Agenda packet — Bell Gardens City Council, March 14, 2022

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CITY OF BELL GARDENS
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CITY COUNCIL

REGULAR MEETING
MONDAY, MARCH 14, 2022, 6:00 PM
AGENDA
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On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 ("AB 361"), which was effective immediately and amends Government Code section 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body.

Pursuant to AB 361, please be advised that members of the Bell Gardens City Council may participate in meetings telephonically. The public may view the meeting and participate in public remotely.

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than one (1) hour before the scheduled meeting.

CALL TO ORDER

ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor

CLOSED SESSION REPORT

PRESENTATIONS
• BELL GARDENS HIGH SCHOOLBOYS BASKETBALL TEAM
• BELL GARDENS HIGH SCHOOL WRESTLER - KATHERINE

HERNANDEZ
• CARMEN MORALES, CITY PLANNER RECOGNITION
1 • WOMEN'S HISTORY MONTH

PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361 ,and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand"feature on the zoom app,when it is your turn to speak the host will unmute you. Live comments mayalso be made by call-in users on zoom bydialing (669)900-9128,when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press*9,when it is your turn to speak, the user will need to dial*6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one(1)hour prior to the meeting.Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.

CITY MANAGER'S REPORT
CONSENT CALENDAR(Items No. 1-8)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote.There will be no separate discussion of these items unless members of the Successor Agency request specific items to be remowd from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934
I n order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

2. APPROVE MINUTES OF THE NOVEMBER 8, 2021 and FEBRUARY 28, 2022 CITY COUNCIL CLOSED SESSION AND REGULAR MEETING
November 8, 2021 and February 28, 2022 - Closed Session and Regular City Council Meeting Minutes
Recommendation:

It is staff's recommendation that the City Council approve the attached minutes. 2 3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/10/22, 02/15/22, 02/16/22, 02/22/22 and 02/28/22.

4. INSTALLATION OF ALL WAY STOP INTERSECTION AT GALLANT

STREET AND GEPHART AVENUE
At the September 7, 2021 Traffic & Safety Commission meeting, the Commission directed staff to conduct a six-month review of the intersection to determine if any changes in traffic conditions that would warrant an All-Way Stop Sign Intersection at Gephart Avenue and Gallant Street. The initial request for the installation of a four-way stop sign (all-way stop) at the intersection was due to residents' safety concerns with visibility obstruction. After a careful re-review by the Traffic Engineer in considering the optional criteria in the MUTCD Section 2B.07 for Multi-Way Stop sign applications and to minimize impacts to the City's shortage of on street parking, it is determined that an all-way stop sign intersection is warranted. Therefore, it is recommended that City Council approve the installation of two stop signs on Gephart Avenue at Gallant Street with appropriate signage and legends.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution; and

2. Authorize the installation of two 30-inch Stop Signs on Gephart Avenue in the northwest and southeast corners of the intersection at Gallant Street with the appropriate limit lines and stop legends.

5. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTION AND THE INSTALLATION OF RED CURB 'NO PARKING' AT 6012 FLORENCE AVENUE
The City received a request from the Metropolitan Transportation Authority (Metro) to extend the existing red curb located at 6012 Florence Avenue serving one of its bus stops. Based on the City's Traffic Engineer and Public Works staff site investigation, it is recommended that the City Council approve the installation of fifty feet of red curb (No Parking) at 6012 Florence Avenue, meeting Metro bus standard and allowing the bus to safely enter into travel lanes. 3 Recommendation:

It is staff's recommendation that the City Council by motion;

1. Approve the attached Resolution authorizing parking restriction in the City of Bell Gardens; and

2. Authorize staff to install an additional fifty feet of red curb (No Parking) at 6012 Florence Avenue.

6. APPROVAL OF UPDATED RESOLUTION FOR SUPPORT OF THE

OUTDOOR EQUITY GRANT PROGRAM
Approval of the Updated Outdoor Equity Grant Application for the State Department of Parks and Recreation.

Recommendation:

It is staff's recommendation that the City Council adopt the attached updated resolution for support of the Outdoor Equity Grant Application for the State Department of Parks and Recreation.

7. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION

REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF

THE CITY COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.

In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.

Recommendation:

It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.

8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WE INC. AND CONTRACT SERVICES AGREEMENT WITH SMITH-EMERY

LABORATORIES
The purpose of the John Anson Ford Park Infiltration Project is to capture trash nutrients, heavy metals, bacteria, and reduce toxicity from the watershed. I t will help participating Cities meet the MS4 Stormwater Permit requirements. The project is in its second phase of construction. Zusser Company, Inc. (Zusser) is the general contractor and Jensen Precast (Jensen) is the subcontractor providing the prefabricated concrete products. Since late October 2021, two main concerns have 4 arisen relating to deficiencies with the installation of the first portion of the 13.5 acre feet of cistern installation; 1. Concrete spalling at box culvert units, at times exposing underlying steel reinforcement and 2. Misalignment of precast units and installation, etc. within certain individual units. In light of these issues the City reached out to the National Pre-Cast Concrete Association (N PCA) which sets the standards for pre-cast material and provides the certification of pre-casting companies. NPCA recommended Wiss, Janney, Elstner Associates, Inc. (WJE) as a specialty sub-consultant that would serve as a third party to provide an independent assessment and guidance to the City.

Smith-Emery Laboratories (Smith-Emery) will be working alongside WJE and the City's project manager to inspect and test materials as required through the cistern project repair work. Smith-Emery can meet the City's requested expedited turn around time in order to maintain the repair schedule. Therefore, staff is requesting authorization to pay WJE for concrete troubleshooting and consultant services work completed in November and December 2021 as well as the approval of a professional services agreement and contract services agreement in a not to exceed amount of $80,000. Zusser will reimburse the City 100% of these costs.

Recommendation:

It is staff's recommendation that the City Council by motion; 1 . Authorize the City Manager to issue payment to WJE for concrete troubleshooting and consulting services related to the John Anson Ford Park infiltration cistern project for work completed from November 15, 2021, to December 15, 2021 in the amount of $24,505.90; and

2. Approve a professional services agreement with WJE for continued work related to the John Anson Ford Park infiltration cistern project; and

3. Approve contract services agreement with Smith-Emery Laboratories for materials engineering and related construction inspection and testing services.

DISCUSSION (Items No. 9-11)

9. SEEK DIRECTION FROM THE CITY COUNCIL REGARDING OPENING

THE COUNCIL CHAMBERS TO THE PUBLIC
On September 16, 2021 Govenor Newsom signed Assembly Bill 361 which authorizes local agencies to continue to hold public meetings remotely. The City has taken measures to keep City Council Meetings closed to the public in order to keep the community safe and minimize the spread of COVI D-19.

Recommendation:

It is staff's recommendation that the City Council provide direction regarding opening the Council Chambers to the public.

10. FEASIBILITY STUDY FORA MUNICIPAL CITYWIDE WI-FI PROJECT The City currently contracts with LAN WAN Enterprise as an IT services provider. LAN WAN Enterprise has proposed to conduct a feasibility study and Pilot Design for a Municipal Citywide Wi-Fi Project.

Recommendation:

It is staff's recommendation that the City Council receive and file the report. 5 11. FY2021-2022 MID-YEAR BUDGET REVIEW
Mid-Year review of the City's FY2021-22 Operating Budget.

Recommendation:

It is staff recommendation that the City Council:

1. Receive, discuss, and file the fiscal year 2021-2022 mid-year budget report.

2. Approve the following additional appropriations for fiscal year 2021-2022.

General Fund $396,000; Water Fund $924,000 (mainly water purchases); CDBG Fund $225,000 (COVID related programs); CD CalHome Grant $30,000 (Grant Reimbursement); Waste Haulers Management Franchise Fund $17,200 and Ford Park Sports Complex Fund $15,000 (operational expense).

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT

MATTER JURISDICTION OF THE CITY COUNCIL
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361 ,and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand"feature on the zoom app,when it is your turn to speak the host will unmute you. Live comments mayalso be made by call-in users on zoom bydialing (669)900-9128,when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press*9,when it is your turn to speak, the user will need to dial*6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one(1)hour prior to the meeting.Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.

CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
Posted by: Jane Halstead, CIVIC, City Clerk Date: March 10, 2022 6 CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item -
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TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY:

SUBJECT: BELL GARDENS HIGH SCHOOL WRESTLER - KATHERINE HERNANDEZ DATE: March 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council
APPROVED ELECTRONICALLY BY:

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY:

SUBJECT: CARMEN MORALES, CITY PLANNER RECOGNITION
DATE: March 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council
APPROVED ELECTRONICALLY BY:

AGENDA REPORT
Item 1.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
DATE: March 14, 2022
RECOMMENDATION:

It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

BACKGROUND/DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law(California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

AGENDA REPORT
Item 2.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: APPROVE MINUTES OF THE NOVEMBER8, 2021 and FEBRUARY28, 2022 CITY COUNCIL CLOSED SESSION AND REGULAR MEETING
DATE: March 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached minutes.

BACKGROUND/DISCUSSION:

Every City Council Meeting, the City Clerk summarizes the actions and comments made by the City Council.

CONCLUSION:

If approved, the minutes of the November 8, 2021 and February 28, 2022 Closed Session and Regular City Council Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - November 8, 2021 Minutes of the Closed Session and Regular City Council Meeting Exhibit 2 - February 28, 2022 Minutes of the Closed Session and Regular City Council Meeting APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 10 CITY OF BELL GARDENS

CITY COUNCIL

CLOSED SESSION MEETING
Ijf MONDAY, NOVEMBER 8, 2021, 5:00 P.M.
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MINUTES
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LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD AVENUE, BELL GARDENS, CA/TELECONFERENCE CALL TO ORDER — Pursuant to Executive Order N-29-20, The City Council of the City of Bell Gardens held a Closed Session meeting on November 8, 2021, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Pro Tem Maria Pulido presiding. Mayor Pro Tem Maria Pulido called the meeting to order at 5:04 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Alejandra Cortez, Council Member (Council Chamber) Lisseth Flores, Council Member (Council Chamber)
Jorgel Chavez, Council Member (Council Chamber)
Maria Pulido, Mayor Pro Tem (Council Chamber)

Absent: Marco Barcena, Mayor

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person, subject to a total of 30 minutes) No comments.

CLOSED SESSION: (Item No. 1)
City Attorney/Legal Counsel Rick Olivarez announced the Closed Session item. The City Council recessed into closed session at 5:07 p.m. to discuss the item listed on the agenda.

The City Council reconvene to open session at 6:10 p.m. City Attorney Rick Olivarez announced the Closed Session report during November 8, 2021, Regular City Council Meeting (see page 3 for the report on Closed Session).

1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City-Designated Representatives: Michael B. O'Kelly
Manuel Carrillo
Employee Organizations: City Employee Association (CEA) Public Works Employees Association (PWEA)
Exhibit 1 11

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021
Public Works Supervisors Association (PWSA)
Police Officers Association (POA)
Police Management Association (PMA)
Non-Represented
ADJOURNMENT - Closed Session meeting adjourned at 5.50 p.m.

Vanessa Quiroz
Acting City Clerk
2of13
Exhibit 1 12

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING
MONDAY, NOVEMBER 8, 2021, 6:00 P.M.
n

MINUTES
LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD AVENUE, BELL GARDENS, CA/TELECONFERENCE

CALL TO ORDER
Pursuant to AB 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on November 8, 2021, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Pro Tem Maria Pulido presiding.

Mayor Pro Tem Maria Pulido called the meeting to order at 6:15 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

INVOCATION —was given by City Attorney Rick Olivarez
PLEDGE OF ALLEGIANCE —was led by Councilwoman Lisseth Flores.

ROLL CALL OF CITY COUNCIL MEMBERS

Absent: Marco Barcena, Mayor

CLOSED SESSION REPORT
The members of the City Council and Successor Agency met in closed session to discuss the items listed on the agenda. City Attorney/Legal Counsel Rick Olivarez announced that the members of the City Council and Successor Agency received a presentation from staff, feedback was provided but no final action was taken.

PRESENTATIONS
Recognition of City of Bell Gardens 60t" Anniversary— Los Angeles County Supervisor Hilda L. Solis
Hannali Paniagua from the Los Angeles County Supervisor Hilda L. Solis office presented the recognition and congratulated the City for their 60t" Anniversary on behalf of Supervisor Hilda L. Solis office.

Exhibit 1 13

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021
0 Small Business Grant Presentation
Director of Community Development Gustavo Romo presented a Small Business Assistance Grant to 14 businesses in Bell Gardens.
• Hair To Stay Barbershop * Premier Fiesta Mexicana * Pro Growers, Inc. • J-Sun Custom T-shirts * Niky's Sports #4 * Magic Wok • Lizbeth Beauty Salon * Monica's Beauty Salon * Seasons • Brenda's Beauty Salon * Active Fit Nutrition 0 Sky Barbershop Jeanette's Beauty Salon * Mayra's Beauty Salon
At 6.25 p.m. Mayor Pro Tern Maria Pulido requested a 10-minute recess. The meeting reconvened at 6.34 p.m.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
No comments
PUBLIC HEARING (Items No. 1-2)

1. ORDINANCE NO. 920 AMENDING THE BELL GARDENS MUNICIPAL CODE CHAPTER 16.12 SOLID WASTE AND RECYCLABLE COLLECTION AND DISPOSAL; CHAPTER 11.03 WATER CONSERVATION PLAN; AND CHAPTER 6.18 GREEN BUILDING STANDARDS CODE
Senate Bill No. 1383 (SB 1383) was signed into law on September 19, 2016 to reduce organic waste disposal by 75% and increase edible food recovery by 20%, by 2025. Its goal is to establish methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). Compliance with SB 1383 requires the City develop commercial and residential organics waste collection programs, edible food recovery programs, procurement mechanisms for SB 1383-qualifying recycled content products, enforcement, and penalties of mandated organic waste diversion and jurisdictional municipal code updates aligned with the legislative mandates of SB 1383. In order to address the mandatory organic waste requirements of SB 1383, City staff developed amendments to the City's Municipal Code Chapters 16.12 (Solid Waste and Recyclable Collection and Disposal), 11.03 (Water Conservation Plan), and 6.18 (Green Building Standards Code).

Recommendation:

1. Conduct a public hearing and receive public testimony on Ordinance No. 920; and

2. Waive full readings, make any amendments to and introduce Ordinance No. 920 by title: Ordinance No. 920 to CHAPTER 16.12 - SOLID WASTE AND RECYCLABLE COLLECTION AND DISPOSAL; CHAPTER 11.03 WATER CONSERVATION PLAN; and CHAPTER 6.18 GREEN BUILDING STANDARDS CODE; and

3. Direct that the proposed Ordinance be placed on the agenda for a second reading for the December 13, 20217 City Council Meeting. 4of13
Exhibit 1 14

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021
Mayor Pro Tern Maria Pulido opened the public hearing at 6:34 p.m.

City Manager Michael O'Kelly introduced the item.

Debbie Morris from HF&H Consultants gave a PowerPoint presentation.

Public Works Director Grissel Chavez further explained that one of the changes in the ordinance is the application of proposition 218. The City collects residential trash service fees collection rule through the annual property taxes. The Prop 218 process requires a public hearing which would require a 45-day notice of the public hearing and collection of written protest. If 51% of the written protest are in opposition of the proposed rate increase, then it could not be approved.

Debbie Morris explained that any new residential and commercial development would require adequate enclosure space for a solid waste container, organics container, and recycled recycling container in their building plans. This would also include commercial building plans if they're expanding their commercial business by 30 percent.

At this point, Mayor Pro Tern Maria Pulido opened public comments.

Acting City Clerk Vanessa Quiroz announced the public participation instructions.

There were no speakers or written comments for this item.

Mayor Pro Tern Maria Pulido closed public participation and moved to council member comments.

Councilwoman Lisseth Flores asked if this would affect current existing residential homes.

Consultant Debbie Morris clarified that this is geared more toward new residential developments and mainly new multi-family property. The City will collaborate with the haulers to meet the requirements for existing commercial businesses and multi-family residential properties.

Mayor Pro Tern Maria Pulido closed the public hearing at 6:50 p.m.

A motion was made by Councilwoman Lisseth Flores and seconded by Councilwoman Alejandra Cortez to approve staff's recommendation item no 2 and 3.

The motion carried 4-0 with the following vote.

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido
NOES: None
ABSENT: Mayor Barcena
ABSTAIN: None
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Exhibit 1 15

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021

2. PUBLIC HEARING TO CONSIDER ADOPTING ORDINANCE NO. 919

AMENDING THE CITY'S ACCESSORY DWELLING UNIT STANDARDS (ZONING CODE AMENDMENT NO. 2021-006
Consideration of Ordinance No. 919 amending the City's Accessory Dwelling Unit Standards pursuant to Zoning Code Amendment No. 2021-006.

Recommendation:

It is the Planning Commission's recommendation, based on staff's recommendation, that the City Council approve Zoning Code Amendment No. 2021-006 and adopt Ordinance No. 919 (Exhibit 2) amending Title 9 of the Bell Gardens Municipal Code (BGMC) as follows:

1. Chapter 9.04, "Definitions", Section 9.04.010 "A" definitions; and

2. Chapter 9.20, "Special Uses and Applicable Standards", Section 9.20.036, "Accessory Dwelling Unit."
Mayor Pro Tern Maria Pulido opened the public hearing at 6:51 p.m.

City Manager Michael O'Kelly and Director of Community Development introduced the item.

Director of Community Development gave a PowerPoint and presentation stated that due to new state legislation the existing accessory dwelling unit standards that were adopted in 2017 need to be amended. He further stated that in 2019 and 2020 the state passed seven new bills amending this government section to promote accessory dwelling units and junior accessory dwelling units. Single-family and multifamily dwellings properties can now have accessory dwellings and junior dwelling units based on certain standards.

This is to promote affordability and to make sure that people with converted garages can legalize them.

At 6:57 p.m. Mayor Pro Tern Maria Pulido opened public comments.

Acting City Clerk Vanessa Quiroz announced the public participation instructions.

There were no speakers or written comments for this item.

Mayor Pro Tern Pulido closed public participation at 6:58 p.m. and moved to council member comments.

Council Member Jorgel Chavez asked for clarification on the parking requirements for existing primary residences or an accessory structure.

Director of Community Development Gustavo Romo explained that if a property owner legally converts the garage, the property owner is not required to build another garage or replacement parking space.

Mayor Pro Maria Pulido closed public participation at 6:59 p.m. 6of13
Exhibit 1 16

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021
A motion was made by Councilmember Jorgel Chavez, seconded by Councilwoman Lisseth Flores to approve staff's recommendation.

The motion carried 4-0 with the following vote.

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido
NOES: None
ABSENT: Mayor Barcena
ABSTAIN: None

PUBLIC COMMENTS
No comments.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly commented on the following items: COVID-19 testing, vaccinations, boosters and announced the upcoming Veterans Day Commemoration Ceremony, Aquatics Center groundbreaking, Fishing Derby, Give Golf a Go, Fall Into Health Fair. He also commented on the turkey and food giveaway that will be held in collaboration with Cristina Garcia's office.

CONSENT CALENDAR (Items No. 3-13)
A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to approve Items No. 3-13 on the Consent Calendar.

The motion carried 4-0 with the following vote.

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido
NOES: None
ABSENT: Mayor Barcena
ABSTAIN: None

3. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
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Exhibit 1 17

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021

4. APPROVE MINUTES OF THE SEPTEMBER 27, 2021 CTIY COUNCIL

CLOSED SESSION AND REGULAR MEETING
September 27, 2021 — Closed Session and Regular City Council Meeting Minutes
Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

5. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving, or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 10/07/21, 10/12/21, 10/19/21 and 10/25/21.

6. SEPTEMBER 2021 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the September 2021 Treasurer's Report.

7. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING

THE CONDUCT OF THELECONFERENCED MEETINGS OF THE CITY

COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E) AND OTHER APPLICABLE PROVISIONS AB361
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.

In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding 8of13
Exhibit 1 18

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021
the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.

Recommendation:

It is staff's recommendation that the City Council adopt or approve Resolution No. 2021-97 permitting the City to conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.

8. APPROVAL OF THIRD AMENDMENT TO AGREEMENT BETWEEN CITY AND

MICHAEL BAKER INTERNATIONAL FOR ADMINISTRATION OF CDBG AND

CDBG-CV BUSINESS ASSISTANCE GRANT PROGRAM
Amendment No. 3 to Agreement between City of Bell Gardens and Michael Baker International for administration of CDBG and CDBG-CV Business Assistance Grant Programs.

Recommendation:

It is staff's recommendation that the City Council Council:

1. Approve Amendment No.3 to the Professional Services Agreement between the City and Michael Baker International (Michael Baker) to provide consultant services for the City's Community Development Block Grant grograms; and

2. Adopt Resolution No. 2021-98 approving the Amendment No. 3 to the MBI Professional Services Agreement.

9. APPROVAL OF PLANS SPECS AND AUTHORIZATION TO SOLICIT BIDS FOR THE PRE-FABRICATED RESTROOM AT ABC FIELD AVENUE (CIP#3906) The Public Works Department has finalized the plans for the installation of the ABC field. This improvement project will construct the necessary electrical, water, and sewer connections to allow the restroom to function. The project will also prepare the area for the pre-fabricated foundation, and construct the sidewalk, curb/gutter, and ADA access ramp to ensure the building is in compliance with the ADA and building codes. Upon City Council approval of plans and specifications, staff will solicit bids for the construction of this project.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Approve the plans and specifications for the Pre-fabricated Restroom at ABC Field Project; and

2. Autorize staff to solicit competitive bids for construction of this project.

3. Find that the project is categoricaly exempt from the California Enviromnmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).

10. APPROVAL OF PLANS AND SPECS AND AUTHORIZATION TO SOLICIT BIDS FOR THE SLURRY SEAL IMPROVEMENTS PROJECT ZONE 3 & 4A (CIP#3910)
The City's Capital Improvement Program includes the Slurry Seal Improvements Project Zone 3 and 4A. The project scope of work consists of furnishing all 9of13
Exhibit 1 19

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021
materials, equipment, tools, labor and incidentals, as required by the Plans, Specifications, and Contract documents to slurry seal various streets within Zone 3 and 4A. Upon City Council approval of plans and specifications, staff will solicit bids for the construction of this project.

Recommendation:

It is staff's recommendation that the City Council by motion; 1) Approve plans and specifications for the Slurry Seal Improvements Project Zone 3 and 4A; and
2) Authorize staff to solicit competitive bids and publish the Notice Inviting Bid (NIB); and
3) Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).

11. CONSIDERATION OF A RESOLUTION APPROVING SUBMISSION OF AN

APPLICATION FOR GRANT FUNDS FOR THE CALFIRE URBAN AND

COMMUNITY FORESTRY PROGRAM
The City SUBMITTED A CONCEPT Proposal for the "BG Urban Forest Management Plan & Tree Planting" project on July 14, 2021 to develop an Urban Forest Management Plan; develop an Urban Forestry Ordinance; and plant 500 trees. The City was invited to advance to the next step of the application process.

The City's grant funding request is $1 275,552. The process requires a Resolution approving submission of a grant application for the California department o Forestry and Fire's Urban and Community Forestry Program.

Recommendation:

It is staff's recommendation that the City Council by motion adopt Resolution 2021-99 approving submission of a grant application for the California Department of Forestry and Fire's Urban and Community Forestry Program.

12. APPROVAL OF RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF

BELL GARDENS AND LOS ANGELES COUNTY SANITATION DISTRICT The Public Works Department has been coordinating with Los Angeles County Sanitation District (County) for the rehabilitation of the County's trunk sewer line that traverses the City from the southerly city boundary to the northern city boundary. The most southerly portion of the trunk sewer line is along the western edge of Ford Park from Park Lane, southerly along entry drive and parking lot, the continues through and along the western edge of the gold course. The County's project will temporarily impact the golf course along the western edge through truck traffic, site fencing, and excavations needed to complete the lining of the trunk sewer line. Prior to construction, approval of the Right of Entry Agreement between the City and the Los Angeles County Sanitation District is necessary for work within the County Easement along the western edge of the Golf Course to begin.

Recommendation:
10 of 13
Exhibit 1 20

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021
It is staff's recommendation that the City Council by motion:

1. Approve Resolution No. 2021-100 and Right of Entry Agreement between the City of Bell Gardens and the Los Angeles County Sanitation District, for work within the County Easement along the western edge of the Bell Gardens Golf Course; and

2. Authorize the City Manager to execute the required documents. 1 . ADOPT A RESOLUTION APPROVING A SIDE LETTER AGREEMENT WITH

BELL GARDENS CITY EMPLOYEES ASSOCIATION FOR CLOSURE OF CITY

HALL AND OTHER CITY FACILITIES FOR THE HOLIDAYS
The Bell Gardens City Employees Association (BGCEA) proposed that the City consider the closing of City Hall and City facilities on Monday December 27, 2021 through Thursday December 30, officially recognized holiday. Rather, employees would be required to take approved leave time (i.e. vacation, compensatory? Or unpaid time off for those hours not worked. If approved, then BGCEA members will use their accumulated leave time during this period avoiding $33,760 in Personal Services (salaries and benefits) costs in future leave payouts.

Recommendation:

It is staff's recommendation that the City Council approve Resolution 2021-101, approving a Side Letter agreement with Bell Gardens City Employees Association to close City Hall and other City facilities on Monday December 27, 2021 through Thursday December 30, 2021, where employees would be required to take approved leave time (i.e. vacation, compensatory) or unpaid time off for those hours not worked.

DISCUSSION (Items No. 14-15)

14. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commission and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissions and/or make appointments to the posted vacancies.

A motion was made by Council Member Chavez, second by Councilwoman Lisseth Flores to receive and file the report.
11 of 13
Exhibit 1 21

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021
The motion carried 4-0 with the following vote.

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido
NOES: None
ABSENT: Mayor Barcena
ABSTAIN: None

15. CITY OF BELL GARDENS PENSION LIABILITY ANANLYSIS PRESENTATION

AND APPROVAL OF FURTHER LIABILITY ASSESSMENT COMPLETION Staff is presenting with the assistance of Michael Bush, Chief Executive and Strategy Officer with Urban Futures, Inc. (A Municipal Advisor) an information overview of the City of Bell Gardens' current Pension Liability Obligations. As well as an overview of potential further analysis to identify potential cost savings options and a reduction in overall pension liability.

Recommendation:

It is staff's recommendation that the City Council by motion.

1. Accept and file this presentation

2. Officially engage Urban Futures, Inc., a municipal advisor to complete a full Pension Liability Assessment for the City of Bell Gardens.

City Manager Michael O'Kelly introduced the item.

Michael Busch from Urban Future, Inc. gave a PowerPoint presentation and an extensive overview of the City's pension liability, risk, funding strategies, pension obligation bonds, and plan to manage the pension liability on an active basis.

Councilwoman Alejandra Cortez asked for the timeline for the assessment.

Michael Busch state the assessment could be finished in about 30 days.

A motion was made by Councilwoman Alejandra Cortez, second by Councilwoman Lisseth Flores to approve accept and file the presentation and approve Urban Futures, Inc., to complete the assessment.

The motion carried 4-0 with the following vote.

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido
NOES: None
ABSENT: Mayor Barcena
ABSTAIN: None

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) 12of13
Exhibit 1 22

Closed Session & Regular City Council Meeting
Minutes of November 8, 2021
Rocio Barcena expressed her appreciation for following-up on the noise and music ordinance during the October 25, 2021, City Council meeting. She asked the city to keep moving forward on enforcing the noise/music ordinance.

CITY COUNCIL MEMBER COMMENTS
Council Member Jorgel Chavez thanked the Recreation and Community Services Department and Public Works Department for conducting and assisting in the Halloween Carnival and Dia de Los Muertos event. He also asked if additional turkeys would be available for residents for Assembly Member Cristina Garcia's food distribution event. He announced the upcoming Fishing Derby, Aquatic Center groundbreaking ceremony, and the Mexican American Opportunity Foundation health fair. He also recognized the Latino Equality Alliance for hosting the LGBTQ pride clean-up/picnic event and encouraged everyone to get vaccinated.

City Manager Michael O'Kelly stated that staff would be working on providing additional food options for residents for Assembly Member Cristina Garcia's food distribution event.

Councilwoman Alejandra Cortez congratulated Rick Olivarez and Stephanie Vasquez from the City Attorney's office for being nominated for the Los Angeles Business Journals 2021 Leaders in Law Awards and thanked Stephanie Vasquez for the work she does for the City. She invited the community to the self-defense class, Veteran's Day Commemoration Ceremony, Aquatic Center groundbreaking ceremony, and Fair Housing Workshop.

Councilwoman Lisseth Flores recognized the Latino Equality Alliance and the LGBTQ members for organizing a community clean-up/picnic. She also thanked the Boy Scouts Troops 476 and the club members from the LGBTQ community for providing their support during the event. She invited the community to the upcoming Aquatics Center groundbreaking ceremony.

Mayor Pro Tern Maria Pulido thanked everyone for attending the meeting.

ADJOURNMENT — Mayor Pro Tern Maria Pulido adjourned the meeting at 7.46 p.m.

Vanessa Quiroz
Acting City Clerk
13 of 13
Exhibit 1 23

CITY OF BELL GARDENS

CITY COUNCIL

CLOSED SESSION MEETING
MONDAY, FEBRUARY 28, 2022, 5:00 P.M.
e MINUTES
LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD AVENUE, BELL GARDENS, CA/TELLECONFRENCE

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Closed Session meeting on February 28, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Councilwoman Alejandra Cortez presiding. Councilwoman Alejandra Cortez called the meeting to order at 5:07 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member (Council Chamber) Alejandra Cortez,Council Member (Council Chamber)
Lisseth Flores,Council Member (Council Chamber)
Jorgel Chavez, Mayor Pro Tem (Remotely/arrived in person at 5:36p.m.) Maria Pulido, Mayor (arrived at 5:36 p.m.)

Absent: None

COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
No comments.

CLOSED SESSION (Items No. 1-2)
City Attorney/ Legal Counsel Rick Olivarez office announced the Successor Agency and City Council Closed Session items. The City Council recessed into closed session at 5:10 p.m. to discuss the items listed on the agenda.

The City Council/Agency Members reconvene to open session at 6:08 p.m. City Attorney/ Legal Counsel Rick Olivarez stated the City Council/ Agency Members met in closed session to discuss the items on the agendas. The City Council/ Agency Members received a briefing, feedback was provided but no final action was taken.

