14-I — Bellflower City Council, August 12, 2024

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

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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.

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

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

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EXHIBIT A – SCOPE OF SERVICES
CONSULTANT will perform the tasks described in CONSULTANT’s Proposal dated June 26, 2024 attached hereto as Exhibit A1.
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City of Bellflower
Agreement File No. 937 - Amendment No. 3
NCA STUDIO, INC.

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EXHIBIT A1
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> 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
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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.

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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.

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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.
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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.

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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
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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.

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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
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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.

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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.

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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:

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.

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

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

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EXHIBIT A
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> ARCHITECTURE
> INTERIORS
> DESIGN

DESIGN ARCHITECT AND ARCHITECT OF RECORD DIVISION OF WORK

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

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NCA Studio Inc.

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

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

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

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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.

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

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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).

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

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

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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-

Bellflower City CouncilAugust 12, 2024

Bellflower City Council
August 12, 2024