Bell Gardens City Council
March 10, 2025

28 6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY.

(SIGNATURES ON NEXT PAGE)

29 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
CONSULTANT NAME:

By:

Name:

Title:

Date:

30 EXHIBIT “A”

CITY RFP

31 EXHIBIT “B”

CONSULTANT PROPOSAL

20 EXHIBIT “B”

CONSULTANT PROPOSAL

HEARING OFFICERS
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SERVIAM BY WRIGHT LLP

PROPOSAL
in response to

CITY OF BELL GARDENS
REQUEST FOR PROPOSAL #1251
FOR

HEARING OFFICER SERVICES
PRESENTED TO:

Bid Due Date: February 25, 2025 at 5:00 PM

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Izabela Mijic
[email protected]
3 Corporate Park, Suite 100
Irvine, California 92606
949-535-1684
February 20, 2025

SUBMITTED VIA EMAIL

Mayra Garcia,
Housing Programs Manager
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7728
[email protected]

Subject: Request for Proposal No. 1251—Hearing Officer Services SERVIAM BY WRIGHT LL P Proposal
Dear Ms. Garcia:

SERVIAM BY WRIGHT LLP (“SERVIAM”) is pleased to present this proposal (“Proposal”) to the City of Bell Gardens (“City”) in response to the City’s Request for Proposal #1251 for Hearing Officer Services (“RFP”).

SERVIAM has thoroughly reviewed City of Bell Garden’s RFP and understands the services requested by the City. S ERVIAM will enter into a contract under the terms and conditions as identified in the sample agreement enclosed with this RFP.

SERVIAM was founded with the idea that representing public entities is not just a part of our practice, it is the core focus of our practice. Our firm provides hearing officer services for local municipalities having rent stabilization programs, as well as for code enforcement actions, and citation/impound appeals. SERVIAM’s experience in providing general liability legal services to its clients throughout the State of California, in both State and federal trial and appellate courts, including general liability and civil litigation defense, public entity tort claims, prosecutions for code enforcement, cannabis law violations, nuisance abatement, housing and building code violations, receiverships, administrative law, and land use, serve as a solid foundation for its role in providing hearing officer services.

Recently recognized as the top Civic 50 in Orange County by Points of Light Network affiliate OneOC, and the Daily Journal as a “Top Boutique Law Firm” for its work and extensive volunteerism for the profession and local communities, SERVIAM is an established, well-qualified, and experienced statewide municipal law firm located in Irvine, California, and organized as a limited liability partnership. It is a certified military Veteran-owned Small Business Enterprise

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(VSBE), and a registered contractor with the U.S. Government’s System for Award Management, aka SAM.Gov.

SERVIAM’s authorized primary contact person, who has a combined ten years of experience in litigating, directing, and administering administrative law services, including those similar to those solicited in this RFP, and who will negotiate with the City of Bell Gardens in regard to this proposal and any subsequently awarded contract is:

CURTIS R. WRIGHT, Managing Partner
3 Corporate Park, Suite 100
Irvine, CA 92606
E-mail: [email protected]
PH: (949) 529-5922 FAX: (949) 385-6428
SERVIAM does not have any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement.

Thank you for your consideration of our Proposal, and we look forward to the potential opportunity to serve the City of Bell Gardens to provide Hearing Officer Services.

Sincerely,

____________________
Izabela Mijic
Chief Marketing Officer

SERVIAM BY WRIGHT LLP

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TABLE OF CONTENTS

COVER LETTER ........................................................................................................................p. 0 TRANSMITTAL LETTER .........................................................................................................p. 1 QUALIFICATIONS AND STAFFING ......................................................................................p. 4 REFERENCES ..........................................................................................................................p. 13 COST PROPOSAL ....................................................................................................................p. 14 EVIDENCE OF INSURANCE..................................................................................................p. 14 CONCLUSION ..........................................................................................................................p. 15 CURTIS R. WRIGHT CURRICULUM VITAE ........................................................... EXHIBIT A BRIAN T. CHU CURRICULUM VITAE..................................................................... EXHIBIT B RENE L. FARJEAT CURRICULUM VITAE .............................................................. EXHIBIT C RICHARD K. KUDO CURRICULUM VITAE ........................................................... EXHIBIT D NICOLAS L. JABER CURRICULUM VITAE ............................................................ EXHIBIT E ISABEL V. CRUZ CURRICULUM VITAE ................................................................ EXHIBIT F ACORD CERTIFICATE ............................................................................................... EXHIBIT G

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QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL
SERVIAM was formed by experienced attorneys dedicated to, and specializing in, providing public agencies with expert legal services at very competitive rates. S ERVIAM has seasoned municipal law attorneys with significant knowledge in a broad range of municipal law practice areas, including specialized experience in rent stabilization, public entity tort and general liability litigation, code enforcement, cannabis enforcement law, nuisance abatement, housing and building code laws, receiverships, administrative law, and land use litigation.