Closed Session & Regular City Council Meeting
Minutes of February 28, 2022

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 —

ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT

TO TERMS OF AGREEMENT
Title: City Manager
ADJOURNMENT - Closed Session meeting adjourned at 6.08 p.m.

Jane Halstead
City Clerk
2of10
Exhibit 2 25

CITY OF BELL GARDENS

CITY COUNCIL
� REGULAR MEETING
MONDAY, FEBRUARY 28, 2022, 6:00 P.M.

MINUTES
LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD AVENUE, BELL GARDENS, CA/TELLECONFRENCE

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on February 28, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding.

Mayor Maria Pulido called the meeting to order at 6:08 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

INVOCATION - was given by Pastor Victor Solorzano
PLEDGE OF ALLEGIANCE — was led by City Manager Michael O'Kelly

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member (Council Chamber) Alejandra Cortez,Council Member (Council Chamber)
Lisseth Flores,Council Member (Council Chamber)
Jorgel Chavez, Mayor Pro Tem (Council Chamber)
Maria Pulido, Mayor (Council Chamber)

Absent: None

CLOSED SESSION REPORT
The report for the February 28, 2022 Successor Agency and City Council Closed Session meeting was given at the end of February 28, 2022 Successor Agency and City Council Closed Session meeting.

PUBLIC COMMENTS ON AGENDA ITEMS
No public comments.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly stated the LA County's COVID-19 rate per day is down about 10% of what it was about a month ago and announced the availability of COVID- 19 testing, vaccines and boosters. He also announced the second rent control workshop scheduled to be on March 12, 2022 at Ross Hall in Bell Gardens Veterans Park between

12.00 p.m. —2.00 p.m..

Exhibit 2 26

Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
CONSENT CALENDAR (Items No. 1-10)
A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to approve Items No. 1-10 on the Consent Calendar.

The motion carried 5-0 with the following vote:

AYES: Council Member Barcena, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if the majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

2. APPROVE MINUTES OF THE FEBRUARY 14, 2022 CITY COUNCIL CLOSED

SESSION AND REGULAR MEETING
February 14, 2022 - Closed Session and Regular City Council Meeting Minutes Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01/27/22, 02/01/22 and 02/08/22.

4. NOVEMBER 2021 AND DECEMBER 2021 TREASURER'S REPORTS 4of10
Exhibit 2 27

Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the November 2021 and December 2021 Treasurer's Reports.

5. RESOLUTION AUTHORIZING THE DEPOSIT OF EVIDENCE MONEY TO USE

FOR POLICE DEPARTMENT MENTAL HEALTH DE-ESCALATION/CRISIS

NEGOTIATION AND COLLISION RECONSTRUCTION EQUIPMENT AND

TRAINING
The Police Department would like to deposit the current forfeited money held in evidence from illicit criminal cases, and future forfeited evidence money from Fiscal Years 19/20 and 20/21 into the police capital replacement fund account, and have that money allocated for future mental health de-escalation/crisis negotiation and collision reconstruction program-related expenses to include training and equipment.

Recommendation:

It is staff recommendation that the City Council by motion adopt the attached Resolution approving the deposit of evidence money from the Police Department for use with the mental health de-escalation/crisis negotiation and collision reconstruction program.

6. SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HF&H CONSULTANTS LLC.

HF&H has been providing solid waste consulting services to the City since 2012, in order to meet the regulatory requirements of Assembly Bill 939. More recently with the passing of Assembly Bill 1383, Short-Lived Climate Pollutant Act, all generators of organics (food waste, food soiled paper, green waste, etc.), including residents, are required to have an organics diversion program effective January 1, 2022. SB 1383 required the passage of a recycling organics ordinance, as well as development of new exclusive and non-exclusive solid waste agreements. On July 26, 2021, the City Council approved the first amendment to the HF&H Consultant LLC Agreement for an additional fee that included the additional scope of work relating to the new SB 1383 requirements. HF&H will continue to carry out the scope of work under the first amendment of the contract; assisting the City in conducting a negotiation process with the City's exclusive residential hauler to enter into a new SB 1383 compliant agreement, evaluate any proposed rate increases, and assist the City through the Prop 218 hearing process. Approving the Second Amendment will ensure that the City continues working diligently to achieve full compliance with SB 1383 and avoid penalties.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution; and

2. Approve a Second Amendment to the Professional Services Agreement with HF&H Consultants LLC (HF&H).
5of10
Exhibit 2 28

Closed Session & Regular City Council Meeting
Minutes of February 28, 2022

7. ADOPT A RESOLUTION AUTHORIZING SUBMITTAL OF A NOTICE OF

INTENT TO COMPLY TO CALRECYCLE
On September 19, 2016, Governor Brown signed into law Senate Bill No. 1383 (Chapter 395, Statutes of 2016) (SB 1383) that established methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants.

This requires implementation of mandatory recycling and organic waste diversion, among other prescriptive program requirements, to be effective and implemented by January 1, 2022 and failure to comply may result in fines up to $10,000 per violation per day. On October 5, 2021, Governor Newsom signed State Senate Bill 619 Organic Waste, Reduction Regulations, Local Jurisdiction Compliance (SB 619), that may create an optional pathway, allowing up to a one-year delay before imposing SB1383 financial penalties against jurisdictions, through January 1, 2023. The California Department of Resources Recycling and Recovery (CalRecycle) has issued an application process for jurisdictions to submit a Notice of Intent to Comply (NOIC) by March 1, 2022. The City, as required by SB1383, has adopted the mandatory ordinances and City Council has also approved the Amended and Restated Commercial Solid Waste Non-Exclusive Franchise Agreements. Currently, the City is in negotiation with the residential exclusive solid waste hauler in order to finalize the agreement. A Prop 218 hearing will also be required prior to enacting any new rates. Therefore, it is in the City's best interest to submit a Notice of Intent to Comply to CalRecycle to avoid any penalties.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution authorizing the submittal of Notice of Intent to Comply with CalRecycle per Senate Bill 619 (Laird, 2021);

2. Authorize the City Manager, or designee, to execute all programs described within the Notice of Intent to Comply within the timelines presented by the City of Bell Gardens to CalRecycle.

8. APPROVAL OF AGREEMENT FOR BOND COUNSEL TO ASSIST WITH

VALIDATION PROCEEDINGS NECESSARY TO COMMENCE VALIDATION

PROCEEDINGS REQUIRED FOR THE ISSUANCE OF PENSION OBLIGATION BONDS
Staff is presenting its recommendation to Council, to hire Jones Hall to serve as Bond Counsel for the proposed POBs and handle the validation proceedings. This recommendation is based on their track records with California POBs, approach toward the validation process, and proposed fees. The firm that will serve as disclosure counsel, which may also be Jones Hall, will be determined at a later date.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached resolution; and

2. Authorize the City Manager to enter into an agreement with Jones Hall to serve as bond counsel to file a validation to seek legal authority to issue Pension Obligation Bonds (POBs).
6of10
Exhibit 2 29

Closed Session & Regular City Council Meeting
Minutes of February 28, 2022

9. APPROVAL OF PLANS AND SPECS AND AUTHORIZATION TO SOLICIT BIDS

FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENTS PROJECT (CIP# 3909)
Engineering staff has completed the design and construction documents for the Various Residential Street Improvements Project. The project scope of work consists of concrete repairs of the curb, gutters, cross gutters, and sidewalks, concrete pavement repairs, installation of ADA access ramps, pavement grinding and asphalt paving, signing and striping improvements on various residential streets. Upon approval of the plans and specifications and authorization by City Council, staff can proceed with the bid phase of the project.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Approve plans and specifications for the FY 21-22 Various Residential Street Improvements Project; and

2. Authorize staff to solicit competitive bids and publish the Notice Inviting Bids (NIB); and

3. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).

10. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING

THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL

AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.

Recommendation:

DISCUSSION (Item No. 11)

11. POLICE DEPARTMENT EFFICIENCY STUDY
During the approval process of the Fiscal Year 2020-2021 Budget, staff was directed to issue a Request for Proposal ("RFP")for a Police Department Efficiency 7of10
Exhibit 2 30

Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
Study. The RFP was available from November 3, 2021 to December 20, 2021.

The City Clerk's Office received proposals from three firms: Citygate Associates, LLC out of Folsom, California; Raftelis out of Cincinnati, Ohio; and AH Datalytics, LLC out of New Orleans, Louisiana.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Discuss Police Department Efficiency Study Request for Proposal; and

2. Authorize the City Manager to finalize the terms and conditions of the Professional Services Agreement subject to the proposal attached hereto and subject to approval by the City Attorney and appropriate funds in the Fiscal Year 2021-2022 budget.

City Manager Michael O'Kelly introduced this item.

Senior Management Analyst Hailes Soto gave a PowerPoint presentation. He stated the RFP was available from November 3, 2021 to December 20, 2021. He reviewed the three firms that submitted proposals and announced staff's recommendation. He stated the study would take about 6 months.

City Manager stated that there is value in an efficiency study, and the proposed study is just under 1 % of the Bell Gardens Police Department's budget. He stated the RFP was open for about 6 weeks and was posted on the City's website.

Council Member Marco Barcena expressed his concerns for the number of proposals that was received and the price difference between the lowest bidder and the other two proposals. He stated that his recommendation would be to extend the Request for Proposals longer and bring it back to Council for discussion.

Councilwoman Lisseth Flores commented on her opposition in spending fund on a costly study that could potentially be done by the City Manager and Finance Director.

Chief expressed his support for the study and stated it's an appropriate study that hasn't been done that could be beneficial and provide value.

Councilwoman Cortez expressed her opposition in the study and stated that she didn't think it was an appropriate time to fund a study that the solutions cannot be implement due to the lack of a surplus budget.

After a brief discussion, a motion was made by Council Member Marco Barcena, seconded by Council Member Jorgel Chavez to table this item until the city receives more proposals.

The motion is died 2-3 with the following vote.

AYES: Council Member Barcena; Mayor Pro Tem Chavez
NOES: Councilwoman Cortez, Councilwoman Flores; Mayor Pulido ABSENT: None
ABSTAIN: None
8of10
Exhibit 2 31

Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
Mayor Maria Pulido expressed her opposition and stated that the city has staff in-house that could do the study.

A secondary motion was made Mayor Maria Pulido, seconded by Councilwoman Alejandra Cortez to receive and file this report.

The motion carried 5-0 with the following vote.

AYES: Council Member Barcena, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) No comments

COUNCIL MEMBER COMMENTS
Council Member Marco Barcena thanked staff for everything they do. He also thanked the Public Works, Police Department and the Recreation and Community Services Department for their quick response for service. He also thanked staff for bringing the Police Efficiency Study to the City Council for discussion.

Councilwoman Alejandra Cortez invited everyone to the March 12, 2022, rent control workshop and thanked staff and the City Council for all their hard work. She also asked if staff could recognize Katherine Hernandez at the next Council meeting for finishing top 16 in the California Wrestling State Championships.

Councilwoman Lisseth Flores thanked staff for their quick response for service. She asked if staff could look into planning a 4th of July parade. Councilwoman Flores commented on a rare disease called DiGeorge syndrome and acknowledged today as Rare Disease Day.

Mayor Pro Tern Jorgel Chavez asked to recognize the Bell Gardens High School boys basketball team for their success this season at the next Council Meeting. He also commented on moving forward with bringing a Farmers Market to the City. He recognized the Director of Public Works Grissel Chavez for her assistants in removing bulky items promptly. He also encouraged everyone to attend the upcoming rent control workshop and asked to bring a discussion item to Council on the reopening of the Council Chambers for public meetings.

City Manager Michael O'Kelly confirmed that the city employees are still required to wear mask as a safe approach.
9of10
Exhibit 2 32

Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
Mayor Maria Pulido expressed her gratitude to the directors for their support and the chief for his passion to the community. She also thanked the City Council for taking part in the discussions and decision-making process.

ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 6.51 p.m.

Jane Halstead
City Clerk
10 of 10
Exhibit 2 33

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 3.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: March 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/10/22, 02/15/22, 02/16/22, 02/22/22 and 02/28/22.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 02/10/22, 02/15/22, 02/16/22, 02/22/22 and 02/28/22. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 02/10/22, 02/15/22, 02/16/22, 02/22/22 and 02/28/22 will be received and filed.

FISCAL IMPACT:
.......................................................................................................................................................................................................................................................................................................................................................................

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N�^L I�� a° II II Lu�iru u° )/1.0/)7.... ___LA OIJ 11.6„N....

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Warrant ant r ffgusteir .. 2/28/22.. 181.006 3Z030.00 ..

III'otWI Vouuuchneuir'. $3103011100
Grand n III otWI Vouuuc heir ,111�(588�234 111
ATTACHMENTS:

Exhibit 1 -Warrant Register
34 APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
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CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 4.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Doug Benash, P.E. City Engineer
SUBJECT: INSTALLATION OF ALL WAY STOP INTERSECTION AT GALLANT

STREET AND GEPHART AVENUE
DATE: March 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution; and

BACKGROUND/DISCUSSION:

At the September 7, 2021 Traffic & Safety Commission meeting, the Commission directed staff to conduct a six-month review of the intersection to determine if any changes in traffic conditions that would warrant an All-Way Stop Sign Intersection.

The initial request for the installation of a four-way stop sign (all-way stop) at the intersection was due to residents'safety concerns with visibility obstruction.

The City Traffic Engineer completed a field review of the location to confirm existing intersection and sight distance conditions. The parked vehicles in the northwest and southwest corners were blocking the view when stopped on Gallant Street and attempting to make a left or right-turn onto Gephart Avenue.

Based on the reported concerns, the City Traffic Engineer reviewed and referenced any past traffic reports for this intersection to identify all safety issues. The review included available traffic volume and pedestrian counts and accident history that may have been collected and reviewed before for this intersection.

Regarding the request for installation of an All-Way Stop Intersection at this location, the California Manual on Uniform Traffic Control Devices (MUTCD) has established specific requirements for the installation of stop signs. Basically, there are three (3) different warrants most applicable to residential street intersections, one of which must be satisfied before stop sign installations can be classified as warranted. The warrants are summarized as follows.

1. Collisions - Involving five (5) or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right-turn 52 and left-turn collisions as well as right-angle collisions.

2. Volumes - The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for each of any 8 hours of an average day. The combined vehicular, pedestrian, and bicycle volume from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street traffic of at least 30 seconds per vehicle during the highest hour.

3. Sight Distance - Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop to ensure safety. Evidence that sight distance is a contributing factor will be supported by the existence of traffic collisions which could be susceptible to correction by installation of stop signs.

Collision Warrant:

SWITRS (Statewide Integrated Traffic Records System) data was acquired from the CHP (California Highway Patrol) via TI MS and reviewed to determine the frequency of traffic collisions for the subject intersection. Traffic collision records for this intersection was reviewed for the most recent three (3) year period (between 01/01/2018 and 12/31/2020). The CA-MUTCD stop sign warrant requires an individual intersection to experience five or more reported collisions in a 12- month period susceptible to correction by a multi-way stop installation. A review of the reported accident history for three years revealed no accidents at Gallant Street at Gephart Avenue but four accidents at Gephart Avenue at Clara Street.

The lack of left-turn and right-turn accidents at Gallant Street and Gephart Avenue indicates not meeting the accident warrant for an All-Way Stop Sign intersection at this time.

Traffic Volume Warrant:

The traffic volume warrant requirement of at least 300 vehicles per hour for each of any 8-hours of an average day will rarely, if ever, be met at a residential intersection. That requirement equates to a minimum traffic volume of 2,400 vehicles within an 8-hour period at the intersection. Traffic volumes of that magnitude are typically only achievable on major arterial and collector streets and are not present on Gallant Street at Gephart Avenue. Therefore, the traffic volume warrant cannot be satisfied at this location.

A review of City records did not show any recent traffic volume counts for either residential street.

Sight Distance Warrant:

The Manual on Uniform Traffic Control Devices (MUTCD) recommends a minimum of 155 feet of clear stopping sight distance on 25 MPH streets for motorists to avoid collisions with other vehicles as noted in the following table. Based on a field review of existing conditions, there is a need to improve the existing sight distance and safety at this intersection as the prima facie speed limit for Gephart Avenue is 25 MPH and vehicles are parking close to the intersection. 53 Speed D�staince
220 rnph 115 Feet.
2!5 irnp�h II.!5!5 'feet
30 rnph 200 fee
2!5 irn p�h 2!50 'feet
"0 irnp��h 20!5 'feet
" 15 irn 1p lh 360 'feet
56 rnph 425 fak.
65 rnph 570 fee.
6!5 irn p��h 6"5 'feet
70 rnph 730 fee.
2!5 irn p��h 826 'feet
Source: MUTCS Table 6C-2
Field observation indicated that the existing intersection sight distance could be increased moderately and improve the motorist's visibility by prohibiting curb side parking with the installation of 160' total red curb in the NW corner of Gephart Avenue and in the SW corner of the intersection as noted in Figure

5. Although the addition of red curb in the NW and SW corners would enhance safety and sight distance at this intersection, it is recognized that this may not be the best solution for the City given that curb parking within the City's residential neighborhoods is in very short supply and the MUTCD allows additional criteria to be considered as further stated below.

To further evaluate the stopping sight distance requirements at this intersection, the above MUTCD information was used to evaluate the intersection stopping sight distance as seen from the eastbound intersection approach. Based upon a prima facie approach speed of 25 miles per hour (mph)for Gallant Street and the driver eye height location being back 15 feet minimum from the existing curb line extension on Gephart Avenue, a sight distance triangle was plotted. The 15 feet location point is used by Caltrans in the Highway Design Manual and AASHTO for intersection sight distance evaluations.

The sight triangle needs to be clear of obstructions or parked vehicles to allow a motorist to come to a complete and safe stop at the prima facie speed of 25 MPH. The sight triangle would be similar for traffic in the northbound direction on Gephart Avenue.

As stated earlier, the removal of existing on-street parking spaces by adding red curb on Gephart Avenue is not considered a viable solution to enhance the safety of the intersection at this time.

The MUTCD, Section 2B.07 for Multi-Way Stop Applications, allows other criteria that may be considered in an engineering study when considering the installation of stop signs. They include:

1. The need to control left turn conflicts;

2. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes;

3. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and

4. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection.
54 Under the review of this criteria, the installation of Stop Signs on Gephart Avenue is recommended to allow the continued on-street parking of vehicles on Gephart Avenue and enhance visibility of the intersection.

The Traffic & Safety Commission approved for City Council consideration at it's March 1, 2022 Commission Meeting.

CONCLUSION:

After careful re-review by the Traffic Engineer in considering the optional criteria in the MUTCD Section 2B.07 for Multi-Way Stop sign applications (option C), and to minimize impacts to the City's shortage of on street parking, it is determined that an all-way stop sign intersection is warranted at this time.

FISCAL IMPACT:

The estimated cost for installing the two stop signs, legends and limit lines is approximately $500 and is available in the current Street Maintenance Budget.

ATTACHMENTS:

Exhibit 1 - Resolution 2022-20
Exhibit 2 - Figures
Exhibit 3 - Radius Map
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 55 RESOLUTION NO. 2022-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, DETERMINING THAT AN ALL-WAY STOP

SHOULD BE INSTALLED ON GEPHART AVENUE AT GALLANT STREET
WHEREAS, the Bell Gardens City Council has decided to establish a right-of- way control at the intersection of Gephart Avenue and Gallant Street; and WHEREAS, the California Manual on Uniform Traffic Control Devices (MUTCD) has established specific requirements for the installation of stop signs; and WHEREAS, Section 213.07 of the MUTCD for Multi-Way Stop Applications, allows other criteria that may be considered in an engineering study; and WHEREAS, after careful review by the Traffic Engineering and in considering the MUTCD Section 213.07 for Multi-Way Stop sign applications (option C), and to minimize impacts to the City's shortage of on-street parking, it is determined that an all-way stop sign intersection is warranted at this time; and
WHEREAS, City Council finds and determines that it is in the interest of the public's health, safety and welfare that an All-Way Stop Intersection be installed on northwest and southeast corner of Gephart Avenue and Gallant Street for the purposes of an assignment of right-of-way for pedestrians and vehicles.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council hereby determines that an all-way stop be installed on north and southbound Gephart Avenue at Gallant Street.

SECTION 3. The City Council further authorizes and directs staff to hereby install and maintain such signs and perform such other work as is necessary to implement the provisions of this resolution.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASS, APPROVED AND ADOPTED this 14t" day of March, 2022. [Signatures on the following page]
Exhibit 1 56

Resolution No. 2022-20

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 57

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Figure 1 - Street View of Gallant Street at Gephart Avenue Looking East n i
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Figure 2 - Street View of Gallant Street at Gephart Avenue Looking Northwest

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Exhibit 2 58

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Figure 3 - Street View of Gallant Street at Gephart Avenue Looking Southwest � m
Figure 4 - Street View of Gallant Street at Gephart Avenue Looking Southwest

Page 2 ends

Exhibit 2 59

......................................................................................

CR ASH DIA6RAM
Straoit Pedeswan
Mmar y Street: Mappnng Surnmary: IL eft Turn IB�cycle Gephart Avenue Fat all Crash 0 Right Turn M Object Secondary Street: lnjury,Crash 3 U-Turn * FatM Crash Galtlant Street Mapped 3 OvertUrned 0 ftljUry Crash Tairne Period: Not Drawn 1 Ran Off Road
1-1-18 to ter"-31-20 Total 4 1*-*Stopped
Agency Nanie:
0,ty of BeH Gardens H*Parked
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Figure 5 — Collision Diagram for Gephart Avenue at Gallant Street and Clara Street

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Exhibit 2 60

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Exhibit 2 61

500' Radius Map—
Gallant Street and Gephart Avenue, Bell Gardens, CA
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Exhibit 3 62

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 5.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, P.E., City Engineer
SUBJECT: ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTION AND THE INSTALLATION OF RED CURB 'NO PARKING'AT 6012 FLORENCE AVENUE
DATE: March 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion;

1. Approve the attached Resolution authorizing parking restriction in the City of Bell Gardens; and

2. Authorize staff to install an additional fifty feet of red curb (No Parking) at 6012 Florence Avenue.

BACKGROUND/DISCUSSION:

The City received a request from the Metropolitan Transportation Authority (Metro) to extend the existing red curb located at 6012 Florence Avenue serving one of its bus stops. Metro advised that the bus drivers need more room for the bus to properly maneuver in and out of traffic to stop and pick up passengers.

The City's Traffic Engineer and Public Works staff completed a site investigation of the location to confirm existing geometrics and existing red curb for the bus stop.

There is adequate curb space to extend the existing red curb on Florence Avenue. Per the Metro bus standard below for midblock stops, you need approximately 150 feet of red curb under ideal conditions. The adjacent businesses have existing parking lots to accommodate customer vehicles.

The Traffic and Safety Commission approved for City Council consideration at the March 1, 2022 Commission Meeting.

CONCLUSION:

The proposed extension of the red curb zone will allow the bus to enter and leave the curb space without being impacted by parked vehicles before entering the travel lanes.

FISCAL IMPACT:

The estimated cost for installing the red curb is approximately $250 and is available in the current Street Maintenance Budget.
63 ATTACHMENTS:

Exhibit 1 - Resolution 2022-
Exhibit 2 - Master Resolution
Exhibit 3 - Figures 1-4
Exhibit 4 - Radius Map
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 64 RESOLUTION NO. 2022-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, AMENDING RESOLUTION NO. 2005-15 SECTION 1A ESTABLISHING PARKING RESTRICTIONS IN THE CITY OF BELL GARDENS IN ACCORDANCE WITH CHAPTER 13.20 (PARKING) OF THE BELL GARDENS MUNICIPAL CODE
WHEREAS, the City Council desires by this Resolution to amend Section 1A of Resolution No. 2005-15 to add red curb `no parking' area; and WHEREAS, the City Council desires to add Item Number 161 to Section 1A.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 2. Resolution No. 2005-15 is hereby amended as to Section 1A of said resolution to add a red curb `no parking' area as follows:

Section IA.:
161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213) feet easterly thereof;
SECTION 3. In all other respects, Resolution No. 2005-15 is hereby reaffirmed and ratified, except as modified in Section 2. above of this Resolution No. 2022-XX.

SECTION 4. The City Council hereby approves the amendment to the City's master parking list and directs City staff to amend the City's master parking list by adding No Parking (red curb) area described in the preceding paragraph.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on Next Page]
Exhibit 1 65

Resolution No. 2022-xx
PASSED, APPROVED, and ADOPTED this 14t" day of March, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 66

PARKING RESOLUTION
Updated: 10-26-21

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BELL GARDENS ESTABLISHING

PARKING RESTRICTIONS IN THE CITY OF
BELL GARDENS.

WHEREAS, the City Council desires to amend Resolution 2005-15 to add Item Number 14 of Section 5E.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

SECTION 1. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:

A. At all times.

1. The north side of Gage Avenue from a point eight hundred fifty-five (855)feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;

2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;

3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;

4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;

5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;

6. On the north and south sides of Gage Avenue from a point two hundred (200)feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;

7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;
1 Exhibit 2 67

8. The west side of Marlow Avenue from the driveway at 5560 Ludell Street to a point two hundred fifty (250) feet northerly thereof;

9. The north side of Florence Avenue from the prolongation of the east curb line of Ira Avenue to a point two hundred thirty-five (235) feet east of the prolongation of the east curb line of Toler Avenue;

10. The north side of Shull from the prolongation of the easterly curb of Garfield Avenue to a point one hundred sixty-five (165) feet easterly thereof;

11. The south side of Suva Street between Loveland Street and Emil Avenue;

12. The west side of Bell Gardens Avenue from the prolongation of the southerly curb of Quinn Street to a point six hundred (600) feet north of the prolongation of the northerly curb of Gotham Street;

13. The south side of Gage Avenue from a point two hundred fifty (250) feet west of the prolongation of the westerly curb of Chalet Drive to a point two hundred seventy (270) feet east of the prolongation of the easterly curb of Chalet Drive;

14. The south side of Clara Street between the west City limits and the south Clara Street service road;

15. The north side of Clara Street from the west City limits to the north Clara Street service road;

16. The north and south side of Loveland Street from the prolongation of the west curb on Garfield Avenue to a point two hundred fifteen (215)feet westerly thereof;

17. The south side of Florence Avenue from the prolongation of the west curb of Priam Drive to a point sixty-three (63) feet westerly thereof;

18. The north side of Gage Avenue from two hundred seventy (270)feet west of the prolongation of the west curb line of Emil Avenue to a point nine hundred sixty (960) feet westerly thereof;

19. The red curb would begin on the north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point four hundred fifty (450) feet westerly thereof;

20. The south side of Gage Avenue from a point four hundred (400) feet east of the prolongation of the east curb of Perry Road to a point four hundred sixty (460) feet easterly thereof;

21. The south side of Quinn Street from the prolongation of the west curb of Jaboneria Road to a point one hundred (100) feet westerly thereof; 2 Exhibit 2 68

22. The north and south sides of Gage Avenue from the west City limits to the service roads;

23. The east and west sides of Scout Avenue from the prolongation of the north curb of Florence Avenue to a point two hundred fifty (250) feet northerly thereof;

24. The north side of Florence Avenue from a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue to the east City limits;

25. The west side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point two hundred (200) feet northerly thereof;

26. The east side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point fifty (50) feet northerly thereof;

27. The east and west sides of Jaboneria Road from the prolongation of the south curb of Gage Avenue to a point two hundred (200)feet southerly thereof;

28. The east side of Eastern Avenue from the prolongation of the north curb line of Florence Avenue to a point five hundred forty-five (545) feet northerly thereof;

29. The east side of Eastern Avenue from the prolongation of the south curb line of Florence Avenue to a point two hundred (200) feet southerly thereof;

30. The north side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred ninety-five (195)feet east of the prolongation of the east curb line of Ajax Avenue;

31. The north and south sides of Florence Avenue from the prolongation of the west curb line of Eastern Avenue to the west City limits;

32. The north side of Suva Street from a point six hundred ninety-four (694) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred six (706) feet easterly thereof;

33. The west side of Ira Avenue from the prolongation of the southerly curb line of Clara Street to the westerly curb line of Garfield Avenue;

34. The east side of Eastern Avenue from the prolongation of the northerly curb line of Watcher Street to the northerly City limits;

35. The south side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue;

36. The north side of Agra Street from a point four hundred (400)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred (600) feet westerly thereof;
3 Exhibit 2 69

37. The east side of Garfield Avenue from a point one hundred ninety (190) feet south of the prolongation of the south curb of Cecilia Avenue to a point two hundred ten (210) feet southerly thereof;

38. The north side of Clara Street from a point 175' west of the western prolongation of Kress Street to a point 200' westerly thereof.

