Agenda packet — Bell Gardens City Council, May 22, 2023 (part 1 of 6)

CITY OF BELL GARDENS

CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
MONDAY, MAY 22, 2023, 6:00 PM
AGENDA
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at
https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

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 72-hours before the scheduled meeting.

PUBLIC PARTICIPATION:

The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN-PERSON:

Members of the public can provide in-person comments at the podium in the Council Chamber. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.

BY TELEPHONE:

Phone Number:
(669)900-9128
Webinar ID:
813 3236 4343#
Passcode:
2021#
To address the City Council press
*9
to raise your hand then
*6
to unmute yourself when instructed.

VIRTUALLY LIVE:

Members of the public may participate via Zoom by
https://zoom.us/join
and entering
the Zoom Meeting ID:
813 3236 4343

Passcode:
2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS:

Public comments may be emailed to
[email protected]
or
mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members 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 1 received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS
Marco Barcena, Council Member / Agency Member
Jorgel Chavez
, Council Member / Agency Member
Maria Pulido, Council Member / Agency Member
Francis De Leon Sanchez, Mayor Pro Tem / Vice Chair
Alejandra Cortez
, Mayor / Chair

PRESENTATIONS
•

CERTIFICATE OF RECOGNITION FOR BELL GARDENS INTERMEDIATE DANCE

INSTRUCTOR JOSE MENDOZA AND DANCE TEAM
•
PROCLAMATION RECOGNIZING LGBTQ+
•

CERTIFICATE OF RECOGNITION FOR SENIOR CENTER STAFF

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.

Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council / Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

CITY MANAGER'S REPORT
CONSENT CALENDAR (Item Nos. 1 - 10)
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 City Council / Successor Agency request specific items to be removed 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 2 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'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. APPROVAL MINUTES OF MAY 8, 2023 CLOSED SESSION AND CITY / SUCCESSOR

AGENCY JOINT MEETING
Approve the minutes of the May 8, 2023 Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the May 8, 2023 Closed Session and City/Successor Agency Joint Meetings.

3. WARRANT REGISTER

SUCCESSOR AGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency 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 Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency 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 Successor Agency Members receive and file the warrant register dated 05/02/23.

4. 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 04/20/23, 04/25/23 and 05/02/23.

5. ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE 3 BELL GARDENS CITY EMPLOYEE'S ASSOCIATION (CEA)
The City commenced labor negotiations with the CEA in March 2023. After several negotiations sessions, the City has now reached a tentative agreement with the CEA on successor Memoranda of Understanding (MOU) for the period commencing on June 1, 2023 continuing through May 31, 2026, subject to City Council approval.

Recommendation:

That the City Council, by motion, approve the attached resolution adopting Memoranda of Understanding between the City of Bell Gardens and the Bell Gardens City Employees
Association (CEA) commencing on June 1, 2023, and continuing through May 31, 2026.

6. ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE

BELL GARDENS PUBLIC WORKS EMPLOYEE'S ASSOCIATION (PWEA) The City commenced labor negotiations with the PWEA in March 2023. After several negotiations sessions, the City has now reached tentative agreements with the PWEA on successor Memoranda of Understanding (MOU) for the period commencing on June 1, 2023, and continuing through May 31, 2026, subject to City Council approval.

Recommendation:

That the City Council, by motion, approve the attached resolution adopting Memoranda of Understanding between the City of Bell Gardens and the Bell Gardens City Public Works Employee’s Association (PWEA) commencing on June 1, 2023, and continuing through May 31, 2026.

7. APPROVAL OF REIMBURSEMENT AGREEMENT RENEWAL FOR SHELTER BEDS

WITHIN THE SALVATION ARMY BELL SHELTER
Approve and authorize the City Manager to execute a Reimbursement Agreement Renewal for shelter beds within the Salvation Army Bell Shelter with the cities of Bell, Commerce, Cudahy, Huntington Park, Maywood, South Gate and Vernon, collectively referred to as the Local Coordinating Alliance 1 (LCA1) at an estimated cost of $31,379 for a term beginning July 1, 2023
and ending on June 30, 2024.

Recommendation:

It is staff's recommendation that the City Council approve a Reimbursement Agreement Renewal for Shelter Beds within the Salvation Army Bell Shelter, with the understanding that the final cost will be updated in a final agreement to reflect the actual parties that will be participating in the program and subject to the final form approved by the City Attorney and City Manager.

8. ADOPTION OF RESOLUTION FOR SB1 FUNDING PROJECT LIST
In 2017, Senate Bill 1, Road Repair and Accountability Act of 2017 was signed, to address transportation funding shortfalls statewide, SB1 increases the per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. SB1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund. Beginning in January 2018, the State Controller deposited funds generated from increased fuel taxes and vehicle registration fees in the RMRA.

A
portion of the RMRA funds are distributed to cities for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems. City Council must adopt a resolution, to receive its estimated $974,373 in Fiscal Year (FY) 2023-2024. Additionally, each City must submit 4 a list of proposed street repairs to the CTC before the deadline of July 1, 2023.

Recommendation:

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

1 .

Adopt the attached Resolution approving the Fiscal Year 2023-2024 project list for Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017; and 2 .

Authorize staff to
upload the Resolution with the list of streets to the California Transportation Commission (CTC) website.

9. AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR FORD PARK AQUATICS

CENTER CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
Adoption of resolution and award of professional services agreement for construction management and inspection services to the most qualified proposer for the Ford Park Aquatics Center Project.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached resolution; and

2. Authorize the City Manager to execute a Professional Services Agreement for construction management and inspection services with the most qualified proposer for the Ford Park Aquatics Center Project, subject to approval by the City Attorney.

10. EXTENSION OF PROFESSIONAL SERVICES AGREEMENTS FOR ENGINEERING AND

PROJECT AND CONSTRUCTION MANAGEMENT SERVICES
The purpose of the John Anson Ford Park Infiltration Cistern Project (the “Project”) is to comply with stormwater regulations set forth by the Los Angeles Regional Water Quality Control Board (LARWQCB) under the Municipal Separate Stormwater Sewer System, the MS4 Permit. The Project will capture trash, nutrients, heavy metals, bacteria, and reduce toxicity in the urban runoff from the watershed by installing stormwater and dry weather flow diversion pre-treatment, retention, and infiltration facilities that will capture and infiltrate the stormwater runoff prior to it reaching the Rio Hondo. The project has had various change order and due to a delay in completion, John L. Hunter and Associates, who provide project and construction management services and CWE Corporation, the engineer of record providing engineering support since the start of the project, will require extensions to their existing agreements.

Recommendation:

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

1 .

Extend the existing Agreement with John L. Hunter and Associates (JLH) through September 30, 2024, and approve additional appropriations of $658,000 to allow for completion of the John Anson Ford Park Infiltration Cistern Project; and
2 .

Extend the existing Agreement with CWE Corporation (CWE) through September 30, 2024, and approve additional appropriations of $75,000 to allow for completion of the John Anson Ford Park Infiltration Cistern Project.

DISCUSSION (Items Nos. 11 - 12)

11. INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 2.61 (ELECTRONIC FILING) TO TITLE 2 (ADMINISTRATION AND PERSONNEL) TO THE BELL GARDENS 5 MUNICIPAL CODE RELATING TO ELECTRONIC FILING OF CAMPAIGN STATEMENTS

AND STATEMENTS OF ECONOMIC INTERESTS
California Government Code Section 84615 allows local government agencies to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents online or electronically with the local filing officer. Implementation of an electronic filing system and requiring filers to file online or electronically will promote transparency and make it more convenient for filers to comply with reporting obligations and provides the public with the information in a more accessible and consistent format the City is proposing all filers file statements, reports, or other documents required under the Fair Political Reform Act online or electronically.

Recommendation:

It is staff's recommendation that the City Council waive full reading and introduce Ordinance No. 935 by title only, to add Chapter 2.61 (Electronic Filing) to Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code relating to electronic filing of campaign statements and statements of economic interests.

12. RESOLUTION APPROVING THE PURCHASE OF PLAYGROUND EQUIPMENT FOR

JULIA ASMUS PARK AND HANNON PARK
The City submitted an application for the Clean California Local Grant Program (CCLGP) on January 31, 2022, and was successfully awarded $510,067 for the “BG Keep Parks Clean Beautification Project”. The grant will renovate Julia Russ Asmus Park and Hannon Park by replacing existing playgrounds and adding new ADA rubber surfacing; replacing and adding new picnic tables and trash receptacles; installing new anti-litter signs, artwork, and signage about the history and culture of the community; and planting of trees.

Under Section 3.04.100(E) of the Bell
Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. Bell Gardens is a member of Sourcewell (formerly National Joint Powers Alliance NJPA) and membership entitles the City to access competitively bid national contracts. Sourcewell issued a Request for Proposals
for Playground and Water Play Equipment with Related
Accessories and Services and on February 15, 2021, PlayPower, Inc. was awarded a Solicitation Contract. Staff obtained
quotes for the demolition, disposal of existing and replacement of the two playgrounds for Asmus Park and Hannon Park from Miracle Recreation Equipment Company, a subcompany of PlayPower, Inc.

Recommendation:

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

1 .

Adopt the attached Resolution approving an agreement with Miracle Recreation Equipment
Company, a subcompany of a PlayPower, Inc. company
for the purchase of two playgrounds
including installation for a total cost of $
440,230.98; and
2 .

Appropriate a not to exceed amount of $67,000.

CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on May 18, 2023.
6 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item •
TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

SUBJECT:

CERTIFICATE OF RECOGNITION FOR BELL GARDENS INTERMEDIATE DANCE

INSTRUCTOR JOSE MENDOZA AND DANCE TEAM
DATE:

May 22, 2023
RECOMMENDATION:

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

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 1.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O’Kelly, City Manager
BY:

Daisy Gomez, City Clerk
SUBJECT:

GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE:

May 22, 2023
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.

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:

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 2.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O’Kelly, Executive Director
BY:

Daisy Gomez, City Clerk
SUBJECT:

APPROVAL MINUTES OF MAY 8, 2023 CLOSED SESSION AND CITY / SUCCESSOR

AGENCY JOINT MEETING
DATE:

May 22, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes of the May 8, 2023 Closed Session and City/Successor Agency Joint Meetings.

BACKGROUND/DISCUSSION:

Every Closed Session and City/Successor Agency Joint Meetings the City Clerk documents the actions made by
the Agency Members/City Council.

CONCLUSION:

If approved, the minutes of the Closed Session and City/Successor Agency Joint Meetings will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Description
Exhibit 1 - Minutes of May 8, 2023 Regular City Council/Successor Agency Joint Meeting Exhibit 2 - Minutes of May 8, 2023 Regular Closed Session APPROVED ELECTRONICALLY BY:

CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
MONDAY, MAY 8, 2023, 6:00 PM

MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 PUBLIC PARTICIPATION:

IN-PERSON:

BY TELEPHONE:

Phone Number:
(669)900-9128
Webinar ID:
813 3236 4343#
Passcode:
2021#
To address the City Council press
*9
to raise your hand then
*6
to unmute yourself when instructed.

VIRTUALLY LIVE:

Members of the public may participate via Zoom by
https://zoom.us/join
and entering
the Zoom Meeting ID:
813 3236 4343

WRITTEN COMMENTS:

Public comments may be emailed to
[email protected]
or
mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members 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 / Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on May 8, 2023, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Pro Tem Francis de Leon Sanchez presiding. Mayor Pro Tem Francis de Leon Sanchez called the joint 10Exhibit 1
meeting to order at 6:04 p.m.

INVOCATION
The invocation was given by Pastor Reynaldo Leal.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Girl Scout Troop # 2543.

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS

Present:

Marco Barcena, Agency Member/Council Member
Jorgel Chavez, Agency Member/Council Member
Maria Pulido, Agency Member/Council Member
Francis De Leon Sanchez, Vice Chair/Mayor Pro Tem

Absent:

Alejandra Cortez, Chair/Mayor (Excused)

PRESENTATIONS
•
RECOGNITION OF RESIDENTS ATTAINMENT OF U.S. CITIZENSHIP Councilmember Marco Barcena read the certificate of recognition to Carlos Castillo, Leticia Sarmiento, and Maria Velazquez.
•

NATIONAL SMALL BUSINESS MONTH PROCLAMATION
Mayor Pro Tem Francis de Leon Sanchez read the certificate of recognition. •
NATIONAL SKILLED NURSING CARE WEEK - MAY 14 - 20, 2023 PROCLAMATION Councilmember Maria Pulido read the certificate of recognition. •

NATIONAL PUBLIC WORKS WEEK - MAY
21 -
27, 2023 PROCLAMATION
Councilmember Jorgel Chavez read the certificate of recognition. •
NATIONAL POLICE WEEK - MAY 14 - 20, 2023 AND PEACE OFFICERS MEMORIAL DAY - MAY 15, 2023 PROCLAMATION
Mayor Pro Tem Francis de Leon Sanchez read the certificate of recognition. •

BUILDING & SAFETY MONTH PROCLAMATION
Councilmember Jorgel Chavez read the certificate of recognition.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER 11Exhibit 1

JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
Bruce Crow spoke regarding the central basin.

Maria Ruiz spoke regarding illegal parking.

Lilia Chavez spoke regarding a violation of rent stabilization.

Yolanda Gomez spoke regarding a violation of rent stabilization in the mobile stabilization and illegal drug activity.

Kenia Nunez spoke regarding rent stabilization and the need for low-income housing.

Carmen Rodriguez spoke regarding rent stabilization specifically for mobile parks.

Mayra Rodriguez spoke regarding rent stabilization specifically for mobile parks.

Cindy Higareda spoke regarding the homeless.

Doris Serrano spoke regarding rent stabilization.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez read Michael Sandoval's written comment requesting the verification of established marijuana shops in Bell Gardens.

Bruce Crow spoke regarding item numbers 5, 7, and 8.

Aide Fuentes spoke in support of item number 8.

Jesus Escandon spoke in support of item number 8.

Francisco Hernandez spoke in opposition to item number 8.

Estela Mata spoke in opposition to item number 8.

Lilia Chavez spoke in support of item number 5 and in opposition to item number 8.

A motion was made by Mayor Pro Tem Francis De Leon Sanchez, seconded by Councilmember Maria Pulido to reduce the allotted time for public comments from 3 minutes to 1 minute in light of the volumes, number of comments anticipated.

The motion carried 4-0-1 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez
NOES: None
ABSENT: Cortez
ABSTAIN: None
12Exhibit 1

Kenia Nunez spoke in opposition to item number 8.

Estela Mata spoke in opposition to item number 8.

Carmen Rodriguez spoke in opposition to item number 8.

Cindy Higareda spoke in opposition to item number 8.

Maricela Dorasco spoke in opposition to item number 8.

Jose Aviles spoke in opposition to item number 8.

Felipe Rivera spoke in opposition to item number 8.

Gabriela Rivera spoke in opposition to item number 8.

Alma Cordero spoke in opposition to item number 8.

Eddy Bran spoke in opposition to item number 8.

Maria Carmen Lomeli spoke in opposition to item number 8.

Silvia Martinez spoke in opposition to item number 8.

Maria Ronquillo spoke in opposition to item number 8.

Carmen Jaramillo spoke in opposition to item number 8.

Silvia Barron spoke in opposition to item number 8.

Maria Hernandez spoke in opposition to item number 8.

Patricia Miranda spoke in opposition to item number 8.

Simon Estrada spoke in opposition to item number 8.

Marta Carrasco spoke in opposition to item number 8.

Ascension Lopez spoke in opposition to item number 8.

Maricela Dorasco spoke in opposition to item number 8.

Maria Olide spoke in opposition to item number 8.

Jennifer Rodriguez spoke in opposition to item number 8.

Manuel Parra spoke in opposition to item number 8.

13Exhibit 1
City Clerk Daisy Gomez reported receiving a total of 21 written public comments, with 20 in support and 1 in opposition.

Mel Alaman spoke in opposition to item number 8.

Sandra Garcia spoke in opposition to item number 8.

Maria Guadalupe Moreno spoke in opposition to item number 8.

Doris Serrano spoke in opposition to item number 8.

Arturo Beltran Leyva spoke in opposition to item number 8.

Adam Ekimayan spoke in support to item number 8.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.

CONSENT CALENDAR (Item Nos. 1 - 6)
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 City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

A motion was made by Councilmember Marco Barcena, seconded by Councilmember Maria Pulido to approve Consent Calendar Item Nos. 1 - 6.

The motion carried 4-0-1 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez
NOES: None
ABSENT: Cortez
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 a 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. APPROVAL MINUTES OF APRIL 24, 2023 CLOSED SESSION AND CITY / SUCCESSOR

AGENCY JOINT MEETING
14Exhibit 1
Approve the minutes of the April 24, 2023 Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the April 24, 2023 Closed Session and City/Successor Agency Joint Meetings.

3. WARRANT REGISTER

Recommendation:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 04/11/23.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/06/23, 04/11/23 and 04/18/23.

5. RESOLUTION APPROVING THE CITY'S ZERO EMISSION BUS ROLLOUT PLAN The California Air Resources Board (CARB) created the
Innovative Clean Transit Regulation
(ICT)
in December 2018 and requires all public transit agencies to gradually transition to a 100% zero-emission bus (ZEB) fleet by 2040. CARB requires 25% of eligible new bus purchases to be zero-emission starting in 2026 and 100% by 2029. Under the ICT, the City of Bell Gardens is considered a small operator and is required to submit a complete Zero-Emission Bus Rollout Plan by June 2023. The ZEB rollout plan has been completed and requires the approval of the governing body.

Recommendation:

It is staff's recommendation that the City Council by motion adopt the attached Resolution, approving the City of Bell Gardens Zero Emission Bus Rollout Plan. 15Exhibit 1
Resolution No. 2023-31 was approved.

6. APPROVE OF PURCHASE ORDER AGREEMENT WITH CAMINO REAL CHEVROLET

FOR THE PURCHASE OF PUBLIC WORKS VEHICLE
On March 30, 2023, the Public Works Department released a Request for Quotation for a 2023 Chevrolet Silverado Crew Cab Truck 2WD, Engine Duramax 6.6L Turbo Diesel, Transmission:

Allison 10-speed automatic with specific features. The Public Works Department is looking for a replacement of an existing 2002 Chevrolet Silverado 3500HD unit - SM170 which has over 75,000 miles and is used daily to transport equipment and materials. It is showing its age and it is no longer not cost effective to keep in service. On April 13, 2023, one quote was received from Camino Real Chevrolet for the proposed replacement vehicle. The quote was reviewed, and staff has confirmed that the quote includes all specifications and details specified in the request for quote (RFQ).

Recommendation:

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

1 .

Adopt the attached Resolution; and
2 .

Approve an Purchase Order Agreement with Camino Real Chevrolet for the purchase of 2023 Chevrolet Silverado Crew Cab Truck 2WD, Engine Duramax 6.6L Turbo Diesel, Transmission: Allison 10-speed automatic in a not to exceed amount of $105,686.59; and 3 .

Approve an appropriation of up to $40,686.59 from the Gas Tax Fund to cover the unbudgeted purchase of the proposed replacement vehicle.

Resolution No. 2023-32 was approved.

DISCUSSION (Item Nos. 7 - 8)

7. RESIDENT ART AND YARD SALE
Pilot program for a Resident Art and Yard Sale hosted at Veterans Park on Fridays from 11:00 a.m. to 3:30 p.m., adjacent to the Farmers Market.

Recommendation:

It is staff's recommendation that the City Council by motion provide staff direction to host a Resident Art and Yard Sale pilot program on Fridays from 11:00 a.m. to 3:30 p.m., adjacent to the Farmers Market.

Elizabeth Nava, Director of Recreation and Community Services, provided a presentation.

A motion was made by Councilmember Marco Barcena, seconded by Councilmember Jorgel Chavez approve staff's recommendation.

The motion carried 4-0-1 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez
NOES: None
ABSENT: Cortez
ABSTAIN: None
16Exhibit 1

8. REQUEST FOR DIRECTION ON THE CREATION OF AN ORDINANCE TO AUTHORIZE

AND REGULATE COMMERCIAL CANNABIS ACTIVITY
For consideration of an ordinance or further study.

Recommendation:

It is staff's recommendation that the City Council:

1 .

Direct staff to prepare an ordinance authorizing and regulating commercial cannabis businesses; or
2 .

Take no further action and receive and file this report.

Gustavo Romo Community Development Director, provided a presentation.

A motion was made by Councilmember Marco Barcena, seconded by Councilmember Maria Pulido to direct staff to draft an ordinance along with the resolution that provides for those provides for those development agreement procedures, inclusive of the special funds for Recreation and Community Services and Mental Health Services.

The motion carried 3-1-1 with the following vote:

AYES: Barcena, Pulido, De Leon Sanchez
NOES: Chavez
ABSENT: Cortez
ABSTAIN: None

CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.

ADJOURNMENT
Mayor Pro Tem Francis De Leon Sanchez
adjourned the meeting at 9:27 p.m.

Daisy Gomez, City Clerk
Agenda posted on May 4, 2023.
17Exhibit 1

CITY OF BELL GARDENS

CITY COUNCIL
REGULAR MEETING – CLOSED SESSION
MONDAY, MAY 8, 2023
5:00 PM

MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed be low. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a d isability, 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 ser vice by contacting the City Clerk's office by telephone at 562-806-7704 or via email to
[email protected] no later than 72-hours
before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Cou ncil / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each de signated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. Public comments are limited to three (3) m inutes for each designated public comment period(s) per speaker, unless a different time is a nnounced by the presiding chair. Speakers who wish to address the City Council / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items an d by 6:00 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number:
(669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

18Exhibit 2
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members 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 / Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Cler k's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

CALL TO ORDER
The Council Members of the City of Bell Gardens Cit y Council held a regular meeting on May 8, 2023, in the Council Chambers, 7100 Garfield Ave, Bell Gardens, CA with Mayor Pro Tem Francis De Leon Sanchez presiding. Mayor Pro Tem Francis De Leon Sanchez called the meeting to order at 5:05 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Jorgel Chavez, Council Member
Maria Pulido, Council Member
Francis De Leon Sanchez, Mayor Pro Tem

Absent: Alejandra Cortez, Mayor (Excused)

PUBLIC COMMENTS ON AGENDA ITEMS ONLY

There were no public comments made.

CLOSED
SESSION (Item No. 1):

City Attorney Stephanie Vasquez announced that the Closed Session item is listed on the agenda.

The City Council recessed into closed session at 5:07 p.m. to discuss the item listed on the agenda.

1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6

City Designated Representatives: Michael B. O'Kelly, City Manager Manuel Carrillo, Director of Finance

Employee Organizations: City Employees Association (CEA) Public Works Employees Association (PWEA)
Public Works Supervisors Association (PWSA)
Non-Represented

19Exhibit 2

CLOSED SESSION REPORT

The City Council reconvened to open session at 6:03 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action.

ADJOURNMENT

Mayor Pro Tem Francis De Leon Sanchez adjourned the meeting at 6:03 p.m.

_____________________________
Daisy Gomez, City Clerk
Agenda Posed on May 4, 25023.
20Exhibit 2

CITY OF BELL GARDENS

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 REGISTER

SUCCESSOR AGENCY
DATE:

May 22, 2023
RECOMMENDATION:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 05/02/23.

BACKGROUND/DISCUSSION:

The attached warrant register is for 05/02/23. The warrant register reflects the obligation of the Successor Agency to the Community Development Commission (Successor Agency) for the above referenced date.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant register dated 05/02/23 will be received and filed.

FISCAL IMPACT:

Warrant register

05/02/23

12927

$41.20

Total Voucher

$41.20

Grand Total Voucher

$41.20

ATTACHMENTS:

Description
Exhibit 1- Warrant Register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 21 22 Exhibit 1

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 4.

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:

May 22, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/20/23, 04/25/23 and 05/02/23.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 04/20/23, 04/25/23 and 05/02/23. 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 04/20/23, 04/25/23 and 05/02/23 will be received
and filed.

FISCAL IMPACT:

Wire transfer
04/20/23
1799 - 1803
$262,171.48

Warrant register
04/25/23
185622- 185720
$542,593.85

Total Bank
$726,620.95

Net payroll transfer
04/20/23
-
$496,803.59

Total Voucher
$1,223,424.54

Warrant register
05/02/23
185721- 185792
$360,699.18

Total Voucher
$360,699.18

Grand Total Vouchers
$1,584,123.72

ATTACHMENTS:

Description
Exhibit 1- Warrant Register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 23 24
25Exhibit 1
26Exhibit 1
27Exhibit 1
28Exhibit 1
29Exhibit 1
30Exhibit 1
31Exhibit 1
32Exhibit 1
33Exhibit 1
34Exhibit 1
35Exhibit 1
36Exhibit 1
37Exhibit 1
38Exhibit 1
39Exhibit 1
40Exhibit 1
41Exhibit 1
42Exhibit 1
43Exhibit 1

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 5.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Manuel Carrillo, Director of Finance & Administrative Services Cathy Thompson, Interim Human Resources Manager
SUBJECT:

ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE

BELL GARDENS CITY EMPLOYEE'S ASSOCIATION (CEA)
DATE:

May 22, 2023
RECOMMENDATION:

That the City Council, by motion, approve the attached resolution adopting Memoranda of Understanding between the City of Bell Gardens and the Bell Gardens
City Employees Association (CEA) commencing on June 1, 2023, and continuing through May 31, 2026.

BACKGROUND/DISCUSSION:

In 2021, the City entered into an agreement with the City Employees Association (CEA). This agreement is set to expire on June 30, 2023. In March 2023, the City commenced labor negotiations with the CEA, multiple proposals were exchanged, and a tentative agreement was achieved in May 2023.

The City and the CEA have now reached a tentative agreement on Memoranda of Understanding (MOU), subject to Council approval, for the period commencing on June 1, 2023 through May 31, 2026 which would provide a 7% salary increase for year one, a 4% salary increase for year two, and a 5% salary increase for year three of the contract. The agreement also includes a change to the uniform allowance, vacation buy out, sick leave buy out and a One Time Lump Sum Payment equivalent to 50 hours of the employee’s base hourly pay. More specific information regarding the changes to the individual MOU can be found in the attached resolution.

CONCLUSION:

Staff recommends the City Council approve the attached resolution, adopting Memoranda of Understanding between the City of Bell Gardens and the Bell Gardens
City Employees Association (CEA), for the period
commencing on June 1, 2023, and continuing through May 31, 2026 .

FISCAL IMPACT:

For the remainder of FY 2022/23, the fiscal impact of the new CEA MOU is estimated to be $17,799. The fiscal impact in the first full year of the agreement (FY 2023/2024) for the items provided to the bargaining group is estimated to be $214,833. The fiscal impact in year two of the agreement (FY 2024/2025) is estimated to be an additional $131,355. The fiscal impact in year three of the agreement (FY 2025/2026) is estimated to be an additional $170,762. As part of the agreement, within thirty (30) days of ratification, the City shall provide a one-time lump sum payment to each unit member in an amount equivalent to 50 hours of the employee’s base hourly rate.

This one-time lump sum payment is estimated to be $79,460. 44 ATTACHMENTS:

Description
Exhibit 1 - Resolution 2023-33
Exhibit 2 - CEA MOU 2023-2026
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L

GARDENS, CALIFORNIA, ADOPTING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF BELL GARDENS AND THE
CITY OF BELL GARDENS CITY EMPLOYEES ASSOCIATION (“CEA”)

WHEREAS, the representatives of the City and the Bell Garde ns City Employees Association have engaged in multiple meet and confe r sessions and did so in good faith and in compliance with Government Code §§ 3500 et. seq. as regards to efforts to negotiate a successor to the 2021-2013 Memorandum of Understanding (MOU); and WHEREAS, representatives of the City and the Bell Gardens C ity Employees Association have agreed upon a successor to the 202 1-2023 Memorandum of Understanding.

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. Unless otherwise indicated in this Resolution, the following terms and conditions of employment for those employees in the unit represented by the Bell Gardens City Employees Association, shall be adopte d and implemented prospectively with City Council passage, approval and adoption of the 2023-2026 MOU attached hereto as Exhibit 2 (“MOU”). The provisions in the actual adopted MOU shall prevail over any conflicts between the MOU provisions and the provisions in this Resolution.

SECTION 3. The terms and conditions of employment for those e mployees in the unit represented by the Bell Gardens City Employees Association, and which shall be incorporated into Exhibit 2, are:

1. Article I Section C. Term of Agreement

The term of the agreement will be June 1, 2023 to May 31, 2026.

2. Article V Section B. Salaries (1)

All classifications within this bargaining unit shall receive base salary adjustments as follows:

Effective the first full pay period following June 1, 2023: 7% base salary increase.

Effective the first full pay period following June 1, 2024: 4% base salary increase.
46Exhibit 1
Resolution No. 2023-33

2 of 3

Effective the first full pay period following June 1, 2025: 5% base salary increase.

3. Article V. Section B. (2) Salaries – Within thir ty (30) days of ratification of the agreement, the City shall provide a one-time lump s um payment to each unit member in an amount equivalent to 50 hours of the employee’s base hourly rate.

4. Article V. Section D. Uniform Allowance – Increa se uniform allowance from $600 to $750 per fiscal year for unit members required to wear a prescribed uniform.

5. Article V. Section F. (2) Cash Distribution of A ccumulated and Earned Leave Time – Increase permitted annual vacation buy out amount from 80 hours to 120 hours.

6. Article IV. Section D. (1) Sick Leave – Revise l anguage to include and identify who an employee can take leave for; domestic partne r, grandparent, grandchild, sibling, parent-in-law or “designated person”. Also identify “designated person” as any individual related to by blood or whose asso ciation with the employee is the equivalent of a family relationship.

7. Article IV. Section D. (2) Sick Leave – Pay out accumulated sick leave in excess of 500 hours in December 2023.

8. Article IV. Section E. Bereavement Leave – Revis e language to include domestic partner, grandparent, grandchild, sibling or parent-in-law.

SECTION 4. The City Council hereby approves and adopts the 20 23-2026 Memorandum of Understanding attached to the Staff Report as Exhibit 2.

SECTION 5. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute the MOU and all documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 6. The City Clerk shall attest and certify to the pas sages and adoption of this Resolution and enter it into the book of or iginal resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 22 nd day of May, 2023.

[Signatures on the following page ]

47Exhibit 1
Resolution No. 2023-33

3 of 3

THE CITY OF BELL GARDENS

________________________________
Alejandra Cortez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ _________________ _______________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

48Exhibit 1

12026209.2 BE030-180

CITY OF BELL GARDENS
AND

BELL GARDENS CITY EMPLOYEES

ASSOCIATION

MEMORANDUM OF UNDERSTANDING
June 1, 2023 – May 31, 2026
Adopted May 22, 2023
49Exhibit 2

1 12026209.2 BE030-180

PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for harmonious relations, cooperation and communication between City Management and the City employees covered by this Memorandum. As a result of good faith negotiations between the City representatives and Association representatives this Memorandum sets forth the agreement between wages, hours, and other terms and conditions of employment for the employees covered by this Memorandum. This will provide for an orderly means of resol ving differences, which may arise from time to time during its term.

ARTICLE I
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between the Management representatives of the City of Bell Gardens, hereinafter referred to as the "City" and representatives of the Bell Gardens Employees Association, hereinafter referred to as the "Association", a formally recognized exclusive representative of the general unit of City employees pursuant to the Meyers -Milias-Brown Act. This Memorandum of Understanding (MOU) applies to all employees in the classifications referred to as "the general unit".

Section B. APPROPRIATE UNIT
The classifications covered by this agreement are: Account Clerk I , Account Technician, Accountant, Assistant Planner, Associate Planner, Building Services Supervisor , Business License Clerk /Building Permit Technician, Clerk Typist, Code Enforcement Officer , Code Enforcement Officer – Building Inspector , Community Services Officer , Deputy City Clerk, Housing Specialist, Jail Supervisor, Neighborhood Watch Coordinator, Office Assistant, Passport Clerk, Park Ranger, Public Safety Communications and Information Systems Specialist , Records Supervisor, Records/Gaming Clerk, Recreation Coordinator, Recreation Supervisor, Secretary, Senior Secretary, Senior Transportation Dispatcher , Transportation Dispatcher.

Section C. TERM OF AGREEMENT
The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective upon ratification of the City Council, effective June 1, 2023 and ending on May 31, 2026.

Section D. SEPARABILITY PROVISION
If any provision or the application of any provision of this agreement as 50Exhibit 2

2 12026209.2 BE030-180
implemented should be rendered or declared invalid b y any final court action of competent jurisdiction, the remaining sections of this agreement shall remain in full force and effect for the duration of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confer with the Association, upon request, regarding the impact or implementation of the court order.

Section E. NO STRIKE NO LOCKOUT CLAUSE

1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action withholding or refusing to perform services.

2. The City agrees that it shall not lockout its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include discharge, suspension, termination, and layoff, failure to recall or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

3. Any employee who participates in any conduct prohibited in part 1 above may be subject to disciplinary action up to and including discharge.

4. In the event that any one or more officers, agents, representatives, or members of t he Association engage in any of the conduct prohibited in part 1 above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and is unlawful and they must immediately cease engaging in conduct prohibited in part 1 above and return to work.

5. If the Association performs all of the responsibilities set forth in part 4 above, its officers, agents, representatives, shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU.

Section F. EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, if the City Manager or his designee so declares, any provisions of this MOU or the Personnel Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any personnel rules and policies.

ARTICLE II: ASSOCIATION RIGHTS
51Exhibit 2

3 12026209.2 BE030-180
Association Dues
During the term of this MOU, in a manner consistent with applicable law, the City agrees to collect, through payroll deduction, Association dues from all employees who have authorized such deduction and notified the City of the same. The City shall cause the amount of dues or service fee be deducted from payroll checks of each employee in the unit a nd shall remit the aggregate amount to the Association within thirty (30) days of the conclusion of the month in which said dues or fees are deducted. The City shall be held harmless by the Association in performing this responsibility.

New Hire Notification
Management will provide the Association with the names and home addresses of each bargaining unit employee.

Records
The Association shall keep an itemized record of its financial transactions and shall make a detailed written financial report available to the City and all the unit members annually . The Association certifies that is has adopted, implemented, and will maintain constitutionally a cceptable procedures to enable non -member agency shop fee payers to meaningfully challenge the propriety of the uses to which service fee funds are put in accordance with the decision of the U.S. Supreme Court in Chicago Teachers Union Local #1, AFT, AFL -CIO, et-al. v. Hudson, 106 CT, 1066 (1986).

Section B. ACCESS/USE OF BULLETIN BOARDS

1. Association authorized business representatives shall, upon reasonable prior notice, have access to all City work sites at which employees represented by the Association may be working, subject to the following conditions:
a) Reasonable bulletin board spa ce shall be made available for posting of proper and appropriate association related
information, subject to prior right of City to review and approve. b) City reserves the right to require reimbursement from the Association or affected employee of the cost of photocopying of any union related materials. This restriction shall not apply to materials related to documents relating to grievance
representation and other bargaining unit related materials. 52Exhibit 2

4 12026209.2 BE030-180
Section C. ASSOCIATION STEWARDS/REPRESENTATIVES

1. The Association may designate two stewards (designation changeable at end of each fiscal year) who shall be permitted to assist bargaining unit members in the investigation, processing and presentation of grievances, disciplinary actions, the meet and confer p rocess and all activity necessary to facilitate the efficient resolution of any labor -management dispute.

2. Said stewards or any other employee representative shall be granted in total 24 hours per fiscal year release time. The employees covered by this agreement shall repay the City any release time used in excess of 24 hours per year by compensatory, holiday, or vacation time. Such release time may be used only for grievances, representation, or other bargaining unit related functions.