The following qualified SERVIAM attorneys are expected to be assigned to this relationship:

Curtis R. Wright Bar No. 273323 Primary/Lead Hearing Officer Brian T. Chu Bar No. 161900 Back-up Hearing Officer
Rene L. Farjeat Bar No. 301188 Back-up Hearing Officer
Richard K. Kudo Bar. No. 84630 Back-up Hearing Officer
Nicolas L. Jaber Bar No. 349596 Back-up Hearing Officer Isabel V. Cruz Bar. No. 359842 Back-up Hearing Officer

None of the listed attorneys who will be assigned to perform work in this relationship have any litigation, pending litigation, or complaints to the State Bar Association.

CURTIS R. WRIGHT, Managing Partner/Attorney
Curtis R. Wright is a founding partner of S ERVIAM and he will serve as the primary contact person and lead hearing officer for all cases in this relationship. Mr. Wright specializes in administrative law, code enforcement, receiverships, land-use, and cost recovery law and litigation for municipalities. He received his Juris Doctorate magna cum laude from the University of La Verne and was admitted to the State Bar of California in 2010. His undergraduate degree is a Bachelor of Science in Business Entrepreneurship from the University of Southern California.

Having served as City Attorney, Mr. Wright has drafted ordinances, resolutions, and legislation; he has drafted, negotiated, and reviewed contracts and development agreements; he has attended

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and advised during City Council Meetings and Planning Commission meetings; and he has prosecuted various civil, criminal, and administrative violations of the municipal code.

Mr. Wright has been published multiple times on various legal topics and has taught classes and led presentations on various aspects of municipal law, federal and State regulatory preemption, code enforcement, municipal cost recovery, and administrative hearings and procedures. Copies of Mr. Wright’s publications and presentations are available upon request. Prior to law school, Mr. Wright was a Captain and Ranger in the United States Army. He is a combat veteran and was deployed to Iraq as part of Operation Iraqi Freedom where he led combat missions and civil- military operations. A copy of Mr. Wright’s Curriculum Vitae is attached to this Proposal as Exhibit A.

Mr. Wright’s references are listed below:
1) Mr. Jason Ledbetter
City Manager

CITY OF YREKA
701 Fourth Street
Yreka, CA 96097
[email protected]
530-841-2321

2) Mr. Michael Dorsey
Chief of Police

CITY OF FONTANA
17005 Upland Avenue
Fontana, CA 92335
[email protected]
949-350-7702

3) Ms. Carrie Rios
Community Improvement Manager

CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
[email protected]
909-477-2712

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BRIAN T. CHU, Partner/Attorney
Brian Chu (California Bar number 161900, admitted 12/14/1992) is a Partner at SERVIAM.

Mr. Chu earned his Juris Doctor in 1992 from the University of San Diego, School of Law, and has over 30 years of experience in litigating cases, both in private and public entity practice. In the last 25 years, he was a Principal Deputy County Counsel in the Office of the Los Angeles County Counsel, representing the County and its employees while assigned to its General Litigation (1998–2016) and Health Services (2016–2023) Divisions, as well as supervising outside counsel retained for litigation. He is an honorably retired Reserve Police Lieutenant of the Monterey Park Police Department (1995–2021 ret.). Relevant to the RFP services, Mr. Chu has over 37 years of experience as a manager of medium-scale multi-unit (26-80 units) and single family residential rental housing and commercial office properties, as well as a real estate investor himself.

Mr. Chu represented and provided litigation/legal and strategic advice on government agency operations to the Los Angeles County Board of Supervisors and county departments such as the Medical Examiner, Sheriff’s Department, Health Services, Mental Health, Public Health, Public Works, Parks and Recreation, and Beaches and Harbors, to name a few.

Mr. Chu supervisory and management experience includes supervising the County Counsel in-house Claims Unit for four years, which processed, investigated, and/or adjusted approximately 4,000 tort claims annually. His responsibilities included reviewing thousands of documents, including voluminous electronic data. He is knowledgeable in HIPAA/CMIA privacy laws and the California Public Records Act, and has advised clients regarding these areas of law on numerous occasions. Particularly with these issues, he advised the Los Angeles County Emergency Medical Services Agency, and the Departments of Health Services, Mental Health, Public Health, and Medical Examiner.