39. The south side of Suva Street from a point six hundred fifty-five (655) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred thirty-five (735) feet easterly thereof;

40. The west side of Garfield Avenue from the prolongation of the easterly curb line of Eastern Avenue to a point one hundred twenty (120) feet northerly thereof;

41. The south side of Clara Street from a point one hundred seventy-two (172)feet east of the prolongation of the easterly curb of Garfield Avenue to a point three hundred twenty (320) feet easterly thereof;

42. The south side of Florence Avenue from a point one hundred seventy (170)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

43. The south side of Florence Avenue from a point fifty (50) feet east of the prolongation of the east curb line of Ira Avenue to a point forty (40) feet west of the prolongation of the west curb line of Ira Avenue;

44. The south side of Florence Avenue from a point two hundred sixty-five (265)feet east of the prolongation of the east curb line of Ira Avenue to a point three hundred ninety (390) feet easterly thereof;

45. The south side of Florence Avenue from a point two hundred ten (210) feet west of the prolongation of the west curb line of Toler Avenue to a point seventy-five (75)feet east of the prolongation of the east curb line of Toler Avenue;

46. The south side of Florence Avenue from a point one hundred forty-five (145) feet west of the prolongation of the west curb line of Garfield Avenue to a point three hundred thirty-five (335) feet east of the prolongation of the east curb line of Garfield Avenue;

47. The south side of Florence Avenue from a point one hundred thirty (130) feet west of the prolongation of the west curb line of Perry Road to a point forty (40) feet east of the prolongation of the east curb line of Perry Road;

48. The south side of Florence Avenue from a point sixty-five (65) feet west of the prolongation of the west curb line of Kress Avenue to a point seventy (70) feet east of the prolongation of the east curb line of Kress Avenue;

49. The south side of Florence Avenue from a point one hundred twenty- five (125) feet west of the prolongation of the west curb line of Emil Avenue to a 4 Exhibit 2 70

point one hundred sixty-three (163) feet east of the prolongation of the east curb line of Emil Avenue;

50. The north side of Florence Avenue from a point sixty-two (62) feet west of the prolongation of the west curb line of El Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of El Selinda Avenue;

51. The north side of Florence Avenue from a point one hundred sixty-five (165)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

52. The north side of Florence Avenue from the prolongation of the west curb line of Ira Avenue to a point sixty-five (65) feet westerly thereof;

53. The west side of Eastern Avenue from the prolongation of the south curb line of Lubec Street to the prolongation of the north curb line of Priory Street;

54. The north side of Florence Avenue from the prolongation of the east curb line of Granger Avenue to a point sixty-five (65) feet easterly thereof;

55. The north side of Florence Avenue from a point sixty-three (63) feet west of the prolongation of the west curb line of Perry Road to a point one hundred fifty (150) feet east of the prolongation of the east curb line of Perry Road;

56. The north side of Florence Avenue from a point fifty-seven (57) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Emil Avenue;

57. The north side of Florence Place from a point two hundred thirty(230) feet west of the prolongation of the west curb line of Toler Avenue to a point fifty-five (55) feet east of the prolongation of the east curb line of Toler Avenue;

58. The east side of Eastern Avenue from the prolongation of the south curb line of Fry Street to the prolongation of the north curb line of Live Oak Street;

59. The north side of Live Oak Street from the prolongation of the east curb line of Eastern Avenue to a point one hundred fifty (150) feet easterly thereof;

60. The north side of Fry Street from the prolongation of the east curb line of Eastern Avenue easterly to the school property;

61. The north side of Priory Street from the prolongation of the west curb line of Eastern Avenue westerly to the west City limits;

62. The south side of Priory Street from the prolongation of the west curb line of Eastern Avenue to a point one hundred fifty (150) feet westerly thereof;

63. The west side of Darwell Avenue from the prolongation of the south curb line of Gage Avenue to a point one hundred eighty (180)feet southerly thereof; 5 Exhibit 2 71

64. The south side of Scout Avenue from a point thirty (30) feet west of the west property line of 7800 Scout Avenue easterly to a point fifty (50) feet;

65. The south side of Scout Avenue from the east property line of 7800 Scout Avenue westerly to a point thirty (30) feet;

66. The north side of Florence Place from the prolongation of the east curb of Garfield Avenue to a point two hundred thirty (230) feet easterly thereof;

67. The south side of Lubec Street from the prolongation of the west curb of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb of Marlow Avenue;

68. The south side of Quinn Avenue from Lynda Lane to a point twenty- five (25) feet east of the prolongation of the east curb of Lynda Lane;

69. The east side of Eastern Avenue between the points six hundred sixty- five (665)feet and seven hundred twenty-five (725)feet north of the prolongation of the north curb of Florence Avenue;

70. The east side of Garfield Avenue from a point three hundred twenty- five (325) feet south of the prolongation of the south curb line of Loveland Street to a point five hundred thirty-five (535) feet southerly thereof;

71. The east side of Eastern Avenue from the prolongation of the south curb of Gage Avenue to a point two hundred thirty (230) feet southerly thereof;

72. The north and south sides of Clara Street from the prolongation of the west curb of Eastern Avenue to a point three hundred fifty (350) feet westerly thereof;

73. The north and south sides of Clara Street from the prolongation of the east curb of Eastern Avenue to a point two hundred fifty-five (255) feet easterly thereof;

74. The west side of Scout Avenue from the prolongation of the south curb of Florence Avenue to the prolongation of the east curb of Priam Drive;

75. The east side of Scout Avenue from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet south of the prolongation of the south curb of Clara Street;

76. The south side of Hannon Street from a point six hundred (600) feet east of the prolongation of the east curb of Chalet Drive to a point six hundred seventy-five (675) feet southerly thereof;

77. The north side of Hannon Street from a point six hundred twenty-five (625) feet east of the prolongation of the east curb of Chalet Drive to a point seven hundred seventy-five (775) feet southerly thereof;
6 Exhibit 2 72

78. The west side of Perry Road from the prolongation of the south curb of Florence Avenue to a point three hundred five (305) feet southerly thereof;

79. The east side of Perry Road from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet southerly thereof;

80. The east side of Colmar Avenue from the prolongation of the south curb of Gage Avenue to a point fifty-five (55) feet southerly thereof;

81. The west side of Perry Road from the prolongation of the north curb of Florence Avenue to the alley northerly thereof;

82. The east side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred five (105)feet southerly thereof;

83. The west side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point fifty (50) feet southerly thereof;

84. The north side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point one hundred five (105) feet westerly thereof;

85. The west side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point forty (40) feet southerly thereof;

86. The east side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred fifty (150) feet southerly thereof;

87. The east side of Darwell Avenue from the prolongation of the south curb of Gage Avenue to a point seventy (70) feet southerly thereof;

88. The east side and west side of Darwell Avenue from the prolongation of the north curb of Gage Avenue to a point sixty (60) feet northerly thereof;

89. The west side of Colmar Avenue from the prolongation of the north curb of Gage Avenue to a point seventy-five (75) feet northerly thereof;

90. The south side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point two hundred five (205) feet westerly thereof;

91. The north side of Gage Avenue from a point two hundred eighty-five (285) feet east of the prolongation of the east curb of Chalet Drive to a point three hundred twenty-five (325) feet west of the prolongation of the west curb of Chalet Drive;

92. The east side of Chalet Drive from the prolongation of the south curb of Gage Avenue to a point one hundred forty (140) feet southerly thereof;

93. The north side of Gage Avenue from a point two hundred forty-five (245) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the west curb of Emil Avenue;
7 Exhibit 2 73

94. The south side of Gage Avenue from a point one hundred sixty (160) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the east curb of Emil Avenue;

95. The west side of Garfield Avenue from the prolongation of the south curb of Loveland Street to a point two hundred fifty (250) feet southerly thereof;

96. The east side of Garfield Avenue from a point four hundred (400)feet north of the prolongation of the north curb of Clara Street to a point six hundred sixty-five (665) feet northerly thereof;

97. The west side of Jaboneria Road from the prolongation of the north curb of Clara Street to a point one hundred seventy (170) feet northerly thereof;

98. The east side of Jaboneria Road from the prolongation of the south curb of Clara Street to a point one hundred seventy-six(176)feet southerly thereof;

99. The south side of Clara Street from the prolongation of the west curb of Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;
100. The north side of Clara Street from the prolongation of the east curb of Jaboneria Road to a point one hundred thirty (130) feet easterly thereof; 101. The west side of Emil Avenue from a point two hundred seventy(270) feet south of the prolongation of the south curb of Florence Avenue to a point two hundred ninety (290) feet southerly thereof;
102. The south side of Shull Street from a point eight hundred eighty-nine (889)feet east of the BCR at Jaboneria Road, twenty-five (25)feet east and west of the back driveway at 5700 Shull Street;
103. The north side of Clara Street from a point one hundred forty-five (145) feet west of the prolongation of the west curb of Ira Avenue to a point one hundred sixty (160) feet westerly thereof;
104. The north side of Clara Street from a point one hundred ninety (190) feet west of the prolongation of the west curb of Ira Avenue to a point two hundred five (205) feet westerly thereof;
105. The north side of Clara Street from a point four hundred (400) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred fifteen (415) feet westerly thereof;
106. The north side of Clara Street from a point four hundred forty-five (445) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred sixty (460) feet westerly thereof;
107. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point ninety(90)feet south of the north curb of Watcher Street on the west side of Jaboneria Road;
8 Exhibit 2 74

108. The east side of Colmar Street from a point fifty (50) feet north of the prolongation of the north curb line of Lanto Street to a point one hundred fifty-five (155) feet northerly, thereof;
109. The east side of Emil Avenue south of Clara Street at alley entrance from the BCR on the north side of alley to a point twenty (20)feet northward on the east side of Emil Avenue; and from the BCR on the south side of alley to a point twenty (20) feet southward on the east side of Emil Avenue; 110. The west side of Emil Avenue south of Clara Street from the BCR on the north side of alley to a point twenty (20)feet northward on the west side of Emil Avenue;
111. The south side of Florence Avenue from a point one hundred forty (140)feet west of the prolongation of the west curb line of Ira Avenue to a point one hundred sixty-eight (168) feet westerly thereof;
112. The west side of Garfield Avenue from a point twenty five (25) feet south of the southern prolongation of Loveland Street to a point four hundred twenty-five (425) feet southerly, thereof;
113. The west side of Garfield Avenue from a point five hundred fifty (550) feet south of the southern prolongation of Loveland Street to a point seven hundred nineteen (719) feet southerly, thereof;
114. The north side of the southern Clara Street service road from the west City limits cul-de-sac to a point two hundred eighty five (285) feet easterly thereof; 115. The west side of Ajax Avenue from the prolongation of the southern curb line of Lubec Street, to a point 562' southerly thereof; 116. The south side of Ludell Street from a point of (12) feet west of the prolongation of the western curbline of El Selinda, to a point one hundred four feet (104) westerly thereof;
117. The south side of Gage from a point (423) feet east of the prolongation of the east curb line of Garfield Avenue to a point five hundred twenty three feet easterly thereof;
118. The south side of Park Lane, from a point four hundred twenty-three feet (423') east of the eastern prolongation of the east side of Garfield Avenue, to a point five hundred twenty-three feet (523') easterly; thereof."; 119. The southside of Priory Street, twenty-one (21') feet west of the western prolongation to a point of six hundred fifty eight (658') westerly thereof; 120. The north side of Agra Street, from a point four hundred eighty seven feet (487') from the east prolongation of Colmar Street to a point six hundred and one feet(601') easterly thereof. For a total of one hundred and fourteen feet(114'); 9 Exhibit 2 75

121. The north side of Lubec Street from a point fourteen (14) feet east of the eastern prolongation of Specht Avenue to a point one hundered fourty three (143) feet easterly thereof; (08/28/06)
122. The north side of Foster Bridge Blvd from a point twenty five (25)feet west of the western prolongation of Priam Drive to a point fifty five (55)feet westerly thereof; (03/26/07)
123. The north side of Foster Bridge Blvd from a point one hundred ninety three (193) feet west of the western prolongation of Cassandra Avenue to a point two hundred forty one (241) feet westerly thereof; (03/26/07) 124. The east side of Emil Avenue from a point twenty six (26) feet of the southern prolongation of Otto Street to a point fifty six (56) feet southerly thereof; (08/27/07)
125. The east side of Priam Drive from a point ten (10) feet north of the northern prolongation of Foster Bridge Blvd to a point forty (40) feet northerly thereof; (10/22/07)
126. The west side of Priam Drive from a point fifteen (15) feet north of prolongation of Foster Bridge Blvd to a point thirty(30)feet northerly thereof; (10/22/07) 127. The east side of Garfield Avenue from a point ten (10) feet south of the southern prolongation of Gallant Street to a point fourty-one (41) feet southerly thereof; (11/12/07)
128. The south side Gotham Street (at 5648 Gotham Street) from a point fifteen (15) feet south of the west of the western prolongation of the alley to a point 50 feet westerly thereof; (05/12/08)
129. The east side of Scout Avenue from a point five hundred twenty two (522')feet north of the northerly prolongation of Florence Avenue to a point five hundred sixty two (562') feet northerly thereof; (08/25/08) 130. The east side of Scout Avenue from a point six hundred and eight (608')feet north of the northerly prolongation of Florence Avenue to a point six hundred forty eight (648') feet northerly thereof; (08/25/08) 131. The west side of Scout Avenue from a point five hundred and sixty feet (560') south of the southern prolongation of Live Oak Street to a point of six hundred (600') feet southerly thereof; (03/23/09 7535 Scout Ave) 132. The west side of Scout Avenue from a point six hundred thirty (630') feet south of the southern prolongation of Live Oak Street to a point of six hundred fifty (650') feet southerly thereof; (03/23/09) 133. The west side of Scout Avenue from a point seven hundred twenty five (725') feet south of the southern prolongation of Live Oak Street to a point seven hundred sixty five (765') feet southerly thereof; (03/23//09) 134. The west side of Scout Avenue from a point eight hundred (800')feet south of the southern prolongation of Live Oak Street to a point eight hundred twenty (820') feet southerly thereof; (03/23/09) 10 Exhibit 2 76

135. The south side of Foster Bridge Blvd from a point seven hundred and seventy seven (777) feet west of the western prolongation of Scout Avenue to a point seven hundred and ninety four (794) feet westerly thereof; (Reso 2011-14 04/25/11)
136. The south side of Foster Bridge Blvd from a point eight hundred forty six (846) feet west of the western prolongation of Scout Avenue to a point eight hundred sixty nine (869) feet westerly thereof, (Reso 2011-14 04/25/11)
137. On the north side of Lubec Street from a point thirteen (13)feet east of the eastern prolongation of El Cortez Avenue, to a point fifty three(53) feet easterly thereof, (Reso 2011-50 11/28/11)
138. On the north side of Suva Street from a point nine-hundred and seven (907) feet west of the west prolongation of Scout Avenue to a point forty (40) feet westerly thereof; (Reso 2012-15 02/27/12) 138. On the north side of Florence Place from a point two hundred and fifty one (251) feet west of the west prolongation of Garfield Avenue to a point fifty seven (57) feet westerly thereof; (Reso 2012-16 02/27/12) 139. On the north side of Agra Street from a point six hundred one (601') feet west of the westerly prolongation of Jaboneria Road to a point six hundred thirty (630') feet westerly thereof; (Reso 2012-49 09/24/12) 140. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point 127' feet thereof, (Reso 2013-29 07/22/13) 141. On the south side of Watcher Street from a pointy thirty-five (35')feet from the easterly prolongation of Eastern Avenue to a point one- hundred twenty (120') feet easterly thereof; (Reso 2014-39) 142. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty three feet(33')westerly thereof; (Reso 2014-44)
143. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty eight (328') feet southerly thereof; (Reso.2017-35 8-14-17)
144. The north side of Live Oak Street a point ninety nine (99')feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty nine (129') feet westerly thereof; (Reso.2017-56 12-11-17) 145. The north side of Live Oak Street from a point two hundred twenty nine (229') feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty nine (259')feet westerly thereof, (Reso.2017-56 12- 11-17)
146. The north side of Live Oak Street from a point three hundred seventy one (371') feet west of the ending radius of Purdy Avenue to a point four hundred sevent one (471')feet westerly thereof, (Reso.2017-5612-11-17) 11 Exhibit 2 77

147. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10')feet westerly thereof, (Reso 2020-10 2-10-20)
148. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10') feet westerly thereof, (Reso 2020-10 2-10-20)
149. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10')feet easterly thereof, (Reso 2020-10 2-10-20)
150. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10') feet easterly thereof, (Reso 2020-10 2-10-20)
151. The east side of Purdy Avenue from the prolongation of the north curb of Lubec Street to a point ten (10')feet northerly thereof, (Reso 2020-10 2- 10-20)
152. The west side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10') feet southerly thereof; (Reso 2020-10 2-10-20)
153. The east side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10')feet southerly thereof. (Reso 2020-10 2- 10-20)
154. The west side of Emil Avenue from a point five hundred thirty-five (535') feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty(560')feet southerly thereof. (Reso. 2021-04 1-25-21)
155. The west side of Ira Avenue from a point three hundred seventy one (371') feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety one (391') feet southerly thereof. (Reso 2021-73 9-13-21)
156. The west side of Ira Avenue from a point twenty (20') feet south of the prolongation of the south curb of Priory Street to a point forty (40') feet southerly thereof. (Reso 2021-73 9-13-21)
157. The west side of Garfield Avenue from a point four hundred eight (408') feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460') feet southerly thereof. (Reso 2021-74 9-13-21)
158. The east side of Garfield Avenue from a point four hundred thirty six (436') feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy one (471') feet northerly thereof. (Reso 2021-74 9-13-21)
159. The west side of Jaboneria Road from a point seven hundred twenty six (726') feet south of the prolongation of the south curb of Lubec 12 Exhibit 2 78

Street to a point seven hundred sixty six (766')feet southerly thereof; (Reso 2021-91 10-25-21)
160. The west side of Jaboneria Road from a point sixteen (16')feet south of the prolongation of the south curb of Ludell Street to a point thirty (30') feet southerly thereof; (Reso 2021-91 10-25-21)
B. Designated Hours:

1. The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;

2. The south side of Clara Street, from a point three hundred fifty (350) feet east of the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

3. The north side of Clara Street, from a point two hundred fifty-five(255) feet east of the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

4. The south side of Florence Avenue from a point one hundred twenty- five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;

5. The north side of Florence Avenue from a point one hundred ninety- five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;

6. The north side of Florence Avenue from a point ninety(90)feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
SECTION 2. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):
13 Exhibit 2 79

A. Two-hour parking -7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted

1. The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy feet (570') south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;

2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;

3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;

4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);

5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);

7. The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);

8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

10. The north side of Suva Street from Emil Avenue to the east City limits;

11. The south side of Suva Street from the east property line of Suva Elementary School to the east City limits;

12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;

13. The east side of Jaboneria Road between Quinn Street and Muller Street;

14. The east and west sides of Emil Avenue between Florence Place and Suva Intermediate School;

15. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;
14 Exhibit 2 80

16. The south side of Florence Place from Garfield Avenue to Florence Avenue;

17. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence Avenue;

18. The west side of Eastern Avenue adjacent to the premises at 8029 Eastern Avenue (approximately one hundred fifty (150) feet);

19. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;

20. The east side of Eastern Avenue from a point seven hundred twenty- five (725)feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;

21. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;

22. The east side of Eastern Avenue between the points five hundred forty-five (545)feet and six hundred twenty-five (625)feet north of the prolongation of the north curb of Florence Avenue;

23. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;

24. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;

25. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street;

26. The north side of Cecilia Street from a point sixth (60)feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof.

27. On the north side of Agra Street from a point four hundred forty(440') feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481') feet westerly thereof. (added Reso.2012-49 09/24/12) B. Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:

The north side of Florence Avenue from a point one hundred ninety-five(195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100)feet west of the prolongation of the west curb line of Garfield Avenue, excluding the no stopping any time areas.
15 Exhibit 2 81

C. Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:

The south side of Florence Avenue from a point one hundred twenty-five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107)feet east of the prolongation of the east curb line of El Selinda Avenue, excluding the no stopping any time areas.

D. Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:

The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.

E. Two-hour parking at all times:

The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.

F. One-hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:

1. The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;

2. The west side of El Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;

3. The east side of Eastern Avenue from a point two hundred (200)feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;

4. The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street;

5. Request for one-hour limit parking zone for east side of Ira Avenue, north of Florence Avenue (El Tapatio Market) **
SECTION 3. The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:

A. The municipal parking lots adjacent to the Bell Gardens City Hall; parking only for the purpose of conducting business at City Hall.

B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.
16 Exhibit 2 82

C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Gold Course during the posted hours of operation.

SECTION 4. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section 13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.

A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:

All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.

B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:

All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.

C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The east side of Eastern Avenue from north City limit to south City limit; (Reso2017-164/10/17)
D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The west side of Eastern Avenue from north City limit to south City limit; (Reso2017-164-10-17)
E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:

1. Both sides of Florence Avenue;

2. Both sides of Eastern Avenue;

3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street;

4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof;
17 Exhibit 2 83

SECTION 5. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:

A. Commercial loading and unloading (yellow curb)

1. The north side of Cecilia Street from a point twenty-five (25)feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;

2. The south side of Quinn Street from a point three hundred forty-five (345)feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;

3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;

4. The south side of Scout Avenue from a point one hundred ninety(190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;

5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty-five (255) feet northerly thereof;

6. The west side of Ira Avenue from a point sixty nine (69')feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91')feet southerly thereof to be in effect from 8:OOam to 6:OOpm except Saturdays, Sundays and Holidays; (Reso 2021-56 6228 Gage 6-28-21)
B. Passenger loading and unloading (white curb)

1. The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;

2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof;

3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;

4. The south side of Quinn Street from a point one hundred ninety(190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;
18 Exhibit 2 84

5. The south side of Quinn Street from a point three hundred eighty-five (385)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;

6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;

7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;

8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;

9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;

10. The west side of Jaboneria Road from a point one hundred seventy- two (172)feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;

11. The north side of Loveland Street from a point twenty-seven (27)feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;

12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;

13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;

14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;

15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof;

16. Request for white curb (10-minute parking) at 7425 Garfield Avenue (Garfield Elementary School)from a point 375' north of the northern prolongation of Florence Avenue to a point 850' northerly; thereof. **

17. Request for white curb (passenger loading) at 7104 Perry Road. (Rio- Hondo Boys & Girls Club.) **
19 Exhibit 2 85

18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty eight (238) feet southerly thereof; (11/26/07)

19. The east side of Ira Avenue from a point two hundred sixty two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof; (11/26/07)

20. The north side of Cecilia Street from a point one hundred and fifty four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy seven (177) feet westerly thereof, (At all times 07/09/08)

21. The south side of Florence Place from a point two hundred eighty eight 288' feet east of the east prolongation of Perry Road to a point 313' feet easterly thereof, (Monday through Friday 7amto 6pm 6628 Florence PI Reso 2011-0402/14/11)

22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof, (without period designations,at all times Reso 2011-15 04/25/11)

23. On the north side of Agra Street from a point three hundred and sixty-three (363') feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523') feet westerly thereof; (Reso 2015-56 8/25/15)

24. The west side of Eastern Avenue from a point one hundred and seventy seven (177')feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207') feet southerly thereof, (Reso.2016-17 4/25/16)

25. The north side of Florence Place from a point six hundred forty (640') feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840') feet easterly thereof, (Reso 2016-27 7/25/16)

26. The north side of Live Oak Street from a point one hundred twenty nine (129') feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty nine (229') feet westerly thereof; (Reso. 2017-5612-11-17)
C. Twenty Minute Zone (green curb)
1 Th�noi Hth Side of Suva Street from a PGORt fni it hi inrlrP-d tW (TLC eRty frPccr r-
ASt f the PF91GRgatiGR ref the o-aot ni irh lino n-f Eme. "p��`o �� f9 it hi inrlror! SeVeRty fiVe (475) foot easterly thereaf (Removed by Reso 2020-101 12/14/20)

2. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ram ish Avenue to a point eighty (80) feet westerly thereof;

3. The north side of Clara Street from a point eighty-five (85)feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;
Exhibit 2 36

4 The eoct Side of Gmll 4�ieni ie frnm a nnint fni irteen (1 4) feet cni ith of the nr ggatinn of the cni nth ni irh lino of Suva Street to o nnint forty (40) feet se itherly thereef; (Removed by Reso 2020-101 12/14/20)

5. The east side of Ajax Avenue from a point sixty-nine (69)feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;

6. The west side of Ajax Avenue from a point eighty-seven (87)feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;
7 Tho �niect cirlo of frnm a nnint civ hi indred (600)feet ?oni nth of the nrnlnngatinn of the cni Ith ni irh lino Aef Street to a nnint civ hi inrlror! Sixteen (616) feet cni itheFly thereefT (Removed by Reso 2020-101 12/14/20)

8. The st9 nth Side of Drinry Street frnm a nnint one hi IRdred fifty (1 50) foot Ynceot of the Prnlnngatinn of the YVeot ni irh lino of C-Aotern Aye.p ie to a ✓mint tnig hi inrlror! fmPie (205) foot westerly thereof; (Removed by Reso 2020-101 12/14/20) 9 The eoct Side gf�ern 4�� betWeen the nnintc civ hi inrlror! �--r�ca�ru� ��-rrcP , �r�r-r�cn-rarccr tWent y fide (625)feet apd six hi-Added sixty fide (665)feet north of the Prnlnngetign gf the north ni irh of Clnrenne AVP_R ie' (Removed by Reso 2020-101 12/14/20)

10. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;

11. The west side of Garfield Avenue from a point one hundred (100)feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;
12 Th�Pct cirle of frnm a nnint SeVenty five (75) feet onv r�i ith of the rnlnngatinn of the oni ith ni wh of (Mere Street to a Pnint one h,ipdrer! a
ten (1 1 Q) feet cei itherly thereof (Removed by Reso 2020-101 12/14/20)

13. The eoct Side of Gorfielcd frnm a nnint eight (8) feet se.ith of the Prnlnngatinn of the se ith ni irh line of Genilia Stre Sixty /�c� sei itherly thereof; (Removed by Reso 2020-101 12/14/20)

14. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;

15. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;
21 Exhibit 2 87

16. The west side of Eastern Avenue from a point sixty-one (61)feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty- two (162) feet southerly thereof;

17. The north side of Clara Street from a point two hundred five (205)feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;

18. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;

19. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;
' 0 The Perth side of(done Aden,ie frnm a nnint tWA hi indred ninety(29(1) Tfecet �NPeRt of the nrnlnnnotinn of the VP-St ni irh of D-AP.MP-111 4V_e'R io tn o nnint throo hi inrlror! bNent y (' 29) foot �n4Poter1y thereof;

21. The west side of Garfield Avenue from a point sixty one (61)feet south of the southern prolongation of Muller Street to a point one hundred one (101)feet southerly thereof;

22. Request for green curb (20-minute parking) at 8045 Garfield Avenue(Garfield Market). **

23.The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty nine feet easterly thereof; (08/28/06) 24 Th�c v�Pct�p^fvf FEascer�i frnm o nnint fide hundred twe (59 M Tfec�ei re 1th f the oni 1ttrhT ri tieen ff (�I�r� Ctre t in PGint fide hh,in rer! thirty nine (539) foot cni 1therhi thoronf; (Removed by Reso 2020-101 12/14/20)

25. The south side of Clara Street from a point three hundred and thirty five (335') east of the eastern prolongation of Garfield Avenue to a point thirty six (36') easterly thereof; 6334 Clara Street(06/14/10)

26.On the left side of Lubec Street from a point twenty five (25) feet east of the eastern prolongation of Jaboneria Road, to a point fourty five (45)feet easterly thereof, (Reso 2011-49 11/28/11)

27.The east side of Eastern Avenue from a point two hundred eighty two (282') feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty two (332') feet northerly thereof to be in effect from 9:00am to 6:OOpm except on Saturdays, Sundays and Holidays; (Reso 2021-57 7908 Eastern 6-28-21)
D. Twenty Minute Zone 7.00 a.m. - 6.00 p.m. (green curb) E. Handicapped Parking (blue curb)
22 Exhibit 2 88

1. The south side of Agra Street adjacent to the premises at 6248 Agra Street approximately thirty (30) feet; removed by Reso 8- 1 10-13-08

2. The north side of Muller Street from a point two hundred eighty-eight (288) feet west of the west prolongation of Garfield Avenue, to a point three hundred eight (308) feet westerly thereof; ir°eim oved Irby IReso, 2018-1 8 2-26-18

3. The west side of Perry Road from a point four hundred and forty one (441) feet from the prolongation of the north curb line of Florence Place to a point four hundred fifty six (456)feet northerly thereof. removed by Reso 8- 1 10-13-08

4. The west side of Darwell Avenue from a point sixty eight(68)feet from the prolongation of the north curb line of Lubec Street to a point eighty eight (88) feet northerly thereof; removed by Reso 8- 1 10-13-08

5. The west side of Purdy Street from a point fifty-five feet (55') south of the prolongation of the south curb line of Live Oak Street to a point seventy- five feet (75') southerly thereof, ir°eim oved Irby IReso, 2018-1 8 2-26-18

6. The north side of Gallant Street (5953 Gallant Street) from a point (488)feet east of the prolongation of the east curb line of Jaboneria Road to a point (508) feet easterly thereof. Removed by Reso 20 1-15 04-25-11

7. The north side of Priory Street from a point 788' east of the eastern prolongation of Jaboneria Road, to a point 803' easterly thereof.

8. The north side of Lanto Street from a point twenty(20)feet east of the east prolongation of Jaboneria Road to a point 36 feet easterly thereof (6201 Lanto). ir°eim oved Irby IReso, 201 8-1 8 2..26-18

9. The south side of Agra Street from a point 378' feet of the west prolongation of Jaboneria Road to a point 415' feet westerly thereof(6122 Agra St) Reso 2010-04

10. On the north side of Loveland Street from a point thirty eight (38) east of the eastern prolongation of Ajax Avenue, to a point fifty eight (58) feet easterly thereof; ir°eim oved Irby IReso, 201 8-1 8 2..26-18

11. On the south side of Lanto Street from a point twenty-six (26') feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46') feet easterly thereof (5900 Lanto St); (Reso 2014-25 6/23/14)

12. On the south side of Gotham Street from a point seventy-one (71')feet west of the western prolongation of Ira Avenue to a point ninty-one (91') feet westerly thereof (6142 Gotham St); (Reso 2016-27 7/25/16)

13. The south side of Fostoria Street from a point four hundred thirty(430')feet east of the east prolongation of Eastern Avenue to a point four hundred fify (450') feet easterly thereof (5844 Fostoria St); (Reso.2017-57 12-11-17)

14. The east side of Ajax Avenue from a point five hundred sixty(560')feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580') feet northerly thereof; (Reso 2021-64 07/26/21)
F. Twenty Minute Zone 9.00 a.m. - 6.00 a.m. (green curb) 23 Exhibit 2 89

1. The north side of Florence Avenue from a point forty-two (42)feet east of the prolongation of the east curb line of Live Oak Street to a point eight-five (85) feet easterly thereof;
SECTION 6. The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.

SECTION 7. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:

A. Any areas designated in Sections 1 and 4 hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited.

SECTION 8. Resolution No. 2011-50 is hereby repealed.

SECTION 9. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 28t" day of November, 2011.

APPROVED AS TO FORM:

CITY ATTORNEY MAYOR
ATTEST:

CITY CLERK
24 Exhibit 2 90

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Exhibit 3 92

SUU Radius Map—
6U12 Florence Avenue, Bell Gardens, [A9U2U1
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93 Exhibit 93

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 6.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: APPROVAL OF UPDATED RESOLUTION FOR SUPPORT OF THE

OUTDOOR EQUITY GRANT PROGRAM
DATE: March 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached updated resolution for support of the Outdoor Equity Grant Application for the State Department of Parks and Recreation.

