten days after acceptance.

3. Submit one copy of completed documents 15 days prior to final inspection.

This copy will be reviewed and returned after final inspection, with Architect comments. Revise content of all document sets as required prior to final submission.

4. Submit two sets of revised final documents in final form within 10 days after final inspection.
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Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
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C. Warranties and Bonds:

1. For equipment or component parts of equipment put into service during construction with the City's permission, submit documents within 10 days after acceptance.

2. Make other submittals within 10 days after Date of Substantial Completion, prior to final Application for Payment.

3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period.

PART 2 – PRODUCTS [NOT USED]
PART 3 – EXECUTION

3.1 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of the following record documents; record actual revisions to the Work:

1. Drawings.

2. Specifications.

3. Addenda.

4. Change Orders and other modifications to the Contract.

5. Reviewed shop drawings, product data, and samples.

6. Manufacturer's instruction for assembly, installation, and adjusting.

B. Ensure entries are complete and accurate, enabling future reference by the City.

C. Store record documents separate from documents used for construction.

D. Record information concurrent with construction progress.

E. Specifications: Legibly mark and record at each product section description of actual products installed, including the following:

1. Manufacturer's name and product model and number.
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Thompson Park Outdoor Swimming
Pool Replaster & Repair Project
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2. Product substitutions or alternates utilized.

3. Changes made by Addenda and modifications.

F. Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including:

1. Measured depths of foundations in relation to finish first floor datum.

2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements.

3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work.

4. Field changes of dimension and detail.

5. Details not on original Contract drawings.

3.2 OPERATION AND MAINTENANCE DATA
A. Source Data: For each product or system, list names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts.

B. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information.

C. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings.

D. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions.

3.3 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A. For Each Product, Applied Material, and Finish:

1. Product data, with catalog number, size, composition, and color and texture designations.

2. Information for re-ordering custom manufactured products. -158-

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Pool Replaster & Repair Project
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B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance.

C. Moisture protection and weather-exposed products: Include product data listing applicable reference standards, chemical composition, and details of installation.

Provide recommendations for inspections, maintenance, and repair.

D. Additional information as specified in individual product specification sections.

E. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products.

3.4 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. For Each Item of Equipment and Each System:

1. Description of unit or system, and component parts.

2. Identify function, normal operating characteristics, and limiting conditions.

3. Include performance curves, with engineering data and tests.

4. Complete nomenclature and model number of replaceable parts.

B. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products.

C. Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications; typed.

D. Include color coded wiring diagrams as installed.

E. Operating Procedures: Include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions.

F. Maintenance Requirements: Include routine procedures and guide for preventative maintenance and troubleshooting; disassembly, repair, and -159-

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reassembly instructions; and alignment, adjusting, balancing, and checking instructions.

G. Provide servicing and lubrication schedule, and list of lubricants required.

H. Include manufacturer's printed operation and maintenance instructions.

I. Include sequence of operation by controls manufacturer.

J. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance.

K. Provide control diagrams by controls manufacturer as installed.

L. Provide Contractor's coordination drawings, with color coded piping diagrams as installed.

M. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams.

N. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage.

O. Include test and balancing reports.

P. Additional Requirements: As specified in individual product specification sections.

3.5 ASSEMBLY OF OPERATION AND MAINTENANCE MANUALS
A. Assemble operation and maintenance data into durable manuals for the City's personnel use, with data arranged in the same sequence as, and identified by, the specification sections.

B. Where systems involve more than one specification section, provide separate tabbed divider for each system.

C. Binders: Commercial quality, 8-1/2 by 11 inch three D side ring binders with durable plastic covers; 2 inch maximum ring size. When multiple binders are used, correlate data into related consistent groupings.

D. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; identify title of Project; identify subject matter of contents.
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E. Project Directory: Title and address of Project; names, addresses, and telephone numbers of Architect, Consultants, Contractor and subcontractors, with names of responsible parties.

F. Tables of Contents: List every item separated by a divider, using the same identification as on the divider tab; where multiple volumes are required, include all volumes Tables of Contents in each volume, with the current volume clearly identified.

G. Dividers: Provide tabbed dividers for each separate product and system; identify the contents on the divider tab; immediately following the divider tab include a description of product and major component parts of equipment.

H. Text: Manufacturer's printed data, or typewritten data on 20 pound paper.

I. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages.

J. Arrangement of Contents: Organize each volume in parts as follows:

1. Project Directory.

2. Table of Contents, of all volumes, and of this volume.

3. Operation and Maintenance Data: Arranged by system, then by product category.
a. Source data.
b. Product data, shop drawings, and other submittals.
c. Operation and maintenance data.
d. Field quality control data.
e. Photocopies of warranties and bonds.

4. Design Data: To allow for addition of design data furnished by Architect or others, provide a tab labeled "Design Data" and provide a binder large enough to allow for insertion of at least 20 pages of typed text. -161-

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3.6 WARRANTIES AND BONDS
A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within 10 days after completion of the applicable item of work. Except for items put into use with the City's permission, leave date of beginning of time of warranty until Date of Substantial completion is determined.

B. Verify that documents are in proper form, contain full information, and are notarized.

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