ARTICLE III: CITY RIGHTS
Section A. Except as limited by the specific and express terms of this agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, and/or the laws and Constitution of the United States of America. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU.

The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this agreement is inten ded to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign, and retain employees in positions within the City, subject to the Personnel Rules and Regulations of the City; suspe nd or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack of work or other good reason; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means, and personnel by which the operations are to be carried out, including the right to subcontract unit work.

Except in emergencies or where the City is required to make changes in its operations because of the requirements by law, whenever the exercise of Management's rights shall impact employees of the Association, the City agrees to meet and confer with repres entatives of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this MOU or in the Personnel Rules and Regulations. By agreeing to meet and confer with the Association as to the impact and exercise of any of the foregoing City rights, Management's discretion in the exercise of these rights shall not be diminished.
53Exhibit 2

5 12026209.2 BE030-180

ARTICLE IV: HOURS

Section A. WORK SCHEDULES

1. City work schedules shall be defined as follows:

a. 4/10 Work Schedule: The 4/ 10 work schedule shall
consists of four (4) ten (10) hour work days in a seven (7) consecutive calendar day work period, exclusive
of any assigned meal periods.

b. 9/80 Work Schedule: The 9/80 work schedule shall
consist of eight (8) nine (9) hour work days and one
(1) eight (8) hour make up day on alternating weeks,
exclusive of any assigned meal periods.

1. For overtime purposes, the work period shall
consist of a seven (7) consecutive day forty hour
work period. The work period shall begin exactly
four (4) hours into the employee’s eight (8) hour
shift on the day of the week which constitutes the
employee’s alternating regular day off.

c. 5/40 Work Schedule: The 5/40 work schedule
consists of five (5) eight (8) hour work days in a seven (7) consecutive calendar day period, exclusive of any
assigned meal periods.

2. Existing work schedules, in terms of number of days worked per week and hours per day shall remain in place.

3. Modifications to said work schedule may be made pr ovided employee is given a two (2) week notice of proposed changes in work schedule. Changes in work schedules shall be made to address the needs of the community or manpower but not for disciplinary reasons.

Section B. OVERTIME
With the approval of th e City Manager, and when necessary to perform essential work, a department administrator may require an employee(s) to work at any time other than during regular hours until such work is completed. Represented employees required to be in a work status beyond forty (40) hours in a designated work week, or to work in excess of the regularly scheduled shift, shall be paid at the rate of one and one - half times the employee's regular hourly rate. For purposes of overtime calculation, all paid leave time, except sick leave, shall be included in the 54Exhibit 2

6 12026209.2 BE030-180
computation of hours worked.

Management may permit an employee to take compensatory time in lieu of paid overtime. With management approval, unit employees shall be permitted to accumulate compensatory time only to a maximum of eighty (80) hours. When the maximum level of compensato ry time is reached, overtime shall be paid.

Section C. HOLIDAYS
The City shall observe the following holidays:

New Year's Day- January 1.

Martin Luther King, Jr. birthday
President's Day- The third Monday in February
Cesar Chavez birthday - The last Monday in March
Memorial Day- The last Monday in May
Independence Day- July 4
th
Labor Day The first Monday in September
Thanksgiving Day- The fourth Thursday in November
The day after Thanksgiving
Christmas Day- December 25
th

1. One floating holiday in an amount equal to the employee’s regular work day plus an additional 24 hours of floating leave time which must be taken by individual employees at t imes subject to approval by the employees' department head.

a) Floating holiday must be taken prior to J une 30 of
each year in which it is accrued. If the employee
does not take the time off, it shall not be accrued
beyond the fiscal year

b) Floating holiday leave has no cash value and will
not be cashed out upon separation.

2. One (1) additional floating holiday shall be provided. However, this one additional holiday shall be treated as a “holiday earned” for purposes of allowing its accrual beyond the end of a fiscal year.

55Exhibit 2

7 12026209.2 BE030-180

3. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday.

4. If a City recognized holiday falls on a day which is an employee's regular day off because of an alternate work schedule, such employee shall be credited with an accrual leave for the number of hours such employee w ould have worked had that day been a regular work day for that employee. (For example, 10 hours if on a 4/10 schedule, 8 hours if on a 9/80 schedule, etc,)

Section D. SICK LEAVE

1. Earned sick leave may be used for immediate family illnesses as defined in existing City rules. In addition to immediate family members identified in existing City rules, sick leave may be used to care for the employee’s domestic partner, grandparent, grandchild, sibling, parent-in-law or “designated person”. A “designated person” is any individual related by blood or whose association with the employee is the equivalent of a family relationship. The City shall comply with both California and Federal Leave Acts and laws relating to medical leaves of absence.

2. Employees have the option of having all accumulated sick leave in excess of 500 hours paid out in December 2023, any sick leave accumulated past 620 hours can be accrued into the following year or surrendered for cash or deposited into a deferred compensation plan at the employee’s existing hourly wage rate in December, not to exceed a maximum of 96 earned hours per year.

3. Employees who separate from the City of Bell Gardens shall be eligible for payment of earned sick leave up to 620 hours.

Section E. BEREAVEMENT LEAVE
Regular and probationary full -time employees of the City shall be granted a bereavement leave of absence by reason of the death, or critical illness where death appears imminent, of the employee’s father, mother, brother, sister, spouse , child, domestic partner, grandparent, grandchild, sibling, or parent -in-law. Employee shall be allowed three (3) working days with pay for each occurrence and shall not be charged against the employee’s sick bank.

The Personnel Officer and/or the department head may require evidence in the form of a physician’s certificate, or othe rwise, of the adequacy of the reason for any employee’s absence during the time for which sick leave was requested for an illness or death in the family where the employee’s presence was necessary.

56Exhibit 2

8 12026209.2 BE030-180
ARTICLE V: COMPENSATION AND SALARIES
Section A. PUBLIC EMPLOYEES RETIREMENT SYSTEM

1. Retirement Formulas

a) The retirement formula for employees hired prior to June 24, 2012, who are determined to be “Current Members,”(pursuant to Govt. Code Section 7522.04) shall be 2.7% at 55, with calculation of the employee’s annuity based on “single highest year.”

b) The retirement formula for employees hired on or after June 24, 2012, “Classic Members,” who are not determined to be “new members” (pursuant to Govt. Code Section 7522.04) shall be 2% at 55, with calculation of the employee’s annuity based on “three highest years.”

c) The retirement formula for new employees hired on or after January 1, 2013, deemed to be “new members” (pursuant to Govt. Code Section 7522.04) shall be 2% at 62, with calculation of the employee’s annu ity based on the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months.

2. Retirement Contributions

a) “Current Members” shall contribute the entire employee contribution up to 8%.
b) “Classic Members” shall contribute the entire employee contribution up to 8%.
c) “New Members” shall contribute 50% of the normal cost.

Section B. SALARIES

1. All classifications within this bargaining unit shall receive salary adjustments as follows:
a) Effective the first full pay period following June 1, 2023: 7% base salary increase.
b) Effective the first full pay period following June 1, 2024: 4% base salary increase.
c) Effective the first full pay period following June 1, 2025: 5% base salary increase.

2. One Time Lump Sum Payment: Within thirty (30) days of ratification of the agreement, the City shall provide a one -time lump sum payment to each unit member in an amount equivalent to 50 hours of the employee’s base hourly rate. Such lump sum payment will be made on a separate paycheck.

57Exhibit 2

9 12026209.2 BE030-180

Section C. BILINGUAL PAY
Subject to the following restrictions, any employee who demonstrates conversational fluency in Spanish and passes the bilingual test shall receive a bilingual pay stipend of $200.00 per month. All City -approved tests shall be conducted in the Personnel Office.

For employees hired after the adoption of the 2011-2013 successor MOU:
a) PURPOSE: The purpose in providing bilingual compensation is to provide an incentive to eligible unit members to learn and maintain verbal and/or written Spanish language skill s which shall promote the efficient operation of the Department and the concurrent heightened provision of service to the community.

Therefore, a condition precedent to receipt of bilingual compensation is maintenance by the unit member of an active duty status where the employee is not on a leave of absence that exceeds thirty (30) calendar days.
b) ELIGIBILITY: In order for unit members to receive this compensation, they must be certified by the City, Certification shall be written and verbal test with procedures selected by the City Manager.
c) CERTIFICATION: A unit employee who wishes to receive Bilingual pay must pass a test that demonstrates proficiency Spanish to determine their eligibility for this type of compensation. Employees who fail the test will be eligible to retake the test after six (6) months has passed from the failed test date. There shall be two levels of certification: written and oral. All City approved tests shall be conducted by the Personnel Office and/or qualified contractor.
d) COMPENSATION: Unit members certified as being bilingual and verbally proficient in Spanish shall receive $100.00 per month of bilingual pay. The maximum compensation that a unit employee can receive for bilingual pay is $200.00 per month. e) RECERTIFI CATION: The City may require recertification of language proficiency every two (2) years to ensure that this skill is still at the level that is necessary to serve the needs of the Department and community.

Section D. UNIFORM ALLOWANCE
Unit members as signed to perform duties within the police department and who are further required by the Department to wear a prescribed uniform, shall be provided a uniform allowance stipend of $ 750.00 per fiscal year as and for maintenance and replacement of the uniform. Said amount shall be distributed in accord with existing policies and practices. 58Exhibit 2

10 12026209.2 BE030-180

Section E. CALL-BACK PAY
If a unit member is required while off duty to report back to work on a call- out, he/she shall receive a minimum of two (2) hours pay at straight time or the hours actually worked at the appropriate rate of compensation, whichever is greater. Call back pay shall commence upon the arrival of the employee at the work site.

Section F. CASH DISTRIBUTION OF ACCUMULATED AND EARNED LEAVE TIME

1. Earned and accumulated compensatory time off, holiday pay, sick leave time and other accrued times (see vacation exception below) shall not be convertible to cash unless or until the employee separates from City service and then, only if existing policies and procedures provide for conversion of any specific category of accumulated leave time to cash.

2. Unit employees may cash out their vacation leave, up to 120 hours per fiscal year. Said cash distribution shall be done in accordance with the policies governing the City’s Vacation Leave Buy Back Plan.

3. Accumulated vacation leave in excess of 160 hours will be paid out in December 2021. Effective March 2022, vacation accrual cap shall revert to 240 hours in accordance with the Personnel Rules & Regulations 10.02.

4. Floating holiday time shall be “use it or lose it” in nature. Floating holiday time has no cash value and will not be cashed out upon separation.

Section G. LONGEVITY PAY
Employees who have com pleted full-time service with the City of fifteen (15) years, twenty (20) years, or twenty-five years (25) shall be eligible for the following additional compensation:
a) 15 years = $100 per month
b) 20 years = $200 per month
c) 25 years = $250 per month

Section H. NOTARY PAY
Employees with a Notary Public commission approved by the City shall receive seventy-five dollars ($75) per month. Notary Pay will be exclusive of the Education Incentive program and will not be included in the Education Incentive cap.

59Exhibit 2

11 12026209.2 BE030-180

ARTICLE VI: TUITION REIMBURSEMENT

1. The Tuition Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). The City shall adopt the California State University system fee and tuition schedule but reimbursement shall not exceed $2,000 each fiscal year. The maximum tuition reimbursement, including on campus parking, fees, and textbooks is $ 2,000 per fiscal year. School supplies are not reimbursable.

2. The reimbursement shall only be for courses that are directly related to the employee’s position as determined by the Department Head and Personnel Office. Only courses, specialized training, or degree programs “job -related” to permanent full -time positions will be considered for tuition reimbursement.

3. Prior to reimbursement of costs, all course wo rk must be completed while employed with the City of Bell Gardens with a passing grade of “C” or equivalent when a numerical score or pass/fail grade is given.

ARTICLE VII: BENEFITS
Section A. HEALTH BENEFITS
The City will continue to provide Medical, Dental and Vision Insurance benefits to each full -time employee in a classification represented by this agreement. The City shall contribute towards the cost of coverage for full -time employees and their dependents who are under this association. In no case shall the City funded premiums exceed the amounts listed below
Section B. HEALTH INSURANCE PREMIUM CONTRIBUTION CAPS

1. On July 1, 2023 the City implemented health benefits premium contribution caps in the following amounts:

a). Single employee - $1,034.28 monthly.
b). Employee plus one (1) dependent - $2,140.37 monthly. c) Family coverage - $3,112.87 monthly.

2. Employees hired, full-time, on or after January 1, 2022, shall receive a maximum City-funded health insurance (medical, dental and vision) contribution amount that is capped at the premium rates of Kaiser HMO, Delta HMO and VSP for the employee and their q ualified dependent(s).

60Exhibit 2

12 12026209.2 BE030-180
Each affected employee shall be individually responsible for funding any health insurance (medical, dental and/or vision) premiums in excess of the above City funded payments. Employee’s dependents to be covered only once by the City.

3. Insurance Premium Caps Increases: Increases to the aforementioned caps on City funded premiums shall be linked to the Consumer Price Index (CPI) as specified below.

a) On July 1 of each year, the existing insurance premium caps will be adjusted by th e percentage change in the CPI (not seasonally adjusted) for the Los Angeles, Long Beach,
Anaheim region from March of the prior year to March of the current year.

b) Adjustment to the insurance premium caps shall be limited to three percent (3%).

4. Deductibles and Copayments: Each employee shall be responsible for his/her deductible and copayments as provided for in each employee’s respective medical, dental and/or vision plan.

5. The City reserves the right to change health insurance providers. The City agrees not to change health plans without engaging in the meet and confer process.

Section C. CAFETERIA OPT-OUT PLAN

a) The City will offer a "Cafeteria Plan" to each full -time employee in a classification represented by this agreement. An employee can take 50% of the cost of monthly premiums forfeited by that employee for themselves and their dependents (if applicable) if they choose to take medical, dental, and/or vision elsewhere. This will be on a monthly basis, and the amount of City -funded premiums upon which the 50% payment shall be made, shall be the lowest medical, dental and/or vision plan premiums incurred by the employee in the twelve (12) consecutive months immediately preceding the date of the employee's election to withdraw from any of the Health Benefits (medical, dental, and/or vision). These provisions will abide by the policy whereby proof of insurance is required. The cafeteria plan is not offered to permanent part-time benefited employees and their dependents.

b) Employees under this agreement will have the option of choosing only one of the two types of benefit options listed above. In no way can an employee combine or otherwise enhance their own or their dependents Health Benefits to receive more than what has been stated in each individual benefits option.

61Exhibit 2

13 12026209.2 BE030-180

Section D. MODIFICATIONS TO HEALTH BENEFITS PLANS

1. Effective October 1, 2014, the City and Association agree to implement modifications to the City’s existing health benefits plans as follows. a) Medical - Replace Anthem Blue Cross POS plan with Anthem Blue Cross Premier PPO 250/10/10.
b) Dental - Reduce annual out of network coverage under Delta Dental PPO plan from $2,000 to $1,500.
c) Vision - Increase VSP office visit copay from $10 to $20 d) Employee Assistance Program (EAP) Eliminate mental health component from City’s EAP plan.
e) Short Term Disability Insurance - Increase maximum weekly benefit from $959 to $1,075. Increase benefit waiting period from seven (7) calendar days to fourteen (14) calendar days. Increase benefit duration from 90 days to 180 days.

Section E. DISABILITY INSURANCE
The City funds short and long-term disability insurance benefits.

Section F. MAINTENANCE OF BENEFITS
Subject to the reopeners in this MOU, the City and the Association agree that all benefits, other than direct wages which are existent at the commencement of this agreement, shall not be diminished, lessened or reduced for the duration of this agreement.

Section G. JOINT LABOR/MANAGEMENT HEALTH INSURANCE COMMITTEE During the term of this MOU, the parties shall reconvene the joint labor/management health insurance committee. The purpose of the committee shall be to explore cost saving alternatives to the present health insurance programs. Implementation of health insurance modifications shall be subject to meet and confer pursuant to an MOU reopener. In addition to management representatives, the committee shall have not less than one representati ve from the City Employees’ Association.

Section H. RETIREE HEALTH BENEFITS

Retiree benefits provided to employees who retire from the City of Bell Gardens shall be as follows:

1. Bargaining unit members who retired from the City prior to June 30, 2012 are eligible for retiree health benefits in accordance with the 62Exhibit 2

14 12026209.2 BE030-180
provisions of the Memorandum of Understanding in effect at the time of their retirement.

2. Tier I Retiree Health Benefits: Employees Hired Before July 1, 2011
a) The City agrees to put in place a continuing medical insurance premium payment for employees who retire from the City of Bell Gardens, based on date of retirement and years of service in a full-time, benefitted position.
b) New retirees must be vested with the City in a full-time benefitted position for at least 10 years to be eligible for City funding of medical insurance premium.

c) Employees who have completed 10 years of service or
more shall receive City funding of medical insurance
premiums according to the following schedule (all “years” are “completed years”):
1) 10 years of service = 50% premium paid by City
2) 11 years of service = 55% of premium paid by City
3) 12 years of service = 60% of premium paid by City
4) 13 years of service = 65% of premium paid by City
5) 14 years of service = 70% of premium paid by City
6) 15 years of service = 75% of premium paid by City
7) 16 years of service = 80% of premium paid by City
8) 17 years of service = 85% of premium paid by City
9) 18 years of service = 90% of premium paid by City
10) 19 years of service = 95% of premium paid by City
11) 20 years of service = 100% of premium paid by City

d) City funding shall be provided for an employee’s spouse and dependent coverage, but only after employee has completed 10 years of service.
e) Retiree continuing medical will be available to normal retirees (not disability retirees) who have reached normal retirement age as specified by PERS retirement plan in effec t for bargaining unit.
f) Employees have no vested right in plan prior to reaching normal PERS retirement age.
g) At age 65, premium payment will be reduced to provide a supplemental policy integrated with Medicare.

3. Tier 2: Employees hired after July 1, 2011

a) City agrees to put in place a continuing medical insurance 63Exhibit 2

15 12026209.2 BE030-180
premium payment for new retirees, based on years of
service in a full-time, benefitted position.

b) New retirees must be vested with the City in a full time benefitted position for at least 10 years to be eligible for City funding of medical insurance premium.
c) Employees who have completed 10 years of service or
more shall receive City funding of medical insurance
premiums for employee only according to the following
schedule (all years are completed years):
1) 10 years of service = 50% premium paid by City
2) 11 years of service = 55% of premium paid by City
3) 12 years of service = 60% of premium paid by City
4) 13 years of service = 65% of premium paid by City
5) 14 years of service = 70% of premium paid by City
6) 15 years of service = 75% of premium paid by City
7) 16 years of service = 80% of premium paid by City
8) 17 years of service = 85% of premium paid by City
9) 18 years of service = 90% of premium paid by City
10) 19 years of service = 95% of premium paid by City
11) 20 years of service = 100% of premium paid by City

d) There shall be no City funding for spouse and dependent coverage.

e) Spouse and dependent coverage will be made available at employee’s cost, but only after employee has completed
10 years of service.

f) Retiree continuing medical will be available to normal retirees (not disability retirees) who have reached normal retirement age as specific by PERS retirement plan in
effect for bargaining unit.

g) Employees have no vested right in plan prior to reaching normal PERS retirement age.
h) At age 65, premium payment will be reduced to provide a supplemental policy integrated with Medicare.

Section I. LEAVE AND BENEFIT ACCRUALS DURING LEAVE OF ABSENCE No salary increases, uniform allowance, vacation credits, sick leave credits or any other benefits provided to regular full -time benefitted employees shall continue to accrue to any employee who is on any leave of absence (paid or unpaid) that exceeds 30 calendar days, regardless of whether or not leave is due to on -duty or off -duty injury. This provision 64Exhibit 2

16 12026209.2 BE030-180
does not apply to employees who are serving a suspension due to disciplinary action or when placed on administrative leave pending an investigation.

Section J. MAINTENANCE OF HEALTH BENEFITS WHILE ON LEAVE OF

ABSENCE
Employees must use a minimum of 56 hours of accrued leave per month to ensure the continuation of their health benefits – a failure to do so shall result in the suspension of health benefits, unless employee is on a protected leave. Employees that do not meet the aforementioned criteria while on a leave of absence shall be given the opportunity to remain on the City’s health benefit plans, but at the employee’s cost, through COBRA.

Section K. ACTING PAY
Employees who are required to perform the duties of a higher classification for 30 consecutive calendar days or more shall be compensated at the minimum rate of the higher classification whenever that minimum rate is higher than the employee’s regular salary.

ARTICLE VIII: FULL UNDERSTANDING

This Memorandum of Understanding and any attached side -letters contains all the covenants, stipulations and provisions, agreed upon by the parties and any other prior existing understanding or agreements by the parties, whether formal or informal, regardin g any such matters are hereby superseded or terminated in their entirety.

Subject to the reopeners in this MOU, the parties mutually agree that neither party shall seek to negotiate or bargain with reference to wages, hours, or terms and conditions of employment, whether or not covered by this MOU or in the negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU.

Regardless of the waiver contained in this article, the parties may by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.

The parties shall reopen any provision of this MOU for the purpose of complying with any final order of a federal or state agency or court competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in order to comply with state or federal laws.

The parties agree that the agreement may be reopened only on issues of pay and benefits should the Bicycle Casino be closed down or if the 65Exhibit 2

17 12026209.2 BE030-180
revenues to the City from Casino operations fall more than 10% from the corresponding month in the previous year, and that such a drop (in excess of 10%) shall exist for three consecutive months.

It is the intent of the parties that this agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit and that the City will meet and confer as required by law, before implementing changes.

ARTICLE IX: PERSONNEL RULE MODIFICATION
City Personnel Rule Chapter 14 DISCIPLINARY ACTIONS – Chapter 14 of the City Personnel Rules shall be immediately amended to replace Section 14.02 C (1) and (2) of the City Personnel Rules with Sections A through Section E, as specified herein.

Section A. DEFINITION
Discipline is the enforcement of conformity to policies, procedures, Personnel Rules, regulations, MOU provisions, and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct necessar y to carry out the mission of the organization successfully.

Section B. OBJECTIVES
a) Disciplinary actions should be reasonably designed to effectively correct non -conforming behavior, and be in proportion to the severity of the misbehavior, with
consideration being given to the employee’s work history, and the likelihood of recurrence of misconduct.
b) The appointing authority shall apply disciplinary action in an equitable and consistent manner applicable to the
situation and only imposed for just cause, as regards those employees having a property interest in their employment.

Section C. TYPES OF DISCIPLINARY ACTION
The disciplinary actions which may be imposed include written reprimand, suspension without pay, reduction in step within a range, demotion, and dismissal. Any single action or a combination of the preceding may be used. Disciplinary actions shall be effective following legally required notice and, where applicable, provision of pre -disciplinary due process as provided in this MOU and the Personnel Rules. These actions are defined as follows:

18 12026209.2 BE030-180
performance standards and/or violated policies, procedures, Personnel Rules, regulations, MOU provisions, or other administrative or legal requirements or practices. Such written notification shall state that further disciplinary action may be taken if the cause or misconduct is repeated.

2. Suspension Without Pay: The temporary placement of a City employee into an unpaid, inactive, status and consistent with prevailing policies, practices and procedures. Said suspension may result in the loss of accrual of benefits, as presently provided for in Personnel Rule 12, Section 12.01: Authorized Leave of Absence Without Pay.

3. Reduction in Step Within a Range: The reduction in step granted for merit, efficiency, and/or length of service, which may be permanent or temporary.

4. Demotion: The movement of an employee from one classification to another classification having a lower maximum rate of pay, which may be permanent or temporary.

5. Dismissal: The discharge of an employee from City employment.

Consistent with requirements of law, employees may be placed on paid or unpaid leave during the pendency of the investigative process and the process up to and including provision of mandated pre-disciplinary due process.

Section D. SEVERITY OF DISCIPLINARY ACTION
The severity of disciplinary action shall be determined after consideration of the seriousness of the violation involved, the employee’s overall record with the City and any mitigating/aggravating circumstances.

Consideration shall be given to progressive discipline. However, some offenses may be the basis for disciplinary action, up to and including dismissal, on the first offense.

Section E. APPEALING DISCIPLINE THAT DOES NOT IMMEDIATELY AFFECT AN EMPLOYEE’S PAY STATUS
Disciplinary actions which do not immediately impact an employee’s pay status (written reprimands) shall have a limited appeal process.

Employees may appeal written reprimands up to an informal, non - evidentiary hearing with the City Manager or his designee. The City Manager’s decision shall be final.

Section F. APPEALING DISCIPLINE WHICH IMMEDIATELY AFFECTS AN EMPLOYEE’S PAY STATUS
Discipline which immediately affects pay status shall be subject to the following process:
a. Appealable disciplinary proceedings shall be heard by an advisory hearing officer, to be selected by the parties from a nine (9) person State Mediation and Conciliation Service-provided list. The advisory hearing officer shall be selected by means of the parties alternately striking names, with the 67Exhibit 2

19 12026209.2 BE030-180
last remaining name being the advisory hearing officer.

b. The hearing officer’s determination shall be advisory only, subject to a final and binding determination being made by the City Manager.

c) A final an d binding administrative disciplinary determination shall in all instances and as to all appealable disciplinary actions, be made by the City Manager. There shall be no further stage of administrative appeal or review. The City Manager shall render a fin al determination based on a review of the record provided by the advisory hearing officer. At the City Manager’s discretion, an argument may be allowed by the parties, but no evidence shall be presented or considered if it is not in the advisory hearing officer’s record.
d) The provisions of Government Code § 1094.6 shall be applicable to petitions for writ of mandate challenging any City Manager disciplinary determination.
e) The remainder of Chapter 14 shall be amended to insure its compliance with prevailing law.
f) Pre-disciplinary meetings shall be conducted by the applicable department head and disciplinary action, if any, shall be implemented immediately following the department head’s rendering of a determination following the conduct of a pre-disciplinary meeting.
g) The disciplinary appeal process shall be applied to suspensions without pay, demotions and dismissals.
h) The procedural rules governing the trial type evidentiary hearing to be conducted by the hearing officer shall also be addres sed during a comprehensive review of the Personnel Rules pursuant to a Personnel Rule Reopener.
i) This Article IX shall supersede any inconsistent provisions in Chapter 14 or in other City rules, regulations or other enactments. Further, this Article IX shall sunset upon the City Manager being someone other than G. Steve Simonian or Philip Wagner.

ARTICLE X: GENERAL FUND-BASED MOU REOPENER
This Memorandum of Understanding shall be subject to a reopener only on issues of pay and/or benefits at direction of the City Council, upon adoption by the City Council of a Resolution evidencing a finding by the Council that any or all of the following e vents have occurred during the term of this MOU:
a) Five percent (5%) or greater reduction in general fund revenues during each fiscal year for the period July 1 through December compared to 68Exhibit 2

20 12026209.2 BE030-180
the immediately preceding same period of time; and/or the period January 1 through June 30 and the same preceding period of time. The decline, if any, shall be measured by receipts during the applicable period of time, (Revenue reductions attributed to state withholding of local funds, shall be included in measuring th e five percent (5%) reduction.)
b) A determination by the City Council to implement this Article shall not be subject to administrative or judicial challenge.

Upon the City Council invocation of this Article, any pay and/or benefit increases in compensat ion initially provided for in this MOU shall immediately cease and revert to the status quo existing prior to implementation of the changes. The parties shall thereafter convene the meet and confer process. At its discretion, the Association may utilize the California Public Records Act to access documentation for use by it in this meet and confer process.

ARTICLE XI: POSITION STATEMENT REGARDING LAYOFFS
The City Personnel Rules provide for layoffs being implemented where there is a need to do so, based on lack of work, a lack of funding, or because of a reorganization of a department or division. The rights and/or discretion of the City as regards implementation of layoffs is not impacted by this MOU section.

Rather, this MOU section is confined to a statement of position by the City that layoffs will be utilized only where in the sole discretion of the City, use of layoffs is the most reasonable manner by which to address the above lack of work, lack of funding or reorganizations. The City appreciates the significant negative impact that a layoff has on an employee and prior to implementing a layoff, shall give what is in its sole discretion, reasonable consideration to viable alternatives to layoffs. However, the City exercise of discretion shall not be subject to administrative or civil challenge, grievance or other appeal.

ARTICLE XII: JOINT LABOR/MANAGEMENT PERSONNEL RULES COMMITTEE During the term of this MOU, the parties shall reconvene the joint labor/management personnel rules committee. The purpose of the committee shall be to update and clarify City personnel rules. In addition to management representatives, the committee shall have not less than one representative from the City Employees’ Association. Changes that result from this committee shall only be implemented with mutual agreement from the employee groups.

ARTICLE XIII: RATIFICATION

69Exhibit 2

21 12026209.2 BE030-180
The parties hereto have caused this Memorandum of Understanding to be executed this 22nd day of May, 2023. The MOU shall be of no force or effect unless and until adopted by the City Council.

__________________________ ___________________________ Emilia Sakez, Date Michael B. O’Kelly, Date President BGCEA City Manager

__________________________
Eva Reyes, Date
BGCEA, Member Representative

For the Bell Gardens City
Employees' Association:

For the City of Bell Gardens:
70Exhibit 2

22 12026209.2 BE030-180

EXHIBIT A TO MOU

ADDENDUM TO EDUCATION REIMBURSEMENT AND INCENTIVE

PROGRAM
For Miscellaneous City Employees
This is an addendum to and replaces the “Incentive” section of the City’s Education Reimbursement and Incentive Program (see Exhibit B to MOU). This addendum applies to any and all determinations of education incentive pays on or after December 13, 2021. A ll existing and approved determinations of education incentive pay as of December 12, 2021 shall continue to be governed by the prior Incentive section of the Program.

The Incentive section of the program is superseded and shall now read as follows.

Because there are many types of certificates and certifica te programs, to be eligible for an education incentive pay, the employee shall obtain approval from their Department Head and the Personnel Department prior to starting / enrolling in any program.

Degree / Certificate Program Criteria
The certificate progr am that the employee is enrolled in must be in a related field and must require at least the equivalent of twenty (20) semester units. The degree shall also be in a related field in municipal government.

Incentive Amounts
Employees will receive the incen tive amount in addition to their base salary. The incentive amounts will be paid on a monthly basis as follows:
 Certificate: $25 per certificate (maximum of 2)
 Associate Degree: $100 per month
 Bachelor’s Degree: $150 per month
 Master’s Degree: $200 per month
The aforementioned education incentive pay amounts are not cumulative and would only be paid for the highest degree(s) attained that is above the minimum job requirement. For example, an employee who has a Bachelor’s degree cannot receive an incentive for also having an Associate’s degree.

Exclusions
An employee is excluded from receiving a certificate incentive when the employee also has a degree in a similar field of study.
71Exhibit 2

23 12026209.2 BE030-180
Since there is a bilingual incentive pay, which is separate from the educational incentive and is paid to those who are conversant in Span ish, any employee who received reimbursement for conversational Spanish classes will have those costs deducted from the bilingual pay incentive.

Incentive Amount Maximums
The maximum amount any one employee could receive as an education incentive pay, regardless of the number of approved certificates and degrees is $250 per month.

Sample Scenarios
Example 1: An employee, whose position requires a high school diploma or equivalent, has an Associate’s degree (AA) and an approved certificate.

Incentive Amount: $125 per month ($100 for AA + $25 for certificate) Example 2: An employee, whose position requires a high school diploma or equivalent, has an Associate’s degree, a Bachelor’s degree (BA/BS) and an approved certificate.

Incentive Amount: $175 per month ($150 for BA/BSA + $25 for certificate); no payment for AA since paid for highest level of education obtained.

Example 3: An employee, whose position requires an Associat e’s degree (AA), has a Bachelor’s degree (BA/BS) and an approved certificate.

Incentive Amount: $175 per month ($150 for BA/BSA + $25 for certificate) Example 4: An employee, whose position requires a Bachelor’s degree (BA/BS), has a Master’s degree (MA/MS) and an approved certificate.

Incentive Amount: $225 per month ($200 for MA/MS + $25 for certificate) Procedures
Employees who wish to receive an education incentive pay shall follow these steps:

1. Request the educational institution to send a certified t ranscript (sealed official transcript) showing the degree or certificate to the Personnel Department.

2. The Personnel Department shall review the certified transcript for eligibility. Should the Personnel Department determine that the employee is eligible to receive the incentive, Personnel shall (initiate) cause a Personnel Transaction Form (PAF) showing the incentive to be paid.

3. Upon receipt of the completed and signed PAF by Finance, the amount will be entered into the payroll system for payment on the next payroll check.

4. It is understood that there will be delays in receipt and processing of the education incentive pay. The incentive shall not be paid retroactively, but will start when all processing has been completed.

72Exhibit 2

24 12026209.2 BE030-180

EXHIBIT B TO MOU
73Exhibit 2

25 12026209.2 BE030-180
74Exhibit 2

26 12026209.2 BE030-180
75Exhibit 2

27 12026209.2 BE030-180

76Exhibit 2

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 6.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Manuel Carrillo, Director of Finance & Administrative Services Cathy Thompson, Interim Human Resources Manager
SUBJECT:

ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE

BELL GARDENS PUBLIC WORKS EMPLOYEE'S ASSOCIATION (PWEA) DATE:

May 22, 2023
RECOMMENDATION:

BACKGROUND/DISCUSSION:

In 2021, the City entered into an agreement with the City Public Works Employees Association (PWEA). This agreement is set to expire on June 30, 2023. In March 2023, the City commenced labor negotiations with the PWEA, multiple proposal were exchanged, and a tentative agreement was achieved in May 2023.

The City and the PWEA, have now reached a tentative agreement on Memoranda of Understanding (MOU), subject to Council approval, for the period commencing on June 1, 2023, and continuing through May 31, 2026, which would
provide a 7% salary increase for year one, a 4% salary increase for year two, and a 5% salary increase for year three of the agreement. The agreement also includes a change to the uniform/boot allowance, vacation buy out, sick leave buy out, certification pay and a One Time Lump Sum Payment equivalent to 50 hours of the employee’s base hourly pay. More specific information regarding the changes to the MOU can be found in the attached resolution.

CONCLUSION:

Staff recommends the City Council approve the attached resolution, adopting Memoranda of Understanding between the City of Bell Gardens and the Bell Gardens
Public Works Employees Association (CEA), for the period commencing on June 1, 2023, and continuing through May 31, 2026 .

FISCAL IMPACT:

For the remainder of FY 2022/23, the fiscal impact of the new PWEA MOU is estimated to be $6,830. The fiscal impact in the first full year of the agreement (FY 2023/2024) for the items provided to the bargaining group is estimated to be $82,441. The fiscal impact in year two of the agreement (FY 2024/2025) is estimated to be an additional $50,407. The fiscal impact in year three of the agreement (FY 2025/2026) is estimated to be $65,529. As part of the agreement, within thirty (30) days of ratification, the City shall provide a one-time lump sum payment to each unit member in an amount equivalent to 50 hours of the employee’s base hourly rate. This one-time lump sum payment is estimated to be $30,492.
77 ATTACHMENTS:

Description
Exhibit 1 - Resolution 2023-34
Exhibit 2 - PWEA MOU 2023-2026
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 78 `

1 RESOLUTION NO. 2023-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L

GARDENS, CALIFORNIA, ADOPTING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF BELL GARDENS AND THE

CITY OF BELL GARDENS PUBLIC WORKS EMPLOYEE ASSOCIATION
(“PWEA”)

WHEREAS, the representatives of the City and the Bell Garde ns Public Works Employees Association have engaged in multiple meet and confer sessions and did so in good faith and in compliance with Government Code §§ 3500 et. seq. as regards to efforts to negotiate a successor to the 2021-2023 Memorandum of Understanding (MOU); and WHEREAS, representatives of the City and the Bell Gardens P ublic Works Employees Association have agreed upon a successor to the 2021-2023 Memorandum of Understanding.