BACKGROUND/DISCUSSION:

In September 2021, the Recreation and Community Services Department sought out a Outdoor Equity Grant from the California Department of Parks and Recreation, Office of Grants and Local Services. The purpose of these grant funds is to provide the community with outdoor experiences at state parks and other public lands. The Department of Recreation and Community Services intends to bring families together through providing multi-generational hiking and camping trips.

The grant funds may go toward staff time, transportation fees, supplies, equipment and other items needed for a successful program.

The State contacted the Department of Recreation and Community Services to update some of the information on the application and provide further details into the program. This item is coming before Council again to add the title of the program to the resolution as is being required by the State.

CONCLUSION:

The Outdoor Equity Grant funding would allow for the Recreation and Community Services Department to develop a program for the community that fosters learning through exploring and focuses on bringing families together. This program would allow families the opportunity to come together and experience the outdoors in new ways.

FISCAL IMPACT:

The Outdoor Equity Grant in the amount of $216,228 will help the department of Recreation and Community Services can expand community and family programming.

ATTACHMENTS:
94 Exhibit 1- Resolution 2022-22
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 95 RESOLUTION NO. 2022-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING THE APPLICATION FOR OUTDOOR EQUITY GRANTS PROGRAMS FUNDS.

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Outdoor Equity Grants Program as well as setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation require applicants to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful applicants will enter into a contract with the State of California to complete the Grant Scope program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council approves the filing of an application for the Bell Gardens, Bell Gardens Outdoor-Living Well Program.

SECTION 3. The City Council certifies that the City of Bell Gardens has or will have available, prior to commencement of any work on the program(s) included in the application, as well as sufficient funds to complete the program(s).

SECTION 4. The City Council further certifies that if the grant is awarded, the City of Bell Gardens has or will have sufficient funds to operate the program(s) as described in the Grant Selection Criterion response.

SECTION 5. The City Council further certifies that the City of Bell Gardens has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.

SECTION 6. The City Council authorizes the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope.

SECTION 7. The City Council agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Exhibit 1 96

Resolution No. 2022-22
SECTION 8. The City Council will consider promoting inclusion pursuant to Public Resources Code §80001(b)(8A-G).

SECTION 9. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 14t" day of March 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 97

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 7.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, CMC City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF A30-DAY RESOLUTION

REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF

THE CITY COUNCILAND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
DATE: March 14, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID- 19). On the same day, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency throughout Los Angeles County. On March 17, 2020, the City of Bell Gardens City Council ("City Council") declared a local emergency due to COVID-19 and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c).

Currently, the state-declared emergency remains in effect. In addition, LACDPH has issued a series of Health Officer Orders containing mandates and recommendations for keeping individuals safe, reducing risk, and preventing the spread of COVID-19. On January 5, 2022, LACDPH issued a Health Order all individuals, regardless of vaccination status, wear a mask in all indoor public settings. On March 4, 2022, the most recent Health Order from LACDPH went into effect and has lifted the mask requirement for Los Angeles County, however, masking continues to be strongly recommended in most indoor settings.

On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(b)(3)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 98 2024.

On Monday, February 28, 2022, the City passed Resolution Number 2022-18, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re- authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from February 28, 2022, through March 30, 2022, pursuant to Brown Act provisions.

Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:

1. State or local officials have imposed or recommended social distancing; or 2 . To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or
3 . The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.

Modified Brown Act requirements underAB 361, include, among other provisions, that:

Members of the public must be allowed to address the body and offer comments in real-time during the meeting.

I n the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.

Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).

Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.

Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. In an effort to avoid a lapse of Resolution Number 22-18, staff recommends the City Council adopt the attached resolution.

CONCLUSION:

If approved, the following will be adopted or approved:
1) The attached Resolution authorizing the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every(thirty) 30 days.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:
99 Resolution No. 2022-23
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 100

RESOLUTION NO. 2022-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, RATIFYING THE PROCLAMATION OF A

STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL

COMMISSIONS OF THE CITY OF BELL GARDENS, FOR THE PERIOD FROM MARCH 14, 2022, THROUGH APRIL 13, 2022, PURSUANT TO

BROWN ACT PROVISIONS
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Bell Gardens ("City");
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California;
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 17, 2020, the City of Bell Gardens City Council ("City Council') declared a local emergency due to COVID-19, and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c);
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act ("Brown Act"), this waiver was extended through September 30, 20217 by Executive Order N-08-21; WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 ("AB 361"), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees;
Exhibit 1 101

Resolution No. 2022-23
WHEREAS, on March 4, 2022, the most recent Health Order from LACDPH went into effect and has lifted the mask requirement for Los Angeles County, however, masking continues to be strongly recommended in most indoor settings; WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
WHEREAS, AB 361 requires the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored;
WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time;
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; WHEREAS, on December 13, 2021, the City Council adopted Resolution No. 2021-105 ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from December 13, 2021, through January 12, 2022, pursuant to Brown Act provisions; WHEREAS, on January 10, 2022, the City Council adopted Resolution 2022-03 extending Resolution 2021-105 through February 9, 2022; WHEREAS, on January 24, 2022, the City Council adopted Resolution 2022-08, extending Resolution 2022-03 through February 23, 2022; WHEREAS, on February 14, 2022, the City Council adopted Resolution 2022-12, extending Resolution 2022-08 through March 16, 2022;
2 of 4
Exhibit 1 102

Resolution No. 2022-23
WHEREAS, on February 28, 2022, the City Council adopted Resolution 2022-18, extending Resolution No. 2022-12 through March 30, 2022; WHEREAS, the City finds that the continuous spread of COVID-19, specifically the Omicron variant of COVID-19, throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City;
WHEREAS, the City continues to enforce measures to promote social distancing which include requiring staff and civilians to wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City's social media accounts;
WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events and social distancing, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361's abbreviated teleconferencing procedures.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, has continued to recommend social distancing measures.

SECTION 3. The City Council hereby ratifies the Governor of the State of California's Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting March 14, 2022, until the earlier of April 13, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of 3 of 4
Exhibit 1 103

Resolution No. 2022-23
Bell Gardens may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 14t" day of March 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
4 of 4
Exhibit 1 104

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item8.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WJE INC.

AND CONTRACT SERVICES AGREEMENT WITH SMITH-EMERY

LABORATORIES
DATE: March 14, 2022
RECOMMENDATION:

2. Approve a professional services agreement with WJE for continued work related to the John Anson Ford Park infiltration cistern project; and

3. Approve contract services agreement with Smith-Emery Laboratories for materials engineering and related construction inspection and testing services.

BACKGROUND/DISCUSSION:

Overview of the John Anson Ford Park Infiltration Cistern Project:

The purpose of the John Anson Ford Park Infiltration Project is to capture trash nutrients, heavy metals, bacteria, and reduce toxicity from the watershed. It will help participating Cities meet the MS4 Stormwater Permit requirements. The project is in its second phase of construction.

The project diverts stormflows from an existing stormwater drain owned and maintained by the Los Angeles County Flood Control District, by installing a water treatment facility beneath the northerly parking lot at John Anson Ford Park and constructing infiltration cisterns beneath the north and west end of the Park, generally the area occupied by the parking lot and the baseball diamonds. The Project consist of modifying the LA county stormdrain and diverting a portion of the flow targeting the first flush of runoff from a storm. The diversion will modify the existing double box culvert storm drain with a five foot drop structure and diverting the flow through a 42 inch diameter pipe to a pretreatment device. After passing through the pretreatment system the storm water will flow into a buried infiltration cistern that will hold the stormwater while it infiltrates and recharges the Central Basin which is Southeast LA County's primary water supply. The project includes installation of a treatment system to remove trash and sediments from the stormwater and the construction of an infiltration cistern.

Zusser Company, Inc. (Zusser) is the general contractor for the City's John Anson Ford Park Infiltration Cistern project and Jensen Precast (Jensen) is the subcontractor providing the prefabricated concrete products. Specifically, Jensen is providing drycast concrete box culverts 105

ana wetcast concrete ceiling panels ana spacer DlocKing for the cistern structure.

Construction Deficiencies- October 2021
Since late October 2021, two main concerns have arisen relating to deficiencies with the installation of the first portion of the 13.5 acre feet of cistern installation:

1. Concrete spalling at box culvert units, at times exposing underlying steel reinforcement

2. Misalignment of precast units and installation etc. within certain individual units.

Upon identification of the concerns, the City requested Zusser provide a proposed remediation plan, which was submitted.

I n light of the issues with the construction performance standards that arose, the City reached out to the National Pre-Cast Concrete Association (NPCA)which sets the standards for pre-cast material and provides the certification of pre-casting companies. NPCA recommended Wiss, Janney, Elstner Associates, Inc. (WJE) as a specialty sub-consultant that would serve as a third party to provide an independent assessment and guidance to the City. The National Pre-Cast Concrete Association sets the standards for pre-cast material and provides the certification of pre-casting companies.

WJE Consulting Services
The City requested WJE submit a proposal to provide a review of the concerns outlined above, as well as review the submitted remediation plan. In light of the urgency to expedite the independent assessment and obtain expert findings on next steps, on November 15, 2021, the City requested WJE proceed with initial evaluation and findings. The work included an initial site visit, review and analysis of the documentation (project design drawings and specifications), make preliminary findings, and provide a written report. This work was completed satisfactorily.

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The Public Works Department is requesting that the City Council authorize the City Manager to pay WJE for concrete troubleshooting and consulting services related to the John Anson Ford Park infiltration cistern project for work completed from November 15, 2021, to December 15, 2021, in the amount of $24,505.90. The Public Works Department is also requesting WJE continue consulting services related to the cistern deficiencies in order to ensure the pending cistern repairs are completed satisfactorily. Following the City's review and acceptance of Zusser's submitted remediation plan, Zusser was scheduled to begin the repair work on March 7, 2022 and is estimated to be complete by mid-April 2022. WJE will continue providing services to the City throughout this time until the repairs are completed satisfactorily. .qPrfinn R na nRn of thin RPII C'arrlPnc U inirinni rnrlP rPni iinn z a formal ni irrhnzinn nrnrPrli inn hP 106

vv 11 v.vT. vN uw v 1 v u w vv u Nw-1-NIy tvv v - followed for the purchase of supplies, equipment, and services over$10,000.

Pursuant to Section 3.04.100(F) of the Bell Gardens Municipal Code, the purchasing policy may be dispensed when the City Council finds there is an emergency requiring the services, purchase or sale be completed within a period of time which will not permit normal bidding procedures.

Under this circumstance, the City was unable to issue a Request for Proposals for the hiring of the concrete consultant nor for the materials testing/inspection. An RFP process would take approximately 10-12 weeks to complete, from the drafting of the document itself to the Council award. Being a complex issue that staff and the project management team are not an expert with, staff needed to act expeditiously in order to seek professional expertise and obtain guidance on action necessary to address the identified cistern deficiencies. When NPCA recommended the expert consultant WJE, the City made contact and the consultant was able to immediately provide City guidance and complete initial work in less than 2 weeks. It has taken continuous action and guidance from WJE since November 2021 to get to the progress reached at this time, where the actual repairs are being done. This progress and resolution would not have been reached in these past five months had it not been for the services and expertise offered by WJE. The quick action was critical to avoid further delay in the completion of the construction project which is already behind schedule as result of this unforeseen issue. Further delays means that the sports fields continue to be unavailable for youth play which negatively impacts the community as the end user along with increased project costs.

Upon completion and acceptance of the repair plan it was found that special admixtures would be required for the repairs and that testing batch samples is necessary to verify the admixtures meet the specified strength and performance requirements. Therefore, a testing /inspection firm needed to be hired to provide testing and inspection in coordination with the physical repairs. This work would be coordinated at the direction of the City working hand in hand with WJE. To avoid further delay, staff did not issue an RFP due to the fast turnaround and action needed. Staff reached out to Smith-Emery in late February upon learning that said services would be necessary and the company confirmed they could provide services immediately upon approval for inspection and testing as the cistern repairs take place.

Staff was unable to find another responsive company that could deliver the same immediate turnaround.

CONCLUSION:

Approval of the agreements with WJE and Smith Emery Laboratories are necessary in order to properly address the pending cistern repair issues. A revised construction completion date will be determined following completion of the repair work. Staff will provide Council an update following completion of these repairs in April 2022.

FISCAL IMPACT:

Funding for this project is estimated at $21,505,380, with sources as follows: $11,005,380 through the Gateway Region Integrated Regional Water Management Joint Powers Authority ($9,904,842 - Prop 1 Grant; $1,100,538 cost sharing by the participating cities: Bell, Bell Gardens, Commerce, Huntington Park, Maywood and Vernon); and $10,000,000 in Measure W funding. The additional consulting services provided by WJE and Smith-Emery for a combined not to exceed amount of $80,000 will be back charged to Zusser.
107

ATTACHMENTS:

Exhibit 1 -WJE Resolution No. 2022-XX
Exhibit 2 -WJE Agreement
Exhibit 3 - Smith Emery Resolution No. 2022-XX
Exhibit 4 - Smith Emery Agreement
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 108

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL GARDENS APPROVING AND AUTHORIZING A

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF BELL GARDENS AND WISS,
JANNEY, ELSTNER ASSOCIATES, INC.

WHEREAS, the City of Bell Gardens ("City") determined that it required professional consulting services for the construction deficiencies found at the John Anson Ford Park Infiltration Cistern Project; and
WHEREAS, Wiss, Janney, Elstner Associates, Inc. ("WJE") represents that it is fully qualified to perform the professional services required by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, due to the urgency of the required consulting services, City engaged WJE on November 15, 2021; and
WHEREAS, the City and WJE are in agreement that Effective Date of the Agreement commence nunc pro tunc, and that City and WJE intent to be bound by the term and conditions of the Agreement as if the Agreement had been executed on November 15, 2021; and
WHEREAS, between November 15, 2021, and the execution of the Agreement, the parties have performed in compliance with the terms of the Agreement and intended all rights and responsibilities and procedures set forth under the Agreement to have been in full force and effect during this interim period; and WHEREAS, the parties wish to enter into an Agreement so that WJE can continue to provide the necessary consulting services to the City related to the John Anson Ford Park Infiltration System Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 2. The City Council authorizes the City Manager to pay WJE for concrete troubleshooting and consulting services related to the John Anson Ford Park infiltration cistern project for work completed from November 15, 2021, to December 15, 2021, in the amount of $24,505.90.

Exhibit 1 109

SECTION 3. The City Council approves the Professional Services Agreement and authorizes and directs the City Manager to execute the Professional Services Agreement attached hereto as Exhibit 2.

SECTION 4. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 5. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Professional Services Agreement, including any amendments, extensions, and other documents consistent with the Professional Services Agreement and this Resolution.

SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 14t" day of March, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
Exhibit 1 110

2022

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Construction Troubleshooting for John Anson Ford Park Infiltration Cistern Project)
(Parties: City of Bell Gardens and Wiss, Janney, Elstner Associates, Inc.)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Bell Gardens, a California municipal corporation ("City") and Wiss, Janney, Elstner Associates, Inc. ("Consultant"). The capitalized term "Party" may refer to either City or Consultant, interchangeably as appropriate.

2. RECITALS
WHEREAS, City determined that it required professional consulting services for the construction deficiencies found at the John Anson Ford Park Infiltration Cistern Project; and
WHEREAS, Consultant represents that it is fully qualified to perform the professional services described in this Agreement by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, due to the urgency of the required consulting services, City engaged Consultant on November 15, 2021; and
WHEREAS, the Parties are in agreement that Effective Date of the Agreement commence nunc pro tunc, and that all Parties intent to be bound by the term and conditions of the Agreement as if the Agreement had been executed on November 15, 2021; and
WHEREAS, between November 15, 2021, and the execution of this Agreement, the Parties have performed in compliance with the terms of the Agreement and intended all rights and responsibilities and procedures set forth under the Agreement to have been in full force and effect during this interim period.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1 "Effective Date": the Parties agree that the Agreement shall be deemed to have become effective as of November 15, 2021 and that the performance of the Parties Exhibit 2 111

from November 15, 2021 to the execution date of this Agreement, and beyond to June 30, 2022, Completion Date, shall be governed by the terms and conditions of this Agreement.

4. SCOPE OF WORK

4.1 Subject to the terms and conditions of this Agreement, Consultant agrees to provide the services and tasks described in that certain proposal of Consultant entitled "Construction Troubleshooting John Anson Ford Park Infiltration Cistern Project" dated March 10, 2022 (hereinafter, the "Consultant Proposal") which is attached and incorporated hereto as Exhibit "A". Consultant further agrees to furnish to City all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term "Work.

5. PROSECUTION OF WORK

5.1 Time is of the essence of this Agreement and each and every provision contained herein. Consultant shall complete the various tasks identified in the Scope of Work, defined above, and shall complete all services and tasks contemplated under this Agreement by June 30, 2022 (the "Completion Date").

5.2 Consultant shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. Consultant shall cooperate with City and in no manner interfere with the work of City, its employees or other consultants, contractors or agents.

5.3 Consultant shall not claim or be entitled to receive any compensation or damage because of the failure of Consultant, or its subconsultants, to have related services or tasks completed in a timely manner.

5.4 Consultant shall at all times enforce strict discipline and good order among Consultant's employees.

5.5 Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

5.6 Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultant's profession and in a manner, reasonably satisfactory to City. Consultant shall comply with all applicable federal, state, and local laws and regulations (including the conflict of interest provisions of Government Code Exhibit 2 112

Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)).

During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to Consultant's performance of such work.

5.7 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify a project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's project administrator without City's prior written consent.

5.8 Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;

5.9 All of Consultant's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Consultant; and

5.10 All of Consultant's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to City for copying and inspection.

5.11 The Parties acknowledge and agree that Consultant will perform, at Consultant's own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant's employees, agents, contractors, subcontractors and subconsultants.

Such effort by Consultant to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that City's acceptance of any work performed by Consultant or on Consultant's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Exhibit 2 113

Consultant's profession.

5.12 City's Representative: The City hereby designates Grissel Chavez, Director of Public Works (hereinafter, the "City Representative") to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the City for all purposes under this Agreement. Consultant will not accept directions or orders from any person other than the City Representative or their designee.

5.13 Consultant Representative: Consultant hereby designates Jeffrey A.

Caldwell, P.E., to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to Consultant.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement and Consultant agrees to accept payment in full satisfaction for such services as set forth under Attachment "B" entitled 'WJE Rate Schedule".

6.2 The foregoing notwithstanding, Consultant's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of Sixty-Five Thousand Dollars ($65,000) (hereinafter, the "Not-to-Exceed Sum") during the term of the Agreement, unless such added expenditure is first approved to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant's performance pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City approved amendment to the compensation terms of this Agreement.

6.3 The Not-to-Exceed Sum will be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant will submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of Consultant's monthly compensation is a function of hours worked by Consultant's personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts Exhibit 2 114

included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant.

7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material ("written products") developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City.

8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. Consultant is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any City employee benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance.

9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

10. INDEMNIFICATION

10.1 The Parties agree that City and City's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify, defend and protect City as set forth herein.

Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, Exhibit 2 115

recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.

10.3 City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant's failure to either pay City promptly for any costs associated with Consultant's obligations to indemnify the City Indemnitees under this Article, or related to Consultant's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

10.4 The obligations of Consultant under this Article will not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City's elected and appointed officials, officers, employees, agents, and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

10.6 City does not, and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

Exhibit 2 116

10.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.

11. INSURANCE

11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

11.1.1 Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

11.1.2 Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

11.1.3 Professional liability (Errors & Omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

11.1.4 Worker's Compensation insurance as required by the laws of the State of California.

11.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

Exhibit 2 117

11.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.

11.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon.

11.5 At all times during the term of this Agreement, Consultant shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City's Risk Manager such certificate(s).

11.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

11.8 The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.

11.9 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

11.10 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

12. MUTUAL COOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consultant's services under this Agreement.

13. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or 8 Exhibit 2 118

termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

14. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement.

15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third (3rd) business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to CITY: If to CONTRACTOR:

City of Bell Gardens Wiss, Janney, Elstner Associates, 7100 S. Garfield Ave. Inc.

Bell Gardens, California 90201 225 South Lake Avenue, Suite 500
With a courtesy copy to: Pasadena, CA 91101
Attn: Jeffrey A. Caldwell, P.E.

Rick Olivarez,
Olivarez Madruga Lemieux O'Neill, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093

16. SURVIVING COVENANTS
The parties agree that the covenants contained in Sections 9 and 10 and Section 12, of this Agreement shall survive the expiration or termination of this Agreement.

17. TERMINATION

17.1. City may immediately terminate this Agreement at anytime for convenience and without cause by giving prior written notice of City's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate this Agreement except for cause as provided under Section 17.2, below. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant 9 Exhibit 2 119

will be required to provide such Documents and Data within fifteen (15) calendar days of City's written request. No actual or asserted breach of this Agreement on the part of City pursuant to Section 17.2, below, will operate to prohibit or otherwise restrict City's ability to terminate this Agreement for convenience as provided under this Section.

17.2 In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 17.3 and 17.4, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

17.3. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of City's issuance of a Default Notice for any failure of Consultant to timely provide City or City's employees or agents with any information and/or written reports, documentation or work product which Consultant is obligated to provide to City or City's employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period.

The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.213.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17.3(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

17.4 In addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) Consultant's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant's failure to fulfill or perform its obligations under this Agreement 10 Exhibit 2 120

within the specified time or if no time is specified, within a reasonable time; (iii) Consultant's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) City's discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.

17.5. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Consultant will be cured by City within five (5) calendar days from the date of Consultant's Default Notice to City.

17.6. City, in its sole and absolute discretion, may also immediately suspend Consultant's performance under this Agreement pending Consultant's cure of any Event of Default by giving Consultant written notice of City's intent to suspend Consultant's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City will operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.

17.7. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

17.8. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may extend the time of performance;
11 Exhibit 2 121

iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant's breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

17.9 Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City's exercise of its remedies under this Agreement.

17.10. In the event City is in breach of this Agreement, Consultant's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Consultant under this Agreement for completed services and tasks.

18. GENERAL PROVISIONS

18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
12 Exhibit 2 122

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees expended in such action subject to the limitations contained in Section 10. The venue for any litigation shall be Los Angeles County, California.

18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.

18.9 All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant. [Signatures on Next Page]
13 Exhibit 2 123

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" "Consultant"
City of Bell Gardens Wiss, Janney, ElstnerAssociates, Inc.

By: By:

Michael B. O'Kelly, City Manager
Date: Date:

Approved as to form-
By-
Rick Olivarez, City Attorney
14 Exhibit 2 124

EXHIBIT "A"

CONSULTANT RFP
15 Exhibit 2 125

vviss /anney,Bstmermamdates Inc.
22S6uuthLakeAvenu�6uiteSOO
WJE Pasaden�Ca|ifumia911O1
626.6964650te|
[email protected]
March 1O, 2O22
Grisse| [havez
Director of Public Works
City ofBell Gardens
71OO Garfield Avenue
Bell Gardens, California 9O2O1
Construction Troubleshooting
John Anson Ford Park Infiltration Cistern Project
Bell Gardens, California
VV]E No. 2O2178B6
Dear Ms. Chavez:

At the request ofMr. Desi Alvarez of M[M Management Company (M[M), VViss, ]anney, E|stner Associates, Inc. (W]E) is pleased to provide this updated proposal for professional engineering services associated with the above-referenced project.

BACKGROUND
The John Anson Ford Park Infiltration Cistern Project (the Project) is designed to capture, retain, infiltrate, and replenish urban runoff by the installation of stormvvatercapture and subsurface Infiltration system located approximately 40 feet below finished grade. The project includes a series of interconnected prefabricated concrete box culverts that, when combined, will a||ovv for the capture and recharge of up to 1,200 acre-feet per year of dry-weather and storm runoff from a catchment area of 2,295 acres.

We understand that Zusser[ompany, Inc. (Zusser) of Los Angeles, California, is the general contractor for the project and Jensen Precast (Jensen) of Fontana, California, is the subcontractor who is providing the prefabricated concrete products for the project. Specifically, Jensen is providing drycast concrete box culverts and vvetcast concrete ceiling pane|s and spacer blocking for the cistern structure. Based on our discussion with Mr.Alvarez (M[M), vve understand that two main concerns have arisen during the most recent project phase:

1. [oncretespa||ing at box culvert units, at times exposing underlying steel reinforcement

2. Misalignment of box culvert units and block-out doorways, etc. within certain individual units At present work has reportedly stopped to a||ovv for Owner review of existing conditions.We understand that]ensenhassubmittedaproposedremediationp|an, datedNovember2, 2O21. VV]Ehasbeenaskedto provide a review of the concerns outlined above as Items 1 and 2, as well as review the proposed remediation plan. Based on our review of this information, WJE was asked to provide an opinion of these conditions to M[M and the City ofBell Gardens.

Atlanta�xustin� aoston�Chicago Cleveland� Dallas� Denver Detroit� Doylestown�nono|u|u� nouston� Indianapolis London� Los Angeles� Vi|naulkee Minneapolis� New Haven mort»umok(nQ)� New York� Philadelphia� pittsuum» Portland� Princeton� Raleigh�San Antonio�San Diego�San Francisco�Seattle�soum Florida�Washington,oc Exhibit 126

Ghsselchave
CityufBeU Gadens
WJEMach 1�2O22
Page

PROPOSED SCOPE OF SERVICES
VV]E's scope of services was initia||yout|inedin our November 16, 2O21 proposal.The proposal, approved by the City, outlined an initial series of tasks, outlined below as Tasks 1 through 4. Subsequently, Task 5 was requested by the City and completed.

As the project moves forward, the City had requested a Task (a request driven byZusser), which was ultimately riot scope the team proceed with. Currently, VV]E is performing servicesout|ined as Task 7, outlined in further detail, below.
lPeir WJIII::.:^s Novemmbeir '16, 2021 ProposaUoutUfinfing a lbase scope of taslks:

HIM Task 1 Initial Site Visit /[ornp/eteu0
HIM Task Document Review and Ana|ysis /[ornp/eteu0 HIM Task Verbal Presentation /[ornp/eteu0
HIM Task Written Report (Completed Draft Report Issued Dec-ember 6, 2027) lPeir WJ IE^s Decemmbeir 7, 2021 piroposaU:

HIM Task |dentificationof[oncrete Repairs (Completed Final Report Issued December 17, 2O21) lPeir WJ IE^s Decemmbeir 30, 2021 piroposaU:

HIM Task Box Culvert Dimensional To|enanceAssessment (Not Performed) VV]E's current services, by which verbal approval has been given by the City, are outlined in Task7.

Task 7- Concrete Repair Construction Administration
The project is currently in the repair phase, with mockups underway as of the date of this proposal.We anticipateVV]E^songoing assistancevvi|| inc|ude the fo||ovving:

IN C]nsiteobservationofmockups
IN Written reportout|ining mockup result and recommendations IN Routine site visits to observe the concrete repaicsanticipated to begin Monday, March 14, 2022 IN Written site visit reports outlining observations of the work at the time of the site visit IN Final written report at the completion of the work IN Assistanceduring project team meetings
Exhibit 127

Ghsselchave
CityufBeU GardensWJEMarch 1�2O22
Plage3

COMPENSATION
As this comprehensive proposal outlines work performed previously and to establish a total cost we anticipate throughout the duration of the concrete repair phase of services.

We propose to perform the above tasks for the fixed fee costs outlined in the below table.We have sepa rated Task 4 from the base scope ofwork.

Base PiroposaU Task DescirKptKon Cost
Task 1 - /nido/.Sdc Visit $1.800
Task 2 and Task 3 -Documen!Review,Analysis, and Verbal Report $4'000 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Task 4- Written Report $5.000
AddKtKonaUServKces Task DescirKptKon Cost Task 5 - Identification o/Concrete Repairs $10.000 Task DescirKptKon Cost
Task 6 - Box Culvert Dimensional Tolerance Assessment NDTPERFDRKXED AddKtKonaUServKces Task DescirKptKon Cost Task 7 - Concrete Repair Construction Administration $44.200 PiroJect To-tall Budget(Not To Exceed) $65'000
All work will be performed in accordance with our Terms and Conditions for Professional Services, attached. |f Additional Services are request, VV]Ewill provide a subsequent proposal to outline the objectives ofthe City's request and the additional services recommended to accomplish the project goals.Additional Services will be performed on an hourly basis in accordance with our current rate structure provided in the table below.

PirofessKonaU Staff PirofessKonaU Suipipoirt Staff Senior Principal $350.00 Senior Specialist $150.00 Principa| $290.00 Specia|ist $135.00 AssociatePrincipa| $235.00
Senior Associate $205.00 Senior Technician $115.00 Associate ||| $185.00 Technician || $100.00 Associate || $160.00 Technician | $85.00 Associate | $130.00
Exhibit 128

sxse|chave
[i�ofBeUGa�ens
WJE Ma�h1�2QZ2
IPage 4

SCHEDULE
We understand the critical nature of WAE's involvement and the impact that the current schedule has on the project.To continue to meet these important schedule demands, VV]E has committed the staffing to align with the City'sneeds.

CLOSING
Thank You for contacting VV]E to assist with this important project. If this proposal is acceptable to you, please sign below and return to my attention. If there are aspects of the proposed services that do not align With your original understanding, or if You vvou|d like to discuss the above scope in further detail, please let me know and vvewill arrange meeting as soon as possible.

Sincerely,
WUSS, JAMWMWIEY, Ell STMWIEIR ASSOCUATIES, UMWC.

Agreed and ap�proved
Je- rey A, CaUdweUU, P,E, (No, 86111) �Name� (please print) PrindpaY and Unit Manager
Signature�
End�nnsand[m�hiomf�Po��ow|��c�� Title:

As Agent mrPhn6paU6oc
Address�
O�ate:

Exhibit 2 129

Ternoa�nd �on��om�for�rofm��h�naU�erv�em MATWJE PmQo1o[2 Wism Jamoay,Elstner Associates,Inc.or WJE Engineers&Architects,P.C.(WJE)has been requested to perform certain professional and other services.The parties agree that these services shall be performed under the following Terms and Conditions,and that Client's acceptance of ME's proposal or its direction for ME to commence any services constitutes acceptance of these Terms.