Mr. Chu has litigated numerous cases in State and federal trial courts, from jury trials through appeals, as well as administrative disciplinary and contract debarment actions. His scope of public entity practice includes, but is not limited to, government tort claims and litigation, dangerous conditions of public property, general negligence, automobile accidents, civil rights, law enforcement use of force, false arrest, contracts, employment law, bail bond law, wrongful death, and traumatic injuries. Examples of litigated cases handled by Mr. Chu (as “solo chair”):
 Kurt MacLean v. County of Los Angeles, et al., Los Angeles Superior Court Case No. BC220482 (Court of Appeal Case No. B153835) – Catastrophic injury lawsuit against County Fire Department firefighter alleging negligent failure to direct vehicular traffic approaching an accident scene on a windy

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mountain road. As the plaintiff motorcyclist emerged from a road curve, he rear-ended a truck that stopped after its driver misinterpreted the firefighter’s hand signals. The plaintiff suffered severe physical injuries, including traumatic brain injury, and sought $10+ million in economic and non-economic damages. Mr. Chu granted an order of nonsuit, which was affirmed on appeal in 2003.

 Daryl Wayne Nash v. Earl Rehor, et al ., Los Angeles Superior Court Case No. MC010333 (consolidated) – Wrongful death lawsuit alleging a dangerous roadway condition that involved an auto versus auto collision, in the middle of a rural, split jurisdiction (County/CalTrans) intersection. The plaintiffs sought $3+ million in wrongful death damages. A jury rendered a defense verdict in 2002.

 William Gornik v. County of Los Angeles, Los Angeles Superior Court Case no. SC089371 (Court of Appeal Case no. B200394) – Mr. Chu represented the County in a solo bicycle accident allegedly caused by displaced pavement on a bike/pedestrian path. The trial court granted his motion for judgment on the pleadings based on the recreational trail immunity (Govt.

Code § 831.4). The Court of Appeal affirmed the judgment in 2008.

Notably, Mr. Chu also has extensive appellate experience, having argued over 85 cases in state and federal appellate courts, including three appearances in front of the California Supreme Court involving bail bond forfeitures: People v. Financial Casualty & Surety, Inc . (2016) 2 Cal.5th 35; People v. Safety National Casualty Corp. (2016) 62 Cal.4th 703; and People v.

Indiana Lumbermens Mutual Ins. Co. (2010) 49 Cal.4th 301, all in favor of the County of Los Angeles.

In addition to directly handling litigation, for 17 years Mr. Chu supervised outside counsel law firms assigned to defend the County in civil litigation, some of whom are the largest firms serving the Los Angeles County area.

Prior to the County Counsel’s Office, Mr. Chu gained jury trial experience as an Associate Attorney at the Santa Ana Office of LaFollette, Johnson, DeHaas, Fesler & Ames (1993–1998), with a scope of insurance defense practice in general liability and construction defects. He handled cases from pleadings, discovery, law and motion, and trial through appeals, and writ petitions. A copy of Mr. Chu’s Curriculum Vitae is attached to this Proposal as Exhibit B.

Mr. Chu’s references are listed below:
1) Dawyn Harrison

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County Counsel
Los Angeles County Counsel
Period: 1998-2023
General Litigation and Health Services Divisions
500 W. Temple Street, 6th Floor
Los Angeles, CA 90012
[email protected]
(213) 974-1811

2) Richard Tadeo
Director
Los Angeles County Emergency Medical Services Agency
Period: 2016-2023
10100 Pioneer Blvd., 2nd Floor
Santa Fe Springs, CA 90670
[email protected]
(562) 378-1610

3) Dr. Jonathan Lucas, M.D.

Former Chief Medical Examiner, County of Los Angeles
(Now, Chief Deputy Medical Examiner
San Diego County Department of Medical Examiner)
Period: 2016-2023
5570 Overland Ave., #101
San Diego, CA 92123
[email protected]
(858) 694-3351

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RENE L. FARJEAT, Partner/Attorney
Rene L. Farjeat (California Bar Number 301188, admitted 2014) is a Partner at SERVIAM Mr. Farjeat earned his Juris Doctor from the University of Southern California, Gould School of Law, in 2014, where he was a recipient of the USC Law School Merit Scholarship. He also graduated Magna Cum Laude from the University of Southern California in 2011 with a Bachelor of Arts in Political Science. During his undergraduate studies, he was a USC Trustee Scholar and consistently achieved Dean’s List recognition.