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. Unless otherwise indicated in this Resolution, the following terms and conditions of employment for those employees in the unit represented by the Bell Gardens Public Works Employees Association, shall b e adopted and implemented prospectively with City Council passage, approval a nd adoption of the 2023-2026 MOU attached hereto as Exhibit 2 (“MOU”). The provisio ns in the actual adopted MOU shall prevail over any conflicts between the MOU provisio ns and the provisions in this Resolution.

SECTION 3. The terms and conditions of employment for those e mployees in the unit represented by the Bell Gardens Public Works E mployees Association, and which shall be incorporated into Exhibit 2, are:

1. Article I Section C. Term of Agreement

The term of the agreement will be June 1, 2023 to May 31, 2026.

2. Article IV Section B. Salaries (1)

All classifications within this bargaining unit shall receive base salary adjustments as follows:

Effective the first full pay period following June 1, 2023: 7% base salary increase.
79Exhibit 1
Resolution No. 2023-34

2 of 3

Effective the first full pay period following June 1, 2024: 4% base salary increase.

Effective the first full pay period following June 1, 2025: 5% base salary increase.

3. Article IV. Section B. (2) Salaries – Within thi rty (30) days of ratification of the agreement. The City shall provide a one-time lump s um payment to each unit member in an amount equivalent to 50 hours of the employee’s base hourly rate.

4. Article IV. Section G. Specialized Certificate C ompensation – Increase amount of specialized certificates allowed for compensation f rom three (3) to four (4), rendering the maximum monthly gross specialized certificate payment to be in the amount of two hundred dollars ($200) per month.

5. Article III. Section B. Overtime – Increase perm itted amount of accumulated compensatory time from eighty (80) hours to one hundred and twenty (120) hours.

6. Article III. Section G. Cash Distribution of Acc umulated and Earned Leave Time – Increase permitted annual vacation buy out amount from 80 hours to 120 hours.

7. Article III. Section E. (1) Sick Leave – Revised language to include and identify who an employee can take leave for: domestic partne r, grandparent, grandchild, sibling, parent-in-law or “designated person”. Also identify “designated person” as any individual related to blood or whose associa tion with the employee is the equivalent of a family relationship.

8. Article III. Section E. (3) Sick Leave – Pay out accumulated sick leave in excess of 500 hours in December 2023.

9. Article III. Section F. Bereavement Leave – Revi se language to include domestic partner, grandparent, grandchild, sibling, or parent-in-law.

1. 10. Article IV. Section E. Uniform Allowance – Inc rease boot allowance from $400.00 to $450.00

SECTION 4. The City Council hereby approves and adopts the 20 23-2026 Memorandum of Understanding attached to the Staff Report as Exhibit 2.

SECTION 5. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute the MOU and all documents reasonably necessary to effectuate the intent of this Resolution.
80Exhibit 1
Resolution No. 2023-34

3 of 3

PASSED, APPROVED, and ADOPTED this 22
nd day of May, 2023.

THE CITY OF BELL GARDENS

________________________________
Alejandra Cortez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ _________________ _______________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

81Exhibit 1

1 12027395.2 BE030-180

CITY OF BELL GARDENS

AND

BELL GARDENS PUBLIC WORKS EMPLOYEES

ASSOCIATION

MEMORANDUM OF UNDERSTANDING

June 1, 2023 – May 31, 2023
Adopted May 22, 2023

82Exhibit 2

2 12027395.2 BE030-180

PREAMBLE

It is the purpose of the Memorandum of Understanding to pro mote and provide for harmonious relations, cooperation and communication between City Management and the City employees covered by this Memorandum. As a result of good faith negotiations between the City representatives and Association representatives this Memorandum sets forth the agreement between wages, hours, and other terms and conditions of employment for the employees covered by this Memorandum. This will provide for an orderly means of resolving differences, which may arise from time to time during its term.

83Exhibit 2

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ARTICLE I

Section A. PARTIES AND RECOGNITION

The Memorandum of Understanding is made and entered into between the Management representatives of the City of Bell Gardens, hereinafter referred to as the “City” and representativ es of the Bell Gardens Public Works Association, hereinafter referred to as the “Association,” a formally recognized exclusive representative of the general unit of City employees pursuant to the Meyers-Milias-Brown Act. This Memorandum of Understanding (M OU) applies to all employees in the classifications referred to as “the general unit”.

Section B. APPROPRIATE UNIT

The classifications covered by this agreement are:

 Maintenance Worker I
 Senior Maintenance Worker
 Lead Worker

Section C. TERM OF AGREEMENT

The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective upon ratification of the City Council effective June 1, 2023 and ending on May 31, 2026.

Section D. SEPARABILITY PROVISION

If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action of competent jurisdiction, the remaining sections of this agreement shall remain in full force and effect for the duration of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confer with the Association, upon request, regarding the impact or implementation of the court order.

Section E. NO STRIKE NO LOCKOUT CLAUSE

1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slow down, sickout, or any other job action withholding or refusing to perform services.

2. The City agrees that it shall not lockout its employees during the term of this MOU. The term “lockout” is hereby defined so as not to include discharge, suspension, termi nation, and layoff, failure to recall or failure to 84Exhibit 2

4 12027395.2 BE030-180
return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

3. Any employee who participates in any conduct prohib ited in part 1 above may be subject to disciplinary action up to and including discharge.

4. In the event that anyone or more officers, agents, representatives, or members of the Association engage in any of the conduct prohibited in part 1 above, the Assoc iation shall immediately instruct any persons engaging in such conduct that their conduct is in violation if this MOU and is unlawful and they must immediately cease engaging in conduct prohibited in part 1 above and return to work.

5. If the Association per forms all of the responsibilities set forth in part 4 above, its officers, agents, representatives, shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU.

Section F. EMERGENCY WAIVER PROVISION

In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, if the City Manager or his designee so declares, any provisions of this MOU or the Personne l Rules and Regulations of the City, which restrict the City’s ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, the Association shall have the right to meet and confer wit h the City regarding the impact on employees of the suspension of these provisions in the MOU and any personnel rules and policies.

ARTICLE II: MANAGEMENT RIGHTS

Section A. Except as limited by the specific and express terms of this agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, and/or the laws and Constitution of the United States of America. Th e City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU.

5 12027395.2 BE030-180
other good reason; take action as may be necessary to carry out the City’s mission and services in emergencies; and to determine the methods, means, and personnel by which the operations are to be carried out, including the ri ght to subcontract unit work.

Except in emergencies or where the City is required to make changes in its operations because of the requirements by law, whenever the exercise of Management’s rights shall impact employees of the Association, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this MOU or in the Personnel Rules and Regulations. By agreeing to meet a nd confer with the Association as to the impact and exercise of any of the foregoing City rights, Management’s discretion in the exercise of these rights shall not be diminished.

ARTICLE III: HOURS

Section A. WORK PERIODS, SCHEDULES, AND OVERTIME

1. City work schedules for bargaining unit members shall be defined as follows:

a. 9/80 Work Schedule: The 9/80 work schedule shall consist of eight (8) nine (9) hour work days and one (1) eight (8) hour make up day on alternating weeks, exclusive of any assigned meal periods.

b. For overtime purposes, the work period shall consist of a seven (7) consecutive day forty (40) hour work period. The work period shall begin exactly four (4) hours into the employee’s eight hour shift on the day of the week which constitutes the employee’s alternating regular day off.

2. The existing work schedule in terms of number of days worked per week and hours per day shall remain in place. Modifications to said work schedule may be made provided employee is given a two (2) week noti ce of proposed changes in work schedule. Changes in work schedules shall be made to address the needs of the community or manpower but not for disciplinary reasons.

Section B. OVERTIME

With the approval of the City Manager, and when necessary to perform essential work, a department administrator may require an employee(s) to work at any time other than during regular hours until such work is completed.

Represented employees required to be in a work status beyond forty (40) hours in a designated work week shall be paid at the rate of one and one -half times the employee’s regular hourly rate. For purposes of overtime calculation, all paid leave time shall count as hours worked , with the exception of sick 86Exhibit 2

6 12027395.2 BE030-180
leave.

Management may permit an employee to take compensatory time in lieu of paid overtime. With management approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of one hundred and twenty (120) hours. When the maximum level of compensatory time is reached, overtime shall be paid.

Section C. HOLIDAYS

1. Designated holidays are:

New Year’s Day
Martin Luther King Jr. Day
Presidents Day – Observed on the 3rd Monday in February Caesar Chavez Day - Observed on the last Monday in March Memorial Day
July 4
Labor Day
Thanksgiving
Friday after Thanksgiving (in lieu of September 9, Admission Day) Christmas Day

2. In addition to the above ten (10) holidays, unit members shall receive 23 floating holiday hours.

3. Effective January 28, 2013 , unit members shall receive an additional 24 hours of floating holiday hours to be credited on July 1 of each year. These floating holiday hours must be taken prior to June 30 of each year in which they are received. If the employee does not use the floating holiday hours, the hou rs shall not be accrued beyond the fiscal year in which they are received and shall not be converted to cash.

4. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday.

5. If a City recognized holiday falls on a day which is an employee’s regular day off because of an alternate work schedule, such employee shall be credited with an accrual leave for the number of hours such employee would have worked had that day been a regular work day for that employee. (For example, 9 hours if on a 9/80 schedule, etc.)

Section D: STAND BY DUTY LIST

In addition to the above holidays and holiday hours, unit members who are signed up and participate in the “Standby Duty List,” receive 24 hours of “personal business leave.”

87Exhibit 2

7 12027395.2 BE030-180
Eligibility to receive any or all of the 24 personal business leave hours shall be confined to those unit members who participate for a full (or partial) fiscal year on the “standby duty list.” Participation on the “standby duty list” is optional for those employees in the unit who have completed 15 full years of City service at the start of any particular fiscal year. (Although participation on the standby duty list is presently considered “optional,” the Public Works Director reserves the right to require any one or more employees who opt out of participation on the standby duty list, to participate in the rotation where the Public Works Director determines that such participation is reasonably necessary to address unforeseen circumstances impacting the provision of efficient services to the City.)

Although such 15 year employees can elect to participate on the “standby duty list,” those opting out of such participation shall not receive any of the above 24 hours of personal business leave. Rather, such employee shall only receive the 10 designated holidays and 23 floating holiday hours.

The above maximum of 47 hours of floating holiday and personal business leave shall be credited on July 1 of each fiscal year to the account of those employees who qualify for an y or all of those hours. Failure to remain employed and/or to serve on the “standby duty list” for a full fiscal year shall result in earning of the above maximum of 47 floating holiday and personal business leave hours on a pro -rated basis (1.92 floating holiday hours earned each month of employment and 2 personal business leave hours earned each month for participation on the “standby duty list.”)

The above maximum of 47 hours of floating holiday and personal business leave shall be credited on July 1 o f each fiscal year to the account of the unit member. The floating holiday and personal business leave hours have no cash value, and if not used by June 30 of any year, shall be lost and not convertible to cash.

Section E. SICK LEAVE

1. Earned sick leave m ay be used for immediate family illnesses as defined in existing City Personnel Rules and Regulations (Chapter 11). In addition to immediate family members identified in existing City rules, sick leave may be used to care for the employee’s domestic partne r, grandparent, grandchild, sibling, parent -in-law or “designated person”. A “designated person” is any individual related by blood or whose association with the employee is the equivalent of a family relationship. The City shall comply with both Californi a and Federal Leave Acts and laws relating to medical leaves of absence.

2. Every full -time employee represented by the Association shall accrue sick leave beginning with the first full pay period of employment on the basis of 8 hours for each month of service completed with the City.

3. Employee have the option of having all accumulated sick leave in excess of 500 hours paid out in December 2023. After excess leave is paid out, any sick leave accumulated past 620 hours can be accrued into the following year or surrendered for cash or deposited into a deferred compensation plan at the 88Exhibit 2

8 12027395.2 BE030-180
employee’s existing hourly wage rate in December, not to exceed a maximum of 96 earned hours per year.

4. Employees who separate from the City of Bell Gardens shall be eligible for payment of earned sick leave up to 620 hours.

Section F. BEREAVEMENT LEAVE
Regular and probationary full -time employees of the City shall be granted a bereavement leave of absence by reason of the death, or critical illness where death appears immi nent, of the employee’s father, mother, brother, sister, spouse, child, domestic partner, grandparent, grandchild, sibling, or parent -in- law. Employee shall be allowed three (3) working days with pay for each occurrence and shall not be charged against the employee’s sick bank.

The Personnel Officer and/or the department head may require evidence in the form of a physician’s certificate, or otherwise, of the adequacy of the reason for any employee’s absence during the time for which sick leave was requested for an illness or death in the family where the employee’s presence was necessary.

Section G. CASH DISTRIBUTION OF ACCUMULATED AND EARNED LEAVE TIME

Accumulated vacation leave in excess of 160 hours will be paid out in December 2021. Effective March 2022, vacation accrual cap shall revert to 240 hours in accordance with the Personnel Rules & Regulations 10.02

Unit employees may cash out their vacation leave up to 120 hours per fiscal year of the agreement. The vacation cash distribution shall be done in accordance with the policies governing the City’s Vacation Buy Out Policy with the exception that the 80 consecutive hours of time off may be achieved by using vacation, floating, compensatory or holiday leave times.

ARTICLE IV: COMPENSATION AND SALARIES

Section A. PUBLIC EMPLOYEES RETIREMENT SYSTEM

1. Retirement Formulas:
a) Miscellaneous – First Level: The retirement formula for current employees hired prior to June 24, 2012 shall continue to be 2.7% @ 55, with calculation of the employee’s annuity based on “single highest year.”

b) Miscellaneous – Second Level: Effective June 24, 2012, the City modified its CalPERS contract(s) so as to provide the 2% at 55 retirement formula for all employees hired on and after June 24, 2012 who are not deemed to be a “new member” as defined in Government Code section 7522.04 . Said contract amendments shall also provide for calculation of the above newly 89Exhibit 2

9 12027395.2 BE030-180
hired effected employee’s annuity, being based on the “three highest years” calculation method.

c) Miscellaneous – Third Level (Public Employees’ Pension Reform Act of 2013): AB 340 (signed by the Governor on 09/07/12) shall in its entirety be given full force and effect as it may from time to time exist, during and after the term of this agreement , as described below. Any provision this agreement which contradicts any provision of AB 340 shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Therefore, no provision of AB 340 shall be deemed to impair any provision of this MOU, Agreement, Rule or Regulation predating this agreement.

Unit employees considered “new members” into PERS on or after January 1, 2013, shall individually pay an initial Member CalPERS contribution rate of 50% of the normal cost rate for the Defined Bene fit Plan in which said newly hired employee is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 – Government Code section 7522.30)
Unit members who are considere d “new members” on or after January 1, 2013 shall be enrolled in the AB 340 provided formula of 2%@62. [Government Code section 7522.25(e)] with final pensionable compensation (as defined for new members in Government Code section 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. [Government Code section 7522.32(a)]

2. Retirement Contributions: Each unit member shall fund 100% of the CalPERS statutorily mandated employee member contributions.

Section B. SALARIES

1. All classifications within this bargaining unit shall receive salary adjustments as follows:
a) Effective the first full pay period following June 1, 2023: 7% base salary increase.

b) Effective the first full pay period following June 1, 2024: 4% base salary increase.

c) Effective the first full pay period following June 1, 2025: 5% base salary increase.

2. One Time Lump Sum Payment: Within thirty (30) days of ratification of the agreement, the City shall provide a o ne-time lump sum payment to each unit member in an amount equivalent to 50 hours of the employee’s base hourly rate. Such lump sum payment will be made on a separate paycheck. 90Exhibit 2

10 12027395.2 BE030-180
Section C. BILINGUAL PAY

1. The Bilingual Pay Policy shall be defined as set forth below:
a) PURPOSE: The purpose in providing bilingual compensation is to provide an incentive to eligible unit members to learn and maintain verbal and/or written Spanish language skills which shall promote the efficient operation of the Department and the c oncurrent heightened provision of service to the community. Therefore, a condition precedent to receipt of bilingual compensation is maintenance by the unit member of an active duty status where the employee is not on a leave of absence that exceeds thirt y (30) calendar days.
b) ELIGIBILITY: In order for unit members to receive this compensation, they must be certified by the City, Certification shall be written and verbal test with procedures selected by the City Manager.
c) CERTIFICATION: A unit employee who wishes to receive Bilingual pay must pass a test that demonstrates proficiency Spanish to determine their eligibility for this type of compensation. Employees who fail the test will be eligible to retake the test after six (6) months has passed from the f ailed test date.

There shall be two levels of certification: written and oral. All City approved tests shall be conducted by the Personnel Office and/or qualified contractor. d) COMPENSATION: Unit members certified as being bilingual and verbally proficient in Spanish shall receive $100.00 per month of bilingual pay. The maximum compensation that a unit employee can receive for bilingual pay is $200.00 per month.
e) RECERTIFICATION: The City may require recertification of language proficiency every two (2) years to ensure that this skill is still at the level that is necessary to serve the needs of the Department and community.

2. Effective December 1, 2012, unit employees that are already receiving bilingual pay at the level of compensation specified in the 2 010-2011 MOU shall be subject to recertification under the terms and conditions specified above.

3. Effective January 28, 2013 , the bilingual pay procedures will be amended as follows for current employees . For bilingual pay purposes, “current employees” are those unit members employed prior to January 28, 2013. a) Current employees who demonstrate bilingual verbal proficiency in Spanish shall receive two-hundred dollars ($200) per month.
b) Current employees will not be subject to recertification every two years .

However, the City may require current employees to recertify their verbal Spanish proficiency one time. The recertification process will commence no earlier than January 1, 2014.
91Exhibit 2

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c) Current employees and employees hired on or after January 28, 2013 may only take the verbal and/or written bilingual proficiency exams once every 12 months.

Section D. CALL-BACK PAY

If a unit member is required while off duty to report back to work on a call -out, he/she shall receive a minimum of two (2) hours pay at straig ht time or the hours actually worked at the appropriate rate of compensation, whichever is greater. Call back pay shall commence when an employee is called back to duty, and shall end when employee returns home.

Section E. UNIFORM ALLOWANCE

The City sh all provide and maintain uniforms to regular full -time employees .

Four sets of uniforms will be issued twice a year to employees covered by the Association. The uniforms will consist of a pair of pants, a shirt and a jacket.

Jackets can be substituted at t he request of the employee and with approval from management. For employees who are not “new members” as defined under Gov. Code section 7522.04(f), t he City will report to CalPERS the monetary value for providing and maintaining the employee’s required uniforms. The City will report the uniform allowance on an annual basis to CalPERS in June of each year. The uniform allowance amount reporte d to CalPERS will derive from the contracted amount which shall be $250 per year per employee OR the prior year’s in voices for providing and maintaining the employee’s uniforms, not to exceed $250 per year per employee.

All unit members who are required to wear work boots for safety purposes shall receive a $450.00 voucher or credit to purchase work boots or other necessary items.

Section F. STAND-BY PAY

Stand-by duty shall be optional for employees as long as at least 50% of regular full -time employees are signed up for this duty. Each employee agreeing to serve on stand-by duty shall be required to serve for a one (1) year period, commencing on July 1, and ending on June 30 of the following year.

For all employees serving standby duty, it shall be on a rotational basis. The stand by duty shall be served in weekly increments as determined by the department head on July 1 of each year.

Employees will be paid nine (9) hours’ pay for each workweek of standby. If the employee is called out during his standby period he will receive overtime pay for all time worked. Overtime pay will be calculated at the rate of one and one-half times the employee’s regular hourly rate.

92Exhibit 2

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Section G. SPECIALIZED CERTIFICATE COMPENSATION

Subject to the limitations described herein, each affected unit member who has met all qualifications for, and who has been actually issued a specialized training certificate, shall be compensated for said certificate in the amount listed below for each such certificate, provided said certificate is relevant to/necessary for the satisfactory performance of the unit member’s duties and responsibilities.

 Pesticide Applicator Certificate: $50 per month
 Arborist Certificate: $50 per month
 Licensed Electrician: $50 per month
 Irrigation / Backflow: $50 per month
 Traffic Safety / Traffic Control: $50 per month
 Forklift Operator: $50 per month
 Class B License: $100 per month

In no case, shall any affected unit member simultaneously receive compensation for more than four (4) specialized certificates, rendering the maximum monthly gross specialized certificate payment to be in the amount of two hundred dollars ($20 0) per month. Under the City’s Education Policy, the maximum amount any one employee can receive for certificates and degrees is $250 per month. However, the maximum amount for unit members under the Education Policy shall be $300 per month.

Section H. LONGEVITY PAY
Employees who have completed full-time service with the City of fifteen (15) years, twenty (20) years, or twenty-five years (25) shall be eligible for the following additional compensation:
a) 15 years = $100 per month
b) 20 years = $200 per month
c) 25 years = $250 per month

Section I. ACTING PAY
Employees who are required to perform the duties of a higher classification for 30 consecutive calendar days or more shall be compensated at the minimum rate of the higher classification with a minimum inc rease of 5%. The first 80 hours worked will be at the employee’s normal rate of pay. 93Exhibit 2

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ARTICLE V: TUITION REIMBURSEMENT

1. The Tuition Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). The City shall adopt the California St ate University system fee and tuition schedule but reimbursement shall not exceed $2,000 each fiscal year. The maximum tuition reimbursement, including on campus parking, fees, and textbooks is $2,000 per fiscal year.

School supplies are not reimbursable.

3. Prior to reimbursement of costs, all course work must be completed while employed with the City of Bell Gardens with a passing grade of “C” or equivalent when a numerical score or pass/fail grade is given.

ARTICLE VI: BENEFITS

Section A. HEALTH BENEFITS
Payment of Insurance Premiums: The City will continue to provide health insurance benefits (medical, dental and vision) to each full -time employee in a classification represented by the Public Works Ass ociation. The City shall pay not more than 100% of the cost of coverage (HMO plans only) for full -time employees and their dependents who are under this association.

Section B. HEALTH INSURANCE PREMIUM CONTRIBUTION CAPS

1. On July 1, 2023 the City implemented health benefits premium contribution caps in the following amounts:

a. Single employee - $1,034.28 monthly.
b. Employee plus one (1) dependent - $2,140.37 monthly. c. Family coverage - $3,112.87 monthly.

Employees hired by the City, full -time, on or after January 1, 2022, shall receive a maximum City funded health insurance (medical, dental and vision) contribution amount that is capped at the premium rates of Kaiser HMO, Delta HMO and VSP for the employee and their qualified dependent (s).

2. Insurance P remium Caps Increases: Increases to the aforementioned caps on City funded premiums shall be linked to the Consumer Price Index (CPI) as specified below.

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a. On July 1 of each year, the existing insurance premium caps will be adjusted by the percentage change in the CPI (not seasonally adjusted) for the Los Angeles, Long Beach, Anaheim region , from March of the prior year to March of the current year.

b. Adjustment to the insurance premium caps shall be limited to three percent (3%).

3. Deductibles and C opayments: Each employee shall be responsible for his/her deductible and copayments as provided for in each employee’s respective medical, dental and/or vision plan.

4. The City reserves the right to change health insurance providers.

SECTION C. MODIFICATIONS TO HEALTH BENEFITS PLANS

1. Effective October 1, 2014, the City and Association agree to implement modifications to the City’s existing health benefits plans as follows.

a) Medical - Replace Anthem Blue Cross POS plan with
Anthem Blue Cross Premier PPO 250/10/10.

b) Dental - Reduce annual out of network coverage under Delta Dental PPO plan from $2,000 to $1,500.

c) Vision - Increase VSP office visit copay from $10 to $20.

d) Employee Assistance Program (EAP) Eliminate mental
health component from City’s EAP plan.

e) Short Term Disability Insurance - Increase maximum weekly benefit from $959 to $1,075. Increase benefit waiting period from seven (7) calendar days to fourteen (14) calendar days. Increase benefit duration from 90 days to 180 days.

Section D. CAFETERIA OPT-OUT PLAN

The City will offer a “Cafeteria Plan” to each full -time employee in a classification represented by the Public Works Association. An employee can take 50% of the cost of monthly premiums forfeited by that employee for themselves and their dependents (if applicable) if they choose to take medical, dental, and/or vision elsewhere. This will be on a monthly basis, and the amount of City-funded premiums upon which the 50% payment shall be made, shall be the lowest medical, dental and/or vision plan premiums incurred by the employee in the twelve (12) consecutive months immediately preceding the date of the employee’s election to withdraw from any of the Health Benefits (medical, dental, and/or vision). These pr ovisions will abide by the policy 95Exhibit 2

15 12027395.2 BE030-180
where proof of insurance is required. The cafeteria plan is not offered to permanent part-time benefited employees and their dependents.

Unit employees will have the option of choosing only one of the two types of benefit options listed above. In no way can an employee combine or otherwise enhance their own or their dependents Health Benefits to receive more than what has been stated in each individual benefits option.

Section E. MAINTENANCE OF HEALTH BENEFITS WHILE ON LEAVE OF ABSENCE

Employees must use a minimum of 56 hours of accrued leave per month to ensure the continuation of their health benefits – a failure to do so shall result in the suspension of health benefits, unless employee is on a protected leave.

Employees that do not meet the aforementioned criteria while on a leave of absence shall be given the opportunity to remain on the City’s health benefit plans, but at the employee’s cost, through COBRA.

Section F. DISABILITY INSURANCE

The City shall fund short and long-term disability insurance benefits.

Section G. MAINTENANCE OF BENEFITS

Subject to reopeners in this MOU, the City and the Association agree that all benefits, other than direct wages which are existent at the commencement of this agreement shall not be diminished, lessened or reduced.

Section H. RETIREE HEALTH BENEFITS

City agrees to put in place a continuing medical insurance premium payment for new retirees (employees who retire after the adoption of this agreement).

City funding will be based on years of service in a full -time, benefitted position with the City. Retiree benefits provided to employees who retire from the City of Bell Gardens shall be provided as follows:

1. Eligibility: New retirees must be vested with the City in a full-time benefitted position for at least ten (10) years to be eligible for City funding of medical insurance premiums.

2. Schedule of City Funding Premiums: Employees who have completed 10 years of service or more shall receive City funding of medical insur ance premiums for “employee only” according to the following schedule (all “years” are “completed years”):
1) 10 years of service = 50% premium paid by City
2) 11 years of service = 55% of premium paid by City
3) 12 years of service = 60% of premium paid by City
96Exhibit 2

16 12027395.2 BE030-180
4) 13 years of service = 65% of premium paid by City
5) 14 years of service = 70% of premium paid by City
6) 15 years of service = 75% of premium paid by City
7) 16 years of service = 80% of premium paid by City
8) 17 years of service = 85% of premium paid by City
9) 18 years of service = 90% of premium paid by City
10) 19 years of service = 95% of premium paid by City 11) 20 years of service = 100% of premium paid by City

3. Dependent Coverage: Spouse and dependent medical coverage will be made available under the following terms and conditions:
a. For those employees hired after adoption of the 2011 -2012 unilaterally implemented terms and conditions of employment (October 3, 2011): At employee’s cost, but only after employee has completed 10 years of service,.
b. For employees hired before the adoption of the 2011 -2012 unilaterally implemented terms and conditions of employment (October 3, 2011): City funding shall be provided for an employee’s spouse and dependent coverage, but only after employee has completed 10 years of service.

4. Medicare: At age 65, premium payment will be reduced to provide a supplemental policy integrated with Medicare.

5. Retiree continuing medical benefits will be available to normal retirees (not disability retirees) who have reached normal retir ement age as specified by PERS retirement plan in effect for bargaining unit.

6. Employees have no vested right in plan prior to reaching normal PERS retirement age.

Section I. JOINT LABOR/MANAGEMENT HEALTH INSURANCE COMMITTEE

The parties may continue to have meetings of a joint labor/management health insurance committee. The purpose of the committee shall be to explore cost saving alternatives to the present health insurance programs. Implementation of health insurance modifications shall be subject to me et and confer process.

In addition to management representatives, the committee shall have not less than one representative from the Public Works Association.

97Exhibit 2

17 12027395.2 BE030-180
ARTICLE VII: PERSONNEL RULE MODIFICATIONS
City Personnel Rule Chapter 14 DISCIPLINARY ACTIONS – Chapter 14 of the City Personnel Rules shall be immediately amended to replace Section 14.02 C (1) and (2) of the City Personnel Rules with Sections A through Section E, as specified herein.

Section A DEFINITION
Discipline is the enforcement of conformit y to policies, procedures, Personnel Rules, regulations, MOU provisions, and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct necessary to carry out the mission of the organization successfully.

Section B OBJECTIVES

1. Disciplinary actions should be reasonably designed to effectively correct non-conforming behavior, and be in proportion to the severity of the misbehavior, with consideration being given to the employee’s work history, and the likelihood of recurrence of misconduct.

2. The appointing authority shall apply disciplinary action in an equitable and consistent manner applicable to the situation and only imposed for just cause, as regards those employees having a property interest in their employment.

Section C TYPES OF DISCIPLINARY ACTION
The disciplinary actions which may be imposed include written reprimand, suspension without pay, reduction in step within a range, demotion, and dismissal. Any single action or a combination of the preced ing may be used.

Disciplinary actions shall be effective following legally required notice and, where applicable, provision of pre -disciplinary due process as provided in this MOU and the Personnel Rules. These actions are defined as follows:

1. Written Repri mand: An official written notification, by the appointing authority or designee to the employee and for inclusion in the employee’s personnel file, that the employee has failed to meet performance standards and/or violated policies, procedures, Personnel Rules, regulations, MOU provisions, or other administrative or legal requirements or practices. Such written notification shall state that further disciplinary action may be taken if the cause or misconduct is repeated.

Authorized Leave of Absence Without Pay.

3. Reduction in Step Within a Range : The reduction in step granted for merit, efficiency, and/or length of service, which may be permanent or temporary. 98Exhibit 2

18 12027395.2 BE030-180

4. Demotion: The movement of an employee from one classification t o another classification having a lower maximum rate of pay, which may be permanent or temporary.

5. Dismissal: The discharge of an employee from City employment.

Section D SEVERITY OF DISCIPLINARY ACTION
The severity of disciplinary action shall be determined after consideration of the seriousness of the violation involved, the employee’s overall record with the City and any mitigating/aggravating circumstances. Consideration shall be given to progressive discipline. However, some offenses may be the basis for disciplinary action, up to and including dismissal, on the first offense.

Section E APPEALING DISCIPLINE THAT DOES NOT IMMEDIATELY AFFECT AN EMPLOYEE’S PAY STATUS
Disciplinary actions which do not immediately impact an employee’s pay status (written reprimands) shall have a limited ap peal process. Employees may appeal written reprimands up to an informal, non -evidentiary hearing with the City Manager or his designee. The City Manager’s decision shall be final.

Section F APPEALING DISCIPLINE WHICH IMMEDIATELY AFFECTS AN EMPLOYEE’S PAY STATUS
Discipline which immediately affects pay status shall be subject to the following process:

1. Appealable disciplinary proceedings shall be heard by an advisory hearing officer to be selected by the parties from a nine (9) person State Mediation and Conciliation Service -provided list. The advisory hearing officer shall be selected by means of the parties alternately striking names, with the last remaining name being the advisory hearing officer.

2. The hearing officer’s determination shall be advisory on ly, subject to a final and binding determination being made by the City Manager.

3. A final and binding administrative disciplinary determination shall in all instances be made by the City Manager. There shall be no further stage of administrative appeal or review. The City Manager shall render a final determination based on a review of the record provided by the advisory hearing officer. At the City Manager’s discretion, an argument may be allowed by the parties, but no evidence shall be presented or considered if it is not in the advisory hearing officer’s record.

4. The provisions of Government Code § 1094.6 shall be applicable to petitions for writ of mandate challenging any City Manager disciplinary determination.
99Exhibit 2

19 12027395.2 BE030-180

5. The remainder of Chapter 14 shall be amended to insure its compliance with prevailing law.

6. Pre-disciplinary meetings shall be conducted by the applicable department head and disciplinary action, if any, shall be implemented immediately following the department head’s rendering of a determination following the conduct of a pre-disciplinary meeting.

7. The disciplinary appeal process shall be applied to suspensions without pay, demotions and dismissals.

8. The procedural rules governing the trial type evidentiary hearing to be conducted by the hearing off icer shall also be addressed during a comprehensive review of the Personnel Rules pursuant to the Personnel Rules Reopener.

9. This Article VIII shall supersede any inconsistent provisions in Chapter 14 or in other City rules, regulations or other enactme nts. Further, this Article VIII shall sunset upon the City Manager being someone other than G. Steve Simonian or Philip Wagner.

ARTICLE VIII: GENERAL FUND-BASED MOU REOPENER

In addition to the existing Bicycle Club-related reopener, the following reopener shall apply:

1. This agreement shall be subject to a reopener at direction of the City Council, upon adoption by the City Council of a Resolution evidencing a finding by the Council that any or all of the following events have occurred during the term of this document:
a. Five percent (5%) or greater reduction in general fund revenues during each fiscal year for the period July 1 through December compared to the immediately preceding same period of time; and/or the period January 1 through June 30 and the same preceding period of time. The decline, if any, shall be measured by receipts during the applicable period of time, (Revenue reductions attributed to state withholding of local funds, shall be included in measuring the five percent (5%) reduction.) b. Should the Bicycle Casino be closed down or if the revenues to the City from Casino operations fall more than 10% from the corresponding month in the previous year, and that such a drop (in excess of 10%) shall exist for three consecutive months. c. A determinat ion by the City Council to implement this Article shall not be subject to administrative or judicial challenge. 100Exhibit 2

20 12027395.2 BE030-180

ARTICLE IX: JOINT LABOR/MANAGEMENT PERSONNEL RULES COMMITTEE During the term of this MOU, the parties shall reconvene the joint labor/management personnel rules committee. The purpose of the committee shall be to update and clarify City personnel rules. In addition to management representatives, the committee shall have not less than one representative from the City Employees’ Association. Changes that result from this committee shall only be implemented with mutual agreement from the employee groups.

ARTICLE X: FULL UNDERSTANDING

This Memorandum of Understanding and attached side-letters contains all the covenants, stipulations and provisio ns agreed upon by the parties and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

The parties shall reopen any provision of this MOU for the purpose of complying with any final order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in order to comply with state or federal laws.

It is t he intent of the parties that this agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the emplo yees in the unit and that the City will meet and confer as required by law, before implementing changes.

The parties hereto have caused this Memorandum of Understanding to be executed this 22nd day of May 2023.

Bell Gardens Public Works Association: City of Bell Gardens:

______________________________ __________________________ Raul Silva, Date Michael B. O’Kelly, Date BGPWEA President City Manager

______________________________
Jorge Ramirez, Date
BGPWEA Representative

______________________________
Jesse Alcaraz, Date
BGPWEA Representative
101Exhibit 2

21 12027395.2 BE030-180

EXHIBIT A TO MOU

ADDENDUM TO EDUCATION REIMBURSEMENT AND INCENTIVE

PROGRAM
For Miscellaneous City Employees

This is an addendum to and replaces the “Incentive” section of the City’s Education Reimbursement and Incentive Program (see Exhibit B to MOU). This addendum applies to any and all determinations of education incentive pays on or after December 13, 2021. All existing and approved determinations of education incentive pay as of December 12, 2021 shall continue to be governed by the prior Incentive section of the Program.

The Incentive section of the program is superseded and shall now read as follows.

Purpose
In addition to the reimbursement portion of this program, it is the intent of the City to encourage completion of coordinated coursework which results in the receipt of a certificate or degree. Because there are many types of certificates and certificate programs, to be eligible for an education incentive pay, the employee shall obtain approval from their Department Head and the Personnel Department prior to starting / enrolling in any program.