1. Independent Contractor. ME is on independent contractor, mm expense service fee.*UE equipment used in field orlaboratory and all persons employed to furnish oemiwo h^mumdo, are work im billed atVWE^o equipment usage rate schedule in effect ut employees nfMEnr its nubmnbodors/submnau|tamts and not nf the time the work in performed,subject to adjustment for minimum the Client. ME and Client egmo to be solely responsible for or extended usage. Podo|'ho-podo| equipment usage rates are compliance with all fedma|, state. and |000| |owm^ rules and comparable to prevailing commercial rental rates (if avai|ab|o) rego|edona, and ordinances that apply to their own respective Billing rates may bo increased annually.Any subcontracted service nmp|nynnu. will bn billed at cost plus lD percent providing the subcontract finn has in place adequate insurance coverage determined byNQE�

2.Podonnaooe.Thootandmrdofomre for all professional services otherwise,the cost will bn marked up2D percent and invoiced oa performed or furnished byVWE will bo the skill and care ordinarily am expense service fee. Client agrees tw pay WUE'othen-current used by members nfNQE'n professions performing similar services time charges,attorneys'fees, and other expenses resulting from and practicing under similar circumstances at the same time and in required attendance at depositions,administrative proceedings,o, the ommo locality. ME makes no guarantees o, wanonUoo' responding to subpoenas wr court orders relating to the Project,but express or implied,with regard to the performance mf its services. not for such expenses attributed to*UE^o negligent performance VVJE shall not have control over o,beio charge of and shall not bo of its services. responsible for construction m*amo, methods, techniques, sequences nr procedures nr for construction safety precautions Payment for NUE^o services in expected im full inUS dollars upon and programs since these are the responsibilities of others.VWE receipt of the invoice. Invoices more than 3U days past due are agrees to perform its services ioao timely a manner umioconsistent moNoot too2%interest charge per month (but nomore than the with the professional standard of oem and to comply with maximum extent allowed by law) compounded annually and any applicable |awm, reGm|uUomo, codes and standards that relate to related uttorneym^feoo and collection expenses.VVJE reserves the VYJE'a aomionu and that are in effect as of the date when the right to suspend he onmionu if the Client fails to make payment services are provided.Client agrees that no claim may bobrought when due.|n such mn event,NUE shall have moliability to the Client against any ME employee individually for any claim involving for delay o, damage mmawd the Client boomum* of such performance nfservices. suspension.

3. Client Duties. In order for ME to porbmn the m*mi000 V. Termination. Both the Client and ME have the right to requested,the Client shall,atno expense toNQE. (l)provide all terminate NQE'n acmionn for convenience upon seven om|nndmr necessary information regarding Client's requirements as days' whMam modoo to the other party. In the event the Client necessary for the orderly pmgwma of the work-, (2) designate a terminates without cause, ME shall beenfiNed to compensation person to act os Client's repmmmbfivw for the services who shall for its services and expenses mpto the time uf such notification, have the authority to transmit instructions,receive instructions and including fees for any transition services,and shall have noliability information,and interpret and define Client's policies and requests for delay or damage to Client because of such termination. for VVJE'm aemi000� and (3) provide mowoo to and make all provisions for MEto enter,without cost, limitation,or burden to 7. Reports, Drawings, and Work Product. ME retains ME, the specific property as required to perform the wmrk, ownership of reports, drawimga, opocifioedona, test data, including the use of scaffolds or similar moohoni^u| *quipment techniques, photographs, |o#em^ notes, and other work product, VYJEin entitled to rely upon the information and services provided including those im electronic form,it has created.These documents by the Client. o,parts thereof may not be reproduced m used by the Client for any purpose other than the purpose for which they were prepared,

4. Safety. Field work will be pndbnmod only under conditions inn|uding, but not limited to, use on other projects or future deemed safe byME personnel.Charges may be made for safety modifications to this Project, without the prior written consent uf or security m*momreo required by hazardous job conditions that VVJE. Upon request, ME will provide Client with a copy of VYJE may encounter. Client understands that ME is only documentation for information and reference purposes and bill for responsible for the safety of its own employees and those of its such reproduction in oowxdonw with Paragraph 5 above. Any moboonmo|tants and is not mopomoib|* for the safety of other unauthorized use ofWAE'o work product shall be at the Q|iomfo persons nrproperty. sole risk and Client shall indemnify ME for any liability nrlegal exposure toNQE To the extent V0E terminates its services due

5.Compensation and Expenses.Client agrees to pay for WAE^o to non-payment of fees by Client,Client shall not be entitled touse requested services in accordance with NUE'o standard hourly rate the documents described herein for any purpose whatsoever. scbodo|* or negotiated fee. Charges generally will be billed in monthly intervals with mAp|imah|^ taxes included. Travel, V. Environmental Mazard�m. Client acknowledges that WAE'o aubuistencm, and axpomonn incurred-, communications-, services do not include the detection,investigation,evaluation,or reproduction, and shipping charges will bo billed atcost plus abatement of environmental conditions that NQE may encounter, percent and invoiced euon expense service fee. Use ofvehicles such oa mold, lead, asbestos, PCBs, hazardous substances, or will be billed at$D.0O per mile. Expended materials for field and bmin materials that may be present in buildings and structures laboratory work, nmtm| equipment, and any fees advanced on involved io this Project.The Client agrees to defend,indemnify,and Client's behalf will bo billed ot cost plus 1O percent and invoiced mo hold NUE harmless from any claims relating to the actual oralleged Exhibit 130

Ternoa�nd �on��om�for�rofm��h�naU�erv�a� MATWJE PmQo2o[2 existence ur discharge of such materials through no fault ofWAEt including but not limited to,negligence,strict liability,indemnity m employees.NUE reserves the right to suspend its services,without breach of contract ohd| not oxoond an amount equal to the liability for consequential o,any other damages,ifh has reason to proceeds obligated tobe paid under V0E'o applicable insurance believe that its employees may bo exposed to hazardous materials policy for such claims. If,for any reason,the applicable insurance and will notify the Client im such event. policy does not provide coverage for any particular claim described herein,then the liability amount shall not exceed VVJE'm fees for the

9. Dispute Resolution. Prior to the initiation of any |ogo| services performed hereunder. proceedings (except for NQE initiated claims for nonpayment for m*miwo)'WQE and the Client agree to submit all claims,disputes, In no event ahuU WQE be |ioh|* in mmtraot, tort. strict liability, orcomtmvnrsinn arising out oforim relation to the services provided warranty or otherwise,for any special,incidental nrconsequential byNQEto mediation.Such mediation shall bo conducted umdorthn demmgoa, such as, but not limited to, delay, disruption, |000 of auspices of the American Arbitration Association or such other product, |oom of anticipated profits or mvomu*' |000 of use of mediation service nr mediator upon which the parties agree.Client equipment or system, non-operation or inonmond expense of consents to suit for nonpayment io the state courts ofIllinois. operation of other equipment o,systems,cost of capital,wr cost uf purchase or replacement equipment systems ovpower.

10.Successors and Assigns.These Terms shall be binding upon Client and VWE and their respective successors,assigns and legal 14.Third-Party Beneficiaries. Nothing contained im these Terms representatives. Neither party may assign, oobcmntract, or shall create e contractual relationship with,orm cause nf action in otherwise delegate its responsibilities without the prior consent uf favor of, a third party against either the Client o,VVJE. VWE^o the other party,which consent shall not bo unreasonably withheld. services hereunder are being performed solely for the benefit ofthe AddMonmUy, in no instance shall this paragraph bn interpreted to C|innt, and no other entity shall have any claim against NQE create any rights im any third party. be000mo of these Terms o, VVJE'a performance o, non- performance of services hereunder.

11. |omumooe. NUE maintains commercial general |imbi|ity, automobile, workers' compensation, and employers' liability and 15. Laboratory urMaterial Testing Services. Material samples professional liability coverages under policies written by national not oumoumnd in NQE'n work will be discarded 00 days o#br insurance carriers rated by the A.M. Best Company,evidence of completion of the project unless the Client requests other which will bo provided upon request.Special endorsements are not disposition im writing.NQE cannot b*responsible for material after allowed.No waiver of subrogation io allowed on*UE'oprofessional 0D days and Client shall inform*UEinwriting how to dispose of liability policy. Upon written request, *UE agrees to mumn the the samples. NQE will exercise reasonable care in safeguarding Client aomn additional insured to the commercial general liability materials,records,o,equipment,but disclaims any liability for loss and automobile coverages. Any request to add other parties mo or damage.Rates for sample storage will vary by sample size but additional insureds must bn made in writing and insubject to certain inno event will sample charges bn less than$278 per year accruing |imkuUumo. All policies are subject to annual renewal. Excess upon the 01st day uf storage and annually thereafter.Failure topay coverage is ovmi|ob|n for vxponmmo over primary policy limits for underlying services or storage constitutes permission todispose except for professional liability. of all samples held by*UE. 1%. Indemnity. Tw the fullest extent permitted by law, Client and Any testing done on materials or products shall not prevent NQE VYJE each agree to indemnify and hold the other harmless, and from any services involving Qinnfo muteho|n or products in the their respective agents'uffioomondomNuyoeo.8nmondmguinot built world. WQE ohoU have no liability to third parties for any liability for all direct duimo^ |oomoo^ domogoo' and expenses, products or materials developed from WAE'o m*miwo. WQE^o including reasonable attorneys' fees, to the extent such claims, reports,trademarks nr other property ohu||not bn used toindicate |ussem, dommgoo^ or expenses are for bodily injury, oiokn*om' endorsement of any material orproduct. dim*aoe, death, o, property damage and to the extent they are nouond by the negligent odo, nnnm, or omissions of the 18. Entire Agreement. These Terms together with any written indemnifying party,and/or the indemnifying party'o agents,officers, proposal mhmU constitute the entire understanding of the parties employees,independent contractors,m subcontractors of any tier. concerning the Project and supersede all prior negotiations and In the event such o|eimn, ksses, demmgoa, or oxpnnaoa are written agreements bobmoon thnm, and any amendment or caused by the joint ur concurrent negligence of Client and WAE.o, modification to either WAE^o proposal ortheoeTonmomoybemad* their respective agents, offioom. *mNuy*eo^ independent only bym written instrument expressly stated tobeanamendment contractors,nrsubcontractors of any tier, they shall bo borne by and signed by*UE each party im proportion to that negligence.

17. Sevembi|ity. If any provisions ufthese T*nmo' or portions 11 Agreed Remedy. To the fullest extent ponniMcd by law, the thomnf,are determined to be unnnforcomb|n,the remainder shall total liability,im the aggregate,ofNUE and VWE^o officers,directors, not bo affected thereby and each remaining provision urportion employees,agents,and consultants to Client and anyone claiming thereof ahmU continue to be valid and o#tdivn and aheU be by,through,m under Client,for any and all injuries,claims,losses, enforceable to the fullest extent permitted bylaw. expenses, or damages, including, without limitation, attorneys' fees, arising out ofmin any way related to WAE'o services,the Copyright 2017 Wiss,Janney,Elstner Associates,Inc.

Project, or these Terms, from any cause m causes whatsoever, Exhibit 131

EXHIBIT "B"

FEE SCHEDULE
11 Exhibit 2 132

WJE
March 10, 2022
Grissel Chavez
Director of Public Works
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, California 90201
Construction Troubleshooting
John Anson Ford Park Infiltration Cistern Project
Bell Gardens, California
WJE No. 2021.7886

WE RATE SCHEDULE
........................................................................................................................................................................................................................................................................................................................ .........................................................................................................................................................................................................................................................................................................................

Pirofessionall Staff Pirofessionall SuIppoift Staff Senior Principal $350.00 Senior Specialist $150.00 ........................................................................................................................................................................................................................................................................................................................ .........................................................................................................................................................................................................................................................................................................................

Flrincipall $290.00 SpeciaHst $135.00 ---------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------- Associate Principal $235.00
........................................................................................................................................................................................................................................................................................................................ .........................................................................................................................................................................................................................................................................................................................

Senior Associate $205.00 Senior Technician $115.00 ---------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------- Associate 111 $185.00 Technician 11 $100.00 ........................................................................................................................................................................................................................................................................................................................ .........................................................................................................................................................................................................................................................................................................................

Associate 11 $160.00 Technician 1 $85.00 ---------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------- Associate 1 $130.00
......................................................................................................................................................................................................................................................................................................................... ..........................................................................................................................................................................................................................................................................................................................

Exhibit 2 WJE NO.2021.7886 1 MARCH 10,2022 133 Page I

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL GARDENS APPROVING AND AUTHORIZING A

CONTRACT SERVICES AGREEMENT BY AND BETWEEN

THE CITY OF BELL GARDENS AND SMITH-EMERY

LABORATORIES FOR MATERIALS ENGINEERING AND

RELATED CONSTRUCTION INSPECTION AND TESTING

SERVICES FOR THE BELL GARDENS CISTERN

PROJECT
WHEREAS, the City of Bell Gardens ("City") requires materials engineering and related construction inspection and test services for the Bell Gardens Cistern Project; and WHEREAS, City staff has determined that Smith-Emery Laboratories possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the City and Smith-Emery Laboratories desire to enter into a Contract Services Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 2. The City Council approves the Contract Services Agreement and authorizes and directs the City Manager to execute the Contract Services Agreement attached hereto as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Contract Services Agreement, including any amendments, extensions, and other documents consistent with the Contract Services Agreement and this Resolution.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

Exhibit 3 134

PASSED, APPROVED AND ADOPTED this 14t" day of March, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
Exhibit 3 135

2022

CONTRACT SERVICES AGREEMENT
(Contractor: Smith-Emery Laboratories)
(Nature of Engagement: Materials Engineering and Related Construction Inspection and Testing Services for the Bell Gardens Cistern Project) THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2022 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY') and SMITH- EMERY LABORATORIES (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.

RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires materials engineering and related construction inspection and test services for the Bell Gardens Cistern Project; and WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:

Section 1. Scope of Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide the services and tasks described in that certain proposal of CONTRACTOR entitled "Project Cost Estimate" dated March 10, 2022 (hereinafter, the "CONTRACTOR PROPOSAL") which is attached and incorporated hereto as Exhibit "A". CONTRACTOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term "Work." B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

Exhibit 4 1�6

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR's risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment.

Section 2. [Reserved — No Text]
Section 3. Prosecution of Work.

A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY's issuance of a written notice to proceed ("Notice to Proceed"). The Work shall be completed by June 30, 2021 (hereinafter, the "Completion Date").

B. CONTRACTOR shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

C. CONTRACTOR may submit a written request for additional time to complete the Work, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONTRACTOR in order to complete the Work; (ii) how much additional time CONTRACTOR requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONTRACTOR, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONTRACTOR being able to complete any other service or task; and (iv) what proactive steps CONTRACTOR has taken up to the date of the request to mitigate the need for additional time, Exhibit 4 12 7

including, if applicable, any effort on the part of CONTRACTOR to alert CITY of the need to provide information or complete certain tasks to be performed by CITY.

CITY in its sole and absolute discretion may grant, deny or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.

D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR's employees.

F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

Section 4. Compensation.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in CONTRACTOR's Project Cost Estimate (hereinafter "CONTRACTOR Estimate").

B. CONTRACTOR's total compensation for this Agreement shall not exceed the sum of FIFTEEN THOUSAND DOLLARS ($15,000) (hereinafter, the "Not-to-Exceed Sum"). CONTRACTOR further agrees that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.

C. Following the conclusion of Work requested pursuant to Section 1, above, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed. If the amount of CONTRACTOR's compensation includes hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:

A. CONTRACTOR shall perform all work skillfully, competently and to the highest Exhibit 4 13 8

standards applicable to the CONTRACTOR's field;
B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or County of jurisdiction.

The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf Exhibit 4 1439

shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section 6. Representatives.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be Grissel Chavez, Director of Public Works (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, Mac Feller, Project Manager is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (hereinafter, the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.

The Contractor's Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Section 7. Contractor's Personnel
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR's supervision, and CONTRACTOR's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

Exhibit 4 15 40

C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

D. In the event that CITY, in its sole reasonable discretion, at any time during the duration of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

E. CONTRACTOR shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

F. CONTRACTOR shall obtain and maintain during the duration of Agreement all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY.

In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

Section 9. [Reserved — No Text]
Section 10. Prevailing Wages and General Labor Compliance and Reporting.

A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though Exhibit 4 16 41

fully set forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the Exhibit 4 1742

work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3)years from the date noncompliance is determined and be assessed civil penalties.

G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Agreement. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and records.

H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or Exhibit 4 1843

forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.

Section 11. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicitor secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the duration of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 12. Independent Contractor.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the duration of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Exhibit 4 1944

CONTRACTOR.

E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

Section 13. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.

Section 14. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under this Agreement.

Section. 15. Indemnification.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of Exhibit 4 q�5

action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence orwillful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

B. CONTRACTOR's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.

C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any Exhibit 4 q�6

property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement.

E. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

Section 16. Insurance.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows-

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1 000,000)for each occurrence and in the aggregate for any personal injury, death, loss or damage.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Professional liability (Errors & Omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1 000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and CONTRACTOR agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

4. Worker's Compensation insurance as required by the State of California.

Exhibit 4 q47

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.

E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

F. CONTRACTOR shall provide proof that policies of insurance expiring during the duration of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY.

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

Exhibit 4 q18

K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as full performance of CONTRACTOR's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.

N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Section 17. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four(4)years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

Section 18. Termination.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.

CONTRACTOR may only terminate this Agreement for cause.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall Exhibit 4 q49

constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

1. CONTRACTOR shall cure the following Event of Default within the following time periods:
i. Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "A" that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

Exhibit 4 q90

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or
Exhibit 4 q91

iv. The CITY may exercise any other available and lawful right or remedy.

CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

6. In the event CITY is in breach of this Agreement, CONTRACTOR's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 19. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section.

Section 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

Exhibit 4 qk

If to CITY: If to CONTRACTOR:

City of Bell Gardens Smith — Emery Laboratories
7100 S. Garfield Ave. 1197 Tustin Avenue
Bell Gardens, California 90201 Anaheim, CA 92807
Attn: Grissel Chavez, Director of Public Attn: Mac Feller, Project Manager Works (213) 699-7824
(562) 806-7770
With a courtesy copy to:

Rick Olivarez,
Olivarez Madruga Lemieux O'Neill, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
Section 21. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 22. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.

Section 23. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

Section 24. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 25. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and Exhibit 4 q93

effect.

Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 27. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 4 g594

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY OF Bell Gardens, a municipal SMITH-EMERY LABORATORIES corporation
By:

By:

Michael B. O'Kelly Name:

City Manager
Title:

Date:

APPROVED AS TO FORM:

By:

Rick Olivarez
City Attorney
Date:

Exhibit 4 ?95

EXHIBIT "A"

CONTRACTOR PROPOSAL
Exhibit 4 ?96

City of Bell Gardens Water Reclamation Project ESTIMATE DATE:03.10.2022 ll
- Gardens,Plans ema 1��uIIII��P r r ya��IIIVi Schedule:as above

PROJECT COST ESTIMATE
SPECIAL INSPECTIONS HOURS RATE TOTAL Reinforced Concrete Inspections#2401 36 $ 120.00 $ 4,320.00 One day/week for 6 week duration,4 hours on site.

INSPECTION SUBTOTAL 36 $ 4,320.00

ADD/ALT
Overtime/Double Time 1.5x/2.Ox
MATERIAL TESTING UNITS
Mortar cubes-#4215 42 $ 100.00 $ 4,200.00 Concrete cylinders per ASTM C39 42 $ 45.001$ 1,890.00 Transportation and Processing of Materials Testing Samples(per pick-up) 84 $ 30.00 $ 2,520.00 MATERIALTESTING SUBTOTAL $ 8,610.00

ADMINISTRATIVE
Final Report Affidavit/Close out 1 $ 350.00 $ 350.00 Project Management and Project Engineer(one hour per week) 1 $ 150.00 $ 150.00 Administration/Reporting/Field Supervision(per invoice) 0 7% $ 929.60 SUBTOTAL $ 1,429.60
This proposal is based on the description via email from the structural engineer dated 3/10/2022. Materials Testing estimates are based on code minimum requirements per local jurisdiction of your project.The project proposal assumes that the workday is an eight-hour day,normal conditions will prevail and our work will progress free of any disruptions or unforeseen obstacles.The contractor's construction schedule and manpower allotted will be the overall determining factor for inspection cost and hours for this project. Please note that overtime,schedule changes or increases in inspection requirements are not included,these and other factors beyond our control may affect the projected total.Smith-Emery Laboratories services are provided on a 4&8 hours minimum.Rates are good through June 30th of each year and effective July 1st of each year rates are adjusted resulting from corresponding changes in our general administrative and overhead expense.Clients will be invoiced for all work performed on time and material basis on Smith-Emery's working conditions and hours.We do not bill for any items not performed and all invoices come with corresponding backup. Please see attached Schedule of Fees for additional terms and conditions.

Exhibit 4 157

Smith-Emery Laboratories
............... ..............."I'l""I'll""I'll'll""I'll""I'll",'ll""I'll,'ll""I'll""I'll",,'ll""I'll""I'll",'ll""II Schedule Of Fees
Southern California Area
July 1, 2021 - June 30, 2022
i
W
y�
90Oaa.oa`

Table of Contents
Professionol Staff ii
Professionol Af fitiotions,Approvots&Accreditotions iii Committees, Jurisdictionol/OSHA Approvots, Offices iv Chorges for Services and Contract Terms v
Generol Conditions viii
Inspection Services 1
Generot Field Services 3
Laboratory Services 5
Aggregate 6
Aspholt Concrete 8
Colibrotion Verificotion Services 9
Ceramic Tile&Stone 10
Concrete 12
Construction Moteriols - - - - - - - - 14 Curtain Watt 16
Masonry 18
Metollurgicot 19
Plostics and Plumbing 22
QuolityAssuronce (3rd PortyAudit) 23
Reinforcement 24
Soils 26
Structurot 27
Geotechnicol and Environmentol Services 29
Chemicol Services 31
OrgonicAnolysis 31
Inorgonic Anolysis 32
Administrative Fees 33
Exhibit 4 A9

a Staff
Principal
James E. Partridge
P.E.-Civil. President
Edward Salazar Artedi Cortez R. Theodore Peet
1'.E. - Civil, CW1 P E., C.E , G. ,M.S.G.E. FE-Civil, B; S.C.E , ASN'I' Level M University Of California,Berkley U.P., World Open Uni S.Dakota University Of Pittsburgh Janeth Quintero Simon Bittar Ruben Dominguez 1'.E., Civil, R.S.C.E. 1'E., Civil, R.S.C.E CW1, ASN'I' NUT Level QQQ Javeriana (1,Bogold Colombia Cal State Los Angeles Cal State University,Pomona Dinesh Shrestha William Partridge Joeseph Kingston t'.E, G.E, t S1) R.S.M.E. R. C. C W I Cal Slate University Fullerton University Of San Diego University Of Pittsburgh Patrick Morrison Carl Eklund Christopher Larkin t'.C. CEC PE., Civil, R.S C.E. t'.0 , R.A. Biology Cal Slate University Hunaboldl Cal State University Long Beach Western University Washington Angelito Cabanilla Wilfredo Bote Agerico M. Banzuela Adamson University-Philippines Central Luzon Polylech-Philippines Mapua Inst. Of Tech-Philippines Rafael Cruz Christian Granada Idebrando Resurreccion 9 R.S.E.E. Cheinist:r}- R.S C.E.

University Of Santo Tomas-Philippines National University- Colombia Far Eastern U,Philippines Lynn Klimasofski Rick 0 Parlier Azmat Imam R.se. Cheinical Eirg°ineering Cheinical Eirg°nreerhig°, MSc.

Cal State Los Angeles University Of California Ohio University Exhibit 4 _ 1��0_

j Affiliations, Approvals & Accreditations
Professional Affiliations
American Society of Civil Engineers American Society for Testing Materials American Society of Safety Engineers American Concrete Institute American Welding Society American National Standards Institute American Society for American Society for Quality American Water Works Association Non Destructive Testing
American Chemical Society California Geotechnical Engineers Construction Specifications Institute Association
Geological Society of America International Association of Plumbing International Code Council & Mechanical officials
National Society of Registrar Accreditation Board Society of Fire Protection Engineers Professional Engineers
Society of Petroleum Engineers Structural Engineers Association of Southern California
Approvals and Accreditations (Partial List)
American Concrete Institute American Association Of State Highways American Materials Reference Laboratory American Architectural ANSI ASME NQA-1 Compliant California Department of Transportation Manufacturers Association
California Department of Health, California Water Boards FLAP County Sanitation Districts of Sanitation, and Radiation Dept. Accreditation Los Angeles County City Of San Francisco City Of Los Angeles Clark County Approved Agency And Labratory
Concrete and Cement Reference Division of the State Architect Fabricator Audit Program per/IBC Laboratory section 17
ISO/IED Standard 17025 and International International Code 17020 Accreditation Service Conference-Evaluation Service IAPMO Inspection Agency and Nuclear Regulatory Office of Statewide Health Laboratory Recognition Commission Planning and Development RABQSA/Exemplar State of Florida and US Army Corps Of Engineers Registration and Dade County Approved
Certification (Int) Agency and Laboratory
US Department of State, City Of San Diego
Overseas Buildings Operations Testing Laboratory
Special Inspection Agency
Exhibit 4 _ IPI _

j Committees, Approvals & Offices
NFPA Committees on Fire Science Technology
Architect, Engineers and Building Official section International Association of Arson Investigators Building safety section, Commercial/Residential LABC Life and safety Committee California Title 24 sub-Committee LABC structural Committee Education section National Fire Marshals Associate Florida state structural Provisions Committee Oregon/NFPA Fire Chief Association Jurisdictional Approvals - Third Party Quality Assurance Agency and Testing Laboratory City of Corvallis, OR City of Emeryville, CA City of Honolulu, HI City of Oakland, CA City of Ocean shores, WA City Of Palmdale, CA City of Portland, OR City of San Jose, CA City of San Mateo, CA City and County of Riverside, CA City and County of Salem, OR City and County of Spokane, WA Clark County, NV Grays Harbor County, WA Los Angeles County, CA National City, CA San Diego County, CA state of Oregon State Of Florida and Dade County, FL
Washington Association of Building Officials - Seattle, WA OSHA Approvals for Testing
Federal OHSA
California OSHA Oregon OHSA Washington OSHA
Office Locations
Main Office
791 East Washington Boulevard
Los Angeles,CA. 90021
P - (213) 749-3411
P - (213) 741-8626
www.smithemery.com
[email protected]
I iranch Offices
Anaheim,CA San Francisco,CA Salem,OR Fresno,CA P - (714) 238-6133 P - (415)-642-7326 P - (509) 285-4337 P - (559) 352-3097 Shanghai,China
P - (86)-138-019-4
Exhibit 4 — 1�2 —

H SH EyF�
la Inspection Services - Prevailing Wage Rates
9 0

AORATOR
C IIIDIIE COST C IIIDIIE COST GeotechnicalConsulting/Testing ............................................................................................................... 1815 Shear Diaphragms $155 2016 Grading inspection Shear Nailing Inspection Preliminary Investigations BY (�u ote Hold-Down Hardware,Include Dowels Foundation Recommendations By (, u ote 2407 Fireproofing/Firestop Inspection $155 Environmental Assessment Studies BY (, u ote
Fireproofing Technician/Sampling
On-Site Testing(Compaction) $a 50 Thickness Evaluation/Adhesion 7212 Field Technician w/Nuclear Gauge $a 55 Fire Stop System Installation Inspection 2401 Reinforced Concrete Inspection $a 55 3410 Roofing Inspection $Q 60 Drilled-In-Anchors Material I.D.

Reinforcing Steel Placement Laydown
Reinforcing Steel Material ID Material Sampling Concrete Placement
Precast Plant Inspection 1815 Finishing Inspection $aY Gunite/Shotcrete Drywall Fastening
Prestressed/Post-Tension Electrical
Fiberwrap H.V.A.C.
3310 Batch Plant Inspection Plumbing
2402 Masonry Inspection $155 Fire Sprinkler
Waterproofing
Retaining Walls Ceramic Tile
Structural Walls Curtain Wall
Stair Shaft
Miscellaneous Finishing BY G�uzote
Veneer Radiography
Grouting Radiographic Technician
Repointing Level 11 with Helper&Field Film 2405 Steel Shop-Visual Inspection BY (�u ote Processing Equipment BY (1u ote Visual per hour
Material LID
Welder Qualification
WPS Review
2406 Steel NDT-Shop B (quote
Ultrasonic
Magnetic Particle
Dye Penetrant
2403 Steel Field-Visual Inspection $155
Field Welding&Bolting
Material ID
Welder Qualification Review
Weld Procedure Qualification
2404 Steel NDT-Field $Q 60
2310 Ultrasonic
2311 Magnetic Particle
2312 Dye Penetrant
3511 Waterproofing Inspection $160
Material I.D,Laydown,Sampling
Warranty Inspection
Exhibit 4 _ 1P3_

2 General Field Services
C IIr.)IIE COST C IIr.)IIE COST 4474 Film Adhesion $-I-10 4409 Dry Film Thickness Gage $65 ASTM D4541-Regulor Time, per hour perday
4475 5 Dry Film Thickness $-I-10 4416 Misc.Equipment Charge By Quote ASTM D6132 - Regulor Time, per hour 4419 Photostress BY Quote 3210 Adhesion/Cohesion Testing of Spray BY Quote perday Applied Fireproofing 4430 Vibration and Sound Monitoring BY Quote Regular Time, per hour perday
321 Q Firestopping Technician $I-10 4431 Concrete Air Meter,Pressure of $75 RegulorTime, per hour Volumetric
3310 Batch Plant Technician $-I-10 perday
Regulor Time, per hour 4436 Concrete Unit Weight Kit,scale, $75 3410 Roofin Technician $ I-10 bucket,plate,mallet,and rod Regular rTa per hour perday
35 10 Membrane Technician $-I-10 Regular Time,per hour 4437 2-inch cube brass embecco molds $75 351 -1 B � Quote ate each-per day
Roofing/We,per roofing Technician 92 p 7 Film Adhesion Equipment,Dollies and - 0100 Regular Time,per hour
3512 Pull Testing of Post Installed Anchors, $-I-10 Epoxy Technician perday
Regular Time,per hour 4467 Strain Gages BY Quote 3 6-10 Mixed Concrete,Technician $-I-10 4397 Fall Prevention Equipment $50 Regular Time,per hour,4-hour minimum perday
4420 Special Testing BY Quote 4398 Mobile Concrete Laboratory $500 3088 Structural Investigations of Existing BY Quote 2400 Ultrasonic Testing Equipment $50 Buildings perday
3096 Corrosion Survey t3y Quote
500 Phased Array Ultrasonic Testing By Quote
3097 Ground Penetrating Radar $p 80 Equipment
Per hour 2501 Hi-Rail UT Vehicle $9000 5-10-Q Mileage $ 80 includes two technicians-per day 3099 Equipment Del iveryand Stand by time $l100 2502 Hi-Rail UT Vehicle Mobilization By Quote Per hour 2503 Ultrasonic by Electromagnetic Induction 8-15 0 3061 Non-Destructive Testing BY Quote per hour 30 -1 Non-Destructive Testing,Phased Array By Quote *Note-all equiptment is required to be operated by one of our UT tained technicians/inspectors. Additional charges are applied for Field Equipment Charges Activity Cost our SE technical inspector's time. 4415 Skidmore $100 Concrete Coring Services ................................................................................................................................................. perday 3 7-1 0 Technician and Equipment Concrete $Q 50 4413 Torque Wrench $7 Pro (4 and 8 hour minimum)-per hour perday 3910 Coring for Overhead/Ceiling coring $185 4414 Multiplier $30 (4 hr. minimum) -per hour perday Miscellaneous Concrete Coring Prices:
4464 Pull Test Equipment(ram,pump,gage) $a 50 7345 Patching Slab on Grade Cored Holes $40 perday with 2500 psi Concrete Patch
4465 Dynamometer $75 each
perday "7348 Scaffolding �150
��
` Schmidt Hammer $75 perday
perday 7346 Thickness Determination $30
3097 Ground Penetrating Radar(GPR) $180 per ASTM C42 per hour(4-hr min) 7347 Compression Strength Determination $a 00 4814 Flatness Equiptment Charge $600
half day (Including sample preparation and
capping)
482 Flatness Equiptment Charge $p 200 each a
perday 7325 Travel Time, hour per travel time b $90 91-1 7 Field Hardness Equipment ��ik'5 p ( y perday quote for preva i I i ng wage projects) 7313 Mileage,per mile $.80
Exhibit 4 _ 1�4—

2 General Field Services (continued)
C IIr.)IIE COST C IIr.)IIE COST Asphalt Concrete Coring Services ....................................................................................................... 3710 Technician and Equipment Asphaltic $Q 50
Concrete Cores
(4 and 8 hour minimum)
Alternate Individual Core Prices
(all prices are for a four core minimumjob):
7022 Asphaltic Concrete Cores 2",3"and 4" 860
Diameter
(First 6"in depth)each
7029 Asphaltic Concrete Cores 6"and 8" $60
Diameter
(First 6"in depth)each
7030 Asphaltic Concrete Cores $25
per inch after 6"in depth)each
Miscellaneous Ashphaltic Coring Prices
7031 Patching of Core Drilled Holes Using $3.50 Cold Patch Material
each
7032 Thickness Determination $25
per ASTM C42-each
7033 Specific Gravity for Determination of $35
Percent Compaction
per ASTM D 2726-each
7034 Specific Gravity for Determination of $P"5
Percent Compaction
by paraffin-each
Exhibit 4 _ 1465_

H SH E�yF�
Q 3 Laboratory Services
9 0

AORATOR
C IIIYIF COST C011DIE COST
ProfessionalStaff ................................................................................................................................................................................... Outside Services ....................................................................................................................................................................................... 3011 Registered Professional Engineer, $215 4313 Concrete Core Cutting Cost 125°V,, Laboratory 4406 Materials Purchased BY Quote per hour 4416 Rental of Equipment Cost 120'Vo 3015 Staff Engineer $200 4417 Outside Laboratory By Quote per hour 9702
3012 Laboratory Supervisor,regular time $11 P�=r Outside Services Cost I ��;`ss� perhour Laboratory Hours ..................................................................................................................................................................................... 3013 Test Technicians--Laboratory $a a 0 5051 Off-hour Laboratory Operations $a,000 regular time-per hour per day
3014 Test Technicians--Away from Lab, $a a 0 5052 Holiday and Sunday Laboratory $Q,P=00 Regular Time-per hour Operations
3009 Field Testing-Training,regular time $a 0 perday per hour
2441 Submittal Review $21 Pro Laboratory hours are 7:00am-4:00pm,Monday through Friday. per hour Additional charges will be made for off-hours or weekend testing 2442 Steel Shop Management, $a a 5 g
per hour as follows:
2443 Level III Supervisor-ASNT $140 *Generally for Compression Testing of Concrete, Base Plate Grout, per hour Masonry Mortar and Grout,as well as Tension and Bend Testing of ExpertWitness Testimony ........................................................................................................................................... Reinforcing Steel. 4 603 Court Appearance, $420
per hour-four-hour minimum
9605 Preparation for Court,Consultations $320
per hour
Plus actual expenses when out-of-town
Administrative ................................................................................................................................................................................................ 4443 Administrative Support 7`%, hivoice
9110 *Report Charge $2.75
per report,per copy
9111 1 Final Report Charge BY Quote
4812 General Testing-Rush Charges 50%
SpecialTesting ................................................................................................................................................................................................ 5022 Miscellaneous Sample Pick-up $80
per hour
5023 Miscellaneous Pick-up $150
per trip minimum(within 40-mile radius)
5028 Miscellaneous Pick-up,per trip minimum $250
(more than 40-mile radius)
4406 Materials Purchased BY Quote
4408 Sample Preparation BY Quote
4422 Special Test Set-Up(2-techs+1 engineer $300
crew)
per hour
4420 Special Testing BY Quote
4425 Sample Disposal BY Quote
TravelExpenses .......................................................................................................................................................................................... 1103 Subsistence BY Quote
per day
1106 Travel Expense Cost 25
4456 Travel Time $90
per hour
P 101 Mileage $.80
per mile
Exhibit 4 _ 1�6 _

j 4 Aggregate
111)1ii„, cos„r 111)1ii„, cos
7000 Absorption,Coarse, $45 702 Q Unconfined Compression Test of Intact 70 ASTM C 127-each Rock
7001 Absorption,Fine $P"5 ASTM D2938-each ASTM C 128-each 7017 Unit Weight,ASTM C 29,(No Air Void 70 7557 Hardness Test BY Quote Determination)
ASTM D 1865-each each
4132 In Lab Rock Coring and Cutting BY Quote 7035 Unit Weight and Air Void Determination $200 7037 Loss On Ignition $ Q 00 -Coarse Aggregates up to 1", ASTM C25 ASTM C 29-each
7010 Percent Flat/Elongated $200 703 Unit Weight and Air Void Determination $200 CRD C 119,ASTM D 4791-each
"7= -18 Plate BearingTest B � Quote ote - TM C29 each � � ASTM C 29-each
ASTM D 1195,D 1196 7053 Unit Weight only-Coarse Aggregates up $Q 25 7024 Petrographic Analysis of Aggregate for By Quote to 2%", Concrete ASTM C 29-each
ASTM C295-each 7054 Unit Weight and Air Void Determination $225 75 5 Q Potential Alkali-Silica Reactivity of $350 -Coarse Aggregates up to 2%", Aggregate for Concrete ASTM C 29-each
ASTM C 289,Chemical Method-each
"7ProProw.w Conformity ................................................................................................................................................................................................................ � Potential Alkali Reactivity of Aggregate By Quote for Concrete, 7 a 0 a Clay Lumps/Friable Particles, $80 ASTM C 1260,Mortar-Bar Method-each ASTM C 142-each 7565 Potential Alkali Reactivity of BY Quote 7055 Cleanness Value,Calif.227, 2%"x 1 Y2" $225 Carbonate Rocks for Concrete, each
ASTM C 586,Rock Cylinder Method-each 705 Cleanness Value,Calif.227, 1 Y2"x 1" $Q 50 7012 Sodium soundness-Fine,5 cycles $220 each
ASTM C 88-each 7004 Cleanness Value,Calif.227,up to 1" $Q 25 7046 Sodium soundness-Fine,5 cycles,with 8295 each sample preparation 7005 Durability Index,Calif.229,Coarse, $Q"70 ASTM C 88-each Method A(Dc)retained#4
7047 Sodium soundness-Coarse,5 cycles $230 each ASTM C 88-each 700 Durability Index,Calif.229,Coarse, $a 65 7050 Sodium soundness-Coarse,5 cycles, $280 Method C and D (Df)fine with sample preparation each
ASTM C 88-each 7059 Durability Index,Calif.229,Method B $Q"75 7048 Magnesium soundness- Fine,5 cycles, $235 Dc Mod.Lightweight agg ASTM C 88-each each
7049 Magnesium soundness-Coarse,5 cycles $2 70 7008 Los Angeles Rattler,up to11h" $Q"70 ASTM C 88-each ASTM C 131-each
7013 Specific Gravity,Bulk SSD,Coarse up to $70 "7009 Los Angeles Rattler,up to 2%" �i235 1172„ ASTM C 535-each
ASTM C 127-each 705 7 Los Angeles Rattler,up tol%"with $200 705 Q Specific Gravity,Bulk SSD,Coarse up to $I Q 0 sample preparation 2172„ ASTM C 131-each
ASTM C 127-each 7058 Los Angeles Rattler,up to 2%"with $235 7052 Specific Gravity,Bulk SSD,Coarse up to 8 1 75 sample preparation 2%",Complete ASTM C 535-each
ASTM C 127-each 7007 Lightweight Aggregate,Coarse, $850 } 7014 Specific Gravity,Bulk SSD,Fine $80 ASTM C 123-each ASTM C 128-each 8514 Lightweight Aggregate,Fine $700 } 7045 Specific Gravity,Bulk SSD,Coarse, $Q 25 ASTM C 123-each Complete 71 Q 5 Organic Impurities $50 ASTM C 127-each ASTM C40
7060 Specific Gravity,Bulk SSD,Fine, $-135 8516 k! Sand Equivalent(Average of 3) $90 Complete Calif.217
ASTM C 128-each each
Exhibit 4 _ 16 7—

j 4 Aggregate (continued)
111)1ii„, cos„r 111)1ii„, Cos
7123 Sand Equivalent(Average of 3) $90
ASTM D 2419-each
7015 Sieve Analysis,Coarse,136,Cal Test $125
202 each up to 1%"
ASTM C
7039 Sieve Analysis,Coarse,136,Cal Test $200
202 each greater that 1%".

ASTM C
7016 Sieve Analysis,Fine,Cal Test 202 $a a 0
ASTM C 136-each
7549 Sieve Analysis,Fine and Coarse $210
Combined up to 1%",Cal Test 202
ASTM C 136-each
7553 Staining Materials $300 }-
ASTM C 641-each
A Rush Charge of 100%for same-day results
apply to the following tests:

ASTM C29
(Unit Weight only)
Exhibit 4 _ 1�8_

Asphalt Concrete
II IIE COST II IIE COST
41-Q"7 Aggregate Correction for Ignition Oven �i50
each
41-12 Asphalt Core Density $35
each
41-Q 8 Centrifuge Kerosene Equivalent $-Q 50
41-19 Complete Asphalt Concrete Mix Design By Qu ol.e 41-Q 0 Extraction,%Asphalt(Method A,B,or 75
C)or Calif.310.Excluding Ash
Correction
ASTM D 2172 -each
41 Q Q Extraction,%Asphalt,Ignition Oven $Q 00 each
4108 Gradation on Extracted Sample $-Q 00
(Including Wash)Calif.202
each
MaximumDensity ................................................................................................................................................................................ 4104 Hveem,Lab-mixed-Calif.366 $ Q"75
each
4105 Hveem,Pre-mixed-Calif.366 $-135
each
4106 Marshall,4-Inch Lab-mixed $-Q"75
ASTM D 155 9-each
4107 Marshall,4-Inch Pre-mixed $-125
ASTM D 155 9-each
4122 Marshall,6-Inch Lab-mixed $300
ASTM D 5581 -each
4123 Marshall,6-Inch Pre-mixed- $250
ASTM D 5581-each
4120 Maximum Theoretical Unit Weight $-Q"75
(Rice Gravity)
ASTM 2041-each
7019 Moisture Content of Asphalt,CT382 $35
41-Q 3 Moisture Vapor Susceptibility $200
4109 Penetration ASTM D 5 $60
each
StabilityTests ..................................................................................................................................................................................................... 4-1 00 Hveem,Lab-mixed-Calif.304 $250
each
4-1 0-Q Hveem,Pre-mixed-Calif.304 $200
each
4102 Marshall,4-Inch Lab-mixed $250
ASTM D 155 9-each
4103 Marshall,4-Inch Pre-mixed $200
ASTM D 1559- each
4124 Marshall,6-Inch Lab-mixed $250
ASTM D 5581-each
4125 Marshall,6-Inch Pre-mixed $200
ASTM D 5581-each
41 4-1 Non-Destructive Pavement By Quote
Deflection Testing using Benkelman
Beam
Exhibit 4 _ rg_

1 6 Calibration Verification services
COIIr.)IIE COST COIIr.)IIE COST Calibration Verification of Skidmore-Wilhelm Device&
TorqueWrench ............................................................................................................................................................................................. 4403 Calibration of Skidmore-Wilhelm Device $250
In Lab-up to 110,000 Ibs
4126 Calibration of Skidmore-Wilhelm Device 8300
In Lab-up to 115,000 to 200,000 Ibs
4404 Calibration of Torque Wrench by $250
Skidmore-Wilhelm Device
each bolt size(3 required)
Calibration Verification of Hydraulic lacks .
4450 Up to 50-tons $2 75
445-Q. 51 to 74-tons $300
4452 75 to 99-tons $325
4453 100 to 199-tons $400
4454 200 to 299-tons $400
4466 300 to 500-tons $650
4455 Custom Systems BY Quote
Note:Extra-handling charges will be made on any ram or pump too heavy or bulky for one man to lift.

Calibration Verification Of Measuring Device ................................................ 4497 Calibration of Linear Measuring Device Thy Quote each
4498 Calibration of Temperature Measuring By Quote Device
each
4499 Calibration of Mass Measuring Device By Quote each
4483 Calibration of Force Measuring Device By Quote each
4484 Calibration of Pressure Measuring BY Quote
Device
each
4485 Calibration of Miscellaneous Measuring By Quote Device
each
4486 Calibration of Infrared Temperature Gun $225
each
4487 Calibration of Amp Measuring Device $225
each
4888 Calibration of Torque Wrench $250
(0 to 250 ft-Ibs)each
4127 Calibration of Torque Wrench $300
(0 to 251 to 600 ft-Ibs)each
4128 Calibration of Pressure Gage $250
(0 to 600 psi)-each
4129 Calibration of Pressure Gage $350
(601 to 5000 psi)-each
Exhibit 4 _ vo_

7 Ceramic Tile & Stone
C IIr.)IIE COST C IIr.)IIE COST Minimum Charge of$375 for any Tile Testing Service Apply 4916 Modulus of Rupture,Ceramic 8425 Laboratory Ceramic,Porcelain,and Clay Tile Testing .......................................... ASTM C133- (5 required)85.00 each 4920 Impact $315
3013 Lab Technician $-I-10 ASTM C368-(10 required)-per set perhour 4984 Impact,(LA S-601-3), *Modified $440 Dimensional ......................... ASTM D2444-(5 required)perset 4900 Thickness,5.50 (ANSI requires 80) $500 `924 Tensile Tests in Laboratory,CTI $3 75 { ASTM C499-each 4928 Veneer Bond Strength,2-required $3 75 { 4901 Facial Dim,5.50 $500 ASTM C482 Modified (ANSI requires 80ASTM C499)-each 4925 Shear Tests,(Grout/Thin Set Evaluation; $350 4902 Warpage,7.31(80 required) $585 Tile to Tile) ASTM C485-each 5 minimum ANSI
4903 Wedging,7.31 $585 4926 Shear Tests,(Material Shear) $350 (80 required)ASTM C502-each 5 minimum ANSI
�4 3
�r�� Water Immersion Processor for e�<�Pr
Friction .................................................................................................................................................................................................................................. "7 g � 0 4904 Static Coefficient of Friction(3)(Not $440 Shear Tests,5 minimum ANSI Modified)(*Withdrawn ASTM) 4932 Oven Processing for Shear Tests,5 $350 ASTM C1028-per set minimum ANSI
4934 Coefficient of Friction(3)(Modified) $440 4933 Low Temperature Processing for $350 (*Withdrawn ASTM) Shear Tests,5 minimum ANSI
ASTM C1028-per set 4965 Bond Strength(Glass tile 4 dry 4 wet, $520 4935 Dynamic Coefficient of Friction(3) $440 28 Days) (Ceramic Only)ANSI A137.1 ANSI A 137.2-65.00 each
per set Performance
......................................................................................................................................................................................................... 1960 Dynamic Coefficient of Friction(5)(all 8440
except Ceramic)ANSI B101.3 4`�0�� Abrasive Wear Index �i42�Y per set ASTM C501(4 required) 100.00 each
................................................................................................................................................................................................................................ 1909 Crazing $7P�0
Physical
(5 cycles)ASTM C424
4905 Water Absorption $395 4910 (Per ANSI Crazing Requirement) $365 ASTM C373-(5 required)$65.00 each ANSI/ASTM C126 per set(65 samples) 4936 Initial Rate of Absorption $235 4938 Glaze Adhesion(modified ASTM) $90 ASTM C373-(5 required)47.00 each ASTM D4541-each
1911 Thermal Shock $365 4912 Color Uniformity $1,200 { ASTM C609
ASTM C484(5 required)per set 4913 Chemical Resistance(qualitative $365 4923 Mohs Hardness(5 required) $1 75 Only 10%HCL and KOH) per set ASTM C6501 C126
4980 Length Change-Modified $900 4961 Chemical Resistance(above+Swim $535 ASTM C157-(3 required)per set Pool Chem)
Strength(ANSI A137.1) ............................................................................°°°°°°°..................................................................... ASTM C6501 C126 4906 Bond Strength,(shear test) $460 4962 Chemical Resistance(Extended $1,800 ASTM C482(5 required)$92.00 each ASTM Version) 6
4907 Breaking Strength,30.00 (10 required) $285 5 ASTM C648 -each 49k! Glaze Permeability,(Ink Coating $-�8P.ro 4981 Breaking Load Strength- Flex or Center $300 Inspection) ASTM C67
point(5 required)ASTM C293-per set 4914 Freeze-Thaw Resistance(10)50 cycles 82,995 per set ASTM C1026
4937 Compressive Strength,Modified with $100 4915 Additional cycles,per cycle/tile $65 Cutting 4985 Freeze Thaw(10)50 cycles) $2,250 ASTM C67-each 2-3 months,per set ASTM C67
4982 Compressive Strength Test,*Modified 84 d 5 4917 Moisture Expansion,(5 required) $630 ASTM C42- (5 required)per set ASTM C370*Modified 4983 Flexural Strength Test*Mod ified $365 4921 C.T.I.Stain Resistance $158 ASTM C674- (5 required) per set
(8 required)Set CTI T72
Exhibit 4

7 Ceramic Tile & Stone (continued)
C IIr.)IIE COST C IIIDIIE COST 4930 Autoclave(3 required), CTI $350 4802 Modulus/Rupture(*20 required) $1,060 each per set ASTM C 9 9
Minimum Charge of$375 for any Tile Testing Service Apply *20 Samples tested as follows:
4939 Imperviousness Test 1890 5 Samples tested Wet,Parallel to the grain ASTM C126-each 5 Samples tested Wet,Perpendicular to the grain 4952 Water Absorption and Saturation $450 5 Samples tested Dry,Parallel to the grain Coefficient 5 Samples tested Dry,Perpendicular to the grain per set 90.00 each(5 required),ASTM C67 4804 Water Absorption and Density,(5 $395 4986 Abrasion Test&Skid Coeff.(LA $990 required) 5-601-3) ASTM C971 C672-per set
set ASTM C2486 and c 1028-4pcs 4810 Abrasion Resistance,(3 required) $460 4987 Abrasion Test only.(LA 5-601-3) $660 ASTM C1353-per set ASTM C2486- 2pcs-set 481 -1 Anchor Pull Test(No deflection $-135 measurement)
Floor Systems and Components ...................................................................................................................... ASTM C1354-each Floor Installation Performance Level,Robinsons Floor 4819 Anchor Pull Test(With deflection $235 Test ASTM C627-76: measurement)
4918 First Panel-- Not Including Tile or $Q,890 ASTM C1354-each Installation 4818 Soundness Test, (5 samples required) $4 70 4919 Second or More on Same Purchase $1,260 ASTM C88 Order
per set
4817 Breaking Load,(5 samples required) $350
Miscellaneous ................................................................................................................................................................................................... ASTM C67-per set 4956 Ceramic Tile Material Purchase CTI BY Quote Field Testing ASTM C482 ................................................................................................................................................ 4929 Ceramic Tile Miscellaneous CTI By Quote 3014 Field Technician $-105 MortarTesting ................................................................................................................................................................................................. perhour per mile
4940 Mortar ANSI Test ANSI �i2,200 -Q 0-Q Ceramic Tile Technician Mileage .80 ...{�� r
4944 Mortar Compression Test ih,iPro ASTM C109-each 5019 Pick-up Sample-within 40-mile radius $k'5 4945 Mortar Miscellaneous Test CTI BY Quote from Laboratory, per hour
4941 Mortar Skinning Test, CTI 1 5
each 495 7 Field Slip Resistance Test,ASTM C1028, $750 4942 Mortar Initial Setting Time,CTI $80 first test (*Withdrawn Standard) each ASTM C1028
4943 Mortar Drop-off Test,CTI BY Quote 4958 Field Slip Resistance Test,ASTM C1028, $440 each additional test in same area
...................................................................................................................................................................................................... each ASTM 1028
Grout Testing
4970 Dynamic Coefficient of Friction $750
4950 Grout ANSI Test ANSI BY Quote
(installed floor)
4953 Grout Drop-off Test CTI BY Quote first test ANSI B101.3 4955 Grout Miscellaneous Test CTI BY Quote 4964 Dynamic Coefficient of Friction $440 4951 Grout Skinning Test,CTI $I-Q 5 (installed floor),additional test in same each
area
4954 Grout Compression-2"cubes $65 ANSI B101.3 each C1019-each 4971 Dynamic Coefficient of Friction(ceramic $750 Dimension Stone/Building Stone Testing only installed)first test 4800 Compression Test,(*20 required), $a,060 ANSIA137.1 ASTM C170 4966 Dynamic Coefficient of Friction(ceramic $440 perset only installed)add test in same area 4801 Flex Strength,Cut Samples(*20 $Q,060 ANSI A137.1 each required),ASTM C880 4959 Field Veneer Bond Strength $1,800 { per set ASTM C482
4931 Flex Strength,Full Size Samples(*20 $3660
required), (max 40lbs/sample)
ASTM C880-per set
Exhibit 4 _ 17? _

8 Concrete
II IIE COST II IIE COST
4300 Compression Test sample prep.and cap, $45 4308 Additional Reading $75 6"x 12"cylinders,including untested per set of 3 bars holds 4302 Storage over 90 days $75
ASTM C 39-each per set of 3 bars,per month 4329 Compression Test sample prep.and cap, $45 5020 Trans.and Processing/Deliver $60 4"x 8"cylinders,including untested holds Shrinkage Molds/Samples-within ASTM C 39-each 40-mile radius from Laboratory 4308 Weight per cubic foot of lightweight $100 per set concretecylinders Mix Design ................................................................................................................................................................................................................ each 9500 Mix Design,Determination of $250 4304 Flexure Test,6"x 6"beams, $ Q 25 Proportions ASTM C 78-each
430Pro S littin Tensile,6"x 12"cylinders �i=100 (3 Business Day Turn Around)each ASTM C496-each yPro0Pro Mix Design,Determination off 4306 Modulus of Elasticity Test-Static $2 75 Proportions ASTM C 469(includes comp.and Unit (Next day turnround)each weight)each 9501 Mix Design,Determination of $350 4228 Thermal Expansion of Concrete $600 Proportions AASHTO T336 each (Same Day Turn Service)each
502 Preparation of Special Strength $350
4227 Unit Weight,Absorption,and Voids in $350 Documentation for Mix Design Hardened Concrete per hour
ASTM C642-each 9503 Amend or Retype Existing Smith-Emery $200 4311 Compression Test,2"-4"-6' Cores, $a 25
Including sample preparation and capping Mix Designs ASTM C 42-each (not involving calculations)each 4312 In Laboratory Core Cutting $70 `��°0 1 Review Mix Design prepared by Others ��220 per hour
each
5000 Pickup&Processing Cylinders $20 Labratory Trial Batch ...................................................................................................................................................................... 6:30 a.m.to 4:00 p.m.,Monday-Friday(per 4309 Laboratory Trial Batch,(includes slump, $900 sample) %air,unit weight,and up to 7-cylinders 5001 Pickup&Processing Cylinders $35 ASTM C 192-each Before 6:30 am and after 4:00 pm& 4310 Laboratory Trial Batch,(including the $I,Q 00 Saturday items above and shrinkage
5002 Pickup&Processing $40 ASTM C 192-each
Sunday&Holidays(per sample) 4315 Sampling Material for Laboratory Trial 8200 5003 *Minimum Pick-up Charge $200 Batches
5021 Trans.and Processing of Flexural Test $45 per hour Beams-within 40-mile radius from Guinite&Shotcrete ......................................................................................................................................................................... eaaboratory ch 4314 Compression,2",4",6"Cores,including, $Q 25 ForensicTesting ......................................................................................................................................................................................... preparation,capping,and trimming ASTM C 42 each
4319 Petrographic Examination $2,800 501 Trans.and Processing Shotcrete $25 ASTM C856
4459 Moisture Vapor Transmission,Calcium $25 Cores-within 40-mile radius from Chloride Moisture Kit Laboratory
Per Location ASTM F1869 5017 Trans.and Processing Gunite Field $60 4457 Inplace Moisture Content $75 Sample(within 40-mile radius from 4489 Corrosion Potential,Half Cell $P=00 } Laboratory) less 12x12x6-in.

ASTM C876 each
4301 Pulse Velocity,ASTM C597 13� Quote 5018 Trans.and Processing Gunite Field $100 4473 Cement Analysis $800 { Sample(within 40-mile radius from ASTM C114-each Laboratory)up to 12x12x12.

Shrinkage ..................................................................................................................................................................................................................... each 4307 Length Change(3 bars,4 readings,up $400
to 90 days),Modified
ASTM C 157
Exhibit 4

8 Concrete (continued)
111)111„, cos„r 111)111„, cos„r 5028 Trans.and Processing Gunite Field $250
Sample(within 40-mile radius from
Laboratory)2-feet square min.
each
5027 AC1 506.2 Core Grading $1 75
per core
Lightweight Roof Fill ASTM C495
4380 Compression Test including capping, $100
and preparation,
each
4381 Density $a 00
each
4382 Cell-Crete 7-days and 14-days report $75
Exhibit 4

`I 9 Construction Materials
C IIr.)IIE COST C IIr.)IIE COST Roofing Tile
432 Q Flexural Strength with M.O.E. $8 70
6 required-$145.00 each
7ti� Y Absorption ' ' °each 4322 Density,3 required $Q 50 $50.00 each
70=� Additional/Special Tests t3 Quote ote 4323 Tensile Strength,3 required $225 4 702 Breaking Strength per U.B.C. $65 $75.00 each each 4324 Shear Strength,3 required 8225 Slate ............................................................................................................................................................................................................................................ $75.00each 4805 Modulus of Elasticity,3 parallel,3 8 5 4 0 Fiber Wrap ................................................................................................................................................................................................................ perpendicular 4326 Tensile Strength,panel (12"x12"),5 $875 ASTM C120-$90each samples(1 X 10-in)
4806 Modulus of Rupture,3 parallel,3 $540 ASTM D 30391-$170.00each perpendicular Saturation Resin for Fiber Composite ASTM C120-$90 each
4807 Water Absorption,3 parallel,3 $240 4340 Water Absorption $250 perpendicular ASTM D570
ASTM C121 - $40 each 4341 Compressive Yield Strength 8 650 4808 Weathering,3-samples 83-10 ASTM D695
ASTM C217- $90 each `342 Flexural Strength,ASTM D790 8 750 343 Shore Hardness,ASTM D2240 ��`2�50
WireRope ..................................................................................................................................................................................................................... p7� 4344 Tensile Strength and Elongation 8 750
4426 Wire Rope 0 through 1"diameter $250 ASTM D638 each 4345 Evaluation By Quote
4427 Wire Rope 1 through 2"diameter $350 per MWD RF4 704 each Structual Lumbar
each p { 44"70 Flexure �,..�Qu otu�.... 4428 Wire Rope over 2' diameter $4 0
Note:Sockets furnished by client ASTM D198
4471 Compression By Quote
Epoxy-Cores&Coring .......................................................................................................................................................... ASTM D198 3 710 Field Coring Technician and standard $150 4472 Tension By Quote equipment ASTM D198
perhour 4478 Torsion By Quote
4318 Shear Test on Epoxied Cores $125 ASTM D198
each 447 6 Shear By Quote
4346 Epoxied Cores Visual Inspection $a 25 ASTM D198 each Specialty Grout ............................................... 4316 Compression Test,Cylinders $125 4395 Rapid-Hardening Grout By Quote each ASTM C928
4317 Compression Test,Cores $125 4396 Non-Shrink Grout By Quote each ASTM C1107
5026 Pick-up Epoxy Cylinders-within 40-mile $30 4490 Time of Setting $250 radius from Laboratory ASTM C266-each
per sample 4491 Sulfate Expansion $700 FireproofingTests ................................................................................................................................................................................. ASTM C1012-each 4350 Oven Dry Density $125 `492 Flexural Strength $600 { per sample ASTM C348-each
4351 Adhesion/Cohesion Testing $100 `493 Consistence(Cone Test) $250 per hour,4-hour minimum ASTM C939-each
5014 Pick-up Fireproofing $25 `1`94 Bleeding $700 { Samples-within 40-mile radius ASTM C940-each
4495 Total Chloride Ions By Quote
from Laboratory ASTM C1152-each
per sample
4496 Permeability By Quote
Glass Fiber Reinforced Concrete . ASTM C1202-each 4320 Flexural Strength,without M.O.E. $2 70 4550 Standard Specification for Mortar for $700 } (6 required)$45.00each Unit Masonry
ASTM C270
Exhibit 4 _ 1775 —

`I 9 Construction Materials (continued)
111)111„, cos„r 111)111„, cos
455 Q Potential Alkali-Silica Reactivity by $700 }
Mortar Bar Method
ASTM C1260
4552 Potential Alkali-Silica Reactivity by $700 { Accelerated Mortar Bar Method
C1567
4553 Standard Specification for Plastic BY Quote
(Stucco)Cement
4554 Standard Specification for BY Quote
Non-Asbestos Fiber Mat Reinforced
Cement Substrate Sheets
Exhibit 4

I H'EM
yQ F, Test Bays Height(ft) Width(ft) 10 Curtain Wall Mock-Up Performance Testing-Test 1 100 35 Bays Available in the Following Sizes: 1 45 75
(Los An1gel e,S & San Francisco) 5 34 20o) Custom Test Bay Sizes Available by Quote. 1 30 10 1 20 20
II IIE COST COIDIE COST
Inspection&Testing ...................................................................................................................................................................... Air and Water ..................................................................................................................................................................................................... p g
3019 Lab Tech Away from Lab $-125 �102 Static Water Infiltration(Field) $250 3019 Special Curtain Wall Evaluation $-125 ASTM E 331/1105 perhour 8 150 Static Water Infiltration(Lab) $450 3019 Curtain Wall Attachment $125 ASTM E 331/1105 perhour �104 Static Air Infiltration(Field) $250 3019 Exterior Skin from Swing Stage $250 ASTM E 2831783 (2 men)per hour 8151 Static Water Infiltration(Lab) $850 3019 Caulking,Sealants,Adhesives $125 ASTM E 2831783 perhour �103 Dynamic Water Infiltration $1,800 3019 Coatings,Paint $1 75 8 105 Water Penetration By Cyclic Air $250 perhour Pressure(Field)
FieldTesting ........................................................................................................................................................................................................... ASTM E547IE1105 81-a 3 Field Water Test $250� � 8 152 Water Penetration By Cyclic Air $450 Pressure(Lab)
AAMA 501.2,(2 men)per hour ASTM 254 71E1 105
81-14 Field Testing of Newly Installed $250 8 125 Pressure Equalized Rain Screen(Field) 250 Fenestration System Products AAMA 508
AAMA 502 8153 Pressure Equalized Rain Screen(Lab) $450 81-Q 5 Field Testing of Newly Installed $250 AAMA 508 Storefronts,Curtain Walls,and Sloped 8154 Electronic Leak Detection $a"75 Glazing Systems ASTM D 8231,Per Hour
AAMA 503 8155 Electronic Leak Detection $a 00 81-1 k! Field Testing of Masonry Walls, $250 Equipment Charge-Per Day ASTMC1601 Structural ......................................................................................................................................................................................................................... �133 Field Posi Test $-1 75 �122 Seismic Structural Loading $1,000 ASTM E1186
8134 Adhesion Testing SSG $-175 8106 Structural Performance $P=00 ASTM C1401 ASTM E 330
1 P� Adhesion Testing P�� i��-�26 Seismic and Wind Induced Interstory $1,000 ASTM C1521 Drift
8136 Water Penetration of Masonry $250 AAMA 501.4 ASTM C1601 8127 Seismic Drift Causing Glass Fallout $a 5,000 8137 Evaluating Water Leakage in Buildings By Quote AAMA 501.6 ASTM E2128 8128 Vertical Interstory Movements $a,000 8138 Portable Adhesion Testing of Coatings By Quote AAMA 501.7 ASTM D4541 8129 Impact and Cycling Testing $a,000 AAMA 506
8139 Field Dynamic Water Penetration try C uacute AAMA501.1 8-10 9 Concentrated Load Testing $500 (window washer,etc.)
MaterialsEvaluation ....................................................................................................................................................................... 8156 Missle Impact Test $5000 81-12 Glass,Granite,Metal Cladding, BY Quote ASTM E 1886/1996 Caulking,Paint Coatings Adhesive Bond, Thermal ...............................................................................................................................................................................................................................