Degree / Certificate Program Criteria
The certificate program that the employee is enrolled in must be in a related field and must require at least the equivalent of twenty (20) semester units. The degree shall also be in a related field in municipal government.

The aforementioned education incentive pay amounts are not cumulative and would only be paid for the highest degree(s) attained that is above the minimum job requirement. For example, an employee who has a Bachelor’s degree cannot receiv e an incentive for also having an Associate’s degree.

Exclusions

An employee is excluded from receiving a certificate incentive when the employee also has a degree in a similar field of study.

Since there is a bilingual incentive pay, which is separat e from the educational incentive and is paid to those who are conversant in Spanish, any employee who received reimbursement for conversational Spanish classes will have those costs deducted from the bilingual pay incentive.

102Exhibit 2

22 12027395.2 BE030-180
Incentive Amount Maximums
The maximum amount any one employee could receive as an education incentive pay, regardless of the number of approved certificates and degrees is $250 per month.

Sample Scenarios
Example 1: An employee, whose position requires a high school diploma or equival ent, has an Associate’s degree (AA) and an approved certificate.

Incentive Amount: $175 per month ($150 for BA/BSA + $25 for certificate); no payment for AA since paid for highest level of education obtained.

Example 3: An employee, whose position requires an Associate’s degree (AA), has a Bachelor’s degree (BA/BS) and an approved certificate.

Incentive Amount: $225 per month ($200 for MA/MS + $25 for certificate)

Procedures
Employees who wish to receive an education incentive pay shall follow these steps:

1. Request the educational institution to send a certified tran script (sealed official transcript) showing the degree or certificate to the Personnel Department.

2. The Personnel Department shall review the certified transcript for eligibility. Should the Personnel Department determine that the employee is eligible to re ceive the incentive, Personnel shall (initiate) cause a Personnel Transaction Form (PAF) showing the incentive to be paid.

3. Upon receipt of the completed and signed PAF by Finance, the amount will be entered into the payroll system for payment on the next payroll check.

23 12027395.2 BE030-180

EXHIBIT B TO MOU

104Exhibit 2

24 12027395.2 BE030-180

105Exhibit 2

25 12027395.2 BE030-180

106Exhibit 2

26 12027395.2 BE030-180

107Exhibit 2

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 7.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Hailes H. Soto, Assistant to the City Manager
SUBJECT:

APPROVAL OF REIMBURSEMENT AGREEMENT RENEWAL FOR SHELTER BEDS

WITHIN THE SALVATION ARMY BELL SHELTER
DATE:

May 22, 2023
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On May 9, 2022, the Bell Gardens City Council approved the Reimbursement Agreement for Shelter Beds within the Salvation Army Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 90201 with the cities of Bell, Commerce, Cudahy, Huntington Park, Maywood, South Gate and Vernon, collectively referred to as the Local Coordinating Alliance 1 (LCA1) for a term ending on June 30, 2023. The LCA1 Members agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within the provisional pilot program. The City of Bell leads the 40 low barrier crisis shelter beds at the Salvation Army Bell Shelter for shared priority use by the eight LCA 1 cities within the Gateway Cities Council of Governments. On June 2, 2022, the City of Bell provided final approval of the LCA1 Reimbursement Agreement (see Exhibit 2 - Original Reimbursement Agreement).

On April 26, 2023, the City Council of the City of Bell approved a renewal of the shelter agreements in form and provided authorization for the Bell City Manager to enter into discussions with the LCA1 cities to renew the Shelter Bed agreements under the same terms and conditions for Fiscal Year 2023-2024 (see Exhibit 3 - City of Bell Agenda Report April 26, 2023). The current agreements expire on June 30, 2023.

On May 3, 2023, the funding for $500,000 in Measure H Innovation Grant Funding was approved at the Gateway Cities Council of Governments (COG) Board meeting, and it was proposed that the same equal 1/8th share of costs be contributed by each LCA1 city ($31,379 for each LCA1 city in Fiscal Year 2023-2024) after the $500,000 COG grant is reimbursed to the City of Bell in FY 2023-2024. Without the COG grant, the City of Bell Gardens' shared cost would be three times the cost at approximately $93,000. With the COG grant, the City of Bell Gardens' estimated cost will only be approximately $31,379 for a term beginning July 1, 2023 and ending on June 30, 2024.

The final agreement renewal will be scheduled for the Bell City Council meeting of June 21, 2023.

In order to meet
that schedule, the City of Bell will need signatures from the participating LCA1 cities by June 7, 2023. 108
CONCLUSION:

The only thing that has changed in the updated LCA1 reimbursement agreement is the term length. The term of this Agreement will commence on July 1, 2023 and end on June 30, 2024 for a total of 366 days.

The bed cost amount
will be the same.

FISCAL IMPACT:

The City will allocate approximately $31,379 of the Fiscal Year 2022- 2023 City Budget General Fund for the City’s share of the Reimbursement Agreement Renewal for Shelter Beds within the Salvation Army Bell Shelter.

ATTACHMENTS:

Description
Exhibit 1 - Reimbursement Agreement Renewal
Exhibit 2 - Original Reimbursement Agreement
Exhibit 3 - City of Bell Agenda Report April 26, 2023
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 109

REIMBURSEMENT AGREEMENT
FOR

SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER

THIS REIMBURSEMENT AGREEMENT (“ Agreement ”) is entered into as of June __, 2023 (“ Effective Date ”) by and among the CITY OF BELL, a California charter city (“ Bell ”), the CITY OF BELL GARDENS , a California general law city (“ Bell Gardens ”),the CITY OF COMMERCE , a California general law city (“ Commerce ”), the CITY OF CUDAHY , a California general law city (“ Cudahy ”), the CITY OF HUNTINGTON PARK , a California general law city (“ Huntington Park ”), the CITY OF MAYWOOD , a California general law city (“ Maywood ”), the CITY OF SOUTH GATE , a California general law city (“ South Gate ”), and the CITY OF VERNON , a California charter city and municipal corporati on (“ Vernon ”), collectively referred to herein as the “ LCA1 Members ” and/or the “ Parties ”.

RECITALS
A. The cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon, are members of a Local Coor dinating Alliance 1 (“LCA1 ”), a cooperative working group of eight (8) entiti es developed within the Gateway Cities Council of Governments for subregion al homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 (“SPA 7 ”). The LCA1 Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Ang eles region within a provisional pilot program as described / outlined p ursuant to the terms in this Agreement.

B. Los Angeles County (First Supervisorial District) ( “ County ”) will separately participate with The Salvation Army for the same se rvices as set forth herein pursuant to a separate agreement directly with the Salvation Army Bell Shelter.

C. A “ Shelter Bed ” is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Army B ell Shelter located at 5600 Rickenbacker Rd, Bell, CA 90201, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless s upport services within such shelter. Depending on the service needs of the part icular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both cri sis and bridge housing beds are intended to provide a safe and supportive twenty-fo ur (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which no participant that is placed within the Salvation Army Bell Shelt er shall be required to commit to sobriety, or to commit to an adherence to medica tions for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building 1E. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter s ober living dormitories in Building 2A/B for participants who prefer to live in a more stable environment. The 110Exhibit 1

01135.0001/536707.2 -2-
number of beds provided in each housing type will be flexible to accommodate the shifting needs of the participants at any time.

D. It is expected that a number of participants enteri ng the pilot program will have significant barriers to employment and housing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services.

E. Client level data for this pilot program will be en tered into the Los Angeles Homeless Services Authority’s (“ LAHSA ”) Homeless Management Information System (“ HMIS ”). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to facilitate participant transfer and coordination among availab le regional homeless services programs.

F. The LCA1 Members currently participate in the Los A ngeles County Coordinated Entry System (“ County CES ”), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County.

Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be immediately available to address the nee ds of the local unhoused population in the Southeast Los Angeles County subr egion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight (8) participating LCA1 Members, in recognition of the local impacts of homelessness ex perienced by the LCA1 Members.

G. The LCA1 Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilo t program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effort to address the unhoused population that the LCA1 Members seek to assist.

H. This pilot program will require a great deal of coo peration among the LCA1 Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter.

I. The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES.

The Shelter Beds are contracted by various governme ntal and nonprofit entities, and the Salvation Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCA1 Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Bed s to be allocated to the LCA1 Members’ homeless population, based on certain conditions. 111Exhibit 1

K. To this end, the City of Bell and The Salvation Arm y, a California corporation (“ Salvation Army ”) have entered into an agreement, dated June __, 2 023, as set forth in Exhibit A (the “ Salvation Army Agreement ”), whereby the City of Bell, has acquired the prioritized right for thirty-six ( 36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCA1 Members’ homeless housing population.

L. Separately, the City of Bell, as lead agency, appli ed for and received a $500,000 Measure H Innovation Fund Grant (“ Measure H Grant ”) from the Gateway Cities Council of Governments, which reduces the total cos t of this pilot program to the eight (8) LCA1 Members. With Measure H Grant funds , the total estimated cost of the Salvation Army Agreement to the eight (8) pa rticipating LCA1 Members would be reduced by sixty-seven percent (67%) from $751,032 to $251,032. In return for the Measure H Grant award, the LCA1 Members agree that if the thirty- six (36) Shelter Beds cannot be filled by the LCA1 Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCA1 Members may not exceed fifty percent (50%) of the thirty-six (36) Shelter Beds, which is eighteen (18) out of the thi rty-six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 communities through this Agreement until Shelter Bed occupancy drops below n inety percent (90%) occupancy, or thirty-three (33) of the thirty-six (36) Shelter Beds.

M. The City of Bell shall appoint an individual to ser ve as a liaison to all LCA1 Members and the County (the “ Homeless Liaison ”), and shall work with the participating LCA1 Members and the County to coordinate the use of the prioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES.

N. The Shelter Beds are designed to provide the LCA1 M embers with an additional inventory of homeless shelter beds to address the s ignificant impacts of homelessness the LCA1 Members are experiencing. If any individuals choose to leave a placement at the Salvation Army Bell Shelte r, either of their own volition or for violating the rules and policies of the Salvation Army Bell Shelter, they will add to the unhoused population in the communities o f the Southeast Los Angeles subregion. Thus, the pilot program proposed by the LCA1 Members is designed to provide an enhanced level of support, resources, an d communication in order to ensure any placement of individuals within the Salvation Army Bell Shelter remain for as long as reasonably possible.
112Exhibit 1

AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows:

Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are i ncorporated in the terms of this Agreement. Specifically, the City of Bell is ackno wledged and agreed to as the lead agency, and its appointed Homeless Liaison is ackno wledged and agreed to, for purposes of this Agreement.

Section 2. Term; Termination .
(a) The term of this Agreement will commence on J uly 1, 2023 and end on June 30, 2024 (the “ Term ”) for a total of 366 days.
(b) In addition, this Agreement may be terminated after July 1, 2023, (i) at the convenience of any LCA1 Member following thirty (30 ) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement.

The City of Bell, as lead agency, may replace any p arty that terminates this Agreement with another city within the SPA7 area that executes an acknowledgement and acceptance of the terms of this Agreement (which, at the City of Bell’s discretion, may require an amendment to this Agreement).
(c) In the event of any termination by a LCA1 Memb er after July 1, 2023, and a replacement SPA 7 city is not immediately availab le to take such terminating Party’s share of the costs/payments required herein, then t he equitable share of costs for this Agreement (along with the allocation of the thirty- six (36) Shelter Beds for all LCA1 Members) provided in Section 3 below shall be adjusted accordingly.

Section 3. Cost and Payment. It is agreed and acknowledged that the Parties wil l share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and / or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salva tion Army Bell Shelter for any LCA1 Member’s homeless population, each LCA1 Member shall be required to pay the monthly 113Exhibit 1

As the City of Bell, as lead agency, was successful in procuring $500,000 in Measure H Grant funds from the Gateway Cities Council of Gove rnments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term.

Total Agreement Cost
The total cost of the Salvation Army Agreement is $ 751,032 calculated at thirty-six (36) Shelter Beds per day at a cost of $57 per bed / per day for 366 days.

The City of Bell will invoice the Gateway Cities Council of Governments for $500,000 in Measure H Grant fund reimbursements, which would re duce the total cost of this Agreement to $251,032.

Los Angeles County First Supervisorial District wil l enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty (40) under this pilot program.

The eight (8) LCA1 Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8
th ) share. Each of the eight (8) LCA1 Members will be billed a maximum of $31,379 of the remaining Agreement after Measure H Innovation Grant reimbursement of $251,032.

Monthly Invoice
The City of Bell, as lead agency, will submit the m onthly invoice it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCA1 Member upon five (5) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds.

Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCA1 Member shall be subject to the following specifications. In recognition of the complexity of the daily operatio ns of the Salvation Army Bell Shelter, and the unknown personal, regional, and local factors which affect Shelter Bed availability, the Parties agree that a high level of communicatio n, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not availa ble. There is no guarantee that a Shelter Bed is available at any specific time, as the complex and shifting factors that affect Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army 114Exhibit 1

01135.0001/536707.2 -6-
Bell Shelter. The purpose of this pilot program is to increase coordination and communication on homelessness within the LCA1 subre gion, to develop data at a subregional level, and to develop improved and effe ctive partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Army of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty-six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCA1 Members, for a total of four (4) beds. The remaining ninety percent (90%), or thirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCA1 Member. This distribution equals eight (8) LCA1 Members times four (4) beds each for a general inventory of thirty- two (32) beds. Initial intake into a public safety priority bed shall also require participation from a public safety agency (e.g., Bell Police Department, Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Depar tment, Vernon Police Department, etc.). Once the new resident is placed in a public safety bed and completes the facility intake process, they will be rotated from the priority public safety bed into one of the thirty- two (32) general beds, if a general bed is availabl e. If the LCA1 Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupanc y drops below ninety percent (90%), the Homeless Liaison may refer participants from no n LCA1 Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCA1 Member SPA 7 placements at any one time. The LCA1 Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent (90%) occupancy and meet their specific local needs depending on bed availability. The Salvation Army has agreed, p ursuant to the Salvation Army Agreement to coordinate in good faith to plan trans fers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran’s Administration program shelter beds, Department of Mental Health program shelter beds, Substance Abuse Prevention and Control program shelter beds) to increase the annual number of participants that can benefit from the thirty-six (36) prioritized Shelter Beds under the Salvation Army Agreement. The LCA1 Members acknowledge and agree that the thirty-six (36) Shelter Beds are not actually reserved or dedicated to the LCA1 Members’ homeless population, but are merely prioritized to them under the Salvat ion Army Agreement. Each day there shall be an analysis of the occupancy of Shelter Beds and allocations will be made available to each of the LCA1 Members through the Homeless Li aison in coordination with the LCA1 Members. As such, the effectiveness of this pilot program requires cooperation and consistent communication between the LCA1 Members a nd the Homeless Liaison, given the fluidity of available bed occupancy (and the ro tation in and out of such beds by homeless individuals).
(b) Recalculation of Crisis Housing Bed Inventory. In order to ensure the full and efficient use of the thirty-six (36) prior itized Shelter Beds, cooperation and communication between the Parties is essential. In formal analysis and recalculation of Shelter Bed use ratios shall occur every week day during the Term of this Agreement, and as needed, to use the available Shelter Beds effici ently. An initial thirty (30) day use analysis will be provided to the LCA1 Members by th e City of Bell and/or the Homeless Liaison after the Effective Date and a secondary si xty (60) day use analysis will be 115Exhibit 1

01135.0001/536707.2 -7-
provided to the LCA1 Members, in order to determine and agree to the most efficient bed use ratios. Thereafter, quarterly reviews will occu r to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot p rogram and how it could be improved.

Shelter Bed inventory flexibility is critical in order to effectively address conditions in the field (given the fact that individuals placed withi n the Salvation Army Bell Shelter will likely be rotating in and out frequently) and in or der to assess the success of program participants in receiving housing placement. As th is program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact for the Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below. (c) Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID-19 quarantine limits or holds on resident intake upon the execution of the Salvation Army Agreement, the Salv ation Army Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter’s daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCA1 Members must co ordinate placement of any such families to other shelters through the Homeless Lia ison during business hours or call 211 (www.211la.org ) to find suitable shelter or motel options for fam ilies in need. The Salvation Army Bell Shelter does not provide a kenn el to shelter the pets of unhoused individuals in need. The thirty-six (36) Shelter Be ds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular busi ness hours of 8:00 AM to 4:00 PM, Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four (4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability of the shelter to perform intake outside of regular business hours.

After hours domestic violence and/or other emergenc y placements are subject to the availability of an unoccupied safe room at the Salv ation Army Bell Shelter. Emergency intake is available after hours, however due to a l imited number of available safe rooms and due to COVID-19 protocols, after hours intake s hould only be for emergency situations. An after-hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial sta y of ninety (90) days. Two (90) day extensions are avail able upon request for participants actively working on a housing plan, for a maximum s tay of 270 days for any individual participant.
(f) COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID- 19 protocols for intake include but are not limited to, i) any incoming participant is tested on the day of or on the day after intake regardless of vaccine status, ii) if an incoming participant is vaccinated, the participant may move into a public safety prioritized bed. If a participant is not vaccinated, they must remain in quarantine until two negative COVID- 116Exhibit 1

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19 tests are received. The second test occurs seven to eight days after the first, with results generally available within three days. Modular home s located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability.
(g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in orde r to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically res erved, and the LCA1 Members must coordinate with the Homeless Liaison in order to en sure allocation of Shelter Beds for proposed participants. The Homeless Liaison will co ordinate daily with assigned LCA1 public safety agency assigned staff (as designated on the signature page to this Agreement) to report shelter bed inventory availability and to determine any planned public safety needs. The Homeless Liaison will coordinate daily w ith designated Salvation Army Bell Shelter staff to determine how many residents can b e transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCA1 Member’s proposed participant / homeless population within a Shelter Bed. (h) Reporting.
(i) Reporting by Salvation Army Bell Shelter: It i s expected that the Salvation Army Bell Shelter will provide, i) daily inventory count s to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (ii) Reporting by the Homeless Liaison: the Homele ss Liaison will reasonably endeavor to provide: i) a monthly report and the Sa lvation Army Bell Shelter invoice it received to all participating LCA1 cities and, ii) a quarterly report to the LCA1 Members and the Gateway Cities Council of Governments.
(iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes.
(iv) The following metrics and expected outcome me asures will be reasonably tracked and reported: i) a minimum of one hundred (100) unduplicated individuals will be served each year during the Term of this Agreement, with a goal of one hundred and fifty (150) unduplicated individuals over the Term of the Agreement, ii) twenty percent (20%) of participants (of those able to work – e.g. not d isabled or retired) will be employed by the expected exit date and, iii) thirty percent (30 %) of participants will exit to permanent housing and, iv) eighty five percent (85%) of parti cipants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved

Section 6. Defaults and Indemnification Provisions.
117Exhibit 1

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(a) Defaults. In the event any of the Parties shall fail to pay i ts required share of the costs of the Shelter Beds in any given month during the Term of this Agreement (or any extension approved by the Parties), then such party shall be in immediate default under this Agreement, and the City of Bell shall be entit led to, and may sue for, the payment of all such unpaid amounts (and the defaulting party shall pay interest at the lesser of (i) 10% per annum, or (ii), the maximum rate permitted by law) from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally ar e inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all P arties hereto. This subsection shall not limit any other rights, remedies, or causes of acti on that any party may have at law or equity.
(b) Indemnity by City of Bell. To the full extent permitted by law, the City of Bell agrees to indemnify, defend and hold harmless each of the other Parties, and their respective officers, employees and agents (“ Indemnified Parties ”) against, and will hold and save them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Army, arising out of or in connection with any defaults or failures asserted under the Salvati on Army Agreement against the City of Bell, and/or the City of Bell’s negligent performance of the activities, work, or operations provided under this Agreement, except claims or lia bilities occurring as a result of Indemnified Parties’ negligence or willful acts or omissions. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement.
(c) Indemnity by Parties . To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Partie s’ respective proportionate share of the costs due from each party as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respective officers, employees and agents against, and will hold and sav e them and each of them harmless from, any and all actions, either judicial, adminis trative, arbitration or regulatory claims, damages to persons or property, losses, costs, pena lties, obligations, errors, omissions or liabilities that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in connection with the Shelter Beds, the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance of the activities, work, or operations provided by the City of Bell or the Homeless Liaison under the Salvation Army Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstanding anything to the contrary herein, in the event any of the Parties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, th e Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts.

Section 6. Miscellaneous Provisions.
118Exhibit 1

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(a) Notices. All notices or other communications under this Agre ement shall be in writing and shall be delivered to the appropr iate party at the address set forth below (subject to change from time to time by written not ice to all other Parties to this Agreement). All notices, demands or other communic ations shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express mail, charges prepaid. Notices so sent shall be deemed effective one (1) business day after mailing or the same day as sent for electronic deli very. For purposes of notice, the addresses of the Parties shall be as set forth on the signature pages contained herein. (b) Attorneys’ Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, the prevailing party in such action or proceeding, in addition to any other reli ef which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. (c) Integration; Amendments. This Agreement including the attachments hereto is the entire, complete and exclusive expres sion of the understanding of the Parties (including the Salvation Army Agreement). It is un derstood that there are no oral agreements between the Parties hereto affecting thi s Agreement and this Agreement supersedes and cancels any and all previous negotia tions, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Army Agreement), and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writin g and approved by the City of Bell as the lead agency. The Parties agree that this requir ement for written modifications cannot be waived and that any attempted waiver shall be void.
(c) Counterparts. This Agreement may be executed in counterparts, eac h of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Signatures transmitted electronica lly shall be deemed originals for all purposes of this Agreement.
(d) Authority . The persons executing this Agreement on behalf of each of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bo und to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]

119Exhibit 1

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IN WITNESS WHEREOF , the Parties hereto have executed this Agreement o n the date and year first-above written.

CITY :

CITY OF BELL, a California charter city
____________________________________
Name:

Title:

Address: City Hall; 6330 Pine Ave, Bell, CA
90201

ATTEST:
_________________________________
Angela Bustamante, City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_________________________________
David J. Aleshire, City Attorney

120Exhibit 1

01135.0001/536707.2
CITY :

CITY OF BELL GARDENS,
a California general law city

By: __________________________
Name:

Title:

Address: ______________________

Public Safety Contact:
_________________________________
Staff Contact:
_________________________________

CITY :

CITY OF COMMERCE,
a California general law city

By: __________________________
Name:

Title:

Address: ______________________

Public Safety Contact:
_________________________________
Staff Contact:
_________________________________

CITY :

CITY OF CUDAHY,
a California general law city

By: ____________________________
Name:

Title:

Address: ______________________

Public Safety Contact:
_________________________________
Staff Contact:
121Exhibit 1

01135.0001/536707.2
_________________________________

CITY :

CITY OF HUNTINGTON PARK,
a California general law city

By: __________________________
Name:

Title:

Address: _______________________

Public Safety Contact:
_________________________________
Staff Contact:
_________________________________

CITY :

CITY OF MAYWOOD,
a California general law city

By: ___________________________
Name:

Title:

Address: ________________________

Public Safety Contact:
_________________________________
Staff Contact:
_________________________________

CITY :

CITY OF SOUTH GATE,
a California general law city

By: _____________________________
Name:

Title:
122Exhibit 1

01135.0001/536707.2

Address: _________________________

Public Safety Contact:
_________________________________
Staff Contact:
_________________________________

CITY :

CITY OF VERNON,
a California charter city

By: ____________________________
Name:

Title:

Address: ________________________

Public Safety Contact:
_________________________________
Staff Contact:
_________________________________

123Exhibit 1

REIMBURSEMENT AGREEMENT
FOR

SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of June 22, 2022 (“Effective Date”) by and among the CITY OF BELL, a California charter city (“Bell”), the CITY OF BELL GARDENS , a California general law city (“Bell Gardens”),the CITY OF COMMERCE, a California general law city (“Commerce”) , the CITY OF CUDAHY, a California general law city (“Cudahy ”), the CITY OF HUNTINGTON PARK, a California general law city (“Huntington Park”), the CITY OF MAYWOOD, a California general law city (“Maywood”), the CITY OF SOUTH GATE, a California general law city (“South Gate”) , and the CITY OF VERNON, a California charter city and municipal corporation (“Vernon”) , collectively referred to herein as the “LCA1 Members” and/or the “Parties”.

RECITALS
A. The cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon, are members of a Local Coordinating Alliance 1 (“LCA1”), a cooperative working group of eight (8) entities developed within the Gateway Cities Council of Governments for subregional homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 (“SPA 7”). The LCA1 Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within a provisional pilot program as described / outlined pursuant to the terms in this Agreement.

B. Los Angeles County (First and Fourth Supervisorial Districts) (“County”) will separately participate with The Salvation Army for the same services as set forth herein pursuant to separate agreements directly with the Salvation Army Bell Shelter.

C. A “Shelter Bed” is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Army Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 90201, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless support services within such shelter. Depending on the service needs of the particular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both crisis and bridge housing beds are intended to provide a safe and supportive twenty-four (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which n o participant that is placed within the Salvation Army Bell Shelter shall be required to commit to sobriety, or to commit to an adherence to medications for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building 1E. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter sober living dormitories in Building 2A/B for participants who prefer to live in a more stable environment. The 124Exhibit 2

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number of beds provided in each housing type will be flexible to accommodate the shifting needs of the participants at any time. D. It is expected that a number of participants entering the pilot program will have significant barriers to employment and housing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services. E. Client level data for this pilot program will be entered into the Los Angeles Homeless Services Authority’s (“LAHSA”) Homeless Management Information System (“HMIS”). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to facilitate participant transfer and coordination among available regional homeless services programs. F. The LCA1 Members currently participate in the Los Angeles County Coordinated Entry System (“County CES”), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County. Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be immediately available to address the needs of the local unhoused population in the Southeast Los Angeles County subregion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight (8) participating LCA1 Members, in recognition of the local impacts of homelessness experienced by the LCA1 Members. G. The LCA1 Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilot program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effort to address the unhoused population that the LCA1 Members seek to assist. H. This pilot program will require a great deal of cooperation among the LCA1 Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter. I. The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES. The Shelter Beds are contracted by various governmental and nonprofit entities, and the Salvation Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCA1 Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Beds to be allocated to the LCA1 Members’ homeless population, based on certain conditions. 125Exhibit 2

01135.0001/536707.2 -3-
J. The City of Bell will take the lead on behalf of the LCA1 Members plus the County to coordinate the prioritized use of forty-two (42) Shelter Beds within the Salvation Army Shelter through a Homeless Liaison (as such term is defined below), which shall be a designated staff member selected by the City of Bell to implement the pilot program under this Agreement that is separately funded by a Measure H Innovation Fund Grant reimbursement through the Gateway Cities Council of Governments. K. To this end, the City of Bell and The Salvation Army, a California corporation (“Salvation Army”) have entered into an agreement, dated June 8, 2022, as set forth in Exhibit A (the “Salvation Army Agreement”), whereby the City of Bell, has acquired the prioritized right for thirty-six (36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCA1 Members’ homeless housing population. L. Separately, the City of Bell, as lead agency, applied for and received a $500,000 Measure H Innovation Fund Grant (“Measure H Grant”) from the Gateway Cities Council of Governments, which reduces the total cost of this pilot program to the eight (8) LCA1 Members. With Measure H Grant funds, the total estimated cost of the Salvation Army Agreement to the eight (8) participating LCA1 Members would be reduced by sixty-seven percent (67%) from $740,772 to $240,772. In return for the Measure H Grant award, the LCA1 Members agree that if the thirty-six (36) Shelter Beds cannot be filled by the LCA1 Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCA1 Members may not exceed fifty percent (50%) of the thirty-six (36) Shelter Beds, which is eighteen (18) out of the thirty-six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 communities through this Agreement until Shelter Bed occupancy drops below ninety percent (90%) occupancy, or thirty-three (33) of the thirty-six (36) Shelter Beds. M. The City of Bell shall appoint an individual to serve as a liaison to all LCA1 Members and the County (the “Homeless Liaison”), and shall work with the participating LCA1 Members and the County to coordinate the use of the prioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES. N. The Shelter Beds are designed to provide the LCA1 Members with an additional inventory of homeless shelter beds to address the significant impacts of homelessness the LCA1 Members are experiencing. If any individuals choose to leave a placement at the Salvation Army Bell Shelter, either of their own volition or for violating the rules and policies of the Salvation Army Bell Shelter, they will add to the unhoused population in the communities of the Southeast Los Angeles subregion. Thus, the pilot program proposed by the LCA1 Members is designed to provide an enhanced level of support, resources, and communication in order to ensure any placement of individuals within the Salvation Army Bell Shelter remain for as long as reasonably possible. 126Exhibit 2

01135.0001/536707.2 -4-
O. The LCA1 Members agree that the costs of this Agreement will be shared equally among all of the LCA1 Members and they shall be required to pay their equal share each month during the term of this Agreement. If a LCA1 Member chooses to withdraw from this Agreement, other cities within the SPA 7 area may be added to this Agreement with priority provided to communities closest to the Salvation Army Bell Shelter (which addition may require an amendment or supplement to this Agreement as determined by the City of Bell). The intent of the LCA1 Members is to retain a minimum of eight (8) participating entities, in order to ensure, i) that the cost of this Agreement is not prohibitive for any one member and, ii) that the Shelter Beds remain ninety percent (90%) occupied during the term of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows: Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are incorporated in the terms of this Agreement. Specifically, the City of Bell is acknowledged and agreed to as the lead agency, and its appointed Homeless Liaison is acknowledged and agreed to, for purposes of this Agreement. Section 2. Term; Termination. (a) The term of this Agreement will commence on July 5, 2022 and end on June 30, 2023 (the “Term”) for a total of 361 days. (b) In addition, this Agreement may be terminated after June 30, 2022, (i) at the convenience of any LCA1 Member following thirty (30) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement. The City of Bell, as lead agency, may replace any party that terminates this Agreement with another city within the SPA7 area that executes an acknowledgement and acceptance of the terms of this Agreement (which, at the City of Bell’s discretion, may require an amendment to this Agreement). (c) In the event of any termination by a LCA1 Member after June 30, 2022, and a replacement SPA 7 city is not immediately available to take such terminating Party’s share of the costs/payments required herein, then the equitable share of costs for this Agreement (along with the allocation of the thirty-six (36) Shelter Beds for all LCA1 Members) provided in Section 3 below shall be adjusted accordingly. Section 3. Cost and Payment. It is agreed and acknowledged that the Parties will share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and / or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salvation Army Bell Shelter for any LCA1 Member’s homeless population, each LCA1 Member shall be required to pay the monthly 127Exhibit 2

01135.0001/536707.2 -5-
amount due under this Agreement on the first day of each month of the Term of this Agreement to the City of Bell in order for the City of Bell to pay any and all monthly invoices received from the Salvation Army without delay. If the invoice received by the City of Bell from the Salvation Army for the use of the Shelter Beds in any given month is less than the amount collectively paid by the LCA1 Members for such month, then the City of Bell shall promptly refund any such overcharge to each of the LCA1 Members on an equal basis. As the City of Bell, as lead agency, was successful in procuring $500,000 in Measure H Grant funds from the Gateway Cities Council of Governments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term. Total Agreement Cost The total cost of the Salvation Army Agreement is $740,772 calculated at thirty-six (36) Shelter Beds per day at a cost of $57 per bed / per day for 361 days. The City of Bell will invoice the Gateway Cities Council of Governments for $500,000 in Measure H Grant fund reimbursements, which would reduce the total cost of this Agreement to $240,772. Los Angeles County First Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds. Los Angeles County Fourth Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for two (2) additional Shelter Beds, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty-two (42) under this pilot program. The eight (8) LCA1 Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8th) share. Each of the eight (8) LCA1 Members will be billed a maximum of $30,096.50 of the remaining Agreement after Measure H Innovation Grant reimbursement of $240,772. Monthly Invoice The City of Bell, as lead agency, will submit the monthly invoice it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCA1 Member upon five (5) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds. Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCA1 Member shall be subject to the following specifications. In recognition of the complexity of the daily operations of the Salvation Army Bell Shelter, and the unknown personal, regional, and local factors which affect Shelter Bed availability, the Parties agree that a high level of communication, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not available. There is no guarantee that a 128Exhibit 2

01135.0001/536707.2 -6-
Shelter Bed is available at any specific time, as the complex and shifting factors that affect Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army Bell Shelter. The purpose of this pilot program is to increase coordination and communication on homelessness within the LCA1 subregion, to develop data at a subregional level, and to develop improved and effective partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Army of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty-six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCA1 Members, for a total of four (4) beds. The remaining ninety percent (90%), or thirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCA1 Member. This distribution equals eight (8) LCA1 Members times four (4) beds each for a general inventory of thirty-two (32) beds. Initial intake into a public safety priority bed shall also require participation from a public safety agency (e.g., Bell Police Department, Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Department, Vernon Police Department, etc.). Once the new resident is placed in a public safety bed and completes the facility intake process, they will be rotated from the priority public safety bed into one of the thirty-two (32) general beds, if a general bed is available. If the LCA1 Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupancy drops below ninety percent (90%), the Homeless Liaison may refer participants from non LCA1 Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCA1 Member SPA 7 placements at any one time. The LCA1 Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent (90%) occupancy and meet their specific local needs depending on bed availability. The Salvation Army has agreed, pursuant to the Salvation Army Agreement to coordinate in good faith to plan transfers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran’s Administration program shelter beds, Department of Mental Health program shelter beds, Substance Abuse Prevention and Control program shelter beds) to increase the annual number of participants that can benefit from the thirty-six (36) prioritized Shelter Beds under the Salvation Army Agreement. The LCA1 Members acknowledge and agree that the thirty-six (36) Shelter Beds are not actually reserved or dedicated to the LCA1 Members’ homeless population, but are merely prioritized to them under the Salvation Army Agreement. Each day there shall be an analysis of the occupancy of Shelter Beds and allocations will be made available to each of the LCA1 Members through the Homeless Liaison in coordination with the LCA1 Members. As such, the effectiveness of this pilot program requires cooperation and consistent communication between the LCA1 Members and the Homeless Liaison, given the fluidity of available bed occupancy (and the rotation in and out of such beds by homeless individuals). (b) Recalculation of Crisis Housing Bed Inventory. In order to ensure the full and efficient use of the thirty-six (36) prioritized Shelter Beds, cooperation and communication between the Parties is essential. Informal analysis and recalculation of Shelter Bed use ratios shall occur every week day during the Term of this Agreement, and as needed, to use the available Shelter Beds efficiently. An initial thirty (30) day use 129Exhibit 2

01135.0001/536707.2 -7-
analysis will be provided to the LCA1 Members by the City of Bell and/or the Homeless Liaison after the Effective Date and a secondary sixty (60) day use analysis will be provided to the LCA1 Members, in order to determine and agree to the most efficient bed use ratios. Thereafter, quarterly reviews will occur to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot program and how it could be improved. Shelter Bed inventory flexibility is critical in order to effectively address conditions in the field (given the fact that individuals placed within the Salvation Army Bell Shelter will likely be rotating in and out frequently) and in order to assess the success of program participants in receiving housing placement. As this program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact for the Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below. (c) Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID-19 quarantine limits or holds on resident intake upon the execution of the Salvation Army Agreement, the Salvation Army Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter’s daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCA1 Members must coordinate placement of any such families to other shelters through the Homeless Liaison during business hours or call 211 (www.211la.org) to find suitable shelter or motel options for families in need. The Salvation Army Bell Shelter does not provide a kennel to shelter the pets of unhoused individuals in need. The thirty-six (36) Shelter Beds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular business hours of 8:00 AM to 4:00 PM, Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four (4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability of the shelter to perform intake outside of regular business hours. After hours domestic violence and/or other emergency placements are subject to the availability of an unoccupied safe room at the Salvation Army Bell Shelter. Emergency intake is available after hours, however due to a limited number of available safe rooms and due to COVID-19 protocols, after hours intake should only be for emergency situations. An after-hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial stay of ninety (90) days. Two (90) day extensions are available upon request for participants actively working on a housing plan, for a maximum stay of 270 days for any individual participant. (f) COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID-19 protocols for intake include but are not limited to, i) any incoming participant is tested on the day of or on the day after intake regardless of vaccine status, ii) if an incoming 130Exhibit 2