Chemical Analysis 81-10 AAMAThermal Testing BY Quote 81 23 Point Load Testing on Structurally BY Quote �130 Thermal Performance Test By Quote Glazed Glass AAMA 1503
ASTM STP1286 8 p 3-1 Thermal Cycling of Exterior Walls $85 00 8124 Lab Testing of Masonry Walls By Quote AAMA 501.5 ASTM E514 4948 Pressure BY Quote
81-Q -Q Stress and Rupture-Stone and Granite By Quote Hurricaine .................................................................................................................................................................................................................... 8140 Water Testing Leakage Through Masonry By Qu ote
ASTM E514 81 32 Impact Cannon Testing By Quote ASTM E19961E1886
Exhibit 4 _ JT7 _

10 Curtain Wall (continued)
C IIr.)IIE COST C IIr.)IIE COST Multi-Channel Computer Aided Data Acquisition of:
4946 Acceleration BY Quote
4430 Vibration BY Quote
4947 Movements(0.0001 inch) BY Quote
4468 Machine Control Movement BY Quote
4469 Temperature B Y Quote
4418 Strain Gauge BY Quote
4949 Stress Analysis B Y Quote
4439 Cyclic Seismic Testing of Components BY Quote of Steel Structures
ATC-24,FEMA 350, FEMA 450
Exhibit 4 _ �7/8 _

W" 11 Masonry
COENIE COST COENIE COST
Brick ASTM C 67 ................................................................................................................................................................................... Mason Prisms ASTM C 1314 ........................................................................................................................

Masonry
4200 Compressive Strength including sample $125 4218 Compression Test, 8"x16"Grouted $225 preparation and capping Prisms including trimming and capping Each 4225 Compression Test, 12"x24"Grouted $3 75 4201 Modulus of Rupture(flexure)including $Q 25 Prisms including trimming and capping sampling preparation each
Each 4226 Compression Test, 16"x32"Grouted $7"75 4217 Flexural Bond Strength $300 Prisms including trimming and capping 4205 One set of five joints $50 4223 Compression Test with MOE,Grouted $625 4202 Dimensions,overall,coring,shell and $50 Prisms web thickness 4224 Unit Weight,Grouted Prisms $a 00 per brick Each
4203 Coefficient of Friction(slip test) $185 4219 Cutting Prisms,when required(Solid) 8130 Each 4230 Cutting Prisms,when required(Not Solid),8 a 00 4204 Initial Rate of Absorption, $45 4208 Cores,Compression,6"and 8"Diameter $125 each each
4205 Absorption-5 hour or 24 hour $150 4209 Cores,Shear,6"and 8"Diameter,2 Faces $1"75 Set Of Tee per core
4206 Boil, 1,2 or 5 hour $250 4347 Pick-up Prisms 12x8x16 and $75 Set Of Three 16x16x16-n-within a 40-mile radius of 4207 Efflorescence $Q 50 laboratory
Each Each
4222 Freeze Thaw(8x8,4x4),5 samples,50 $1,500 5013 Pick-up Prisms 8x8x16-in-within a $60 cycles 40-mile radius of laboratory
5009 Pick-up Brick Samples $20 Each
Each Mortar&Grout UBC Sandard 21-16&21-18 .

Solid Concrete Interlocking Paving Units ASTM C 936 4214 Compression,2"x 4"Masonry Mortar $100 4232 Compressive Strength including sample $Q 25 Cylinder including trimming and capping Each
Eaeharation 4215 Compression,2"Grout Cubes,including $a 00 `233 Unit Weight $125 sample preparation and capping each ASTM C 109-Each
23 a Compression,non-standard Grout Cubes,8 a 00
Concrete Block ASTM C 140 Modified 109 including sample prep./cap 4210 Compression,including sample trimming $2 70 ASTM C 109-each preparation and capping 4216 Compression,3"x 6"Masonry Grout $100 3 required, $75.00 each including sample preparation and capping 4211 Moisture Content as Received $90 each Each 5011 Transportation and processing Mortar $25 4211 Absorption $270 Samples-inside 40mi radius of laboratory 3 required-$75 Each each
4213 Shrinkage,Modified British 8525 5012 Transportation and processing Grout dl25 ASTM C 426,3 required-$150.00 each Samples-inside 40mi radius of laboratory 4229 Coupon Cutting $50 each
Each PDCd_ 5 Transportation and processing Grout $25 4221 Compression,4"-6"-8"Cores including $125
Cubes-inside 40mi radius of laboratory
sample preparation and capping each
Each
4220 CompleteC140 $1,300 Un-Reinforced Masonry Building Tests . 51 1 0 Transportation and processing Block $25 4089 In-Place Shear(Push)Tests 13�Quote Samples-inside 40mi radius of laboratory 4815 15 Degree Core Shear Tests Quote each 4827 Flat Jack Testing 131.Quote 4816 Wall Anchors 13�Quote
Exhibit 4

H SH EyF�
12 Metallurgical
9 0

AORATOR
C IIDIIF COST C IDIE COST
6933 Metallurgical Engineer $225 Mechanical Testing perhour (i900 Bend Test Ba.s.e...m.ate.r.i.a.��.........................................................................��.ti-�....��..�...��.��.�.�...... 6919 Metallurgical Technician $ 25
per hour 6907 Load Tests(Proof Load,Flexural, By Quote Metallurgical
IluS �� Stress-corrosion,etc.)
6902 Test CVN at 75-F $�
6934 Tensile Test-With Electronic $100
(Set of 3 specimens) Extensometer,excludes sample 6903 Test CVN at 70OF $220 cutting and specimen preparation (Set of 3 specimens) each
k! 97(!i Test CVN at 40OF $240 6939 Tensile Test-Square or Round Tube,Full 8265 (Set of 3 specimens) size with plugs
697 7 Test CVN at 30OF $240 up to 2.00-in.OD-each (Set of 3 specimens) 695 7 Talbot Test-Sample preparation and test,8250 k! 978 Test CVN at 0°F $290 per specimen
(Set of 3 specimens) Fastener Testing
ki801 Test CVN at 10OF $240 6948 Tensile Test-Anchor Bolts,Studs or $1 75 (Set of 3 specimens)
(l 9"79 Test CVN at-20OF $31 5 Threaded Rods under 100,000 Ibf, (Set of 3 specimens) tested full-size
6904 Galvanized Coating-Acid Strip Method 8200 each per specimen of plate,and wire 6958 Tensile Test-Anchor Bolts,Studs or $195 k! 91 2 Stucco Netting,ICC Evaluation BY Quote Threaded Rods 100,000-120,000 Ibf, per roll tested full-size
6905 Hardness Tests Brinell,Rockwell $-(-10 each (Standard or Superficial),excluding 6959 Tensile Test-Anchor Bolts,Studs or $195 specimen preparation if required Threaded Rods up to 1.0-in diam.by 6920 Chemical Analysis- Ferrous Material $ 85 machined specimens of solid piece each
each 6013 Tensile Test-Anchor Bolts,Studs or $2 0 6012 Chemical Analysis- Ferrous Material By Quote Threaded Rods,1.0-2.Oin diam.by of filings machined specimens
each each
6980 Chemical Analysis- Non-Ferrous By Quote 6014 Tensile Test-Anchor Bolts,Studs or $235 Material of solid piece Threaded Rods over 2.0-in diam.by each machined specimens
6981 Chemical Analysis- Non-Ferrous By Quote each Material of filings 6949 Nut- Hardness and Proof Load test $42 each under 100,000 Ibf-each
6943 Evaluate Carbon Equivalent(C.E), $-195 6960 Nut- Hardness and Proof Load test $55 each to include chemical analysis of 100,000- 120,000lbf-each 6015 Nut- Hardness In Core Method in lieu 8-12 0
solid piece of proof Load test
ki�Y=�_1 Evaluate Carbon Equivalent(C.E), 13� Quote of 120,OOO1bf-each
each to include chemical analysis of 6950 Washer- Not Galvanized- Hardness $30 filings each
6017 Microhardness Survey,(includes 13� Quote 6961 Nut Cone Proof Load Test By Quote metallurgical mount&preparation) each
each Fastener Testing Continued Activity Cost ........................................................................ 6913 3 Scanning Electron Microscopy(SEM),and$$70 6951 A325 or A490- Bolt hardness only $-105 EDS, each
per Hour(min 1 hr) 6592 Bolt A325 or A490-Wedge Tensile, $-100 6915 Scanning Electron Photomicrographs $8.50 and Hardness each(5"x4") each
61-12 Laboratory NDTTesting(UT,MT,PT) BY Quote 6802 Bolt A325 or A490-Wedge Tensile up $-150 5-10-1 Mileagge 's ` �
per mrl"e to 1-1/8-in diameter,and Hardness
4443 Administrative Surcharge ;% 01'lm;ice each Exhibit 4 9P9 —

12 Metallurgical (continued)
II IIE COST COIIDIIE COST
�i8 10 F593C SS Screws(Tensile,Proof $200 6 a a 4 Welded Rebar Transverse Tensile Test,# a 55 Laud,Hardness) 8 thru#10
681 t F594C SS Nuts(Hardness+ $200 { 696 Welded Rebar Transverse Tensile Test,# 185 Proof Load) 11 thru#14
6803 Bolt A325 or A490-Wedge Tensile $155 6967 Welded Rebar Transverse Tensile Test, ��500 up to 1-1/4-in diameter,and #18
Hardness 6921 Review Welding Procedure Specification $Q"75 each
6804 BoltA325 orA490-Wedge Tensile $Q 65 ea h up to 1-3/8-in diameter,and 6922 Prepare Welding Procedure $350 Hardness Specification(WPS)
each each
6805 Bolt A325 or A490-Wedge Tensile $185 6971 WPS,PQR Weld Certificate $135 up to 1-1/2-in diameter,and each
Hardness Unless otherwise noted,costs above do each not include sample preparations
6975 Bolt
machined orA 4n90 Tensile test by By (�u ote Sample Preparation .......... ........... each p k �;0 Customized Sample Machining By (1u otu....� Weld Procedure Qualification and Welder Qualification 69 10 Sample Cut&Machine Specimen- $75 6963 Welded Fabric Weld shear strength $75 under�/z-in g each
each sample p 6911 Sample Cut&Machine Specimen-1h $a 00 6927 Guided Weld Bend Test,excluding $50 -inch to 1.0-in specimen preparation each
each 6968 Sample Cut&Machine Specimen- $160 6956 Age Bend Specimens-48 Hrs $140 up to 3 specimens 1.0-into 1�/z-in-inch thick, 6929 Sample Cut&Perform Weld-Fillet $1 75 each
Weld Fracture Test 6984 Sample Cut&Machine Specimen- $a 80 each over 11h-in-inch 2.0-in thick
6969 Weld-Fillet Weld Fracture Test In Sheet 8140 each Steel&Evaluate 6985 Sample Cut&Machine Specimen- $200 each over 2.0-in to 21h-in-inch thick,each 6930 Weld-Macro Etch(Plate)-cut,polish, By (�u ote each etch,and evaluate 6986 Sample Cut&Machine Specimen- $215 each over 21h-in-inch 3.0-in thick,each
6972 Weld-Macro Etch $145 each
(Rebar#3 thru#7)-each kl 98 7 Sample Cut&Machine Specimen- $250 a a 3 Weld-Macro Etch $p 60 over 3.0-in to 31h-in-inch thick,each (Rebar#8 thru#10)-each each
6973 Weld-Macro Etch -cut,polish,etch, $1 70 698 8 Sample Cut&Machine Specimen- By (lu ote and evaluate over 31h-in-inch thick,each
(Rebar#11 thru#14)each each
6974 Weld-Macro Etch -cut,polish,etch, $250 6909 Sample Cut&Machine Charpy V-Notch $310 and evaluate Specimens(Set of 3 specimens)
(Rebar#18)-each per set
6931 Weld-Radiography BY (�u ote 6941 Machine and V-Notch one set CVN $330 6932 Weld Transverse Tensile Test,plate up $a 00 specimens from Alternate Location to 1.0-in thick excluding machining 6989 Machine and V-Notch one set 3/4 size 8300 each Specimens
6964 Weld Transverse Tensile Test,plate over $215 6990 Machine and V-Notch one set 2/3 size $300

1.0-in thick excluding machining Specimens
each
6965 Welded Rebar Transverse Tensile Test,# 8135
3 thru#7
Exhibit 4

12 Metallurgical (continued)
C IIr.)IIE COST C IIr.)IIE COST 6991 Machine and V-Notch one set 1/2 size 8315
Specimens
6992 Machine and V-Notch one set 1/3 size $320
CVN Specimens
6993 Machine and V-Notch one set 1/4 size 8320
CVN Specimens
kl 994 Rough cut`K'from full beam section $75
6995 Rough cut`K'from T beam section $75
6996 Rough cut from`K'section only $75
6997 Rough cut from Flange of full beam $75
section
6998 Rough cut from Flange of T beam $75
section
6999 Rough cut otherjoint configuration BY Quote
61 1 1 Macroetch rough cut sample to locate BY Quote HAZ
each
6914 Metallurgical Mount, 1-1/4-in.including $Q 45
preparation without evaluation
each
691 8 Metallurgical Mount,2.0-in.including $185
preparation without evaluation
each
6925 Add additional piece in mount $35
each piece
AdministrativeCharges .................................................................................................................................................................. 6935 Rush Turnaround,48-72 hours 50'V" lmoice
(50%Surcharge)
6936 Rush Turnaround,24-48 hours n`O'Vo lmoice
(50%Surcharge)
a a 0 Test Report Charge $65 Mhi
6937 Same day testing+report 200'Volmoice
(200%Surcharge)
6923 Minimum laboratory charge $150
6924 Multiple copies for distribution,copies $4.50 and mailing
per distributor per copy each
9116 Digital Photographs,photo quality paper $8.50
each
Q Q 5 Digital Photographs,photo quality paper $4.50
per copy report each
61 1 k! Metallurgical Technician Travel Time BY Quote per hour
4422 Special Test Set-Up(2-techs+1 engineer $300
crew)
per hour
3075 Administrative Office Support By Quote
4416 Misc.Equipment Charge BY Quote
4420 Special Testing BY Quote
9 a a a Final Report BY Quote
Exhibit 4 — A2 —

13 Plastics & Plumbing
C IIr.)IIE COST C IIr.)IIE COST 4422 Weatherometer Test BY Quote 4521 Shower head,hand shower,or body spray By Quote each adjusting mechanisms or function control 4425 Plastic Tensile Tests BY Quote 4519 Supplystop By Quote each Q
4Pro22 Automatic compensating valve BY Quote
Fixtures 4P_roc a
�� Temperature Actuated Mixing Valves By Quaets, 4532 Plastic Toilet(Water Closet)Seats BY Quote for Hot Water Distribution Systems 4533 Plastic Water Closet Bowls and Tanks BY Quote 4524 Automatic Temperature Control Mixing BY Quote 4354 Plastic Lavatories BY Quote Valves
4535 Plastic Urinal Fixtures By Quote 4525 Water Temperature Limiting Devices By Quote 4536 Plastic Bathtub and Shower units BY Quote 4526 Atmospheric Type Vacuum Breakers By Quote 4537 Plastic Sinks BY Quote 4527 Hose Connection Vacuum Breakers By Quote 4538 Prefabricated Plastic Spa Shells BY Quote 4528 Backf low Preventers with an By Quote Pipe
Intermediate AtmosphericVent
4539 Polyethylene Plastics Pipe and Fittings By Qu ol.e 4529 Pressure Principle Fire Protection By Quote Materials Backf low Preventers
4540 General Pipe testing BY Quote 4530 Check Fire Protection Backflow By Quote Plumbing Water Closets Prevention Assemblies ..................................................................................................................................................... Miscellaneous ................................................................................................................................................................................................... 4500 Water Closets BY Quote
4501 Wall Mounted Water Closets BY Quote 4541 Plumbing Water Resistance By Quote 4502 Water Closets Equipped with a Dual BY Quote each 4��42 � � Quote
Plumbing Water Resistance Cycling Test
Flushing Device 4543 Gel Coat Thickness BY Quote �r�� Urinals try Quote each
Faucets .................................................................................................................................................................................................................................. 4504 Lawn and Sediment Faucets By Quote
4505 Pullout Spout Faucets By Quote
ShowerHeads ................................................................................................................................................................................................... 4506 Shower head or Body spray BY Quote
4507 High-efficiency Shower head or Body BY Quote spray
4508 Hand Shower BY Quote
4509 High-efficiency Hand Shower By Quote
FlexibleHose ....................................................................................................................................................................................................... 4510 Flexible Water Connectors By Quote
Fittings ................................................................................................................................................................................................................................... 4511 Lavatory and Bar Supply Fittings By Quote
4512 Bidet Supply Fitting(with or without a By Quote diverter)
4513 Kitchen Supply Fitting(Kitchen faucet) By Quote 4514 Kitchen and Lavatory Supply Fitting By Quote (Faucet)with Side spray Diverter
4515 Bath or Shower Supply Fitting By Quote
4516 Bath or Shower Supply Fitting with By Quote
Diverter
4517 Laundry Tub Supply Fitting By Quote
4518 Metering or Self Closing Supply Fittings By Quote Valves and Controls .....................
4519 Supply Stop BY Quote
`520 Kitchen and Lavatory side spray By Quote
function control
Exhibit 4

114 Quality Assurance - 3rd Party Audit
111)1ii„, cos„r 111)1ii„, cos
4456 Travel time,per hour $75
(Min.may apply)
`533 Surveillance-Standard Audits $105
per hour-8hr minimum,plus report&
expenses
4520 Approved Fabricator Surveillance audits $105
per hour-8 hr.Minimum,plus report&
expenses
4521 Qualifying Fab shop Compliance $330
certificate
per activity
4522 Virtual Audits-certified,(all-types) BY (�u ote (average 3 days plus reporting)
4523 Virtual Audit Certification letter or $300
certificate to Municipalities/
Accreditation bodies
per letter
4533 Qualifying Audit, $Q 05
per hour(8 hr. Minimum)
4534 Technical Director $1 35
per hour(Code Meetings)
4535 Consulting,per hour $105
(Min.may apply)
4536 Project manager $Q 05
per hour
4537 Engineer $Q 58
per hour
1103 Per Diem $120
(per day)
1107 Per Diem B (lu ots
per day(Out of Country)
1104 Consumable/Expenses Cost }-15%
4539 Quality Systems Manual Reviews $105
per hour-8 hr minimum
4 539 Manual Review, $1.05
per hour(6 hr. Minimum)
4540 Audit Report Fees, $75
per hour($150.00 Minimum)
3098 Annual Listing Fees $1,000
(if Applicable)/or per Quote/per product
model and or series
5 10 1 Mileage $.80
Per Mile
4443 CA.Admin Fee ;% 01'lmoice
Note:45 days advance notice required for audit cancellation.Audit cancelation Fees apply.Expenses with applied mark-up and 8 hours Audit prep time if less than 45 days'notice.

Exhibit 4 _ �8§4 _

15 Reinforcement
C IIr.)IIE COST C IIr.)IIE COST Reinforcing Steel ASTM A 615/A 706 Activity Cost . Reinforcing Steel ASTM A 1035 . 4O'00 Tensile Test,No.3to8 Bar 0 4337 Tensile Test �3e��.....¢..... each each
4601 Bend Test,No.3 to 8 $60 43)28 Bend Test $1 50....¢..... each each
6'33 Tensile Test with MOE,No.3 to 8 Bar $200 Headed Steel Bars for Concrete Reinforcement each
4h26' Tensile Test,No.9to 11 Bar $85 ASTMA970 .......................................................................................................................................................................................................... each 46i319 Tensi le Test,No. 11 or smal ler $225 4037 Bend Test,No.9 to 11 Bar $Sep each
each 4(H0 Tensile Test,No. 14 $275
4(1"'10 Tensile Test with MOE,No.9to 11 Bar $275 each each iE i 1 Tensile Test,No. 18 $425
4Fi03 Tensile Test,No. 14Bar $175 each
each
�i Welded Specimenso. 11 Bar or
� 3 `�
4 Bend Test,No. Bar �"1e�
each 4 W
�iO4 Tensile Test,Welded,N 25
4 613 1 Tensile Test with MOE,No. 14 Bar $3)25 Smaller each each
4603 Tensile Test,No. 18 Bar $3)25 4O'05 Tensile Test,Welded,No. 14 Bar $275 each each
4635 Bend Test,No.18 Bar `3)25 4()'06 Tensile Test,Welded,No. 18 Bar $425 each each
4 03 Tensile Test with MOE,No. 18 Bar $425 460 7 Nick Break,Welded Re-Bar $125 each each
4 6132 Tensile Test,No.20 Bar $525 4( ll 5 Straightening Hoops $50 eachCoupled Reinforcement .......................................................................................................................................................

High-Strength Steel Bars for Prestressed Concrete 4E11 12 Tensile Test,Mechanically Spliced Bar, $22 ASTMA722,Grade 80 ............................................................................................................................................................ No. 11 Bar or Smal ler each
4F13F1 Tensile Test,No.24 Bar $800 4),13 Tensile Test,Mechanically Spliced Bar, $275 each
No. 14 Bar
4(137 Tensile Test,No.28 Bar $1,000 each each 4614 Tensile Test,Mechanically Spliced Bar, $42 4638 Tensile Test,No.32 Bar $1,300 No. 18 Bar each each
4(1i`23 CalTrans Mechanical Coupler Slip Test, $275 4f�f Chemical Analysis, 3�� No. 11 Bar or Smaller each each
4(H 7 Deformation Compliance $Sep 4(1124 CalTrans Mechanical Coupler Slip Test, $3)25 each
Sampling and Togging at Fabricators Plant(within 40-mile No. 14 Bar each
radius from Laboratory,add$100 for more than 40-miles) 4E1125 CalTrans Mechanical Coupler Slip Test, $525 5005 6:30 a.m.to 4:00 p.m.,Monday through $30 No. 18 Bar Friday each
per sample 4(1125 CalTrans Mechanical Coupler Slip Test, $612 5 500(1 Before 6:30 a.m.and after 4:00 p.m.and $45 No.20 Bar Saturday each
per sample
Post-Tensioning Strand .. .... .. .. . ....................p . .V.e ....................... 007 Sunday and Holidays $4
per sample Teleestand Elongatonn24for l
a 008 *Minimum Sample Charge $200 Prestress Strand,ASTM A 416 per trip each
e 0 4 Transportation and Processing Rebar V o 4 1() Tensile Test and Elongation in 10"for 37 Samples at Jobsite-inside 40mi radius of Prestressing Wire,ASTM A 421 laboratory each
Exhibit 4 per sample _ 5

15 Reinforcement (continued)
II IIE COST COIIDIIE COST
4611 Modulus of Elasticity(Prestress Strand) 83 75
each
5025 Transportation and Processing Post $30
Tension Cables-within a 40-mile
radius of laboratory
per sample
Welded Wire Fabric ASTM A 185 ......................................................................................................... 461 8 Shear-Weld Area,5 required $250
$50 each
4619 Parent Material Tensile,5 required 250
$50 each
4620 Bend Test,5 required i250
$50 each
4621 Weld-Included Tensile,5 required 200
$40 each
46 22 Mesh Evaluation,ASTM C427 i575
Exhibit 4 _ 3 6 _

a 16 soil
COENIE COST COENIE COST
Soil Properties
Foundation Testing ......................................................................................................................................................................... ................................................................................................................................................................................................. S 7018 California Impact,CAL 216 $i Q 50 7-1 00 Atterberg Limits,(ILL,PI) $-Q"75 each ASTM D 4318-each
713 Classification of Soil for Engineering $350 7099 Atterberg Shrinkage Limit $-150 Purposes ASTM D 4318-each
ASTM D2487 7130 California Bearing Ratio $550 755 5 Moisture Density-Chunk Density,In-Situ $50 ASTM D 1883-each ASTM D2937-each 7145 California Bearing Ratio $700 7137 Moisture Density-Drive Tube Density, 850 With re-test ASTM D 1883,per set In-Situ 7559 Collapse Potential BY Quote each each
7020 Corrosivity: Resistivity,pH,Sulfates, By Quote 7102 Consolidation Test $200 Chlorides ASTM D 2435-each
each 7-1 03 Consolidation Time/Rate Curves $50 71-Q 0 Material Finer-#200 Sieve $50 each
ASTM D 11401C 117-each 7-104 Remolding of Samples $30 7-1 40 Material finer than#200 Sieve $a 00 each Fine&Course-ASTM D1140,each Direct Shear Test,ASTM D 3080: ........................................................................................................... 7-1 4-Q Material finer than#200 Sieve $50 7-10 7 Consolidated,Drained 1 Point $-Q 25 Fine only-ASTM C117,each each
7142 Material finer than#200 Sieve $ Q 00 7-10 6 Consolidated,Undrained 1 Point $-Q 00 Fine&Course up to 1/2"-ASTM C117,each each
71-1-1 Moisture $25 7-105 Unconsolidated,Undrained, 1 Point $-100 ASTM D2216-each each
7019 Moisture(microwave) $-15 7-104 Remolding of Samples $30 ASTM D4643-each each
71-Q 3 Moisture-Density Relations of Soils $-Q 35 7-108 Expansion Index,UBC-18-2 $a 40 ASTM D1557,Method A-each ASTM D 4829-each
71-Q 4 Moisture-Density Relations of Soils $-Q 45 71-Q 6 Permeability,Constant Head $225 ASTM D1557,Method B or C-each ASTM D 2434,CAL 220-each 7-138 M/D Curve Rock Correction $-100 71-1 7 Permeability,Falling Head $225 7135 Moisture-Density Check Point $50 CAL 220-each each 7-132 Triaxial Unconsolidated,Undrained By Quote 7120 °R"(Resistance)Value,Lime Treated or l 250 ASTM D 2850-each Requiring Recombining 7129 Unconfined Compression Test $70 each ASTM D 2166-each
71-19 °R"(Resistance)Value,Calif.301 $225 7-134 Unconfined Compression Test with $-120 ASTM D 2844-each Graph,
7534 Relative Density(max/min) BY Quote ASTM D 2166-each D 4254-each Peat Moss
7124 Sieve Analysis of Combined Fine and $200 7040 Loss on Ignition $75 Coarse ASTM D 2974-each
ASTM D-422-each
"7-Q 09 Sieve and Hydrometer Analysis, $2 70 7041 Bulk Specific Gravity � �r"� ASTM D 422-each ASTM D 4531-each
7038 Classification $200-139 Sieve Analysis,fines for sieves#4 to $-12„� "7
ASTM D 4427-each
#20M D 422 each "7043 pH $45
ASTM D 2976-each
7127 Specific Gravityfor Soils $-120 7044 Absorption $20 ASTM D 854-each ASTM D 2980-each
7-1 43 Particle Size Distribution(Gradiation) 8-1"75 Extra charge of 150%of the unit cost will be applied for tests Fine Only,ASTM D6913,each
u , requested within 24 hrs,and 300%for test requested some day if "7-Q 44 Particle Size Distribution(Gradiation) �}225 Fine&Course,ASTM D6913,each the ASTM allows for the following test:

ASTM D1557,Method A ASTM C117,ASTM D1140
ASTM C136 ASTM C29(Unit Weight only)
Exhibit 4 _ 3�7 _

17 Structural Testing
C 111)11la' COST C IIr.)IIE COST 4400 20,000 to 120,000 Pound Machine $240 4410 200,001 to 400,0001b. $250 (Universal),including set-up time each
per hour 4140 Greater than 400,000 Ib. $450 4401 440,000 Pound Machine(Universal), $270 each including set-up time 4418 Strain Gauge Testing $3 75 { per hour 4420 Special Testing,Load Tests,Flexural, $8,000 { 4402 600,000 Pound Machine(Compression $320 Bend,Impact,Axial,Racking Shear only),including set-up time 4432 Tensile Test--MechanicalNon-Printout 150 per hour Extensometer for Strain
446 2 1,100,000 Pound Machine(Universal), $900 each including set-up time 4433 Tensile Test--ElectronicExtensometer 225 perhour with Recorded Printout
`54-1 400,000 Pound Machine(Test mark), $320 1 Test including set-up time 4 a 4-Q Mechanical Bend Test $75 per hour each
4501 120,000 Pound Machine(Instron), $340 4142 Machining and Preparation of Samples $400 including set-up time (shop)
per hour per hour
4502 450,000 Pound Machine(Instron), $440 4559 Monotonic test including strain gauge $-1200 including set-up time each
perhour Structural Testing ................................................................................................................................................................................... 4405 Special Load Tests Up(2-techs+1 $P=00 *General Structural Monotonic Testing engineer crew) 4 703 Diaphragm Set-up $P=00 per hour
per hour
4422 Special Test Set-Up(2-techs+1 $450 4479 Diaphragm test $3,000 engineer crew) each
per hour 4 704 Monotonic Shear Wall Set Up $350 Manhole Cover and Tree Grate Tests,(L.A.City) per hour 4423 Static Loading,22-inch diameter or $150 455 Monotonic Shear Wa11 test $2,500 smaller each
each *General Low Cyclic/Fatigue Testing- 1,000 cycles,up each
4468 Cyclic Loading (10 cycles) $550 to 0.5 Hz each 4143 Cyclic Set-up $Q,200
4 730 Cyclic Loading(3-5 cycles) $400 per hour 4731 L.A City S-601- ASTM D2486 $850 4144 Cyclic Shear Wa11 Test $Q,P=00 each per hour
Mechanical Testing Services *ASTM E72 Test or Similar(Including DAQ)-Walls Up to TensileTest--No Strain Measurement,Yield by Halt 15-ft high ........................................................................................................................................................................................................................ of Dial,no report included ............................................................................................................................ 4 708 ASTM E72 or similar Set-up $2 75 4411 U to 100,0001b. $75 Per Hour
each 4709 Compression or similar Test $3,000 Each
4412 100,001 to 200,000 Ib. $-100
Q
each
Exhibit 4 _ R8 _

17 Structural Testing (continued)
C IIr.)IIE COST C IIr.)IIE COST 4710 Flexural or similar Test $2,000 Each Geogrid Testing .......................................................................................................................................................................................... 4 7 a a Flexural and Compression or similar $2,5 00 4444 Connection Testing,NCMA Test Method $350 { Test SRWU-1
Each each
4712 Static/Shear or similar Test $a,800 4445 Shear Strength Testing,NCMA Test $350 { Each Method SRWU-1
4 733 Permanent Railing Systems,Guards, $500 each and Balustrades ASTM E935 Load Test Product Evaluation Services .................................................................................................................................