01135.0001/536707.2 -8-
participant is vaccinated, the participant may move into a public safety prioritized bed. If a participant is not vaccinated, they must remain in quarantine until two negative COVID-19 tests are received. The second test occurs seven to eight days after the first, with results generally available within three days. Modular homes located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability. (g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in order to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically reserved, and the LCA1 Members must coordinate with the Homeless Liaison in order to ensure allocation of Shelter Beds for proposed participants. The Homeless Liaison will coordinate daily with assigned LCA1 public safety agency assigned staff (as designated on the signature page to this Agreement) to report shelter bed inventory availability and to determine any planned public safety needs. The Homeless Liaison will coordinate daily with designated Salvation Army Bell Shelter staff to determine how many residents can be transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCA1 Member’s proposed participant / homeless population within a Shelter Bed. (h) Reporting. (i) Reporting by Salvation Army Bell Shelter: It is expected that the Salvation Army Bell Shelter will provide, i) daily inventory counts to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (ii) Reporting by the Homeless Liaison: the Homeless Liaison will reasonably endeavor to provide: i) a monthly report and the Salvation Army Bell Shelter invoice it received to all participating LCA1 cities and, ii) a quarterly report to the LCA1 Members and the Gateway Cities Council of Governments. (iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes. (iv) The following metrics and expected outcome measures will be reasonably tracked and reported: i) a minimum of one hundred (100) unduplicated individuals will be served each year during the Term of this Agreement, with a goal of one hundred and fifty (150) unduplicated individuals over the Term of the Agreement, ii) twenty percent (20%) of participants (of those able to work – e.g. not disabled or retired) will be employed by the expected exit date and, iii) thirty percent (30%) of participants will exit to permanent housing and, iv) eighty five percent (85%) of participants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved 131Exhibit 2

01135.0001/536707.2 -9-
Section 6. Defaults and Indemnification Provisions. (a) Defaults. In the event any of the Parties shall fail to pay its required share of the costs of the Shelter Beds in any given month during the Term of this Agreement (or any extension approved by the Parties), then such party shall be in immediate default under this Agreement, and the City of Bell shall be entitled to, and may sue for, the payment of all such unpaid amounts (and the defaulting party shall pay interest at the lesser of (i) 10% per annum, or (ii), the maximum rate permitted by law) from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity. (b) Indemnity by City of Bell. To the full extent permitted by law, the City of Bell agrees to indemnify, defend and hold harmless each of the other Parties, and their respective officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Army, arising out of or in connection with any defaults or failures asserted under the Salvation Army Agreement against the City of Bell, and/or the City of Bell’s negligent performance of the activities, work, or operations provided under this Agreement, except claims or liabilities occurring as a result of Indemnified Parties’ negligence or willful acts or omissions. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. (c) Indemnity by Parties. To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Parties’ respective proportionate share of the costs due from each party as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respective officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in connection with the Shelter Beds, the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance of the activities, work, or operations provided by the City of Bell or the Homeless Liaison under the Salvation Army Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstanding anything to the contrary herein, in the event any of the Parties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, the Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell 132Exhibit 2

01135.0001/536707.2 -10-
shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts. Section 6. Miscellaneous Provisions. (a) Notices. All notices or other communications under this Agreement shall be in writing and shall be delivered to the appropriate party at the address set forth below (subject to change from time to time by written notice to all other Parties to this Agreement). All notices, demands or other communications shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express mail, charges prepaid. Notices so sent shall be deemed effective one (1) business day after mailing or the same day as sent for electronic delivery. For purposes of notice, the addresses of the Parties shall be as set forth on the signature pages contained herein. (b) Attorneys’ Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. (c) Integration; Amendments. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties (including the Salvation Army Agreement). It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Army Agreement), and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the City of Bell as the lead agency. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. (c) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Signatures transmitted electronically shall be deemed originals for all purposes of this Agreement. (d) Authority. The persons executing this Agreement on behalf of each of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 133Exhibit 2
134 Exhibit 2
135Exhibit 2
CITY :

CITY OF BELL GARDENS ,
a California general law city
By: ---------
Name:

Title:

Address: ----------
Public Safety Contact:

Staff Contact:

CITY :

CITY OF COMMERCE ,
a California general law city
By: ---------
Name :

Title :

Address : ----------
Public Safety Contact:

Staff Contact:

CITY:

CITY OF CUDAHY,
a California general law city
By: (A~ (\~
Name: Af6nsc:Noyoa)icMA-CM
Title : City Manager
Address: 5220 Santa Ana Street, Cudahy CA 90201
Public Safety Contact: Deputy Moises Montes
Staff Contact: Andres Rangel
01135 .000 1/536707 .2
136Exhibit 2

01135.0001/536707.2
_________________________________

CITY:

CITY OF HUNTINGTON PARK,
a California general law city

By: __________________________
Name: Ricardo Reyes
Title: City Manager

Address: 6550 Miles Ave
Huntington Park, CA 90255

Public Safety Contact:

Cosme Lozano
Police Chief
Staff Contact:

Steve Forster
Community Development Director

CITY:

CITY OF MAYWOOD,
a California general law city

By: ___________________________
Name:

Title:

Address: ________________________

Public Safety Contact:
_________________________________
Staff Contact:
_________________________________

DocuSign Envelope ID: 5474483A-4515-4D30-9C5A-FC54AFEEDB49 137Exhibit 2
01135.0001/536707.2
_________________________________
CITY:

CITY OF HUNTINGTON PARK,
a California general law city
By: __________________________
Name:

Title:

Address: _______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:

CITY OF MAYWOOD,
a California general law city
By: ___________________________
Name: Heber Marquez
Title: Mayor
Address: 4319 E Slauson Ave,
Maywood, CA 90270
Public Safety Contact: _Steve Fowler,
Director of Building and Planning
Staff Contact: ___(323) 562-5721_
CITY:

CITY OF SOUTH GATE,
a California general law city
By: _____________________________
Name:

Title:

DocuSign Envelope ID: 4EF0A8F7-AA58-4FEA-B643-782AE56D1EED 138Exhibit 2
DocuSign Envelope ID: 4EFOA8F7-AA58-4FEA-B643-782AE56D1 EED CITY:

CITY OF HUNTINGTON PARK,
a California general law city
BY:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:

CITY:

CITY OF MAYWOOD,
Name: Heber Mar-q-u- ez-
Title: Mayor
Address: 4319 E Slauson Ave,
Maywood, CA 90270
Public Safety Contact: Steve Fowler,
Director of Building and Planning
Staff Contact: (323) 562-5721
CITY:

CITY OF SOUTH GATE,
a California genera2 iw citz
Name: Al 8j@53
Title: Mayor
AT 7ST
Chris Jeffers
Interim City M nager
01 135.0001/536707.2
139Exhibit 2
Address: 8650 California Ave.

South Gate, CA 90280
Public Safety Contact:

Lieutenant Evelyn Garcia
Staff Contact:
323) 563-9508
CITY:

CITY OF VERNON,
a Cali{aornia cliarter city
Title: Mayor
Address:4305 S. Santa Fe Ave., Vernon CA 90058
Public Safety Contact:

Robert Sousa, Chief of Police
Staff Contact:

Angela Kimmey, Deputy City Administrator
PR V AS TO FORM:

Raul F. Salinas
City Attorney
Lisa Pope, City Clerk
APPROVED AS TO FORM:
!ussa,
Interim City Attorney
Of135.0001/5]6707 2
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 8.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Bernardo Iniguez, Director of Public Works
Douglas Benash, P.E., City Engineer
SUBJECT:

ADOPTION OF RESOLUTION FOR SB1 FUNDING PROJECT LIST
DATE:

May 22, 2023
RECOMMENDATION:

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

1 .

Adopt the attached Resolution approving the Fiscal Year 2023-2024 project list for Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017; and
2 .

Authorize staff to
upload the Resolution with the list of streets to the California Transportation Commission (CTC) website.

BACKGROUND/DISCUSSION:

On April 28, 2017, the Governor signed Senate Bill 1, Road Repair and Accountability Act of 2017, to address transportation funding shortfalls statewide, SB1 increases the per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. SB1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund. Beginning in January 2018, the State Controller deposited funds generated from increased fuel taxes and vehicle registration fees in the RMRA. A portion of the RMRA funds are distributed on a monthly basis to the City for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems.

It is estimated that the City will receive $674,373 in Fiscal Year (FY) 2023-2024 from RMRA funds. In order for the City to receive said RMRA funding, the City Council must adopt a resolution. Additionally, each City must submit a list of proposed street repairs to the CTC before the deadline of July 1, 2023.

Pursuant to the State Controller’s Office Guidelines for Expenditure of Gas Tax Revenues and the SB1 Road Maintenance and Rehabilitation Account FAQ’s, “A city or county can use the RMRA-LSR funds to reimburse the costs of work performed by its own employees on street-related or road-related projects that are otherwise RMRA- eligible and in compliance with applicable state laws and regulations.” The projects and work completed by this staff should be shown in the description on the project list.

Based on the City’s maintenance needs and the Pavement Management System (PMS), staff is recommending the following street projects for road maintenance and rehabilitation will be funded in part or soley with FY 2023-2024 RMRA revenues:

1 .

Sidewalks, Curb and Gutter Replacements, Citywide
2 .

Street Signage Replacement, Citywide
213
3 .

Annual Pavement Striping& Markings Project, Citywide
4 .

Pothole Repairs and AC Overlay Maintenance Project, Various Streets

Additionally, pursuant to SB1, the following list of proposed projects will be funded in part or solely with FY 2023- 2024 RMRA revenues:

Street Name
Beginning
Ending
Loveland Street
Perry Road
Suva Street
Charner Street
Foster Bridge Blvd
Emil Avenue
Suva Street
Foster Bridge Blvd
Loveland Street
Foster Bridge Blvd
Emil Avenue
East City Limits

The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these, new road funds do not supplant existing levels of city or county generated revenue spending on streets and roads. The MOE for the receipt of RMRA funds state that a city or county must maintain general fund spending for street, road, and highway purposes at no less than the average of 2009-10, 2010-11 and 2011-12 years. The MOE for Bell Gardens is $454,405, which the City has met.

The use of RMRA local streets and roads funds is similar but, not identical, to Highway Users Tax Account (HUTA/Gas Tax) use rules. Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects “that include, but not limited to,” the following: road maintenance and rehabilitation, safety projects, railroad grade separations, traffic control devices, complete street components, “including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project.” The project list must be included in the City’s adopted budget and updated every year.

Priority funding will be given to maintenance projects that address citywide deficiencies such as pothole repairs and sidewalk replacement. Road rehabilitation capital projects will be designed and constructed as funding becomes available.

CONCLUSION:

Adopting the resolution and submitting the list of proposed streets to the California Transportation Commission prior to the deadline of July 1, 2023, will secure the RMRA funding for FY 2023-2024.

FISCAL IMPACT:

There is no fiscal impact in adopting the resolution, however adopting it will secure $974,373 in RMRA funding for FY 2023-2024 for basic road maintenance, rehabilitation and critical safety projects on local streets.

ATTACHMENTS:

Description
Exhibit 1 - Resolution No. 2023-35
APPROVED ELECTRONICALLY BY:
214
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 215
RESOLUTION NO. 2023-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS, CALIFORNIA, ADOPTING FISCAL YEAR 2023-24 L IST OF PROJECTS PURSUANT TO SENATE BILL 1 ROAD MAINTENANCE
REHABILITATION ACCOUNT (RMRA) AND FUNDED BY SB 1: T HE
ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant m ulti-modal transportation funding shortfalls statewide; and

WHEREAS, in order to receive an allocation or apportionment pursuant to Section 2032, the City of Bell Gardens shall annual ly expend from its general fund for street, road, and highway purposes an amount not le ss than the annual average of its expenditures from its general fund during the 2009– 10, 2010–11, and 2011–12 fiscal years, as reported to the Controller pursuant to Section 2151; and

WHEREAS, SB 1 includes accountability and transparency prov isions that will ensure the residents of the City of Bell Gardens are aware of the projects proposed for funding in our community and which projects have be en completed each fiscal year; and

WHEREAS, the City of Bell Gardens must adopt by resolution a list of projects proposed to receive fiscal year funding from the Ro ad Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City of Bell Gardens will receive an estimated $974,373 in Fiscal Year (FY) 2023-2024 in RMRA funding from SB 1; and

WHEREAS, this is the fifth year in which the City of Bell Gardens is receiving SB 1 funding and will enable the City to continue esse ntial road maintenance and rehabilitation projects, safety improvements and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City of Bell Gardens has undergone a robust pu blic process to ensure public input into our community’s transportation priorities/the project list; and

216Exhibit 1
Resolution No. 2023-35
2 of 4

WHEREAS, the City of Bell Gardens used a Pavement Managemen t System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that meet the community ’s priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate several streets and active transportation infrastructure throughout the City this year and various similar projects into the future; and

WHEREAS, the 2018 California Statewide Local Streets and Ro ads Needs Assessment found that the City/County’s streets and roads are in a at risk to poor condition and this revenue will help the City increase the overall quality of our roadway network and over the next decade will bring our streets and roads into a good condition; and

WHEREAS, the SB 1 project list and overall investment in ou r local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge tech nology, materials and practices, will have significant positive co-benefits statewide; and

WHEREAS, the local street and road system is critical for i nterconnectivity, multimodal needs, and commerce; and

WHEREAS, police, fire, and emergency medical services requi re safe, reliable roads and streets to respond to emergency calls, delays of which can result in death; and

WHEREAS, the SB 1 Project List and overall investments in lo cal streets, roads, and infrastructure with a focus on basic maintenanc e and safety will have significant positive benefits locally and statewide; and

WHEREAS, the project list is necessary for the consideration of appropriating SB 1 funds by the California Transportation Committee under the RMRA; and

WHEREAS, the City of Bell Gardens’ Public Works Department will improve the citywide roadway network during the Fiscal Year 202 3-24 (July 1, 2023 through June 30, 2024); and

WHEREAS, the City’s public right-of-way, including the road way network, parkways, sidewalks, cur & gutter and other infrastructure amenities, will be augmented

utilizing various street improvement methods, and d epending on the roadway coating 217Exhibit 1
Resolution No. 2023-35
3 of 4

application, for an estimated useful life between 10 and 15 years.

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

SECTION 1. The foregoing recitals are true and correct and in corporated herein by this reference.

SECTION 2. The City Council of the City of Bell Gardens hereby adopts the entire Citywide roadway network as part of improvements performed by the City’s Public Works Department, which are based on the City’s maintenance needs for road maintenance and rehabilitation under RMRA funding. The proposed ite ms will be funded in-part or solely with fiscal year 2023-2024 Road Maintenance and Rehabilitation Account Revenues:

Sidewalks, Curb and Gutter Replacement, Citywide
Street Signage Replacement, Citywide
Annual Pavement Striping & Markings Project, Citywide
Pothole Repairs and A/C Overlay Maintenance Project, Various Streets

SECTION 3. Pursuant to SB1, the following list of proposed projects will be funded in-part or solely with fiscal year 2023-24 Road Mai ntenance and Rehabilitation Account revenues:

Street Name Beginning Location Ending Location
Loveland Street Perry Road Suva Street
Charner Street Foster Bridge Blvd Emil Avenue
Suva Street Foster Bridge Blvd Loveland Street
Foster Bridge Blvd Emil Avenue East City Limits

SECTION 4. The Mayor is hereby authorized to sign this Resolu tion required by the California Transportation Commission for the Ci ty of Bell Gardens to be considered for appropriation of SB 1 Road Rehabilitation Maintenance Account funds.

SECTION 5. The City Manager is hereby authorized to execute and administer any agreements required under the SB 1 Road Rehabilitation Maintenance Account funds and execute any ancillary agreements or documents reasonably necessary to effectuate the intent of this Resolution.

218Exhibit 1
Resolution No. 2023-35
4 of 4

SECTION 6. The City Clerk shall attest and certify to the pa ssage and adoption of this Resolution and enter it into the book of or iginal resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, AND ADOPTED this 22
th day of May, 2023.

THE CITY OF BELL GARDENS

________________________________
Alejandra Cortez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ _________________ _______________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
219Exhibit 1

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 9.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Elizabeth Nava, Director of Recreation and Community Services SUBJECT:

AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR FORD PARK AQUATICS

CENTER CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
DATE:

May 22, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Adopt the attached resolution; and

BACKGROUND/DISCUSSION:

On March 2, 2023, the City issued a Request for Proposal ("RFP") for Construction Management and Inspection Services for the Ford Park Aquatics Center project. As was stated in the RFP, the city used a qualification-based selection process to rank the proposals. This process is used to select the most qualified consultant available for this assignment that demonstrates a thorough understanding of the City's needs and the ability to deliver the project in a reasonable timeframe and for a reasonable fee.

Additionally, the Ford Park Aquatics Center Project is partially funded by Community Development Block Grant (CDBG) funds which have specific requirements that must be adhered to for construction of the new facility. A mandatory meeting was held by the City Staff and the City's consultant, Michael Baker International, to provide clarification and detailed explanation of the CDBG forms and requirements as given in the RFP. The City received proposals from 5 firms, all of which attended the mandatory meeting. The proposals were first reviewed by Michael Baker International to verify that all CDBG requirements were met. Of the 5 proposals, 4 were found responsive after the first review by Michael Baker International.

The 4 Proposers that passed the initial review were then reviewed and ranked by a panel comprised of City Staff and outside consultants. Proposals were ranked based on the criteria identified in the RFP which included expertise, experience and training plus prior contract history, project approach, schedule control, and compliance with the RFP.

Interviews with the 4 Proposers were held after the proposal review. Scores were given to each Proposer based on their answers and how they demonstrated their ability to be successful on a project with such specificity and magnitude. Their proposal review scores, and interview scores were combined and averaged based off the 4 raters.

Below is a table that shows each Proposer, their rank, and their proposed fee for service. Fees were not considered 220
in the ranking process and were not viewed until after ranks were given.

RANK
FIRM

COMBINED
SCORE
*ORIGINAL

PROPOSED
FEE
1 Ardurra

92.5 $2,170,304.00
2 Griffin
Structure

88.25 $1,690,000.00
3 Anser
Advisory
Management,
LLC
82 $2,224,331.44
4 Infrastructure
Engineers
72 $3,134,059.00
5 Ledesma &
Meyer
Non-
Responsive
$1,200,000.00

*Staff have reached out to the top-ranked firm in order to negotiate their fees. They have agreed to lower their fees so that the total cost of the agreement, which includes both their service fee and optional services will not exceed $2,040,352.

CONCLUSION:

After a thorough review of proposals and in-depth interview process, responsive and qualified Proposers were ranked on their demonstrated understanding, competence, and qualifications for the types of services required in the Ford Park Aquatics Center Construction Management and Inspection Services RFP. It is Staff’s position that the most qualified firm has displayed the best ability to be successful with this project.

FISCAL IMPACT:

This service will be paid for in part out of the General Fund as well as CDBG Funds and other grants from various sources. The total amount of the agreement will not exceed $2,040,352 for the term of the agreement.

ATTACHMENTS:

Description
Exhibit 1- Resolution 2023-36
Exhibit 2- Sample Agreement
Exhibit 3 - RFP with Addendums
Exhibit 4 - Proposal 1
Exhibit 5 - Proposal 1- Fee
Exhibit 6 - Proposal 2
Exhibit 7 - Proposal 2- Addendum 3
Exhibit 8 - Proposal 2 - Fee
Exhibit 9 - Proposal 3
Exhibit 10 - Proposal 3 - Fee
Exhibit 11 - Proposal 4
Exhibit 12 - Proposal 4 - Fee
Exhibit 13 - Proposal 5
Exhibit 14 - Proposal 5 - Fee
221
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L

GARDENS, CALIFORNIA, APPROVING A PROFESSIONAL SERVI CES

AGREEMENT FOR CONSTRUCTION AND MANAGEMENT

INSPECTION SERVICES THE FORD PARK AQUATIC CENTER

WHEREAS, the City of Bell Gardens (“City”) requires professional service s agreement for construction and management inspectio n services for the Ford Park Aquatics Center project; and

WHEREAS, City has undergone a Request for Proposals (“RFP”) process in accordance with the City’s Purchasing Policies and State Law; and

WHEREAS, City desires to enter into a professional services agreement for construction management services agreement with the most qualified consultant.

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 finds that the City has complied with its local purchasing policy and state law through the issuance of a Request for Proposals.

SECTION 3. The City Council hereby approves a professional services agreement for construction management services for the Ford Park Aquatic Center.

SECTION 4. The City Council further authorizes the City Manage r to execute the professional services agreement for construction management services for the Ford Park Aquatic Center with the most qualified consultant, subject to City Attorney approval, and consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

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

[Signatures on the following page ]

223Exhibit 1
Resolution No. 2023-36
2 of 2

PASSED, APPROVED AND ADOPTED this 22
nd day of May 2023.

THE CITY OF BELL GARDENS

________________________________
Alejandra Cortez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ _________________ _______________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

224Exhibit 1

2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: CONSTRUCTION MANAGEMENT /CMI SERVICES FOR

FORD PARK AQUATIC CENTER)
(Parties: City of Bell Gardens and INSERT CONSULTANT NAME)

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2023 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME (hereinafter, “CONSULTANT”).

For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties .” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS

WHEREAS, CITY requires professional consulting services ; and

WHEREAS, on CITY issued a Request for Proposals for
; and

WHEREAS, CIT Y staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently pr ovide such services to CITY; and

WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

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

ENGAGEMENT TERMS

1. SCOPE OF WORK:

1.1 CITY retains CONSULTANT to perform, and CONSULTANT agrees to provide to and perform for CITY, for consideration and upon the terms and conditions set forth below, construction manage ment servi ces specified in t his Agreement.

CONSULTANT agrees to perform such services as expeditiously as possible and consistent with professional skill and care and the orderly progress of the specific project for which CONSULTANT is providing services. All services performed by CONSULTANT under and required by this Agreement shall be performed (a) in compliance with this Agreement, and (b) in a manner consistent with the level of care and skill ordinarily exercised by CONSULTANT in the same discipline, o n similar projects in California and with similar complexity, who are specially qualified to provide the services required by 225Exhibit 2

CITY and other municipalities; and all such services shall be conducted in conformity with, and compliance with, all applicable Federal, State and local laws, including but not limited to statutes, decisions, regulations, building or other codes, ordinances, and the Americans with Disabilities Act (“ADA”). CONSULTANT shall be responsible for the completeness and accuracy of its work product. The CONSULTANT ser vices shall be provided as required by this Agreement.

1.2 Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY enti tled “ ___________________” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “______________” (hereinafter, the “CONSULTANT PROPOSAL”) dated ________________________. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the var ious services and tasks refe renced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 As more specifically described in the Scope of Work, CONSULTANT shall provide services during the pre-bid, construction administration and close-out phases for the Project. CONSULTANT's b asic services will also include management, and coordination of all design and specialty consultants, contractors, vendors, and suppliers' work rendered in connection with the construction of the project, including coordination of the planning and execution of the project with the CITY’s Director of Public Works.

2. PROJECT SCHEDULE

2.1 Time is of the essence and failure of CONSULTANT to perform services on time as specified in this Agreement, is a materi al breach of this Agreement. It shall not be a material breach if a delay is reasonably unforeseeable and beyond CONSULTANT 's reasonable control.

2.2 The completion times set forth herein are binding, unless extended in writing by CITY.

2.3 Except as otherwise provided herein, any time during which CONSULTANT is delayed by acts of negligence of CITY or its employees or those in a direct contractual relationship with CITY or by Force Majeure Circumstances which delays were not or could not have been reasonably foreseen and provided for, and which are not due to any fault or negligence on the part of CONSULTANT, is included in the amount of CONSULTANT 226Exhibit 2

compensation in Section 6. CITY shall not be liable for the damages to CONSULTANT on account of such delays.

2.4 CONSULTANT shall, immediately upon ascertainment, notify CITY of any delay in: (i) the preparat ion and/or production of any of CONSULTANT 's documents hereunder, (ii) CONSULTANT 's services, or (iii) connection with any matter attended to by CONSULTANT or with which CONSULTANT is familiar (whether or not as the result of an act or omission of another) which would affect or delay the project or the project schedule. CONSULTANT shall consult and advise CITY in connection with any such delay in its effect on the project schedule and shall take such action on CITY's behalf as CITY may request in accordance with the terms and conditions of this Agreement.

2.5 CITY may, in its sole discretion, establish a reasonable response time standard for CONSULTANT 's performance of services: e.g., review and approval of shop drawings, preparation of change orders and field orders, interpretation of any contract documents, or review of requests to substitute materials. These specific response times shall be considered to be reasonable and CONSULTANT will not exceed them unless, at the time of the action which necessitates a response, CONSULTANT indicates that a longer response time is necessary and gives a written explanation of the reasons why an extended response time wi ll be neede d. Any exte nsion of the response time must be approved by CITY. Insufficiency of personnel shall not be an adequate excuse for delay by CONSULTANT or CONSULTANT's subconsultants.

3. TERM

3.1 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 Notice to Pro ceed. CONSULTANT shall compl ete the various tasks identified in the Scope of Work, defined above, and shall complete all services and tasks contemplated under this Agreement no later than the earlier of the following: (i) sixty (60) calendar days following the date upon which the C ity Council has accepted the Proje ct as complete and has authorized the recordation of a final Notice of Acceptance for all of the Project Work; or (ii) _________________________________ (the “Completion Date”).

3.2 CONSULTANT shall perform the Work continuously and with due diligence so as to comp lete the Work by the Completion Date. Consultan t shall cooperate with CITY and in no manner interfere with the work of CITY, its e mployees or other consultants, contractors or agents.

3.3 CONSULTANT shall not claim or b e entitled to receive any compensa tion or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner.

3.4 CONSULTANT shall at all times enforce strict di scipline and good order among Consultant’s employees.
227Exhibit 2

3.5 CONSULTANT, at its sole expense, shall pay all s ales, consumer, use or other similar taxes required by law.

3.6 CONSULTANT shall obtain a CITY business license prior to commencing performance under this Agreement. CONSULTANT shall perform all work to the highest professional standar ds of CONSULTANT’s profes sion an d in a manner, reasonably satisfactory to CITY. Consultant shall comply with all applicable federal, state, and local laws and regula tions (including the conflict of interest provisions of Governm ent Code Section 1090 and t he 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 enti ty for whom CONSULTANT was not working at the time of the Effective 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.

3.7 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 q ualified to p erform such se rvices. CONSULTANT shall identify a project administrator and shall have direct responsibility for mana gement of CONSULTANT’s performance under this Agreement and shall devote all time necessary to complete the tasks within the scope of services agreed to. No change shall be made in CONSULTANT’s project administrator without CITY’s prior written consent.

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

3.9 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

3.10 All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and sub consultants) possess all licenses, permits, cer tificates, qualifications and approvals of whatever nature th at are legally required to perform the tasks and services contemplated under this Agreement and al l such licenses, permits, certificates, qualifications and approvals will be maintained throughou t the term of this Agreement and made available to CITY for copying and inspection.

3.11 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 empl oyees, agents, c ontractors, su bcontractors 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 228Exhibit 2

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 her 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 r elease of any deficiency or delay in per formance. Th e Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limi ted to the representation th at CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the standards of CONSULTANT’s profession.

4. MISCELLANEOUS TERMS AND CONDITIONS

4.1 Ownership of Documents Prepared for Project:

(i) License: This Agreement creates a non-exclusive and perpetual license for CITY to use, at its discretion, all plans, specifications, original, or reproducible transparencies of working drawings and master plans, preliminary sketches, and al l other d ocuments prepared by CONSULTANT pursuant to this Agreement.

(ii) Termination: Following the termination of CONSULTANT's services, for any reason, as provided under Section 17 (Termination), below, or abandonment of all or a portion of the project, CITY may utilize the completed drawings, specifications, estimates, and other completed construction documents prepared under this Agreement by CONSULTANT as it sees fit. CONSULTANT shall deliver to CITY the following documents upon CITY's written request: (a) One set of the contract documents, including the bidding requirements, specifications, and all existing cost estimates for the project, in hard copy, reproducible format; and (b) All finished or unfinished documents, s tudies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by CONSULTANT under this Agreement.

(iii) After completion of the p roject, CONSULTANT shall not permit reproductions to be made of a ny CITY owned documents without the approval of CITY and shall refer all requests by other persons to CITY.

(iv) CONSULTANT shall not use the drawings or plans produced for CITY on any other project without CITY's prior written consent or work p roduct.

CONSULTANT shall defend and indemnify CITY from any claim that such documents infringe the copyright or trade secrets of another.

4.2 Reuse of Documents Prepared for a Project: CITY as the sole owner of all documents prepared for a project, reserves the right to reuse all or pa rt of those documents at its sole discr etion for the construction of all or part of another project constructed for CITY. Notwithstanding the fact that CONSULTANT prepared may have prepared these documents or work product, in the event the documents are reused, CITY 229Exhibit 2

shall not be bound by this Agreement to employ the services of CONSULTANT.

4.3 Standardized Manufactured Items: CONSULTANT shall consult and cooperate with CITY's staff in the use and selection of manufactured items to be used in the project. Manufactured items, includi ng, but not limited to, paint, finish hardware, plumbing fixtures and equipment, roofing materials, and floor covering shall be standardized to CITY's c riteria so long as those criteria do not seriously interfere with building design and/or governing codes.

4.4 Audit/Inspection of Records: CONSULTANT shall keep and maintain all documents and complete records prepared by or furnished to CONSULTANT during the course of performing basic services on the project for at least ten (10) years following completion of the project. Such records include, but are not limited to, correspondence, internal memoranda, calculations, books and accounts, accounting records documenting its work under this Agreement, and invoices, payrolls, timecards, reimbursement requests and records and all other data related to matters covered by this Agreement.

CONSULTANT shall maintain complete records of all hours worked and submitted to CITY for compensation under this Agreement. CONSULTANT shall permit CITY to audit, examine and make cop ies, excerpts and transcripts from such records and the records and documents of all consultants of CONSULTANT during CONSULTANT’s regular business hours upon twenty -four hours prior written notice from CITY. CITY’s rights under this Section shall survive the termination or expiration of this Agreement.

4.5 Change Orders Caused by CONSULTANT: CONSULTANT shall be responsible for the cost of construction change orders caused directly by CONSULTANT 's willful misconduct or negli gent acts, errors or omissio ns. Without limiting CONSULTANT 's liability for indirect cost impacts, the direct costs for which CONSULTANT shall be liable shall equal the difference between the cost of the change order and the reasonable cost of the work had that work been a part of the originally prepared construction documents.

These amounts shall be paid by CONSULTANT to CITY or CITY may withhold those costs from amounts owing to CONSULTANT. Neither CITY's review, approval of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement, and CONSULTANT shall remain liable to CITY in accordance with this Agreement for all damages to CITY caused by CONSULTANT 's failure to per form any of the ser vices furnished under this Agreement to the standard of care of CONSULTANT for its services, which shall be, at a minimum, the standard of care of CONSULTANT’s performing similar work for municipalities in or around the same geographic area of CITY. Each Party warr ants that i t has had the opportunity to consult counsel and understands the terms of this Agreement and the consequences of executing it. In addition, each party acknowledges that the drafting of this Agreement was the product of negotiation, that no party is the aut hor of this Agreement, and that this Agreement shall not be construed against any party as the drafter of the Agreement.

5. [Reserved – No Text]

230Exhibit 2

6. COMPENSATION

6.1 CONSULTANT shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly rates and fees set forth in that certain document entitled “ ______________ ” (hereinafter, the “Fee Schedule”), which is attached and incorporated and incorporated hereto as Exhibit “C”.

6.2 The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exce ed the total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total bud geted aggregate sum of INSERT NOT-TO-EXCEED AMOUNT ($ INSERT DOLLAR AMOUNT) (hereinafter, the “Not-to-Exceed Sum”). CONSULTANT 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 perf orm and timely complete the services and task s. In the event CONSULTANT requires additional time to complete the services and tasks and the need for such additional time is not caused either in whole or in part by CITY, CONSULTANT shall not receive compensation in excess of the Not-to-Exceed Sum for any services or tasks performed by CONSULTANT beyond the initial completion date in order to complete the services and tasks.

6.3 Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calen dar 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 sha ll indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing specific services or tasks, 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 CONSULTANT in writing of any disputed amounts included in the invoice. Within forty -five (45) calendar days of receipt of each invoice, CI TY shall pay all undisputed amounts included on the invoice.

CITY shall 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, and its employees and agents, is/are, and shall at all times remain as to CITY, a wholly independent contractor. CONSULTANT shall have no power to incur 231Exhibit 2

any debt, obligation, or liability on behalf of CITY or otherwise to act on behalf of CITY as an agent. N either CITY nor any of its officers, employees or agents shall have co ntrol over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as set forth in this Agreement. CONSULTANT shall not r epresent that it is, or t hat any of its agents or employees are, in any manner employees of CITY. CONSULTANT is not, nor shall become, by virtue of pe rformance 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 oth er information developed or receiv ed 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 agr ee that CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers (here inafter, 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 Cit y Indem nitees 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 prote ct CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 278 2.8, the above indemnity shall be limited, to the ext ent required by Civil Code Section 2782.8, to Claims that arise out of , pertain to, or relate to the negligen ce, reckl essness, or wi llful 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 aga inst all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees (with atto rney selection approved by CITY), expert fees and all other costs, and fees of litigation) of every nature arising ou t of or in connectio n 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.
232Exhibit 2

10.3 CITY shall have the right to offset against the amount of any compensation due t o 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 Section, 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 Section will not be limi ted 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 ob tain executed indemnity agree ments with provisions identica l to those set forth he rein this Section from each and every subcontractor or any other person or enti ty involved by, f or, with or on behal f of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligat ions from others as req uired herei n, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, offic ers, employee s, agents, and v olunteers 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 r esulting from any alleged intentional , reckless, negligent, or otherwis e wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other pe rson or entity involved by, for, w ith 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 righ ts 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 Agree ment. This h old harmless and indemnification provisi on shall apply regardless of w hether or not any insur ance policies are determined to be applicable to the claim, demand, damage, lia bility, loss, cost, or expense.

10.7 This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hol d free and harmless) shall survive the termination or normal expiration of this Agreement and is in ad dition 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 o r injuries to persons or damages t o property th at m ay a rise fro m 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:

233Exhibit 2

11.1.1 Comprehensive General Liabi lity Insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2, 000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage.

The policy must include contractual liability that has not been amended. Any endorsement restrict ing sta ndard ISO “insured contract” language will not be accepted.

11.1.2 Automobile Liability Ins urance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) combined single limit.

11.1.3 Worker’s Compensation insurance as requi red by the laws o f the State of Calif ornia and Employer’s Liability insurance with limits of at least $1,000,000.

11.1.4 Professional liability (errors & omissions) insurance.

CONSULTANT shall maintain professional liability insurance that covers the Service s 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 n o less than three years after completio n of the services required by this agreement.

11.2 CONSULTANT shall require each of its subcontractors, if any, to maintain insurance coverage that meets all o f the requirements of t his Agreement.

11.3 The policy or p olicies required by this Agreeme nt 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 ke ep the aforesaid insurance in full force and effect CITY may either (i) immediately terminate this Agreement; or (ii) take out the ne cessary insur ance 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 t he CITY as an additional insured. CONSULTANT shall, prior to commence ment of work under this Agreem ent, fi le with CITY’s Risk Manager such certificate(s).
234Exhibit 2

11.6 CONSULTANT shall provide proof that policies of insurance required h erein expiring during the term o f this Agreement have been renewed or replaced with other policies pro viding at least the same coverage. Such proof will be furnished at least two (2) weeks prior to th e expiration of the coverages.

11.7 The general lia bility a nd aut omobile policies of insura nce required by this Agreement shall contain an endorsement naming CITY, its officers, employees, ag ents and volunteers as additiona l insureds. All of the policies requ ired under this Agreement shall co ntain an endo rsement providing that the policies cann ot be canceled or reduced except on thirty (30) days’ prior written no tice to CITY. CONSULTANT agrees to r equire its insurer to modify the certificates of insurance to delete any exculpatory wording sta ting that fai lure of the in surer to mail written noti ce 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 insura nce or s elf-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 p rocure a bond g uaranteeing 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 an d defend under Section 10 of this Agreement.

11.11 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

CONSULTANT hereby waives its own right of recovery against CITY and shall require simil ar written express wai vers and insurance clauses from each of its subconsultants.

11.12 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requir ements, or a waiver of any cove rage normally provided by any insurance. Specific reference to a given coverage 235Exhibit 2

feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available ins urance proceeds in exc ess of th e specified minimum limits of insurance and coverage shall be availa ble to the CITY.

12. MUTUAL COOPERATION

CITY shall pr ovide CONSULTANT with complete access to i nformation 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 A greement for a period of three (3) years a fter t he expiration or termination of t his Agreement. CITY shall have the righ t to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such re cords, to make transc ripts ther efrom a nd t o insp ect all program data, documents, proceedings, and activities.

14. PERMITS AND APPROVALS
CONSULTANT shall obtain, at its sole cost and expense, all permits a nd 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 cour ier 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 t he addresses listed below (or to such other addresses as the p arties may, from time to time, designate in writing).

If to CITY: If to CONSULTANT:

City of Bell Gardens
Public Works ____________________
7100 Garfield Ave. ____________________
Bell Gardens, California 90201 ____________________

16. SURVIVING COVENANTS
The provisions of this Section shall survive the termination or expiration of this Agreement. The terminatio n of this Agreement pursuant to any provision or by normal 236Exhibit 2

expiration of its term or any extension thereto shall not operate to terminate any Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

17. TERMINATION

17.1. CITY may immediately terminate this Agreemen t at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which not ice shall spe cify the effective date of such terminat ion. U pon such termination for convenience, CONSULTANT will be compen sated only for tho se 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 pro vided under Section 1 7.2, below. If thi s Agreemen t is terminat ed as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, and other information of any kind pre pared by CONSULTANT in connection with t he perf ormance of the Work. CONSULTANT will be required to provide su ch Documents and D ata within fifteen (15) c alendar days of CITY’s written reque st. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 17.2, below, will oper ate to prohibit or otherwise restrict CITY’s abili ty to termina te th is 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 an y such duty, obligation , ser vice or task set forth under this Agre ement), 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 D efault; (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 E vent of D efault wit hin the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any fai lure of CONSULTAN T to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obli gated to p rovide to CIT Y or CITY’s employ ees or agents under this Agreement. Prior t o the expiration of the 10 -day cure p eriod, 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 notwithst anding, CITY will be under no obligation to grant a dditional time for the cure of an Event of Defaul t under th is 237Exhibit 2

Section 5.2B.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 pe riod, CONSULTANT may subm it a written reques t for additional time to cure the Ev ent of Default upon a showing that CONSULTANT h as commenced efforts to cure the Even t of Defa ult and that the Event of Default cannot be reaso nably cured w ithin the 14-day c ure period. The foregoin g notwithstanding, CITY will be und er no obligation to grant additional time for the cure of an Event of Default un der t his Section 17.3(ii ) that ex ceeds 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 und er this Agreement (or the fa ilure to tim ely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will incl ude, but will not be limited to the f ollowing: (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 within the specified time or if no time is speci fied, 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 rel ates 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 di scovery that a state ment representa tion or warranty by CONSULTANT relating to thi s Agreement is false, mis leading 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 D efault c annot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45-day cure p eriod, CITY may submit a written request fo r 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 imme diately suspend CONSULTANT’s performance under this Agre ement 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 upo n 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 238Exhibit 2

effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restri ct CITY’s ability to suspend this Agreement as provided herein.

17.7. No waiver of any Event of Default or breac h under this Agreem ent will constitute a waiver of any o ther or subsequent Event of Defaul t or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party wi ll give the other Party any contractual rights by custom, estoppel, or otherwise.

17.8. The duties a nd obligations impos ed under this Agreement and the ri ghts 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 t he event of a ny 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 notic e 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;

iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recove r damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or

iv. The CITY may exercise any other av ailable 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 ter mination of this Agreemen t and/or the recove ry of any unpaid sums lawfully owed t o 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, 239Exhibit 2

creed, religion, sex, marital status, national origin, ancestry, age , physical or mental handicap, medical condition or sexual orienta tion. CONSULTANT will take affirmat ive action to ensure that subcontractors and applicant s are employe d, and that employees are treated during employment, without regard to their race, colo r, 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 descri ptive only and for conv enience in reference to this Agreement. Sh ould there be any c onflict between s uch heading, and the section or paragraph thereof at t he head of wh ich it appears, the section or paragraph thereof, as the case may be, and not such head ing, 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 br each of th e same or any other term, covenant or condition herein c ontained. No term, covenant or cond ition of this Agreem ent shall be deemed to have been waived by CITY or CONSULTANT unless in writing.

18.5 CONSULTANT shall not be liable for any failure t o perform if CONSULTANT presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of CONSULTANT.

18.6 Each right, p ower a nd remedy provided for her ein or now or hereafter existing at law, in equ ity, by st atute, or oth erwise sh all be cu mulative and shall be in addition to every o ther 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 nec essary to enf orce any term, cov enant or condition herein contained, the par ty prevailing in such action, whether reduced to judgment or not, shall be entitled to i ts reasonable court costs, including accountants’ fees, if any, and attorneys’ fees expended in such actio n sub ject to the l imitations contained in S ection 10. The ven ue 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 s olely 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 p ersons 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.
240Exhibit 2

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

18.9 All docu ments referenced as exhibits in this Agr eement are hereby incorporated in this Agreemen t. In the event of any material discrepancy between the express provisions of this A greement and the provisions of any do cument incorporated herein by reference, the pr ovisions of th is Agreement shall prevail . This instrument contains the entire Agreemen t between CITY and CONSULTANT with respec t to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto o r devi ations herefrom shall be e ffective and binding only if made in writing and executed by CITY and CONSULTANT.

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
By:_____________________________ By:_____________________________ Michael B. O’Kelly, City Manager

Date:_______________ Date:__________________

Approved as to form:

By:

Stephanie Vasquez, City Attorney

241Exhibit 2

CITY OF BELL GARDENS

REQUEST FOR PROPOSAL

CONSTRUCTION MANAGEMENT AND INSPECTION (CMI)

SERVICES FOR FORD PARK AQUATICS CENTER

March 2, 2023
242Exhibit 3

REQUEST FOR PROPOSAL

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR

FORD PARK AQUATICS CENTER

The City of Bell Gardens (“City”) is requesting proposals from qualified full -service Construction Management firms to oversee the project’s development. This service includes coordination with the City and design team, assis t the City with the contractor prequalification process, manage the bid and demolition of existing aquatic facilities and construction of the new Ford Park Aquatics Center. Consultants submitting a proposal to the Request for Proposals (“RFP”) are required to state their understanding of the project and experience with project and construction management services for similar types of aquatic facilities.

Consultants are urged to submit concise proposals, appropriate to the scale of the project and include o nly items that are relevant to this specific project. The City of Bell Gardens reserves the right to reject any or all responses received as a result of this solicitation; to extend the submission due date for; to modify, amend, reissue or rewrite this document; and to procure any or all services by other means.

The City will not be liable for any costs incurred by the consultants’ incidentals to the preparation of proposals or for developing and carrying out interview presentations, if needed. Submission of a proposal indicates acceptance by the consultant of the conditions contained in this RFP unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Bell Gardens and the consultant selected.

Submittal Information

Sealed proposals must be received by the office of the City Clerk, City of Bell Gardens, 7100 Garfield Avenue, Bell Gardens, CA 90201, no later than: Thursday, March 30, 2023, at 4:00 p.m. Proposals must be submitted in two (2) sealed envelopes – one shall be for the scope and labeled “Scope Proposal” Ford Park Aquatics Center – Construction Management Services” and one for the fee proposal and labeled “Fee Proposal” Ford Park Aquatics Center – Construction Management Services”. Proposals received after the time and date indicated above shall be deemed nonresponsive and returned unopened. Consultants shall include four (4) hard copies of the Scope Proposal, one (1) hard copy of the Fee Proposal, and one (1) PDF file on PC compatible USB drive for each Scope and Fee (in their respective labeled envelopes).

GENERAL INFORMATION

The Bell Gardens Aquatics Center is located at 8000 Park Lane at John Anson Ford Park, accessible from Garfield Avenue. The Aquatics Center was opened in 1959 and is the only aquatic facility for the City’s aquatic recreation program. The Aquatics Center has undergone relatively few renovations since it was built over 60 years ago, and the configuration of the aquatics building, pool, and supporting elements are not flexible and efficient enough to meet the needs of a modern municipal aquatics program. In 2017, the City determined that the Aquatics Center at John Anson Ford Park was no longer CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER
243Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

operational due to maintenance and safety concerns. Since this time the Aquatic Center has been non -operational and is slated to be demolishe d. The existing building (showers/lockers/restrooms) is comprised of a single -level, on grade building with integral pool equipment and chemical storage areas. The replacement facility includes a new building (Administration, restrooms, locker and shower facilities), meeting rooms, a multi-purpose room for training, a weight room, a new (50) fifty meter pool, a recreation pool with splash zone/ water play area, a therapeutic pool, and limited sit e/parking lot improvements. The Project construction costs are estimated to be $18 - $20 million including Furniture, Fixtures and Equipment.

PREVAILING WAGE REQUIREMENTS
The City is subject to prevailing wage laws which apply to those professional services consultants and their subconsultants for whom the Department of Industrial Relations has established a wage determination, including but not limited to Field Soils Materials Testers; Operating Engineers; Surveyors; and Building/Construction and Specialty Inspectors.

The Department of Industrial Relations General Prevailing Wage Determination 2022 -2 for the County of Los Angeles, Southern California, and Statewide will apply to the Building Construction Inspector/Materials/Soil Tester. Applicable rates c an be found here: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

Build America, Buy America Act

As this construction project is federally funded, the project is subject to the Build America, Buy America Act requirements for all of the iron, steel, manufactured products, and construction materials used in the project.

PROPOSAL INFORMATION

The purpose of this RFP is to facilitate the selection of a qualified full -service Construction Management firm to coordinate with the City and design team, and to manage the bid, demolition and construction phases of the new Aquatics Center Project. The City intends to select one consultant to perform all the items listed in the Scope of Work section. The construction period is estimated to start in August 2023 and to be completed by December 2024. It is estimated that the constructio n period and the project close out will take 21 months. All CMI services shall be billed hourly based on the Not to Exceed proposed total amount. The Contract Change Order will be considered if the project scope expands or goes beyond 21 months. The overar ching goal is to provide a community-based aquatics center that provides a variety of features which meets the needs of residents of all ages in an all-inclusive facility. The new facility should provide a wide range of opportunities for the public to enjoy aquatics programs using state-of-the-art design, equipment, and technology to ensure a clean environment with a focus on safety awareness at all times. Consultants are hereby not ified that this project will be solely or partially funded with Proposition 68, CDBG, and City General funds and shall adhere to all requirements under the program funding sources. This project is subject to local, state, and federal regulations and procur ement requirements.

Since part of the Aquatics Center is federally funded with CDBG monies, the consultant must be able to enter into a Federally-funded contract as the payment source may 244Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

consist of federal funds. The selected consultant shall be required to execute a contract agreement with the required Federal provisions and contractual clauses. Consultant must be able to comply with all agreement Federal provisions as shown in (Attachment 6) titled, Federally Ass isted Project – CDBG Documents and DOL Federal Wage Determination.

The new design must be able to support, at a minimum, the following direct in -water programs:

• Recreation- “Unstructured” play time, recreational swimming, and special community events.
• Water Fitness- Water aerobics, water circuit training, lap swim, etc. • Water Safety and Training- Swim lessons, safety classes. • Competitive Aquatics- Youth and adults swim teams, water polo, triathletes.

Other features that the new facility should also have:

• Weight Room- Approximately 1000 square feet of area for free weights and limited cardio equipment.
• Accessibility- In the facility to support different needs (family, gender- norms, ability levels).
• Safety-Oriented Layout- For effective emergency response.

Specific improvements of this project may include, but not limited to:

• The demolition and removal of the existing building(s), pools and site improvements, including an underground fuel tank. See appendix for hazardous materials assessment and fuel tank information.

• Construction of New Aquatics Building(+/- 12,800sf) : New Aquatics Building with, at minimum, the following program elements:
- Lobby Entrance and Reception
- Staff Office
- Staff Lounge/Break Room
- Male and Female and Unisex (Family) Locker/Shower/Changing and Restrooms
- Family restroom on pool side
- Janitor and Storage Rooms
- Pool Equipment Storage
- Mechanical Room
- Chemical Storage Room
245Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

• New Pools and Amenities: One or more pools and associated equipment with the following criteria/elements:

- One or more pools that individually, or in combination, provide:
o Eight swim lanes suitable for competitive swimming 50meter minimum length.
o Starting blocks on one end with minimum two meter depth. o Wading/Recreational depth areas.
o Water play structures and amenities.
o Therapy pool (1000 sf).
o County of Los Angeles Health Department Permit required.

o State of California – Department of Occupational Safety and Health (CA-DOSH) Permanent Amusement Rides Administrative Permit required.

- Outdoor Amphitheater Area

- Shade Structures and Bleacher seating/spectator areas

o Tent or similar structures to shade pool patrons.
o Outdoor picnic benches and tables as well as other furnishings.

- Ancillary Pool Equipment and Site Storage Building

o Evaluate integration into main building.

• Site Work Requirements: Reconfiguration of path of travel to improve circulation.

- All new utility connections (unless noted otherwise):
o New electrical service (from existing park main service board). o Sanitary sewer (connect to existing).
o Water service (possibly (2) two – Pool and domestic)
o Fire water service
o Storm
o Telephone/Cable/WiFi
- Preserve as many trees as possible.

- New pathways and parking areas

- New Facility Monument Sign

- New site/security lighting

- New irrigation and landscaping.
246Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

- Bicycle/pedestrian path along the perimeter of the Aquatic Center

SCOPE OF SERVICES

The Ford Park Aquatics Center Project will require the selected consultant to provide full construction manageme nt and inspection services as included in Attachment 2.

A copy of the construction documents will be made available to proposers by electronic distribution. Please contact Grissel Chavez, Director of Public Works, at [email protected] to request a copy of the plans and specifications.

To facilitate the RFP process, proposers are required to monitor the City’s website page (View RFP’s and Bids) at https:// www.bellgardens.org/i-want- to/view-bids-rfps/rfps-and-bids. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions.

SELECTION PROCESS

The RFP process will establish a ranking based on the categories listed under the Qualification Based Selection section. The proposal shall conform to the Proposal Requirements (Attachment 3). It is important that all listed items be included in the proposal. Proposals, which do not comply with all the requirements or the proposal deadline, will not be considered. The City reserves the right to reject any or all proposals without qualifications, and to negotiate specific requirements and costs using the selected proposal as a basis.

The selected consultant shall be required to enter into the City’s standard professional services agreement (Attachment 4). The City’s standard insurance requirements are included within the Agreement. Before any services can commence, the selected firm will be required to execute an agreement substantially similar to the Standard Agreement. To facilitate the smooth and timely implementation of the project, firms responding to this RFP shall review all the terms and conditions of the Standard Form of Agreement including, but not limited to, provisions relating to insurance, indemnification, and termination. By submitting a proposal to the City in response to this RFP, each proposer is deemed to have provided its approval to the Standard Form of Agreement. Any qualifications to the Standard Form of Agreement may be weighed in the evaluation of the proposal and may cause rejection of the proposal as non -responsive, in the sole determination of the City. Proposers must also complete and submit with their proposal a signed copy of the Standard Agreement Acknowledgement (Attachment 5).

All consultants that respond to the RFP shall assume that the execution of the Standard Form of Agreement, without changes, will be a required condition. 247Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

At the conclusion of the evaluation and interview (or if a best -qualified firm is selected without the need for an oral presentation), the City will enter into contract negotiations with the top ranking firm. If negotiations with the top -ranking firm are unsuccessful, negotiations will terminate and the City will undertake negotiations with the second -ranking firm. City staff will make recommendations to the City Council, which re serves the right to reject any or all proposals. The selection process will be completed when a contract is executed.

Furthermore, the City reserves the right to reject any or all proposals, and to waive any and all irregularities in order to choose the f irm which, in the City’s opinion, best serves the City’s interests.

Qualification Based Selection

The City intends to select the most qualified consultant available for this assignment that demonstrates a thorough understanding of the City’s needs and the ability to deliver the project in a reasonable timeframe and for a reasonable fee. It is imperative the consultant’s proposal fully addresses all aspects of the RFP. The proposal must clearly articulate the consultant’s understanding of the project and the City’s specific requirements. The City intends to rank the consultants based on the following factors:

Expertise, Experience & Training Plus Prior Contracting History (50%) – The expertise, experience and training of the proposer and its key personnel, previous and recent experience with similar work/similar fields and qualifications on Senior, Aquatic and other public civic / recreational facilities with a construction cost of $10M. Clearly specify the staff members, their specific experience, length of employment with proposing firm, that will perform the work on this project. This factor includes evaluation of the proposer’s prior contracting history, including the review of the proposer’s certifications relating to false claims, debarment, claims, disputes, alternative dispute resolution, mediation, and civil litigation.

Project Approach (30%) – The proposer’s responsiveness in developing a comprehensive plan while meeting regulatory requirements and the City’s specific needs.

Schedule Control (10%) – Proposal for completing the project in a timely manner, inclusive of the proposer’s ability to identify and manage critical paths for the timely and competent completion of all work contemplated by the project and documented previous similar project experience where projects were completed on or ahead of schedule.

Compliance with RFP (10%) – The ability of the proposer to comply with all instructions set forth under this RFP as well as the proposer’s ability to agree to all of the terms and conditions of the attached Professional Services Agreement without modification, particularly as relates to indemnification, insurance requirements and standards of care.

The City will check the references of the top-ranked consultants for such things as record in accomplishing work in a timely manner for similar projects within budget, quality of work completed for the City or other public agencies, ability to work with City staff and the public, as well as any disputes and claims resulting in mediation or use of other alternative dispute resolution processes; and outstanding litigation. 248Exhibit 3
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The City shall negotiate an agreement with the most qualified consultant. If negotiations with such consultant are unsuccessful, the City will negotiate with the second most qualified firm. The selection process will be completed once an agreementis executed.

When the City has reached an agreement with a consultant, all firms submitting a proposal will be notified of the results in writing. The determination of the most qualified consultant shall be on the basis of demonstrated competence and qualifications for the type of services required. The fee proposal will remain confidential in the initial selection process and will not be used as the sole determining factor in consultant selection, but will be one determining factor if more than one firm is deemed qualified to perform the work required on the project.

The evaluation panel may, if it deems necessary, select certain proposers for oral interviews and/or presentations. Interviews apply only to the top finalist(s), as determined by the evaluation panel. The oral interviews will allow finalists to demonstrate their understanding of the project objectives and to articulate their capability to meet or exceed the requirements of this RFP.

The City reserves the right to withdraw the RFP at any time without prior notice. The City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City reserves the right to extend the deadline for proposals, postpone reviewing the proposals for its own convenience, reject any and all proposals without indicating any reasons for such rejection(s), and negotiate with any qualified consultant. The City does not guarantee successful firms will be provided any projects.

The successful consultant(s) and sub-consultants are required to obtain and maintain a City of Bell Gardens business license and insurance. The license and insurance shall be maintained for the duration of the agreement. A current business license is not a prerequisite for submittal of the proposal.

The City is not liable for any costs incurred by the proposers before entering into a formal agreement. Costs for developing the proposal or any other such expenses incurred by the proposer in responding to this RFP and entirely the responsibility of the proposer and shall not be reimbursed by the City. The City is not responsible for proposals which are delinquent, lost, incorrectly marked, sent to the wrong address, or sent by mail or courier service and not signed for by the City.

CONSULTANT SELECTION SCHEDULE

The following schedule has been established for conducting this consultant selection process. The City of Bell Gardens reserves the right, however, to modify this schedule at any time.
249Exhibit 3

Approximate Dates and Task
March 2, 2023 - Issuance of Request for Proposal
March 13, 2023 - Questions due to the City by 4:00PM
March 30, 2023 - Proposals due by 4:00PM
Week of April 3, 2023 - City to review and rank proposals Weeks of April 10, 2023 -City to interview selected consultants April 24, 2023 – Council award CM/CMI Consultant Contract

QUESTIONS

Questions regarding the information contained in the RFP document must be submitted by email, and addressed to:

Grissel Chavez, Director of Public Works
[email protected]

All questions must be received by 4:00 p.m. on March 13, 2023. Questions will be responded to in writing and posted on the City’s website page (View RFP’s and Bids) at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids.

Anonymity of the source of specific written questions will be maintained in the written responses. A clarification addendum will be issued, if necessary.

Telephone requests for information or inquiries will not be allowed. The intent behind this requirement is to ensure that consultants have available to them the same information and no inconsistent, incomplete or misinformation is communicated to any team. Proposers may not rely on any oral interpretations given by any City employee and may only rely upon officially issued, written addenda.

If any changes or updates to the RFP are made, they will be posted on the City’s website page at https://www.bellgardens.org/i-want-to/view-bids- rfps/rfps-and-bids

Attachments:

1. Site Map

2. Scope of Services

3. Proposal Format and Requirements

4. City Standard Consultant Agreement

5. Agreement Acknowledgement

6. Federally Assisted Project – CDBG Documents and DOL Federal Wage Determination

CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER
250Exhibit 3

ATTACHMENT 1-SITE MAP

CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER
251Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

ATTACHMENT 2

SCOPE OF SERVICES

Ford Park Aquatics Center – Full Service Construction Management Services

The City is interested in retaining a firm to provide full service construction management services including, but not limited to those listed below. The construction management firm will be responsible for serving as the City’s representative and overseei ng the work of the Design Team, Contractor, and subcontractors to ensure that the Ford Park Aquatics Center is completed in conformance with the City’s scope, quality, schedule and budget requirements. A summary of the Services that shall be included is as follows:

• Biddability/constructability reviews and peer opinion of probable cost and time;
• Conduct a contractor prequalification process
• Construction management and contract administration;
• Construction site public relations;
• Project / Documents Control;
• Site web camera monitoring and time-lapse video presentation; • Inspection;
• Specialty and deputy inspection, soils, and materials testing; • Quality Assurance (QA) Surveying;
• Coordination of mitigations monitoring requirements and documentation of compliance; and
• Other tasks and services as enumerated in the Scope of Services below.

If the firm believes that the project can be enhanced in any way by the addition of other tasks or the deletion of any specified tasks, such information should be included in the proposal.

FEDERAL/STATE/LOCAL REQUIREMENTS Since the project funding has a mix of Federal, State, and Local funds, it is the Consultant’s responsibility to comply with all applicable Federal as well as State and Local requirements/procurements on prevailing wages, disadvantaged business enterprise (DBE), Build America Buy America Act, and forms/manuals/standards; and ensure the project remains in compliance with the same, in order to meet all funding agency requirements and reporting, and complete the project on sche dule and within budget. Federal, State, and Local requirements include but are not limited to, the technical and contract standards and manuals from the US Department of Housing and Urban Development (CDBG), Prop 68 Land and Water Conservation Fund, City o f Bell Gardens, and other agencies that may provide future funding. Information on guidelines and requirements can be found in Attachment 6 and in the construction documents.:
252Exhibit 3
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FORD PARK AQUATICS CENTER

Construction Management

• The selected consultant must provide a qualified Registered Civil Engineer or a CCM (Certified Construction Manager) serving as a Construction Manager (CM) having at least 10 years of experience with similar projects and be responsible for the following tasks.
• Establish detailed project management and construction management plans that clearly define roles, key tasks, project schedule and project management tools to be used.
• Develop a communication organization chart for communication flow and decision making.
• Provide weekly updates to the schedule, tasks and responsible party throughout the project duration.
• Monitor the project schedule, report deviations to the City and resolve schedule issues.
• Create an overall project budget summary that includes all construction and non - constructions costs including permit fees, site preparation, utilities, design services, construction costs, inspection services, equipment costs, furniture and fixtures and project contingency.
• Coordinate the communication and work of the project team, including the City, Design Team, Contractor and subcontractors.
• Provide project recommendations and facilitate, as needed, City decisions regarding the project.
• Assist the City in giving presentations to the City Council, boards, commissions, stakeholders and community.
• Act as liaison between the project team members and City and provide progress on the demolition and construction, authorizations and sign-off’s as necessary for the design, construction and operations of the project. • Coordinate with all relevant regulatory agencies to obtain/confirm all permits and approvals required for the project have been obtained and are available. • Review construction documents for conformance with City’s objectives. • Perform quality control of all architectural deliverables (including those of subconsultants), such as plans, drawings and specifications, to confirm quality, completeness, and appropriateness.
• Provide interpretation of plans and specifications.

Claims Management

The CM shall assist the City in the defense of claims. The CM shall document, analyze and compile information for the City related to the claim. The CM shall use issues tracking techniques in Contract Manager to quickly retrieve related documentation. During the construction process, the CM shall prepare a clear and defined paper trail to describe the chronology of events, describe the details and defend the City’s position.
253Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

Should a claim arise during the course of construction, the CM will assist the City in determining liability, establishing cause, calculating damage, and effecting a settlement where possible by:
• Evaluating the adequacy of plans and specifications, comparing actual performance to contractual requirements; assessment of additional work authorizations, change orders, requests for information and related submittals.
• Clearly defining the issues and determining the responsible parties. • Collecting, organizing, and evaluating factual information. • Performing scheduling analysis to determine extent of delay utilizing the approved critical path method (CPM) schedule, fragnets, and periodic updates.
• Determining the excusable or compensable delays.
• Evaluating actions taken to mitigate damages.
• Reviewing cost estimates.
• Performing audits to determine actual costs.
• Maintaining records to allow for the compiling of appeal files. • Participating in negotiations with the claimant.

Project Management
Grant administration including:
• Coordinate with and assist City staff as needed to respond to grant agency inquiries.
• Maintain and track financial expenditures charged to each funding agency; prepare financial reimbursement requests/fina ncial reporting as required for each agency.
• Monitor and ensure awarding agency funding requirements are being fulfilled by Contractor.
• Assist City with preparation of Federal and State Compliance and Documentation.
• Assist City with preparation of other required forms, reports as needed. • Participate in audits or meetings with funding agency as required.

Bidding

• Develop and administer a contractor prequalification process prior to bidding the project.
• Coordinate with all relevant regulatory agencies to obtain/confirm all permits and approvals required for the project regarding architectural work. • Prepare/Compile the bid specifications using the City provided General Conditions and the design team provid ed technical specifications (green book and CSI format) to get the project ready to advertise for public bid. • Initiate and administer the bid process utilizing prequalified contractors to select the project’s General Contractor.
• Prepare for and conduct the pre bid meeting, assist in answering questions and coordinate with the design team to prepare bid addendums to be issued. • Attend the bid opening, evaluate the submitted bids, prepare a bid summary spreadsheet, conduct reference checks on the low bidder and listed 254Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

subcontractors, check state licenses of bidder and sub bidders, make recommendations to City Staff for City Council consideration. Note: CM shall provide recommendations for confirmation of the lowest responsive and responsible bidder with a detailed basis, particularly if the as-bid numerically low bidder is not recommended.
• Represent the City in reviewing and executing a contract with the builder. • Administer the contract between the City and the builder.

Construction

• Prepare for and conduct, (in conjunction with the City and Design Team), a pre ‐ construction orientation conference(s) for the benefit of the successful contractors and orient the contractors to the various reporting procedures and site rules prior to the commencement of actual construction. • Coordinate the mobilization of all contractors and coordinate construction sequencing. In addition, provide management and related services as required to coordinate work of the contractors with each other and the activi ties and responsibilities of the Design Team and City to complete the Project in accordance with the contract documents.
• Establish safety as a top priority for all project stakeholders, monitor project work and adjacent areas for unsafe conditions, promptl y require corrective measures to be addressed by the Contractor in compliance with the contract documents, and report such issues and corrective measures taken to the City. ▪ Implement safety protocols such that the Contractor maintains primary responsibility and liability for the construction site, construction personnel, and public safety.
▪ Traffic and Public Safety Measure Management and Coordination, including, but not limited to:
o Monitor and document the proper implementation of the traffic control and public safety measure plans by the Contractor and require corrections and diligent maintenance when required; o Coordinate review of any traffic control plans required to address special situations and monitor the Contractor’s compliance with the Traffic Handling Plans or as otherwise provided for in the specifications;
o Address and coordinate apparent conflicts with the adjacent park area and associated public structures, as applicable, including but not limited to by requiring the Contractor to clearly correlate traffic control and public safety measures phasing in the CPM schedule work breakdown structure;
o Ensure particular attention is paid to maintaining safe and efficient public access to and operation of the existing public park and public structures; and
o Ensure that traffic control and public safety measures are a standard discussion and coordination item at weekly progress meetings.
• In conjunction with the General Contractor’s inp ut prepare an overall comprehensive construction schedule that outlines the major project milestones, 255Exhibit 3
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FORD PARK AQUATICS CENTER

submittal requirements, inspections, testing, and certifications required. This schedule shall be monitored and updated weekly. Advise City and Design Team if schedule adjustments jeopardize the City’s desire opening date. • Review and recommend the Contractor's schedule of values for each of the activities included in that contractor's schedule of events. Review with the Design Team and make recommendations to the City pertaining to payments to the contractors.
• Maintain City’s record copies and permanent project files of necessary design and construction related communications. Include construction progress photographs.
• Oversee all aspects of the Contractors work (including that of subcontractors), including demolition, site preparation and construction, to monitor and document that the project is being constructed in accordance with the contract drawings. • The construction manager shall supervise or provide him/herself the work of the project construction inspections. Inspector shall prepare inspector’s daily reports and submit copies to the City on a weekly basis.
• Review the contractor’s project schedule and confirm that tasks are scheduled within appropriate timeframes. On a weekly basis, the construction manager shall review the contractor’s weekly look ahead schedule to confirm it is in compliance with the original schedule and that coordination with utility companies and agencies has been performed. If the weekly look ahead schedule is not in compliance with the original schedule, direct the contractor to make suitable adjustments.
• Review, comment, and approve the Contractors (weekly updated) 3 week look ahead schedule and issue to the City weekly.
• Note that the certified payroll component will be solely handled by the City’s CDBG consultant and is not included in the construction management scope of service. The City’s CDBG consultant will monitor and document the contractor’s submittal of monthly certified payroll from both the prime contractor and all subcontractors and shall review the payroll to confirm the contractor is meeting contract and project requirements. They shall submit a monthly labor compliance report to the City, to include certified payroll, correspondence corrections and consultant letter certifying the review and labor compliance in accordance to the State and Federal regulations.
• Report the daily progress of the work on forms approved by the City, produced by the consultant documenting the same information. The consultant shall document the weather, major tasks activities occurring on site, all personnel and equipment used for the day. The construction inspector’s report will need to incorporate photos including before, during and after construction. The format of the inspector’s daily report will need to be approved by the City. Copies of these completed forms shall be submitted to the City on a weekly basis. • Prepare for, attend, and conduct weekly construction meetings with the City, Design Team and Contractor. Prepare an agenda, record activities/decisions, transcribe and distribute meeting minutes to all attendees, the City and all other appropriate parties. Assist in the resolution of any technical construction issues.