Each 4446 ICC ES Product Evaluation Services BY (�u ote Note:*Prices subject to change depending of complexity of 4447 CISCA Product Evaluation Services BY (�u ote sample 4448 AAMA Product Evaluation Services BY (�u ote ICC-ES AC166 Test or Similar(including DAQ)-Diaphragm 4449 ATC 24,FEMA 350,FEMA 450 Product By (�u ote Up to 20-ft by 20-ft Evaluation Services
4 713 ICC-ES-AC166 or similar Set-up $450 Product Consulting Services ...................................................................................................................................

Per Hour 3095 Code Consulting or similar $175 4714 Roof Diaphragm or similar Test $3,000 {Each perhour 3090 ICC ES/IAS Fabricator Quality $1 75
4715 Wind Driven Rain or similarTest ��`�,�'�'�' {each Assurance Services 4560 Moment Frame Connection or similar $400 perhour Set-up 3091 Uniform ES and ICC ES Product By (lu ote perhour Consulting Services
4555 Moment Frame Connection or similar $400 3092 IAPMO Product Consulting Services By (lu ote Test 3093 AAMA Product Consulting Services BY (�u ote each 3094 ATC 24,FEMA 350,FEMA450 Product By (�u ote 4561 Component Compression or similar $350 Consulting Services Set-up 4150 Test Procedure/Protocol Elaboration $Q 50 perhour perhour
4440 Component Compression or similar $700 { General Structural Field Testing ..................................................................................................................

Test 4 15 Q Special Sampling at fabrication plant $Q 50 each perhour
4562 Component Shear,or Similar Setup $400 4152 Special field test setup(2-Techs+ 1 $450 perhour
4441 Component Shear or similar Test $a,000 { Engineer Crew) each perhour
4563 Component Flexural or similar Set-up $350 4153 Special field Toad test(2-Techs+ 1 $525 perhour Engineer Crew)
4442 Component Flexural or similar Test $700 { perhour each 4154 Computer DAQ/Amplifiers $a 20
4564 Uniform Load or similar Set-up $500 perhour perhour 4155 Load Cell or transducer $50 8108 Uniform Load or similar Test $Q,P=00 { Note:*Prices subject to change depending of each complexity of sample
4565 Hydrostatic Testing or similar Set-up $500 51 01 Mileage $.80 perhour perhour
4429 Hydrostatic Testing or similar Test $1,500-{
each
Testingfor Coatings used in Slip-Critical Bolted
Connections ........................................................................................................................................................................................................... 4570 Slip Coefficient Test(RCSC+5 tests) $4,250
per set of 3 tests
4571 Tension Creep Test(RCSC+3 tests) $5,250
per set of 3 tests
Exhibit 4 _ )99 _

1S Geotechnical & Environmental Services
COENIE COST COENIE COST
Professional Staff(Geotechnical Engineers,Geologists, 7232 Monday through Saturday,Over 12 2x ' hne Staff Specialist)Activity Cost Hours;Sundays and Holidays,Over 8 ............................................................................................................................. Hours 720 Senior Professional $-185
perhourAdministrative Charges ....................................................................................................................................................... 7205 Project Manager $-I-10 7215 Pick-Up/Delivery $55 perhour per hour(2-hours minimum)
7204 Pro ect Professional $120 "7313 Mileage $."75 j
per our per mile
7203 Staff Professional $-I-1 5 7235 Travel Time $55 perhour perhour
7202 Principal Professional $150 7315 Facsimile $ perhour per page
7218 Certified Geologist $120 7225 Reproduction $1.50 perhour per page
7201 Senior Principal Professional $a 85 7317 Report Surcharge $50 perhour percopy
7200 Expert Witness BY (�u ote 7319 Cellular Telephone $35 perhour per day
7209 Office Support $35 7325 Air Express/Over-night Delivery $35 perhour each
7219 Word Processor $40 7300 Contracted Services-Drilling By (lu ote perhour 7301 Contracted Services-Testing By (�u ote 7208 Illustrator $45 7303 Contracted Services-Expenses 8y (lu ote perhour 7302 Contracted Services Soul Vapor Wells 8y (lu ote 7231 QSP"Qualified SWPPP Practitioner" $120
Instillation
perhour
7234 Geotechnical Technician $-I-10 Foundation/Geological Investigations ......................................................................................

Regular time-per hour 7308 Geotechnical Field Exploration BY (�u ote "7<�05 f, , � u ots
Field Staff Final Report of Compacted Fill � � 7212 Field Technician,Laboratory and Field 8-10 5 (submitted at end of project, if required) with density equipment,Regular Time 7338 Geotechnical Addendum Report By (lu ote perhour Support Equipment Foundation/Geological Investigations 7240 Environmental Technician,Regular Time 8-10 5 7327 Nuclear Density Gage, Field t<dl perhour per day
7274 CalTrans Certified Technician with $105 7328 Sand Cone Kit Field t<dl density equipment,Regular Time perday
perhour 7125 Soil Sampling-Encore Sample Container $25 7214 Supervising Technician,Laboratory and $-I-Q 0 per container Field with density equipment,Regular 7122 Tubes and Rings $Q 5 Time per sample
perhour Environmental Investigations&Reports ............................................................................ 7563 Soils Deputy Grading,or ICC Soils $125 730 Site Assessments Phase I BY (lu ote Inspector,Regular Time (ASTM E 1527-13)
perhour 7307 Site Assessments Phase I I ray (�u ote Geotechnical Minimums (ASTM E 1903-19)
Show-up time,no work performed-2-hour minimum charge 7323 *Property Condition Report Thy (�u ote Field Service Calls 4 and 8-hour minimum charge (ASTM E 2018-08) � uacut�Tank Removal/Closure Report y Field Soils Work a minimum ofl hour per week engineering 732�� Groundwater Sampling Report Thy G�uacute supervision maybe charged "7"7334 Import/Export Soil Testing Thy (�u ote Overtime ........................... 7340 Report Preparation Thy (�u ote 7222 Monday through Friday,Over 8 Hours or 1.5x 'Thne 7320 Health and Safety Plan 8y (lu ote after4:00 p.m.;Saturday, 1 to 12 Hours 7321 Soil Vapor Survey ray (�u ote 7222 Sundays and Holidays, 1 to 8 Hours 1.5x 'Thne 7350 Transaction Screen Report(TSA) 8y (lu ote (ASTM E 1528-14)
Exhibit 4 _ � _

18 Geotechnical & Environmental (continued)
II IIE COST II IIE COST
735 1 Document Review BY Quote
Sampling Equipment ...........................
7335 Sample Jars $25
each
733 Tedlar Bags $25
each
7337 Coring $75
each
7339 NylaflowTubing $15
each
7349 Encore Sampler $25
each
Note:*price might be higher depending of the property
size%omplexity
Support Equipment Environmental .................................................................................................. 721 Air Monitoring Equipment $125
per day
7309 Magnetometer Equipment $100
per day
7311 Water Pump and Generator $a 50
per day
7316 Water Monitoring Equipment $50
HealthSafety Equipment: ............................................................................................................................................. per person
7228 Level B BY Quote
per person,per day,plus hourly rate
7229 Level C $75
per person,per day,plus hourly rate
7217 Health and Safety Supplies $Q 50
per day
Exhibit 4 _ �1 _

1S Chemical Services 19a Organic Analyses
COIIr.)IIE COST COIIr.)IIE COST Chemical
Organic Chemist .............................................................................................................................................................................. g Chemistry
6409 Manager,Supervisor,or Consultant BY Quote 6201 EPA 1664 TRPH By Quote perhour 6236 EPA 1664Oil and Grease BY Quote 6406 Chemist BY Quote 6237 Oil&Grease,Floatable 8y Quote perhour 6258 EPA 418.1TRPH BY Quote
6432 Clerical Assistant BY Quote 6268 EPA 8015B TPH-Gasoline BY Quote perhour
ki4�Y Calculation Charge BY �Quote 6269 EPA 8015B TPH-Diesel BY Quote kit��;� Report Preparation Charge BY Quoteh�2h�,�"7 EPA 8015B TPH-Gasoline and Diesel BY Quote k 424 Sample Preparation BY Quote kid 10 LOFT—Gasoline and Diesel try Quote 6425 Sample Composite BY Quote 6263 EPA 8015B TPH-Hydrocarbon Range BY Quote per sample 6264 EPA 8015B Methanol/Ethanol BY Quote 6421 Sample Disposal BY Quote 6202 EPA 602 or 8021B BTEX BY Quote 6427 Sample Transport BY Quote 6203 EPA 8015B/8021B BY Quote perhour Combination-Gasoline
6433 Shipping Charges BY Quote 6250 EPA 624/8260B Volatile Organics BY Quote 6435 Equipment Rental BY Quote 6249 EPA 524 Volatile Organics By Quote 6420 Photography BY Quote 6216 EPA 625 or 8270C Extractable DAY Quote 651 t Standard Report/QC Package BY Quote Organics 6512 Diskette Surcharge BY Quote 6242 EPA 608 or 8082 PCBs Water or Soil BY Quote 6513 EDF Surcharge BY Quote 6244 EPA 8082 PCBs Oil 8y Quote 6514 NEESA,Army Corps of Engineers, BY Quote 6206 EPA 608 or 8081A Chlorinated BY Quote CLP,Etc.,Surcharge Pesticides
Field Sampling ............................................................................................................................................................................................. 6243 EPA 608 or 8082/8081A PCBs and BY Quote 6430 Technician BY Quote Pesticides
perhour 6218 Flash Point BY Quote
6415 Mileage BY Quote 6246 Petroleum Analysis BY Quote per mice 6260 Identification/interpretation of BY Quote 6400 Automatic Composite Sampler BY Quote Spectrum/Fingerprint. per 24-hour 6204 Quote
641 2 Discharge Flow Measurement BY Quote
EPA 5035 or 5030,8260B Gasoline Y �
each and Volatile Organics
Supplies ............................................................................................................................................................................................................................... 205 EPA 8270 SIM- Polycyclic Aromatic BY Quote
Hydrocarbons(PAHs)
6533 5035 Encore(5g) BY Quote 6208 EPA 8260-Soil Vapor(CHHSL) BY Quote each
k�� P:� t3 Quote
621 -1 Ambient/Indoor/Outdoor Air BY Quote
5035SamplingTool
each Mobile Laboratory Services ...................................................................................................................... 6534 5035 Easy Draw BY Quote 6460 Mobile Lab per 10 hour weekday BY Quote 6434 Sample Containers BY Quote 6465 Mobile Lab 8y Quote RushAnalyses ................................................................................................................................................................................................... per 10 hour weekend 6535 Rush Surcharge,72 Hours BY Quote 6461 Mobile Lab hours BY Quote in excess of 10 hours
k 540 Rush Surcharge,48 Hours BY Quote k�ik! 7 Mobilization fee �y Quoteka�ro��0 Rush Surcharge,24 Hours BY Quote � ��c� Mobile Lab StandbyTime 8y QuotekiPro iPro Rush Surcharge,Same Day BY �,Quote 6468 Mobile Lab Cancellation 8y Quote Exhibit 4 _ J�2 _

`I 19b Inorganic Analysis (chemical continued)
COIIr.)IIE COST COIIr.)IIE COST 6001 Alkalinity BY Quote 6073 Low Level Hexavalent Chromium BY Quote 6002 Ammonia,Direct BY Quote 6052 Hexavalent Chromium 8Y Quote 6004 Ammonia,Distillation BY Quote 6043 Trivalent Chromium 8Y Quote 6003 Anions(F,Br,Cl,NO3,NO2,SO4,PO4) By Quote 6404 Iron(Ferrous) By Quote 6006 Biochemical Oxygen Demand(BOD) BY Quote 6069 Total Lead 8Y Quote 6008 Chemical Oxygen Demand (COD) BY Quote 6068 Lead in Paint BY Quote 6012 Chloride,Argentometric BY Quote Metals Group Determinations 6014 Chlorine,Residual BY Quote
6162 TTLC CAM Metals BY Quote
601 Color BY Quote 6160 STLC CAM Metals BY Quote 6018 Conductance BY Quote 61-18 RCRA Metals BY Quote 6022 Cyanide,Amenable BY Quote 61-12 Priority Pollutant Metals BY Quote *(surcharge to Total cyanide)
k �� Cyanide,Free By Quotehi0h�,�"7 Drinking Water Analysis Metals 8y Quote k 028 Cyanide,Total BY Quote
k��i0 7 1 TAL Metals(23) BY Quote
6026 Cyanide,Reactive BY Quote Outside Laboratory Services ................................................................................................................................... 6050 Hardness BY Quote 6300 Asbestos Analysis. By Quote 6070 Mercaptans BY Quote 6344 Misc.Analyses 8Y Quote 6082 Nitrogen,Kjeldahl BY Quote 6345 1,4-Dioxane 8Y Quote 6096 Oxygen,Dissolved BY Quote 6346 EPA 8310 PAHS 8y Quote 6012 pH,Aqueous BY Quote 6114 EPA 504 EDB Fly Qu ole 6-100 pH,Non-aqueous BY Quote 6209 Organophosphorus Pesticides 8Y Quote 6098 Parr Oxygen Bomb BY Quote 6254 Total Organic Carbon BY Quote 6097 Phosphorous BY Quote 6500 Coliform,fecal BY Quote 6099 Perchlorate RY Quote 6505 Biotoxicity,aqueous RY Quote 6=104 Phenols BY Quote 6515 Biotoxicity,nonaqueous BY Quote k,a 48 Salinity- NaCl BY Quote 6516 Coliform,total BY Quote 6132 Solids,Total Dissolved BY Quote 6207 EPA 8151A Chlorinated Herbicides BY Quote 612 Solids,Settleable BY Quote 6254 Total Organic Carbon BY Quote 6128 Solids,Suspended BY Quote FDA Testing of Lead and Cadmium,Proposition 65 6130 Solids,Total BY Quote
6038 FDA Testing of Lead and Cadmium, BY Quote
6-13-1 Solids,Volatile BY Quote Proposition 65 6-138 Sulfide,Dissolved BY Quote
6140 f, ; Quote
VOC Testing ............................................................................................................................................................................................................

Sulfide,Reactive � .
6142 Sulfide,Total BY Quote 6266 EPA 24-VOC perAQMD BY Quote Q 34 Sulfate,Gravimetric BY Quote
6150 Surfactants,MBAS BY Quote
6158 Thiosulfate BY Quote
6174 Turbidity BY Quote
6272 Water by Karl Fischer titration BY Quote
MetalsPreparation ............................................................................................................................................................................ 6020 Construction Materials Analysis BY Quote
6030 Digestion,Aqueous BY Quote
6032 Digestion,Nonaqueous BY Quote
6036 STLC Extraction. BY Quote
6034 EP-Tox BY Quote
6154 TCLP Extraction BY Quote
6155 VOC Extraction ZHE,(STLC and/or BY Quote
TCLP)
MetalsAnalysis ................................................................................................................................................................................. 6168 Calcium Oxide BY Quote
6072 Individual Metals,per element BY Quote
Exhibit 4 _ �3 _

H SH E,yF�
Q 20 Administrative Fees
9 0

AORATOR
On occasion we are asked to perform administrative services outside of our normal business activity. Under these circumstances,such services will be billed at the rates below.These services will be performed only at the request of the client. ` Ilf)llf;l cos ` Ilf)llf;l cos 4443 Administrative Support ;% 01'lmoice
91-10 *Report Charge fl."75
(per report,per copy)
9-1-Q -Q Final Report By Quote
4812 General Testing 50--100'Y7
(Rush Charges)
3074 Administrative Support for Special $-Q 35
Projects,Certified Payroll/Labor
Compliance
3075 Administrative Office Support By Quote
3076 Task Tracking $65
3077 Report Surcharge $50
(per copy)
3079 Report Copy Charge $2.75
(per sheet)
3079 Reproduction $1.50
(per page)
3080 File Retrievel $50
(per file)
3082 Processing Certificates,Affidavits,& Al. Cast Notary Services
(each)
308-1 Insurance,Extra Charges as ordered by By Quote Client
3084 Shipping Charges Al. Coss.
3085 Air Express/Delivery Cost+25°V,,
(each)
3087 Contracted Services Cost+25°Vo
3089 Minor Report Revision $25
(minimum)
*Generally for Compression Testing of Concrete, Base Plate Grout, Masonry Mortar and Grout,as well as Tension and Bend Testing of Reinforcing Steel.

Exhibit 4 _ G4 _

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 9.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, CIVIC, City Clerk
SUBJECT: SEEK DIRECTION FROM THE CITY COUNCIL REGARDING OPENING

THE COUNCIL CHAMBERS TO THE PUBLIC
DATE: March 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council provide direction regarding opening the Council Chambers to the public.

BACKGROUND/DISCUSSION:

As a result of COVI D-19 Governor Newsom proclaimed a State of Emergency on March 4, 2020. On September 16, 2021 Governor Newsom signed AB 361 that allowed legislative bodies to hold public meetings as a result of the threat of COVI D-19, via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body.

Based on the Los Angeles County Guidelines COVI D-19 spreads more easily in closed spaces; crowded spaces nearby; and close contact settings especially where people are talking close together. As of March 4, 2022, Los Angeles County lifted its mask requirement, however, masks are still strongly recommended in indoor settings. The revised guidelines state masks are required for indoor settings with higher risks for transmission such as: public transit, health care settings, correctional facilities, detention centers, homeless shelters, and emergency shelters.

Currently, the Bell Gardens City Council meetings are conducted in the Council Chamber and are closed to the public to minimize the transmission of COVID-19. The public's participation is encouraged and conducted electronically via zoom, pursuant to AB 361. The public also has the option to submit written comments which are read at the meeting. If the City Council were to elect to open Council Chambers to the public, appropriate measures can be taken to ensure the safety of participants based on the current, and future, health guidelines.

CONCLUSION:

The Bell Gardens City Council Meetings are currently closed to the public, but could be opened, subject to current health guidelines. Continued opening can be re-evaluated based on changes to future health guidelines related to the Covid-19 pandemic.

FISCAL IMPACT:

No fiscal impact.
195

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 196

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 10.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Senior Management Analyst
Rami Dababneh, LAN WAN Enterprise
SUBJECT: FEASIBILITY STUDY FORA MUNICIPAL CITYWIDE WI-FI PROJECT DATE: March 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the report.

BACKGROUND/DISCUSSION:

In 2020, the City Council appropriated funds to implement the Homework/Learning Centers and Public Wi-Fi Access at six recreation sites: John Anson Ford Park, Golf Course, the Neighborhood Youth Center, Bell Gardens Veterans Park — Community Center, Community Family Service Center (formerly the old Senior Center), and the new Senior Center. The Homework/Learning Centers provide students with access to free Wi-Fi and devices to support distance learning. The LAN WAN Enterprise Wireless Solutions Team implemented the solution in a timely matter, and the Wi-Fi is currently in place and operational.

LAN WAN Enterprise has proposed to conduct a feasibility study and Pilot Design for a Municipal City-Wide Wi-Fi Project. If approved, LAN WAN Enterprise will provide a report that covers all the areas (Design, Coverage, Heatmap, Funding, Timeline, etc.)to design a Citywide Wi-Fi Solution for the entire City including the unserved residential neighborhoods that will help close the digital divide in Bell Gardens. In addition, the feasibility study will explore options to expand the City's existing Wi-Fi Hot Spots in an effort to expand a secure mesh wireless service to the entire City in phased developments. This can potentially allow for secure applications to be enabled to turn the City into a "Smart City' using several IoT (Internet of Things) applications.

The proposed feasibility study will include the following:
• Architecting a Preliminary Design for Municipal wireless network coverage including Wireless Heat map
• Showcase a new set of Cyber Secure Digital Divide Wi-Fi solutions including recent technologies, tools and features, and applications that can possibly turn the city into "Smart City"
• Explore Alternative Funding Sources such as Grants that can be used to expand the City's existing W i-F i P rog ram
• Determine the financial feasibility of constructing a fiber network to provide gigabit-capable broadband to distribute the Wi-Fi throughout the City of Bell Gardens • Project Timeline
• Project Cost
197

LAN WAN Enterprise will communicate with Southern California Edison, Internet Service providers, School Districts, Public Works, Community Development and other agencies in order to collect any pertinent information needed to complete the study. LAN WAN Enterprises will finalize the scope of work with staff and will start upon approval. Upon completion, the feasibility study findings will be presented and the City Council will need to provide further direction.

CONCLUSION:

The City currently contracts with LAN WAN Enterprise as an IT services provider. LAN WAN Enterprise has proposed to conduct a feasibility study and Pilot Design for a Municipal Citywide Wi-Fi Project.

FISCAL IMPACT:

The City currently contracts with LAN WAN Enterprise as an IT services provider. LAN WAN Enterprise provides the City with professional services that include performing IT related services as requested by the City. LAN WAN Enterprise will provide the feasibility study for approximately $17,000. IT services were budgeted in the 2021-2022 Fiscal Year budget. The results of the feasibility study may be used to pursue non-general fund grant monies.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 198

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 11.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Rimo Hanson, Accounting Manager
SUBJECT: FY2021-2022 MID-YEAR BUDGET REVIEW
DATE: March 14, 2022
RECOMMENDATION:

It is staff recommendation that the City Council:

1. Receive, discuss, and file the fiscal year 2021-2022 mid-year budget report.

2. Approve the following additional appropriations for fiscal year 2021-2022. General Fund $396,000; Water Fund $924,000 (mainly water purchases); CDBG Fund $225,000 (COVID related programs); CD CalHome Grant $30,000 (Grant Reimbursement); Waste Haulers Management Franchise Fund $17,200 and Ford Park Sports Complex Fund $15,000 (operational expense).

BACKGROUND/DISCUSSION:

On June 28, 2021, the City adopted the FY2021-2022 General Fund Budget. Revenues were budgeted at $42.28 million, and expenditures were budgeted at $35.06 million which nets a surplus of $7.22 million. Compared to the FY2020-21 budget, revenues were projected to be higher by$14.16 million.

The increase in revenue projections were mainly due to the American Rescue funding ($5M), Casino revenue ($6.1 M), Measure A Sales Tax($1.77M), State Rent Program ($691 K)and Sales & Use Tax($637K).

Adopted FY2021-22 General fund expenditures were budgeted to be higher by 4.24 million as compared to the prior year. The major drivers of the increases were personnel services ($1.49 million); contractual services ($1.38 million), maintenance & supplies ($250K), capital outlay ($850K), debt services ($180K), transfers out to support other funds ($162K) and a vacancy savings (-$74K).

Based on the actual city operations, revenue and expenditure projections were recalculated to refine the bottom-line estimate for FY2021-2022. After making revenue and expenditure adjustments, the projected change in General Fund, fund balance for FY2021-22 is a surplus of $6.64 million. Revenues are projected to be $338K higher and expenditures are estimated to be $917K higher than the adopted budget. Below is a detail discussion of the mid-year adjustments to revenue and expenditure.
199

Revenue Adjustments
_As of December 31, 2021, revenues are projected to be higher by $338K which will bring the projected revenue to $42.62 million. The Bicycle Casino revenues are expected to reach a new high as compared to prior year-covid pandemic. The City of Bell Gardens saw small increases in a few areas:
1)-Casino revenue ($200K); Motor Vehicle In-Lieu ($134K);State Rent program ($209K), other various revenues ($100K) and a decrease of-$250K for fees increase as the City have only approved REC fees increase. However, due to the pandemics, many of the programs are just starting to open.

Mid-year revenue adjustments are detailed in the following table.

EEEEEEE===FM
C nun;yclle Club II ees $14,400,000 ' $14,600,000 $200,000' Motor V61'ulk le II ri 1 Jeu $5,333,000 $5,467,000 $134,000 1:::::�ee StudyAdjusti'neirits $250,000 $250,000 State Rent Program (211 R)
$691,000 $900,000 $209,000
Billboard Lease Rev(Started in Oct 2021)
$160,000 $125,000 $35,000
Bus Lic/PW Permit/Planning & Zoning Fees
$400,000 $451,000 $1,000
Interest Income $70,000 $10,000 $60,000
Facility Rental/Bus Pass Sales/Leagues/Kreative 'l
Kids/Day Camp/Adult Sports/Classes/Pool Fees
$151,195 $41,600 -$109,595
Animal Licenses (Prior year received late)
$67,000 $124,000 $7,000
Court Paid Citations (County Allocation)
$60,000 $30,000 $30,000
City.Clerk Fees $30,000 $36,000 $6,000
Passport Photos Fees,
- $1,800 $1,800
Refunds & Reimbursements (Standard $17K,
J P I A Pool Reimb $73.8K))
$140,000 $270,000 $130,000
COPS Hiring Grant-Reimb
$136,260 ' $166,000 ' $29,740
False Alarm Fees/Card Club Application
Fees/Trash Removal $80,000 $84,000 $4,000
Total
Adjustments $337,945
200

Expenditure Adjustments
Department expenditures were analyzed for actual expenditures through January 31, 2022, and meetings were held with each department to review their budgets. The focus of the meetings was to compare the adopted budget to the projected actual expenditures and to discuss additional appropriations that may be needed to maintain services for the remainder of the year. Based on these meetings, additional appropriations are requested by various departments in the amount of $396,000.

As of January 31, 2022, expenditures are projected to be $917,000 higher than the adopt budget. Below is the mid-year expenditure adjustments detail.

Below is the detail of the changes to budgeted expenditures:
um uu Vuimill Vuuum .0
Personnel Services $22,020,000 $22,381,000 $361,000 Maintenance & Supply $838,000 $877,000 $39,000
Contractual Services $8,527,000 $8,619,00 0 ' $92,000 Capital Purchases $1,263,000 $1,688,000 $425,000 Contingency $200,000 $200,000
Bonds $6045000 $6045000
Transfers Out $156065000 $156065000
Total General Fund $3550585000 $3559755000 $9175000 -- -------------------------------
CONCLUSION:

The fiscal year 2021-2022 mid-year budget report has been presented. Revenues are projected to be higher by $338K and expenditures are projected to be higher by $917K brining the total projected expenditure to $35.98 million. Furthermore, additional appropriations are requested to be approved in the amount of $396,000 for the General Fund.

FISCAL IMPACT:

If approved, the following additional appropriations will be added to the following funds: General Fund $396,000; Water Fund $924,000; CDBG Fund $225,000; CD CalHome Grant $30,000 (Grant Reimbusement); Waste Haulers Management Franchise Fund $17,200 and Ford Park Sports Complex Fund $15,000.

ATTACHMENTS:

Exhibit 1 - Mid-Year Budget Presentation
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 201

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Bell Gardens City CouncilMarch 14, 2022

Bell Gardens City Council
March 14, 2022