The objective is to enable regular, timely, effective communication, decision making, and problem resolution between the parties.
256Exhibit 3
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FORD PARK AQUATICS CENTER

• Review and track all submittals by the contracto r. At a minimum, the tracking log shall be prepared to document: The date the submittal was delivered; who the submittal was transmitted to for comment/approval; and when the submittal was returned with comment or approval.
• Quality Assurance/Quality Control (QA/QC ) Establish and implement management plan for the project which includes steps to observe, verify and document the specified level of construction quality. Collaboratively develop with the City’s Project team, and im plement a Project -specific quality assurance plan (QAP)
▪ Work with the inspection team to coordinate laboratory, job site, and offsite/source inspection and testing of construction materials and required observations per the QAP, construction documents, construction codes, and Jurisdictional Agencies.
▪ Perform and/or coordinate QA/QC activities daily and review activities as they happen, such that QA/QC procedures are followed and deficiencies are resolved in a timely and efficient manner. ▪ Work with the inspe ction team to monitor testing services, track documentation, and continuously document and log testing results. ▪ When necessary, coordinate, monitor, and document that the Contractor implements corrective measures. Re -inspect the corrected work to verify acceptable completion.
▪ Minimum QA requirements:
• Inspection:
– Conduct full-time general inspection during all construction activities;
– Closely monitor and document the requirements for
construction personnel and health safety on the project; – Do not allow apparent unsafe situations to go unchecked and/or unremedied;
– Immediately coordinate with the Contractor’s safety
representative and CM to make necessary adjustments
prior to resumption of activities;
– Monitor the Contractor’s implementation of approved
vehicular traffic controls and pedestrian safety measures; drive/walk routes with active detours and/or lane closures daily to confirm or require correction in compliance with approved traffic/pedestrian safety control plans, Watch Manual, MUTCD and/or Caltrans Traffic Control Manual, as applicable;
– Take daily photographs to document traffic controls at start and end of shift.
– Participation at project meetings;
– General oversight of quality in the construct ed product, coordination of special, deputy inspections and testing, coordination of required permit inspections by the agency having jurisdiction;
257Exhibit 3
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FORD PARK AQUATICS CENTER

– Document approval of materials and workmanship that
meet the contract requirements in coordina tion with the authority of the consulting engineer, Architect, building inspector, fire inspector, deputy inspector, or other
authorized representative or regulatory authorities having jurisdiction;
– Review items requiring corrective action with the contrac tor and the City;
– Develop and maintain a contemporaneous punch list of
items and monitor corrections made;
– Coordinate inspection activities with other jurisdictions if applicable;
– Issue field correction notices;
– Monitor proper installation and maintenance of
NPDES/SWPPP BMPs, in coordination with Contractor’s
QSP and City NPDES Officer / Inspector;
– Assist in the review of submittals required by the
specifications;
– Assist with responses to Contractor RFIs;
– Verify grades, staking, and marks set by the contractor for structures;
– Coordinate and provide assistance and direction to
specialty/deputy inspectors and technicians performing
inspections and material tests;
– Closely monitor testing results and require the contra ctor to take corrective actions if results are unsatisfactory;
– Measure and track quantities of satisfactorily completed improvements;
– Review and make recommendations for the processing of payment requests;
– Assist with the consideration, negotiation, processing of change orders, and documentation of the proper
implementation of change order items into the work and as - built plans;
• Daily Extra Work Reports:
– Inspectors shall verify and sign Contractor’s daily extra work reports documenting force account (time and materials)
work, if applicable;
– Verify only appropriate worker classifications necessary for approved time and materials work is included on extra work reports; and
– Any inappropriate workforce and/or e quipment charges shall be promptly rejected and removed from extra work
reports.
• Daily inspection reports (daily activity report, weekly statement of working days) including photographs;
258Exhibit 3
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FORD PARK AQUATICS CENTER

– The format and content of the daily report shall be
coordinated prior to the start of construction in collaboration with the City’s Project Manager;
– Compile daily observation reports documenting the
contractor’s workforce, material and equipment used, a
summary of construction activities, field problems, disputes or claims, resolutions of issues, and directions given to the Contractor; and
– Completed da ily reports will be transmitted to the City’s Project Manager on a weekly basis.
▪ Maintain comprehensive photo documentation of general project progress and key views, as well as photos to aid in documenting key Project issues and/or areas of concern, all i n addition to photos included in daily reports;
▪ Perform inspection for line and grade, earthwork, grading, excavation, backfilling of utility trenches, asphalt paving, concrete formwork, reinforcement, subgrade compaction, and other related work; ▪ Provide geotechnical and materials testing to assure the contractor’s construction methods and materials meet the requirements of the plans and specifications.
▪ Coordinate with and document the Landscape Architect’s review and approval of materials for all landscape features on the project (plant/tree selection, product submittal and sample reviews, irrigation installation inspection and coverage test, planting soil preparations, proper installation and plantings and maintenance);
▪ Assist the construction site public relations, including but not limited to documenting and assisting with responses to public inquiries; ▪ Monitor, and document compliance with working hours, noise levels, dust mitigation, and housekeeping requirements;
▪ Monitoring and coordination of mitigation monitoring requirements; ▪ Assist with the preparation of the Project punch list at substantial completion, and conduct follow-up inspections to confirm completion of corrections; and
▪ Maintain a redline set of as-built (record) information. ▪ Specialty and Deputy inspection , Provide the following Specialty and Deputy inspections, soils, and materials testing:
– All required Specialty and/or Deputy inspections, soils, compaction, foundations, reinforcing, and materials testing as stipulated herein and by the plans and specifications and building code;
– Specialty inspection for all building envelope water intrusion protection systems (roofing, air/water barriers, curtain walls/storefront, etc.)
– Specialty inspection for corrosion resistance and protection ▪ QA Surveying – establish and maintain overall survey controls, spot check the Contractor’s construction staking, monument establishment, preservation and/or replacement, determine and confirm critical facility dimensions and stipulated constraints.
259Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

• Observe construction activities to determine compliance with the drawings and specifications.
• Monitor the construction phase activities including review and approval of materials submittals and samples and responding to request for information. • Provide geotechnical and materials testing to assure the contractor’s construction methods and materials meet the requirements of the plans and specifications. • Review contractor's recommendations for corrective action on observed non - conforming work. Make recommendations to the City and Design Team in instances where the CM observes work that is defective or not in conformance with the contract documents. Observ e the contractor's work to verify that all authorized changes are properly incorporated in the Project. • CM shall propose, develop and implement a web based CMIS (Construction Management Information System) so everyone can collaborate and have access to all documents, reports, etc. The CM shall describe their proposed system in detail, online access, training, etc. within their project approach. This shall include Procore or equal.
• Maintain at the Project site, on a current basis: a record copy of all Contra cts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings; product data; samples; submittals; purchases; materials; equipment; applicable handbooks; Titles 21 and 24 of the California Code of Regulations; the California Building Code; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the Contracts. Maintain record “As-Builts” in duplicate of p rincipal building layout lines, elevations for the bottom of footings, floor levels, key site elevations, utility locations with off set dimensions to structures/walls, etc. and any other built items as required in the specifications. At the completion of the Project, compile all information into a comprehensive set (1) complete set, and deliver to the Design Team ‐ so they may be reviewed by the respective disciplines and be stamped as the record “As Built” drawings. Following the review/approval the “As Bu ilt” drawings shall be delivered by the Design Team to the City.
• Provide and maintain throughout the project duration full site area web camera monitoring and time-lapse video presentation:
▪ Deploy and maintain up to six (6) site web cameras for real-time monitoring of construction operations and progress.
▪ Provide real-time access to site webcam and photos to Project team members as directed by the City.
▪ Provide a time-lapse video compilation/ presentation of construction progress, with musical accompaniment, at the completion of the Project.

• Review all contractor payment requests and reconcile item quantities with field measurements. Once the reconciliation is complete and the contractor agrees the construction manager shall provide a written recommendation to the City for payment. The construction manager’s recommendation process shall take no longer than one (1) work week. If the contractor’s payment request is in error, the construction manager shall reject the request in writing stating the reason for rejection.
260Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

• National Pollutant Discharge Elimination System (NPDES) Compliance:
▪ Work with the inspection staff to monitor and document all provisions of the certified Storm Water Pollution Prevention Plan (SWPPP) and/or other requisite requirements set forth in the specifications. ▪ SWPPP requirements shall be regularly monitored for proper deployment and maintenance of required Best Management Practices (BMPs). ▪ Confirm receipt and review the required inspection and other reports submitted by the Contractor’s Qualified SWPPP Practitioner (QSP). ▪ Any deficiencies noted will be addressed with the Contractor for immediate remedy.
▪ Upon a weather report of expecting rain, implement the actions prescribed in the certified SWPPP. A site walk will be conducted to ensure that SWPPP measures are in place and well maintained.
▪ Assist with expediting the Notice of intent (NOI), Periodic and Annual Reports, and other SWPPP stipulated requirements and the Notice of Termination (NOT) as applicable.
• Review all contractor change order requests to confirm it is a valid request not covered by the plans and specifications. The construction manager shall also forward all requests to the design team for their input to the request’s validity and cost. If the request is valid and a reasonable cost established the construction manager shall fo rward the change order request to the City recommending approval.
• Prepare and distribute monthly a Project Status Report that shall include a report and update of all key items required to adequately manage the Project. • Facilitate resolution of field problems.
• Facilitate the completion of punch list items.
• Facilitate procurement, delivery, and installation of furniture, fixtures, and equipment. Coordinate schedule for installation of furniture, fixtures and equipment.
• With the Design Team and the City’s maintenance personnel, observe the contractors' proper installation of utilities, operational systems and equipment for readiness and assist in their initial startup and testing for the Project. Coordinate and assist City in the move in for the Project.
• Obtain all written material such as operations and maintenance manuals, warranties, affidavits, releases, bonds, waivers and guarantees for all equipment installed in the Project. All such materials, including equipment in struction material, keys, and documents shall be reviewed and delivered to appropriate City personnel.
• Provide the City with a complete catalog of as -built drawings, warranty information, and building operation and maintenance manuals. • Coordinate and schedule training sessions, if necessary, for the City’s personnel and require that the contractor's obligation in providing this training is fulfilled. 261Exhibit 3
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Close-Out / Post Construction

• Assist the City to coordinate the arrival and installation of City furnished materials and fixtures, furnishings and equipment ("FF&E"). Coordinate schedules for City user relocations and occupancy.
• Review contractual requirements for as -builts, close out documentation and warranties, and obtain and compile all required documentation for delivery to the City.
• Perform the punch list in conjunction with the design and engineering firms and monitor progress and completion of corrective work identified on punch list. • Obtain final claim releases, including release of any stop notices, from the Contractors as required by the contracts and State law. • Prepare the final payment documentation for prime contractors, and provide a final report to the City that includes:
▪ A financial summary of all construction contracting, change orders, construction manager, consultant services, FF&E, and other costs associated with the Project.
▪ A construction summary with final schedule review and update. ▪ A final acceptance summary with signed receipts from City staff of all close out document submittals.
▪ A final acceptance of receipt of all FF&E.
• Recommend to the City the approval of the issuance of the Certificate of Substantial Completion.
• Provide recommendation to the City regarding the final acceptance of project and release of final payment to builder.
• Monitor the preparation of operations, maintenance manuals and as-built plans and specifications on behalf of the City.
• Facilitate training for new equipment with selected City staff members on subjects of operations and maintenance.
• Assist in the resolution of any move-in or furniture and equipment issues. Assist with response to initial post-occupancy complaints about missing or malfunctioning building components and equipment, and contractor/vendor warranty items.
• Conduct a year-end walk through immediately prior to the expiration of the warranty period and ensure completion of noted items at no additional cost to the City.
262Exhibit 3
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FORD PARK AQUATICS CENTER

ATTACHMENT 3

PROPOSAL FORMAT AND REQUIREMENTS

FORMAT:

The proposal shall be precise and shall not include unnecessary promotional material. The proposal shall include the following items and organized as follows.

1. Letter of Transmittal. Describe your firm or team’s interest and commitment in providing project and construction management services for the City of Bell Gardens. An officer of the Consulting firm who is authorized to contractually bind the firm and to negotiate a contract with the City shall sign the letter. Provide name, title, address, email, and telephone number of this officer.

2. Table of Contents.

3. Work Plan and Approach. Discuss your firm’s understanding of the Scope of Services (Attachment 2) to be performed. Describe the method for management of overall project costs, schedule, quality assurance/quality control, and other issues critical to this project.

Describe your firms approach to communication with City team members and consultants. Describe the tools your firm uses to effectively develop and manage the project drawings, correspondence, submittals, inspections, and schedules. Details with specific task descriptions to demonstrate that the proposer has considered all aspects of the project and that the proposer will cover them thoroughly. A list of the City’s responsibilities, if any, shall be included.

4. Key Personnel Background. Name, position, summary of qualifications, education, training and special certificates of related experience and proposed responsibilities of project manager and key personnel who will be performing the services outlined within the RFP
• Provide an organization chart graphically indicating how your firm would staff and structure the proposed team. Designated Construction Manager should be obligated to make this project a priority and spend at least 50% of his/her time on this project.
• Resume of team members – identify role on the project

5. Aquatic Experience-References. This is a listing of Aquatic projects your staff proposed for this project has provided CM services for within the last 263Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

10-years involving full-service construction management services, particularly any work performed for government agencies of similar nature.

Include the following information (updated and accurate).

• Clients name, point of Contact, address, current email and telephone numbers.
• Description and location of related project(s) and year of completion. • Project completed construction value, project construction start and completion date, method of construction delivery, staff directly involved with the project and owner, contractor, and architect information. • Key personnel involved in all disciplines.
• Project Architect, point of Contact, address, current email and telephone numbers.

6. Other Experience-Firm References. Provide references for at least ten (10) different projects performed within the last 10-years involving full service construction management services, with a construction budget of $10 million, particularly any work performed for government agencies such as, Senior Centers, Community Centers, Sports Parks, and other public civic / recreational facilities.

Include the following information (updated and accurate). • Clients name, point of Contact, address, current email and telephone numbers
• Description and location of related project(s) and year of completion • Project completed construction value, project construction start and completion date, method of construction delivery, staff directly involved with the project and owner, contractor, and architect information. • Key personnel involved in all disciplines
• Project Architect, point of Contact, address, current email and telephone numbers

7. Standard Agreement Acknowledgement. A signed copy of the Acknowledgement (Attachment 5) that the consultant agrees with the City’s Standard Professional Services Agreement without any changes.

8. Schedule Control –Describe methods that can be used to keep the construction on schedule within maximum of two (2) pages. The proposer shall illustrate methods they have used to assist a contractor to meet their proposed schedule. Discuss previous projects where the consultant was able to avert a potential delay by implementing project management techniques.
264Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

9. Manpower Allocations. Consultant shall provide an estimate of the required personnel hours by task and job title in the proposal for the tasks described in the scope of services. This information is not meant as a fee proposal, but only an indication of the level of effort envisioned for completion of the project at hand. The labor effort required shall be separated per phase; Project Management, Bidding, Construction, and Close-Out/Post Construction.

10. Lawsuits. As applicable, submit a list of lawsuits filed within the past five (5) years against the firm’s Professional Liability Insurance policy (errors and omissions), if any. Submit a list of any disputes short of litigation in which the firm has been named. Accompanying each list shall be a declaration by a principal of the firm indicating careful review of such lists and adding appropriate information concerning the status or disposition of the lawsuits or claims. This information may be submitted separately and confidentially if so desired.

11. Cost. In a separate sealed envelope, provide complete summary of the estimated number of engineering hours, schedule of hourly rates for each classification, and total not-to-exceed cost for the Scope of Services to be performed. The costs shall be separated per phase; Construction Management, Project Management, Bidding,
Construction, and Close-Out/Post Construction and totaled as a not to exceed amount. Note: This information is not meant as a fee proposal, but only an indication of the level of effort envisioned for completion of the project at hand.
265Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

ATTACHMENT 4

City’s Standard Professional Services Agreement
266Exhibit 3

2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: CONSTRUCTION MANAGEMENT /CMI SERVICES FOR

FORD PARK AQUATIC CENTER)
(Parties: City of Bell Gardens and INSERT CONSULTANT NAME)

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this day of 2023 (hereinafter, the
“Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME (hereinafter, “CONSULTANT”).

For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS

WHEREAS, CITY requires professional consulting services ; and

WHEREAS, on CITY issued a Request for Proposals for
; and

WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and

WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

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

ENGAGEMENT TERMS

1. SCOPE OF WORK:

CONSULTANT agrees to perform such services as expeditiously as possible and consistent with professional skill and care and the orderly progress of the specific project for which CONSULTANT is providing services. All services performed by CONSULTANT under and required by this Agreement shall be performed (a) in compliance with this Agreement, and (b) in a manner consistent with the level of care and skill ordinarily exercised by CONSULTANT in the same discipline, on similar projects in Cali fornia and with similar complexity, who are specially qualified to provide the services required by 267Exhibit 3

CITY and other municipalities; and all such services shall be conducted in conformity with, and compliance with, all applicable Federal, State and local laws, including but not limited to statutes, decisions, regulations, building or other codes, ordinances, and the Americans with Disabilities Act (“ADA”). CONSULTANT shall be responsible for the completeness and accuracy of its work product. The CONSULTANT services shall be provided as required by this Agreement.

1.2 Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “ ” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “ ” (hereinafter, the “CONSULTANT PROPOSAL”) dated . The CITY RFP and the
CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisi ons of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 As more specifically described in the Scope of Work, CONSULTANT shall provide services during the pre-bid, construction administration and close-out phases for the Project. CONSULTANT's basic services will also include management, and coordination of all design and specialty consultants, contractors, vendors, and suppliers' work rendered in connection with the construction of the project, including coordination of the planning and execution of the project with the CITY’s Director of Public Works.

2. PROJECT SCHEDULE

2.1 Time is of the essence and failure of CONSULTANT to perform services on time as specified in this Agreement, is a material breach of this Agreement. It shall not be a material breach if a delay is reasonably unforeseeable and beyond CONSULTANT 's reasonable control.

2.2 The completion times set forth herein are binding, unless extended in writing by CITY.

compensation in Section 6. CITY shall not be liable for the damages to CONSULTANT on account of such delays.

2.4 CONSULTANT shall, immediately upon ascertainment, notify CITY of any delay in: (i) the preparation and/or production of any of CONSULTANT 's documents hereunder, (ii) CONSULTANT 's services, or (iii) connection with any matter attended to by CONSULTANT or with which CONSULTANT is familiar (whether or not as the result of an act or omission of another) which would affect or delay the project or the project schedule. CONSULTAN T shall consult and advise CITY in connection with any such delay in its effect on the project schedule and shall take such action on CITY's behalf as CITY may request in accordance with the terms and conditions of this Agreement.

2.5 CITY may, in its sole di scretion, establish a reasonable response time standard for CONSULTANT 's performance of services: e.g., review and approval of shop drawings, preparation of change orders and field orders, interpretation of any contract documents, or review of requests to substitute materials. These specific response times shall be considered to be reasonable and CONSULTANT will not exceed them unless, at the time of the action which necessitates a response, CONSULTANT indicates that a longer response time is necessary and gives a written explanation of the reasons why an extended response time will be needed. Any extension of the response time must be approved by CITY. Insufficiency of personnel shall not be an adequate excuse for delay by CONSULTANT or CONSULTANT's subconsultants.

3. TERM

3.1 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 Notice to Proceed. 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 no later than the earlier of the following: (i) sixty (60) calendar days following the d ate upon which the City Council has accepted the Project as complete and has authorized the recordation of a final Notice of Acceptance for all of the Project Work; or (ii) (the “Completion
Date”).

3.2 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.

3.3 CONSULTANT shall not claim or be entitled t o 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.

3.4 CONSULTANT shall at all times enforce strict discipline and good order among Consultant’s employees.
269Exhibit 3

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

3.6 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 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 time of the Effective Date if both (i) such work would require CONSULTANT to abstain from a decision under this Agreement pursuant to a conflict of interest st atute; and (ii) CITY has not consented in writing to CONSULTANT’s performance of such work.

3.7 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 and shall devote all time necessary to complete the tasks within the scope of services agreed to. No change shall be made in CONSULTANT’s project administrator without CITY’s prior written consent.

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

3.9 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

3.10 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.

3.11 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 employe es, 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 270Exhibit 3

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 her 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 standards of CONSULTANT’s profession.

4. MISCELLANEOUS TERMS AND CONDITIONS

4.1 Ownership of Documents Prepared for Project:

(i) License: This Agreement creates a non -exclusive a nd perpetual license for CITY to use, at its discretion, all plans, specifications, original, or reproducible transparencies of working drawings and master plans, preliminary sketches, and all other documents prepared by CONSULTANT pursuant to this Agreement.

(ii) Termination: Following the termination of CONSULTANT's services, for any reason, as provided under Section 17 (Termination), below, or abandonment of all or a portion of the project, CITY may utilize the completed drawings, specifications, estimates, and other completed construction documents prepared under this Agreement by CONSULTANT as it sees fit. CONSULTANT shall deliver to CITY the following documents upon CITY's written request: (a) One set of the contract documents, including the bidding requirements, specifications, and all existing cost estimates for the project, in hard copy, reproducible format; and (b) All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepa red by CONSULTANT under this Agreement.

(iii) After completion of the project, CONSULTANT shall not permit reproductions to be made of any CITY owned documents without the approval of CITY and shall refer all requests by other persons to CITY.

(iv) CONSULTANT shall not use the drawings or plans produced for CITY on any other project without CITY's prior written consent or work product.

CONSULTANT shall defend and indemnify CITY from any claim that such documents infringe the copyright or trade secrets of another.

4.2 Reuse of Documents Prepared for a Project: CITY as the sole owner of all documents prepared for a project, reserves the right to reuse all or part of those documents at its sole discretion for the construction of all or part of another project constructed for CITY. Notwithstanding the fact that CONSULTANT prepared may have prepared these documents or work product, in the event the documents are reused, CITY 271Exhibit 3

shall not be bound by this Agreement to employ the services of CONSULTANT.

4.3 Standardized Manufactured Items: CONSULTANT shall consult and cooperate with CITY's staff in the use and selection of manufactured items to be used in the project. Manufactured items, including, but not limited to, paint, finish hardware, plumbing fixtures and equipment, roofing materials, and floor covering shall be standardized to CITY's criteria so long as those criteria do not seriously interfere with building design and/or governing codes.

CONSULTANT shall maintain complete records of all hours worked and submitted to CITY for compensation under this Agreement. CONSULTANT shall permit CITY to audit, examine and make copies, excerpts and transcripts from such records and the records and documents of all consultants of CONSULTANT during CONSULTANT’s regular business hour s upon twenty -four hours prior written notice from CITY. CITY’s rights under this Section shall survive the termination or expiration of this Agreement.

4.5 Change Orders Caused by CONSULTANT: CONSULTANT shall be responsible for the cost of construction chang e orders caused directly by CONSULTANT 's willful misconduct or negligent acts, errors or omissions. Without limiting CONSULTANT 's liability for indirect cost impacts, the direct costs for which CONSULTANT shall be liable shall equal the difference between the cost of the change order and the reasonable cost of the work had that work been a part of the originally prepared construction documents.

These amounts shall be paid by CONSULTANT to CITY or CITY may withhold those costs from amounts owing to CONSULTANT. Neither CITY's review, approval of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement, and CONSULTANT shall remain liable to CITY in accorda nce with this Agreement for all damages to CITY caused by CONSULTANT 's failure to perform any of the services furnished under this Agreement to the standard of care of CONSULTANT for its services, which shall be, at a minimum, the standard of care of CONS ULTANT’s performing similar work for municipalities in or around the same geographic area of CITY. Each Party warrants that it has had the opportunity to consult counsel and understands the terms of this Agreement and the consequences of executing it. In a ddition, each party acknowledges that the drafting of this Agreement was the product of negotiation, that no party is the author of this Agreement, and that this Agreement shall not be construed against any party as the drafter of the Agreement.

5. [Reserved – No Text]
272Exhibit 3

6. COMPENSATION

6.1 CONSULTANT shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly rates and fees set forth in that certain document entitled “ ” (hereinafter, the “Fee Schedule”), which is attached and incorporated and incorporated hereto as Exhibit “C”.

6.2 The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total compensation for the pe rformance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT NOT-TO-EXCEED AMOUNT ($ INSERT DOLLAR AMOUNT) (hereinafter, the “Not-to-Exceed Sum”). CONSULTANT 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 services and tasks. In the event CONSULTANT requires additional time to complete the services and tasks and the need for such additional time is not caused either in whole or in part by CITY, CONSULTANT shall not receive compensation in excess of the Not -to-Exceed Sum for any services or tasks performed by CONSULTANT beyond the initial completion date in order to complete the services and tasks.

6.3 Following the conclusion of each calendar month, CONSULTANT shall 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 shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing specific services or tasks, th e 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 CONSULTANT 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 deduct ions 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, and its employees and agents, is/are, and shall at all times remain as to CITY, a wholly independent contractor. CONSULTANT shall have no power to incur 273Exhibit 3

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 serv ices 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 appoint ed 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. N otwithstanding 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, 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 (with attorney selection approved by CIT Y), 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.
274Exhibit 3

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 Section, 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 Section 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 Section 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, officer s, 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.

10.7 This Section 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 agains t 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:
275Exhibit 3

11.1.1 Comprehensive General Liability Insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage.

The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insure d contract” language will not be accepted.

11.1.2 Automobile Liability Insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) combined single limit.

11.1.3 Worker’s Compensation insurance as required by the laws of the State of California and Employer’s Liability insurance with limits of at least $1,000,000.

11.1.4 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 years after completion of the services required by this agreement.

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

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 additiona l insured. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
276Exhibit 3

11.6 CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Ag reement 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.

CONSULTANT hereby waives its own right of recovery against CITY and shall require similar written express waivers a nd insurance clauses from each of its subconsultants.

11.12 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage 277Exhibit 3

feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

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 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 CONSULTANT:

City of Bell Gardens
Public Works

7100 Garfield Ave.

Bell Gardens, California 90201

16. SURVIVING COVENANTS

The provisions of this Section shall survive the termination or expiration of this Agreement. The termination of this Agreement pursuant to any provision or by normal 278Exhibit 3

17. TERMINATION

17.1. CITY may immediately terminate this Agreement at any time 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 prov ided 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 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 A greement. 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 279Exhibit 3

Section 5.2B.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 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) CONSULT ANT’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 er roneous 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 280Exhibit 3

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 D efault 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 righ ts 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;

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, 281Exhibit 3

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 employee s 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 o f 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 secti on 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.

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.
282Exhibit 3

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.

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

By: By:

Michael B. O’Kelly, City Manager

Date: Date:

Approved as to form:

By:

Stephanie Vasquez, City Attorney
283Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

ATTACHMENT 5

ACKNOWLEDGMENT OF CITY’S STANDARD FORM OF AGREEMENT

I, the undersigned, certify that I, [insert name] am the [insert title] - of [insert firm]
, the party making the proposal for award of an
Agreement for Construction Management and Construction Inspection Services (“Proposer”) and, on behalf of the Proposer, hereby:

Accept City’s Standard Form of Agreement – check one box.

As is, without qualifications or modifications.

As modified by attachment. [Proposer to provide]

I certify that I am authorized to sign this Consent Form on behalf of the Proposer.

Executed this day of , 2023 at , California.

Signature of Officer

Printed/Typed Name of Officer

Title of Officer
284Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

Attachment 6

Federally Assisted Project – CDBG Requirements, DOL Federal Wage Determination, and State DIR Wage Determination for Building Construction Inspector / Materials/Soil Tester

LABOR STANDARDS AND CIVIL RIGHTS: Contractor agrees to comply with the requirements of the Secretary of Labor and the latest amendments to: Executive Orders 11246 and 11375, as supplemented in Department of Labor regulations (41 C.F.R. chapter 60); the Copeland “Anti -Kickback” Act (18 U.S.C. § 847) as supplemented in Department of Labor regulations (29 C.F.R. part 3); Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. §§ 1701 et seq.); Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000); Section 109 of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq .); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 et seq.); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 701 et seq.). Contractor agrees to comply with the requirements of all other applicable federal, State, and local laws and regulations.

STATE LABOR STANDARDS & WAGE REQUIREMENTS: In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor and all subcontractors agree to follow the State Labor Standards. State Labor Standards provisions, including prevailing wage requirements, will be enforced such that the general rate of per diem wages (prevailing wage) shall be paid for each craft, classification, or type of worker needed to execute the contract to all workers employed in the execution of the contract. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm). The prevailing rate of per diem wages are on file at the City of Bell Gardens, Public Works Department, 8327 Garfield Avenue, Bell Gardens, CA 90201, and are available to any interested party on request.

The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770. et. seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employee apprentices including forfeitures an d debarment.

FEDERAL PREVAILING WAGE STATEMENT: This is a federally assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts (DBRA) will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail.

CERTIFIED PAYROLL SUBMISSION TO THE CITY OF BELL GARDENS: Pursuant to the provisions of Labor Code Section 1776, Contractor shall keep and shall cause 285Exhibit 3
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION(CMI)SERVICES

FORD PARK AQUATICS CENTER

each subcontractor performing any portion of the work under this Contract to keep an accurate payroll record, showing the name, address, social security number , work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or subcontractor in connection with the work.

Such payroll records for Contractor and all subcontractors shall be certified and shall be available for inspection at all reasonab le hours at the principal office of Contractor pursuant to the prov isions of Section 1776 of the Labor Code.

Contractor's failure to furnish such records to City or City's authorized Labor Compliance representative in the manner provided herein for notices shall entitle City to withhold the penalty prescribed by law from progress payments due to Contractor.

Each contractor and every subcontractor and supplier shall be required to submit certified payrolls and labor compliance documentation electronically at the discretion and manner specified by the City of Norwalk.

SECTION 3 STATEMENT: This is a HUD Section 3 covered construction contract and requires compliance with the hiring goals outlined in Section 3 of the Ho using and Urban Development Act. Bidders must complete and sign the Declaration of Intent to Comply with Section 3 Requirements form and submit with bid. Failure to do so may disqualify the bid.

The awarded prime contractor must work with the Labor Compli ance Officer to create Section 3 Commitment and Outreach Efforts plans. The Contractor must, to the greatest extent possible, provide training, employment, contracting, and other economic opportunities to low and very low-income persons and local businesses.

The benchmark for Section 3 workers is set at 25% or more of the total number of labor hours to be worked on the Project. The benchmark for Targeted Section 3 workers is set at 5% or more of the total number of labor hours worked on the Project. Contractor is allowed to count the Targeted Section 3 worker hours from the Section 3 worker hours.

The b enchmark for Section 3 Business Concern is set at 10% or more of the total construction dollars to be awarded to local and qualified Section 3 businesses. The benchmark for Section 3 Business Concern is set at 3% or more of the total non - construction dollars to be awarded to local and qualified Section 3 businesses. 286Exhibit 3

APPENDIX “K”

FEDERALLY ASSISTED PROJECT – CDBG DOCUMENTS

AND FEDERAL DOL WAGE DECISION

116 287Exhibit 3

FEDERALLY ASSISTED PROJECT
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Exhibit 1 - Summary of Contract Provisions for Inclusion in the Notice Inviting Bids ........... V-2 for a Federally Funded Project

Exhibit 2 - Federal Labor Standards Provisions - HUD-4010............................................. IV-3 Exhibit 3 - Federal Equal Employment Opportunity/Affirmative Action Provisions ............. IV-8 Exhibit 4 - Contracting with Small Business, Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms ...................................................... IV-18

Exhibit 5 - Compliance with Clean Air and Water Acts ...................................................... IV-19

Exhibit 6 - Prime Contractor’s List of Proposed Subcontractors ....................................... IV-20 Exhibit 7 - Prime Contractor File Checklist ........................................................................ IV-21 Exhibit 8 - Certification of Understanding and Payroll Authorization .................................. IV-22 Exhibit 9 - Report of Additional Classification and Rate.................................................... IV-23 Exhibit 10 - Non-Segregated Facilities Certification.......................................................... IV-24 Exhibit 11 - Past Performance Certification ....................................................................................................IV-25 Exhibit 12 - Notice of Equal Employment Opportunity........................................................ IV-25

Exhibit 13 - Federal Lobbyist Certification ......................................................................... IV-27

Exhibit 14 - County Lobbyist Certification .......................................................................... IV-28

Exhibit 15 - Fringe Benefit Payment Certification .............................................................. IV-29

Exhibit 16 - Statement of Compliance ............................................................................... IV-30

Exhibit 17 - Agency Report of Contract Award .................................................................. IV-31

Exhibit 18 - Section 3 Clause and Program Forms ............................................................ IV-32 Exhibit 19 - Worker's Compensation Certificate ................................................................ IV-37 Exhibit 20 - Federal Wage Decision .................................................................................. IV-38 288Exhibit 3

EXHIBIT 1

SUMMARY OF CONTRACT PROVISIONS FOR INCLUSION IN

THE NOTICE INVITING BIDS FOR A FEDERALLY FUNDED PROJECT

Prevailing Wage Statement: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced, A copy of the Federal Wage Decision applicable to this project is included in the Bid Document.

This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk's office, and is also available Online at http://www.dir.ca.gov/dlsr/.

Apprenticeship Program: Attention is directed to Sections 1777,5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.

Section 3 Statement: See Page IV-32.

Conflict of Interest : In the procurement of supplies, equipment, construction, and services by sub-recipient$, the conflict of interest provisions in (State LCA - 24 CFR 85,36 and Non -Profit Organizations - 24 CFR 84.4), 0MB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
289Exhibit 3
HUD-4010 (06/2022)
ref. Handbook 1344.1 Previous editions are obsolete. Page 1 of 5

HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards

A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
(1) MINIMUM WAGES
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. (ii) Additional Classifications.
(A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235-0023.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.)

290Exhibit 3
HUD-4010 (06/2022)
ref. Handbook 1344.1 Previous editions are obsolete. Page 2 of 5

(D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis-Bacon Act contracts.

(3) Payrolls and basic records.
(i) Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.

Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) (ii) Certified Payroll Reports.
(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 291Exhibit 3
HUD-4010 (06/2022)
ref. Handbook 1344.1 Previous editions are obsolete. Page 3 of 5

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.

Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR

5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (a)(3)(ii)(b).
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. 292Exhibit 3
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If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility.
(i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
293Exhibit 3
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(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S.

Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.

C. HEALTH AND SAFETY
The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 294Exhibit 3

PAST PERFORMANCE CERTIFICATION
With regard to performance of previous contracts or subcontracts subject to the Equal Opportunity Clause and filing of required reports

The bidder, proposed sub-contractor, hereby certifies that he/she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance (OFCCP), a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

Date: Project Number: Contract Award: $

Awarding Agency:

Contractor Name: Total Number of Employees

Affiliate Company:

By:

Title:

NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt).

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.

Department of Labor.

SF-100 (EEO-1) must be filed by;
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. 295Exhibit 3

EXHIBIT 3

FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/

AFFIRMATIVE ACTION REQUIREMENTS
Federal Contract Provision

1. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are trea ted during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth th e provisions of this nondiscrimination clause.

b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
296Exhibit 3

f. In the event of the contractor’s noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as ot herwise provided by law.

g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or i s threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contract or may request the United States to enter into such litigation to protect the interests of the United States.

2. EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246).

a. As used in these specifications:

(1) Covered area means the geographical area described in the solicitation from which this contract resulted;

(2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

(3) Employer Identification Number (EIN) means the Federal Social Security Number used on the E mployer’s Quarterly Federal Tax Return, United States Treasury Department Form 941.

(4) Minority includes:

(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race);
297Exhibit 3

(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through membership and participation or community identification).

b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

c. If the contractor is participating (pursuant to 41 CFR Part 60 -4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in th e Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract r esulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered cons truction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federa l procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
298Exhibit 3

e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor’s obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto.

f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ t he apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor.

g. The contractor shall take s pecific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these effo rts fully, and shall implement affirmative action steps at least as extensive as the following:

(1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project.

The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

(2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses.

(3) Maintain a current file of the name, address, and telephone numbers of each minority and female off -the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken.
299Exhibit 3

(4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collectiv e bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor’s efforts to meet its obligations.

(5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above.

(6) Disseminate the contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

(7) Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on - site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

(8) Disseminate the contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing writt en notification to and discussing the contractor’s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.

(9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and 300Exhibit 3

female students; and to minority and female recruitment and training organizations serving the contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process.

(10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and va cation employment to minority and female youth, both on the site and in other areas of a contractor’s work force.

(11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3, Uniform Guidelines on Employee Selection Procedures.

(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these emp loyees to seek or to prepare for, through appropriate training, etc., such opportunities.

(13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring a ll personnel and employment-related activities to ensure that the EEO policy and the contractor’s obligations under these specifications are being carried out.

(14) Ensure that all facilities and company activities are non -segregated except that separate or si ngle-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

(15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

(16) Conduct a review, at least annually, of all supervisors’ adherence to and performance under the contractor’s EEO policies and affirmative action obligations.

h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a 301Exhibit 3

member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s, and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance.

i. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).

j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person be cause of race, color, religion, sec or national origin.

k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

l. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Exe cutive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice).
302Exhibit 3

n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

o. Nothing herein provided sh all be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas.

The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.

3. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall:

a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non -segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports.

b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Wash ington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the 303Exhibit 3

subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

c. Send a notice of the contractor ’s commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work.

d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.

e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.

f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Area to the monthly report.

4. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246)

a. The Offeror or Bidder’s attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein.

b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregated work force in each trade on all construction work in the covered area, are as follows:

Goals for Minority Goals for Female
Participation for Participation in
Timetables Each Trade Each Trade

28.3% 6.9%

These goals are applicable to all the contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located 304Exhibit 3

outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60- 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60 -4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith ef fort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violatio n of the contract, the Executive Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall l ist the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles - Long Beach, specifically the County of Los Angeles, State of California. 305Exhibit 3

EXHIBIT 4

CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS,
WOMEN’S BUSINESS ENTERPRISE, AND LABOR SURPLUS AREA FIRMS Federal Contract Provision

1. It is national policy to award a fair share of contracts to Small business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following:

a. Including qualified Small Business and Minority Firms on solicitation lists.

b. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources.

c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation.

d. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms.

e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required.

f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above.

2. Grantees shall take similar appropriate affirmative action in support of Women’s Business Enterprises.

3. Grantees are encouraged to procure goods and services from Labor Surplus Areas.
306Exhibit 3

Exhibit 5
307Exhibit 3

EXHIBIT 6

308Exhibit 3

EXHIBIT 7

309Exhibit 3

EXHIBIT 8

CERTIFICATION OF UNDERSTANDING AND PAYROLL AUTHORIZATION Federal Compliance Form - to be submitted with Bid

Project Name/Number Awarding Agency

Company Name

Company Address

License Number Employer Identification Number DUNS Number

This is to certify that the principal{s), and the authorized payroll officer listed below, have read the "Contractor's Guide to Prevailing Wage Requirements for Federally Assisted Construction" and the Federal Labor Standards Provisions (HUD -4010 form) and that both parties understand these requirements.

The following person is designated as the payroll officer for the company and is authorized to sign the Statement of Compliance that will accompany each weekly Certified Payroll Report for the project:

PAYROLL OFFICER: (individual responsible for signing Statements of Compliance)

Name Title

Signature Date

PRINCIPAL OWNER/GENERAL PARTNER: (listed on CSLB Personnel List)

Name Title

Signature Date
310Exhibit 3

EXHIBIT 9

311Exhibit 3

EXHIBIT 10

NON-SEGREGATED FACILITIES CERTIFICATION
Federal Compliance Form - to be submitted with Bid

The Federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:

5. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments.

6. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained.

The Federally-assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in th is certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas1 parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.

The Federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

Date: Project Number:

Company:

Address:

By:

Title:
312Exhibit 3

EXHIBIT 11

PAST PERFORMANCE CERTIFICATION
Federal Compliance Form - to be submitted with Bid

The bidder, proposed sub -contractor, hereby certifies that he/she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, a required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, files with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or t he former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

Date: Project Number: Contract Award $

Awarding Agency:

Contractor Name:

Affiliate Company:

By: Title:

NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60 -1.7(b)(i), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5 (generally only contracts or subcontracts of $10,000 or under are exempt).

Proposed prime contractors and subcontractors who have participated In a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, LJ.S. Department of Labor.

SF-100 (EE0-1) must be filed by:
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (priVate employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1 .5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
b. Serve .is a depository of Government funds In any amount, or c. ls a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. 313Exhibit 3
(Date) (Title)
EXHIBIT 12

NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Federal Compliance Form - to be submitted with Bid

TO:
(Name of Labor Union, Workers Representative, etc.)

(Address)

Name of Business (Contractor):

Project Name: Project Number:

The Undersigned currently holds a contract with
involving funds of the U, S. Government, or a subcontract with a prime contractor holding such contract.

You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow:

1. Hiring, placement, upgrading, transfer or demotion;

2. Recruitment, advertising or solicitation for employment;

3. Treatment during employment;

4. Rates of pay or other forms of compensation;

5. Selection for training, including apprenticeship; and

6. Layoff or termination.

This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment.

By:
(Print Name) (Signature)
314Exhibit 3
(Date) (Title)
EXHIBIT 13

FEDERAL LOBBYIST CERTIFICATION
Federal Compliance Form - to be submitted with Bid

Name of Firm:

Address:

State: Zip Code: Telephone Number: ( )

Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract:

1. No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of and Federal grant1 loan or cooperative agreement, and any extension, continuation, renewal , amendment, or modification thereof, and;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress In connection ·with this federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying". in accordance with Its instructions, and;

3. The above name firm shall require that the language of this certification be Included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly.

NOTE: This certification ls a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering Into the transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $101000 and not more than $100,000 for each such failure.

Authorized Official:

By:
(Print Name) (Signature)
315Exhibit 3

EXHIBIT 14

316Exhibit 3

EXHIBIT 15

317Exhibit 3

EXHIBIT 16

318Exhibit 3

EXHIBIT 17

AGENCY REPORT OF CONSTRUCTION CONTRACT AWARD
(05/15/19)

TO: , Program Manager – Grants Management Unit (GMU) Date:

FROM: Local Contracting Agency Name:

Project Name: Project Number:

A formal bid opening, or informal solicitation for this construction contract was held on: Date:

A Contract Subcontract was awarded to the contractor identified below on: Date:

The contract amount for the scope of work to be performed by this Contractor, as detailed below, is: Amount:

This is or is not a Section 3 qualified construction contract A Section 3 Pre-Bid Meeting was held on: Date:

A copy of the completed Section 3 Bid Evaluation form was provided to the GMU on: Date:

The Contractor’s Eligibility was verified prior to the contract with search results from:

California Contractors State Licensing Board (CSLB) website ( http://www.cslb.ca.gov ) on: Date:

California Department of Industrial Relations (DIR) website ( https://efiling.dir.ca.gov/PWCR/Search ) on: Date:

California Department of Industrial Relations (DIR) website (https://www.dir.ca.gov/dlse/debar) on: Date:

Federal List of Parties Excluded from federal contract award website (https://www.sam.gov) on: Date:

A Notice of Contract Award letter was sent to the U.S. Dept. of Labor, OFCCP (contracts $10,000 or more) on: Date:

Identify the detailed scope of work FOR THIS CONTRACTOR Estimated Start Date: Estimated Completion Date:

Identify the work classifications to be USED BY THIS CONTRACTOR at the construction site Estimated Workforce size:

Asbestos Worker
Bricklayer
Carpenter
Cement Mason
Electrician
Equipment Operator Group
Glazier
Ironworker
Laborer Group
Labor/Striper Group
Lather
Marble setter
Painter
Plasterer
Plumber
Roofer
Sheet metal worker
Terrazzo Worker
Tile layer
(other)

The Contractor(s) acknowledge, by signature below, that: “This construction project is funded in whole or in part with Federal funds.” A copy of the Federal Labor Standards Provisions (HUD-4010 form), is attached to the contractor’s copy of this form.

A copy of the assigned Federal Wage Decision identified below, is attached to the contractor’s copy of this form.

Federal Wage Decision Number: CA Mod. , DATED (http://www.wdol.gov/).

The Contractor(s) further acknowledge that federal prevailing wage and fringe benefit rates must be paid to all workers each week.

Print Company Name above – Prime Contractor Subcontractor Print Company Name above – Subcontractor Lower-tier Employer Identification Number: Employer Identification Number:

Contractor License Number: Contractor License Number:

Authorized Signature of Company Representative Authorized Signature of Company Representative

Black American
White American
Hispanic American
Women Owned Business
Minority Owned Business
Section 3 Qualified Business
Native American
Hasidic Jews
Asian/Pacific American
Black American
White American
Hispanic American
Women Owned Business
Minority Owned Business
Section 3 Qualified Business
Native American
Hasidic Jews
Asian/Pacific American

319Exhibit 3

Tips for completing the Agency Report of Contract Award form The Agency Report of Contract Award (ARCA) form helps to protect the interest of all parties concerned and should be completed at the pre-construction conference.

Send a copy of the completed form(s) to the GMU Contract Compliance Officer via email. The ARCA is processed as follows:
• Local Contracting Agency (LCA) must;
o Enter the basic project information on the form,
o Enter the dollar amount of the Prime Contract
o Explain the prevailing wage requirements as outlined in the specifications, o Do not sign the form until it is returned, completed by the prime sub, or lower-tier contractor, o Collect form from the contractor and review for accuracy, o Initial and email completed form(s) to the GMU Contract Compliance Officer.

• Prime Contractor must;
o Provide an estimated start and end date, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower left section – business address and EEO portion, and o Sign and return the form to the LCA.
o Subcontractor form, provide the dollar amount of each subcontract • Ensure subcontractor has a copy of the HUD-4010 form & Federal Wage Decision • Collect form from the sub-contractor and review it for accuracy • Sign and forward the form to the LCA

• Sub and Lower-tier contractor must;
o Provide an estimated start and end date, and a summary the Scope of Work, o Identify the basic trades and number of workers to be used on site, o Complete lower right section – business address and EEO portion, and o Sign and return the form to the Prime Contractor.

1. Date of formal Bid Opening or Informal Solicitation Date : LCA identifies the date of formal bid opening was held. For an informal solicitation, the date that the contractor signed a construction contract with the LCA.

2. Contract Award Date: Prime Contracts, the date an agreement was signed with the LCA.

Subcontracts, the date an agreement was signed with the prime contractor.

Lower-tier contracts, the date an agreement was signed with the subcontractor.

3. Section 3 Qualified Contracts: The LCA is required to conduct a presentation of the bid preference and hiring requirements of Section 3 during the Pre- Bid Meeting . In addition, during the bid evaluations, the LCA will include a Section 3 analysis to determine each bidder’s Section 3 Responsiveness and provide GMU with a copy of their evaluation. A standard -format evaluation form is available for reference and use during the evaluation process.

4. Contractor Eligibility: Prior to awarding any contract or subcontract the LCA must ensure that each contractor is eligible to receive a federally -funded construction contract. Ensuring that each contractor’s license is current and active is part of the LCA bid evaluation process and the eligibility c heck includes:

1. Obtaining the state license number of each bidder and proposed sub-contractor

2. Contact the CA Contractor State License Board on-line at http://www.cslb.ca.gov

3. Enter the contractor’s license number and click on “Check License”

4. The License Detail page will display; Business Information, License Status, Personnel List, etc.

5. Print a copy of this page to assist in completing the contractor’s eligibility verification. a. First, access the CA Department of Industrial Relations websites:
i. at https://efiling.dir.ca.gov/PWCR/Search.action for contractor public works registration status, and ii. at https://www.dir.ca.gov/dlse/debar to ensure that the contractor is not debarred b. Next, access the Federal List of Parties Excluded from receiving federal funds on-line at https://www.sam.gov/

6. Print the results of your search and place a copy in the contractor’s Labor Standards Enforcement File

5. Contractor Acknowledgement : By signing this form the contractor(s) acknowledges that this project is federally -funded and the prevailing wage requirements of the Davis-Bacon and Related Acts will be administered, monitored, and enforced by the LCA, or their assigned representative.

6. Federal Labor Standards Provisions: A copy of the current HUD-4010 form that outlines the labor requirements for each contractor must be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $25,000. The Prime Contractor must attach a current copy of the HUD-4010 form to each subcontract.

7. Federal Wage Decision: A copy of the current Wage Decision that identifies the minimum hourly wage and fringe benefit payments to workers must also be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $2,000.

The Prime Contractor must attach a copy of the applicable Wage Decision and HUD-4010 form to each subcontractor ARCA to ensure that each sub and lower - tier contractor was informed of his/her obligation to pay p revailing hourly wages and fringe benefits to workers each week.

8. Contractor’s Acknowledgement: Federal prevailing wage and fringe benefits rates identified in the wage decision are the minimum rates to be paid to the workers each week.

9. Notice of Contract Award: For all contracts awarded in the amount of $ 10,000 or more, the LCA must ensure that a “Notice of Contract Award” letter is sent to the Office of Federal Contract Compliance Programs ( OFCCP) at the address below and a copy of the signed letter must be placed in the project file.

U.S. Department of Labor, Office of Federal Contract Compliance Programs 1640 South Sepulveda Boulevard, Suite 440
Los Angeles, CA 90024
320Exhibit 3

EXHIBIT 18

SECTION 3 REQUIREMENTS, CLAUSE, AND PROGRAM FORMS

Section 3 Requirements for Projects for Housing and Community Development Assistance (as amended) funded with Community Development Block Grant:

The purpose of Section 3 of the Housing and Urban Development Act of 1968, as amended, is to ensure that training, employment, contracting and other economic opportunities generated by HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low -income persons. Section 3 applies to training, employment, contracting and other economic opportunities in the following manner:

Housing and Community Development Financial Assistance:

In connection with housing assistance and community development financial assistance that is used for the following types of projects:

• Housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacement); • Housing construction; and
• Other public construction
SECTION 3 REQUIREMENTS
The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implements Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.

The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining Contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contract or's commitments under Section 3 and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3, shall set forth the minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected, but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR Part 75.

Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.

SECTION 3 DECLARATION OF INTENT TO COMPLY

As a minimum requirement for consideration of a contract award, the Bidder/Proposer shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and Urban Development Act of 1968, as amended (Section 3) by submitting the Declaration of Intent to Comply Form. The Bidder/Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low-income and very low-income persons residing in the service area or neighborhood in which the covered Section 3 project/service is located, and/or to award subcontracts to other Section 3 business concerns that provide economic opportunities for Section 3 workers and Targeted Section 3 workers. Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency (LCA), he/she will agree to comply with the Section 3 requirements by including the Section 3 contract language in the contract, to the greatest extent feasible, to meet the Section 3 benchmarks and report all accomplishments with required documentation on a quarterly basis for the duration of the contract.

The following Section 3 requirements apply to all LCA Section 3 covered contracts and contractors/ subcontractors funded with CDBG financial assistance:

Section 3 Workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project; and

Targeted Section 3 Workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.

SECTION 3 CERTIFICATIONS FORMS

A. SECTION 3 WORKERS must complete certification forms demonstrating they meet the eligibility requirements.

A Section 3 Worker is any worker who currently fits, or when hired within the past five years fit, at least one of the following categories, as documented:

1. The worker’s income for the previous or annualized calendar year is below the income limit
established by HUD

2. The worker is employed by a Section 3 business concern; or

3. The worker is a YouthBuild participant

B. A SECTION 3 TARGETED WORKER for Housing and Community Development 322Exhibit 3

Financial Assistance projects is a Section 3 Worker who:

1. Is employed by a Section 3 business concern; or

2. Currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, as defined in 24 CFR §75.5; or
(ii) A YouthBuild participant

C. SECTION 3 BUSINESS CONCERN CERTIFICATION
Businesses that meet one of the following criteria within the last 6 months qualify as a Section 3 Business Concern. Local contracting agencies must verify Section 3 Business Concern status at the time the contract is awarded.

1. At least 51% owned and controlled by low-income or very low-income persons

2. Over 75% of labor hours performed for the business over prior 3-month period are performed by Section 3 Workers

3. At least 51% owned and controlled by current residents of public housing or Section 8 assisted housing

4. The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.

Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.

COMPLIANCE WITH SECTION 3 BENCHMARKS

Compliance with Section 3 benchmarks shall be achieved, to the greatest extent feasible consistent with existing Federal, state and local laws and regulations to provide economic opportunities for Section 3 workers and Targeted Section 3 workers. HUD regulations outline requirements to serve as a measurement of compliance with the “greatest extent feasible.” The benchmarks apply to all Section 3 projects awarded in any fiscal year.

The Contractor/Subcontractor will be considered to have complied with S ection 3 benchmarks, in the absence of evidence to the contrary, if they meet all goals and certify compliance with prioritization requirements as follows. Participating contractor/Subcontractor should update their policies and procedures for tracking labo r hours via Certified Payrolls (CPRs), timesheets, and other documents to ensure compliance with the Section 3 requirements. The Contractor/Subcontractor will have complied if they meet these benchmarks:

• Community development financial assistance benchmarks:

o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.
323Exhibit 3

Should the Contractor/Subcontractor fail to meet the Section 3 benchmarks as described above in this section, the Contractor/Subcontractor shall submit the S ection 3 Qualitative Efforts Form that describes the qualitative nature of the activities. Examples of qualitative efforts includes, but are not limited to the following:

• Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. • Provided training or apprenticeship opportunities.
• Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
• Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
• Held one or more job fairs.
• Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare).
• Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training. • Assisted Section 3 workers to obtain financial literacy training and/or coaching. • Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. • Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
• Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
• Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
• Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
• Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act 17.

JOBSITE POSTING REQUIREMENTS

After contract award, the contractor’s completed and signed Declaration of Intent to Comply must be posted at the jobsite and include the contractor’s job opportunities available to local qualified low-income residents. The posting must include the contact information of the contractor’s hiring official and identify the place and time where prospective employees can obtain and submit an application for employment and Section 3 Worker Certification and Section 3 Target Worker Forms.

REQUIRED FORMS FOR THE SOLICITATION PACKAGE

• Declaration of Intent to Comply with Section 3 Requirements Certification • Section 3 Worker Certification
• Section 3 Target Worker Certification
• Section 3 Business Concern Certification
• Section 3 Qualitative Efforts Form
324Exhibit 3

SECTION 3 CLAUSE

Section 3 of the Housing and Urban Development Act of 1968, As Amended:

The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implements Section

3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.

The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining Contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under Section 3, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the n otice. The notice shall describe the Section 3, shall set forth the minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applica tions for each of the positions; and the anticipated date the work shall begin.

The Contractor agrees to include this Section 3 contract language in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 contract language, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected, but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR Part 75.

Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. 325Exhibit 3

To Be Completed by the Employer

The employee was hired on:

This employee meets the following: □ HUD Income Limits □ Section 3 Business Employee □ YouthBuild Participant Business Name:

Print Name of Owner / Agent:

Signature of Owner / Agent: Date:

TO BE COMPLETED BY LOCAL CONTRACTING AGENCY

Reviewed by: Date:

TARGETED SECTION 3 WORKER CERTIFICATION
FOR

LOS ANGELES COUNTY RESIDENTS
(EFFECTIVE JULY 1, 2022)

Employee Name:

Address:

City/State/Zip Code:

I hereby state that I currently or within the past five (5) years can document at least one of the following categories:

I am an employee who, when hired, can document that at least one of the following currently or within the past five (5) years applies to me:

 I am/was a low-income person living within one m i le of th i s project s i te

 A YouthBuild Participant

 I am employed by a Section 3 business

I declare under penalty of perjury under the laws of the State of California that theinformation stated above is true and correct.

Employee Signature Date

2022 Section 3 Worker Certification (HCD) 7-12-22
326Exhibit 3

To Be Completed by the Employer

The employee was hired on:

This employee meets the following: □ HUD Low-Income Limits □ Section 3 Business Employee □ YouthBuild Participant Business Name:

Print Name of Owner / Agent:

Signature of Owner / Agent: Date:

SECTION 3 WORKER CERTIFICATION
FOR

LOS ANGELES COUNTY RESIDENTS
(EFFECTIVE JULY 1, 2022)

Employee Name:

Address:

City/State/Zip Code:

I hereby state that I currently or within the past five (5) years can document at least one of the following categories:

1. ☐ I am a resident in the County of Los Angeles with a total annual household income within the income limits selected in the table below:

CIRCLE your household size and CHECK household gross annual income level from all sources:

Household Size Total Household Income
1 ☐ $25,050 or Less ☐ $25,051 to $41,700 ☐ $41,701 to $66,750 2 ☐ $28,600 or Less ☐ $28,601 to $47,650 ☐ $47,651 to $76,250 3 ☐ $32,200 or Less ☐ $32,201 to $53,600 ☐ $53,601 to $85,800 4 ☐ $35,750 or Less ☐ $35,751 to $59,550 ☐ $59,551 to $95,300 5 ☐ $38,650 or Less ☐ $38,651 to $64,350 ☐ $64,351 to $102,950 6 ☐ $41,500 or Less ☐ $41,501 to $69,100 ☐ $69,101 to $110,550 7 ☐ $44,350 or Less ☐ $44,350 to $73,850 ☐ $73,851 to $118,200 8 ☐ $47,200 or Less ☐ $47201 to $78,650 ☐ $78,651 to $125,800

2. ☐ I am employed by a Section 3 business, and/or

3. ☐ I am a YouthBuild participant.

I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.

Employee Signature Date

2022 Section 3 Worker Certification 7/1/2022
327Exhibit 3
Declaration of Intent to Comply with Section 3 Requirements Rev. 9.1.21

DECLARATION OF INTENT TO COMPLY WITH
SECTION 3 REQUIREMENTS

As a minimum requirement for consideration of a contract award, the Bidder/Proposer shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and Urban Development Act of 1968, as amended (Section 3). The Bidder/Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low-income and very low-income persons residing in the service area or neighborhood in which the covered Section 3 project/service is located, and/or to award subcontracts to other Section 3 business concerns that provide economic opportunities for Section 3 workers and Targeted Section 3 workers.

Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency (LCA),he/she will agree to comply with the Section 3 requirements by including the Section 3 contract language in the contract, to the greatest extent feasible, to meet the Section 3 benchmarks and report all accomplishments with required documentation on a quarterly basis for the duration of the contract.

The Section 3 benchmarks apply to all Section 3 covered contracts as follows:
• Public housing financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed of which is included as part of the 25% threshold in the previous bullet.
• Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.

Failure of the Bidder/Proposer to agree to comply with the Section 3 requirements and reporting obligations shall be grounds for determining the Bidder/Proposer non - responsive, and no further consideration for contract award shall be granted.

I declare under penalty of perjury under the laws of the State of California that we agree to comply with the Section 3 requirements as stated above.

Name of Contractor/Subcontractor Address
Print Name Title
Signature Date
328Exhibit 3
Section 3 Business Concern Certification Rev. 9.1.21

TO BE COMPLETED BY LOCAL CONTRACTING AGENCY STAFF
This business meets the following category:
□ 51% owned by low- or very low-income persons,
□ 75% of labor hours performed by Section 3 workers, or □ 51% currently owned and controlled by public housing or Section 8-assisted housing residents.

Approved by: (Print Name) Signature: Date:

SECTION 3 BUSINESS CONCERN CERTIFICATION

Business Name:

Address:

City/State/Zip Code:

Telephone Number: Email Address:

This business is a Section 3 business concern based on one of the following categories, as documented:

A. Business is 51% or more owned by low- or very low-income persons, (Attach a Section 3 Worker Certification(s) for each owner to this certification.) B. Over 75 percent (75%) of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers, Provide the following information for the prior three-month period:
• Indicate total number of labor hours performed by Section 3 workers: Hours • Indicate total number of labor hours performed by all workers: Hours • Calculate the percentage of labor hours by Section 3 workers: % (Attach the Section 3 Worker Certifications and Section 3 Labor Hours Reports.) or
C. Business is 51% or more owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
(Attach proof of public housing or Section 8-assisted housing residence.)

(NOTE: FAILURE OF THE BUSINESS TO PROVIDE THE REQUIRED DOCUMENTATION AS NOTED ABOVE SHALL BE GROUNDS FOR THE LCA TO DETERMINE THE BUSINESS A NON-SECTION 3 BUSINESS CONCERN.)

I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.

Signature Title Date

329Exhibit 3

QUALITATIVE EFFORTS FOR CONTRACTORS

☐ Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.

Date of Outreach Effort Address of Outreach Effort

☐ Provided training or apprenticeship opportunities.

Date of Training Address of Training

☐ Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).

Date of Technical Assistance Address of Technical Assistance

Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.

Date of Workers Assistance Address of Workers Assistance

☐ Held one or more job fairs.

Date of Job Fair Address of Job Fair

Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare).
☐
☐
☐
330Exhibit 3

Date of Referral Type of Service Provided or Referred

☐ Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.

Date of Assistance Type of Educational Assistance Provided

☐ Assisted Section 3 workers to obtain financial literacy training and/or coaching.

Date of Assistance Type of Training/Coaching Provided

☐ Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.

Date of Outreach Description of Outreach

☐ Provided technical assistance to help Section 3 business concerns understand and bid on contracts.

Date of Technical Assistance Name of Business Concern

☐ Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Name of Business Concern

☐ Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Name of Business Concern Description of Assistance

331Exhibit 3

Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.

Date of Activity Name of Business Registry

☐ Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act 17.

Date of Activity Description of Activity

Other:

Date of Activity Description of Activity

☐
☐
332Exhibit 3

CONTRACTOR'S CERTIFICATE
REGARDING WORKERS’ COMPENSATION

Labor Code Section 3700

"Every employer except the state shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state.

(b) By securing from the Director of Industrial Relations a certificate of consent to self -insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self - insure and to pay any compensation that may become due to his or her employees.

(c) For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Directo r of Industrial Relations a certificate of consent to self -insure against workers' compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers' compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self -insure against workers' compensation claims. The certificate shall be issu ed and be subject to the provisions of Section 3702.

For purposes of this section, "state" shall include the superior courts of California.”

I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured again st 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.

CONTRACTOR

By:

AUTHORIZED REPRESENTATIVE

TITLE

(In accordance with Article 5 {commencing at Section 1860}, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) 333Exhibit 3

EXHIBIT 20

FEDERAL WAGE DECISION

INCORPORATED INTO THE CONSTRUCTION CONTRACT AS PART OF THE BID

DOCUMENT TO BE PHYSICALLY ATTACHED TO ALL SUBCONTRACTS WITH THE HUD-4010 FEDERAL LABOR STANDARDS PROVISIONS
334Exhibit 3

DOL FEDERAL WAGE DETERMINATION
335Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] "General Decision Number: CA20230022 02/10/2023
Superseded General Decision Number: CA20220022
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway

County: Los Angeles County in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

The applicable Executive Order minimum wage rate will be 336Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/06/2023
1 01/13/2023
2 01/20/2023
3 02/10/2023

ASBE0005-002 07/04/2022

Rates Fringes

Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems). ... $ 49.58

25.27 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66

ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not). .. $ 23.52

13.37 BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER. ..................... $ 46.03 38.81
337Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM]

* BRCA0004-007 05/01/2020

Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.53 19.48
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate

BRCA0018-004 06/01/2022

Rates Fringes

MARBLE FINISHER. ................. $ 37.87 14.13
TILE FINISHER. ................... $ 32.44 12.54
TILE LAYER. ..................... $ 45.05 18.33
BRCA0018-010 09/01/2022

Rates Fringes

TERRAZZO FINISHER................$ 38.37 14.13
TERRAZZO WORKER/SETTER...........$ 46.49 14.66

CARP0213-001 07/01/2021

Rates Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer. ................. $ 51.60 16.28
(2) Millwright. ............ $ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial). .............. $ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler. ............. $ 51.85 16.28
(5) Sawfiler. ............. $ 51.69 16.28
(6) Scaffold Builder. ..... $ 42.80 16.28
(7) Table Power Saw
Operator. .................. $ 51.70 16.28

FOOTNOTE: Work of forming in the construction of open cut 338Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.

CARP0213-002 07/01/2021

Rates Fringes

Diver
(1) Wet. ................... $ 834.40 16.28
(2) Standby. ................ $ 445.84 16.28
(3) Tender. ................ $ 437.84 16.28
(4) Assistant Tender. ....... $ 413.84 16.28

Amounts in ""Rates' column are per day

CARP0213-004 07/01/2021

Rates Fringes

Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62

CARP0721-001 07/01/2021

Rates Fringes

Modular Furniture Installer......$ 21.85 7.15

ELEC0011-004 07/25/2022

Rates Fringes

ELECTRICIAN (INSIDE

ELECTRICAL WORK)
Journeyman Electrician......$ 55.05 3%+29.37

ELECTRICIAN (INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting, Traffic Signals,
CCTV,and Underground Systems)
Journeyman Transportation
Electrician.................$ 57.20 3%+29.37
Technician..................$ 42.90 3%+29.37

FOOT NOTE:

CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate.

TUNNEL WORK: 10% additional per hour.
339Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM]

SCOPE OF WORK - TRANSPORTATION SYSTEMS

ELECTRICIAN:

Installation of street lights and traffic signals,including electrical circuitry, programmable controllers,
pedestal-mounted electrical meter enclosures and laying of pre-assembled multi-conductor cable in ducts, layout of electrical systems and communication installation,
including proper position of trench depths and radius at duct banks, location for man
holes, pull boxes, street lights and traffic signals.

Installation of underground ducts for electrical,telephone, cable television and communication systems.

Pulling,termination and
splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable.

TECHNICIAN:

Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems
including interconnect, detector loop, fiber optic cable and video/data.

* ELEC0011-005 12/27/2021

COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems)

Rates Fringes
Communications System
Installer...................$ 43.87 3%+15.03
Technician..................$ 33.30 3%+27.82

SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock
systems.

A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above
340Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data
systems

B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave Guide

C. *Fire Alarm Systems-installation, wire pulling and
testing.

D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and CCTV

E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems

*Fire Alarm Systems

1. Fire Alarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and fringe benefits.

2. Fire Alarms-Open Wire Systems: installed by the Technician.

ELEC1245-001 06/01/2022

Rates Fringes

LINE CONSTRUCTION

HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment). ........... $ 50.00 21.30
(3) Groundman. .............. $ 38.23 20.89
(4) Powderman. .............. $ 51.87 18.79

341Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day

ELEV0018-001 01/01/2023

Rates Fringes
ELEVATOR MECHANIC................$ 63.95 37.335+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service.

b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.

ENGI0012-003 07/01/2022
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 51.90 30.70
GROUP 2....................$ 52.68 30.70
GROUP 3....................$ 52.97 30.70
GROUP 4....................$ 54.46 30.70
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 54.68 30.70
GROUP 8....................$ 54.79 30.70
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 54.91 30.70
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 55.08 30.70
GROUP 13....................$ 55.18 30.70
GROUP 14....................$ 55.21 30.70
GROUP 15....................$ 55.29 30.70
GROUP 16....................$ 55.41 30.70
GROUP 17....................$ 55.58 30.70
GROUP 18....................$ 55.68 30.70
GROUP 19....................$ 55.79 30.70
GROUP 20....................$ 55.91 30.70
GROUP 21....................$ 56.08 30.70
GROUP 22....................$ 56.18 30.70
GROUP 23....................$ 56.29 30.70
GROUP 24....................$ 56.41 30.70
GROUP 25....................$ 56.58 30.70
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 53.25 30.70
342Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] GROUP 2 ....................$ 54.03 30.70
GROUP 3 ....................$ 54.32 30.70
GROUP 4 ....................$ 54.46 30.70
GROUP 5 ....................$ 54.68 30.70
GROUP 6 ....................$ 54.79 30.70
GROUP 7 ....................$ 54.91 30.70
GROUP 8 ....................$ 55.08 30.70
GROUP 9 ....................$ 55.25 30.70
GROUP 10. ...................$ 56.25 30.70
GROUP 11. ...................$ 57.25 30.70
GROUP 12. ...................$ 58.25 30.70
GROUP 13. ...................$ 59.25 30.70
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1 ....................$ 54.53 30.70
GROUP 2 ....................$ 54.82 30.70
GROUP 3 ....................$ 54.96 30.70
GROUP 4 ....................$ 55.18 30.70
GROUP 5 ....................$ 55.29 30.70
GROUP 6 ....................$ 55.41 30.70
GROUP 7 ....................$ 55.71 30.70

PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton

Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman

GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating 343Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] plant operator; Trenching machine oiler

GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator

GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck

GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).

GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
344Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator

GROUP 9: Heavy Duty Repairman

GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
345Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)

GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.

GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)

GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)

GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)

GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)

GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)

GROUP 17: Rubber-tired earth-moving equipment operator, 346Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)

GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)

GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)

GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)

GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)

GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)

GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)

GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with 347Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)

GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS

GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)

GROUP 2: Truck crane oiler

GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)

GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator

GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)

GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator

GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)

GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)

GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons

GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 348Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry

GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)

GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)

GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)

TUNNEL CLASSIFICATIONS

GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)

GROUP 2: Power-driven jumbo form setter operator

GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)

GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)

GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)

GROUP 6: Heavy Duty Repairman
349Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] GROUP 7: Tunnel mole boring machine operator

ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:

That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.

Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.

Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.

Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.

Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM

$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:

That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side 350Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.

Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.

Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.

Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.

$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:

That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.

Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.

Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.

Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of 351Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] Section 18, T10N, R22E, MDM.

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE

ENGI0012-004 08/01/2022

Rates Fringes

OPERATOR: Power Equipment
(DREDGING)
(1) Leverman. .............. $ 61.60 32.50
(2) Dredge dozer. .......... $ 55.63 32.50
(3) Deckmate. .............. $ 55.52 32.50
(4) Winch operator (stern
winch on dredge). .......... $ 54.97 32.50
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand. .................. $ 54.43 32.50
(6) Barge Mate. ............ $ 55.04 32.50
IRON0433-006 01/01/2023

Rates Fringes

IRONWORKER
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 46.20 34.30

PREMIUM PAY:

$6.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB

$4.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center

$2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock

352Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] LABO0300-001 07/01/2022

Rates Fringes
Brick Tender.....................$ 37.32 21.45

LABO0300-003 07/01/2022
Rates Fringes

LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
GROUP 2.....................$ 46.00 23.30
GROUP 3.....................$ 46.46 23.30
GROUP 4.....................$ 47.15 23.30

LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04

LABORER CLASSIFICATIONS

GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations

GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power 353Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower

GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled

GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast

GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all 354Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] other types of mechanical drills without regard to the form of motive power; Toxic waste removal

TUNNEL LABORER CLASSIFICATIONS

GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.)

GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars;; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader

GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher

GROUP 4: Diamond driller; Sandblaster; Shaft and raise work

LABO0300-005 08/01/2022

Rates Fringes
Asbestos Removal Laborer.........$ 39.23 23.28
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.

LABO0345-001 07/01/2022
Rates Fringes

LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
355Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.

GUNITE LABORER CLASSIFICATIONS

GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen

LABO1184-001 07/01/2022

Rates Fringes

Laborers: (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32

LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
356Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment

GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper

GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment

LABO1414-001 08/03/2022

Rates Fringes

LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.

PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 33.12 17.24

REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.

PAIN0036-006 09/01/2022

Rates Fringes
357Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM]

DRYWALL FINISHER/TAPER
Antelope Valley North of
the following Boundary:

Kern County Line to Hwy.
#5, South on Hwy. #5 to
Hwy. N2, East on N2 to
Palmdale Blvd., to Hwy.
#14, South to Hwy. #18,
East to Hwy. #395........... $ 42.15 23.52
Remainder of Los Angeles
County...................... $ 46.28 23.52
PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up

PAIN1247-002 08/01/2022

Rates Fringes

SOFT FLOOR LAYER. ............... $ 39.95 15.28
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER. ...................... $ 47.37

19.64 PLAS0500-002 07/01/2020

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91

PLUM0016-001 09/01/2022
Rates Fringes

PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 53.51 25.28
Work ONLY on strip malls,
358Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] light commercial, tenant
improvement and remodel
work........................$ 40.95 23.61
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 55.18 26.26

PLUM0345-001 09/01/2022

Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Sewer & Storm Drain Work....$ 42.29 23.03

ROOF0036-002 08/01/2022
Rates Fringes
ROOFER...........................$ 43.47 19.52
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.

SFCA0669-013 04/01/2022

DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:

Rates Fringes
SPRINKLER FITTER.................$ 43.25 26.77
SFCA0709-005 01/01/2021

THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:
359Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] Rates Fringes
SPRINKLER FITTER (Fire)..........$ 48.71 29.15

SHEE0105-002 01/01/2023

LOS ANGELES (South of a straight line between Gorman and Big Pines including Catalina Island)

Rates Fringes

SHEET METAL WORKER
(1) Light Commercial: Work
on general sheet metal and
heating and AC up to 4000
sq ft.......................$ 32.20 10.56
(2) Modernization :

Excluding New Construction
- Under 5000 sq. ft. Does
not include modification,
upgrades, energy
management, or
conservation improvements
of central heating and AC
equpment....................$ 32.20 10.86

SHEE0105-003 01/01/2023

LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES

Rates Fringes

SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 53.67 29.74
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 53.67 29.74
SHEE0105-004 07/01/2022
KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including 360Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] Cities of Lancaster and Palmdale) COUNTIES

Rates Fringes

SHEET METAL WORKER...............$ 42.53 28.94

* TEAM0011-002 07/01/2022

Rates Fringes

TRUCK DRIVER
GROUP 1....................$ 36.19 32.54
GROUP 2....................$ 36.34 32.54
GROUP 3....................$ 36.47 32.54
GROUP 4....................$ 36.66 32.54
GROUP 5....................$ 36.69 32.54
GROUP 6....................$ 36.72 32.54
GROUP 7....................$ 36.97 32.54
GROUP 8....................$ 37.22 32.54
GROUP 9....................$ 37.42 32.54
GROUP 10....................$ 37.72 32.54
GROUP 11....................$ 38.22 32.54
GROUP 12....................$ 38.65 32.54

WORK ON ALL MILITARY BASES:

PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]

TRUCK DRIVERS CLASSIFICATIONS

GROUP 1: Truck driver

GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom

GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver

GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level

GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and 361Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] plastic fusion, limited to pipeline and utility work;
Slurry truck driver

GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level

GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver

GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder

GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over

GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment

GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after 362Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a 363Exhibit 3
file:///C/...neDrive%20-%20Michael%20Baker%20International/Desktop/DBA%20CA20230022%20Mod%203%20Dated%202-10-2023.txt[2/27/2023 1:28:24 PM] new survey is conducted.

Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

Bell Gardens City CouncilMay 22, 2023

Bell Gardens City Council
May 22, 2023