Since joining SERVIAM in 2016, Mr. Farjeat has developed a practice specializing in representing public agencies across a diverse array of legal matters. His expertise includes code enforcement, receiverships, police services, land use, zoning and planning, municipal law and litigation, nuisance and graffiti abatement, administrative law, business law, constitutional law, and tort defense. He has successfully handled complex litigation matters in state, appellate, and federal courts, preparing and arguing a high volume of pleadings, motions, and trial documents.

Mr. Farjeat is experienced in all phases of trial preparation, including discovery, depositions, mediation, and settlement negotiations.

Mr. Farjeat is also well-versed in transactional law, having drafted contracts, lease agreements, employment agreements, ordinances, and resolutions for municipal clients. In addition to his legal advocacy, he frequently represents public agencies in city council meetings, planning commission sessions, administrative hearings, and other governmental proceedings. His comprehensive approach to client service extends to mentoring junior attorneys and teaching legal courses on municipal law, code enforcement, receiverships, and cannabis enforcement.

Before his tenure at Serviam, Mr. Farjeat was an Associate Attorney at Malcom Cisneros, A Law Corporation, where he led departments in unlawful detainer, breach of contract, surplus proceeds, and judicial foreclosure matters. He also worked as an Associate Attorney at the Law Office of Enrique Arevalo, focusing on immigration law, including court appearances, USCIS interviews, and motion practice. A copy of Mr. Farjeat’s Curriculum Vitae is attached to this Proposal as Exhibit C.

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RICHARD K. KUDO, Of Counsel
Richard K. Kudo (California Bar Number 84630, admitted 1978) is Of Counsel at SERVIAM.

Mr. Kudo earned his Juris Doctor from the Hastings College of Law in San Francisco, California, in 1978. With over 45 years of legal experience, he has cultivated an extensive background in both private and public entity practice, litigating a broad range of complex matters across state, federal, and bankruptcy courts. As a seasoned legal professional, he brings a wealth of knowledge and expertise to SERVIAM, where he continues to represent public entities in litigation matters and serves as a hearing officer for parking citations, vehicle impound issues, and rent stabilization ordinance matters.

Prior to joining SERVIAM, Mr. Kudo served as Principal Deputy County Counsel for the County of Los Angeles from 2005 to 2024. In this role, he supervised and directed outside counsel in the defense of various County departments, special districts, and public agencies, including the Sheriff’s Department, Fire Department, Department of Public Works, Department of Health Services, and Internal Services Department. His work primarily focused on wrongful death, personal injury, and government liability defense. Before assuming a supervisory role, he directly litigated cases to trial on behalf of the County and its affiliated entities.

Mr. Kudo's career also includes significant experience in private practice. He served as Managing Partner of Kudo & Daniels, LLP, from 1996 to 2002, representing insureds in legal, tax preparer, and appraisal malpractice defense, as well as personal injury and general tort defense.

Additionally, his practice covered business litigation, commercial collections, and transactional matters. Earlier in his career, he operated his own firm, the Law Offices of Richard K. Kudo, where he handled business litigation, real estate matters, and transactional work.

Further enhancing his litigation credentials, Mr. Kudo held positions at prestigious firms, including Pachulski, Stang, Ziehl, Young, Jones & Weintraub P.C., and Kehr, Siegel, DeMeter, Factor & Herman. He also served as an attorney at the Federal Trade Commission, where he prosecuted antitrust cases under the Federal Trade Commission Act, the Sherman Act, and the Clayton Act.

Mr. Kudo is a former board member and chair of the Newsletter Committee of the Asian Pacific American Bar Association of Los Angeles and is a member of the Los Angeles County Bar Association. A copy of Mr. Kudo’s Curriculum Vitae is attached to this Proposal as Exhibit D.

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NICOLAS L. JABER, Attorney
Nicolas L. Jaber (California Bar Number 349596, admitted 2023) is an Attorney at SERVIAM. Mr. Jaber earned his Juris Doctor from Chapman University Dale E. Fowler School of Law in 2022, where he was a Merit Scholarship Recipient and a Western Regional Finalist in the National Appellate Advocacy Competition (NAAC) Moot Court. He served as a Board Member for the Moot Court, President of the Federalist Society, and Graduate Representative to the Faculty Senate. He holds a Bachelor of Arts in Philosophy from the University of California, Berkeley, where he received the Pegasus School Wings of Honor Alumni Award and the Intercollegiate Studies Institute Honors Fellowship.

Since joining SERVIAM in 2021, first as a Law Clerk and now as an Attorney, Mr. Jaber has focused on representing public entities in personal injury, premises liability, and civil rights litigation. He also prosecutes civil and criminal cases on behalf of cities and counties across California. In addition, Mr. Jaber plays a critical role in the firm’s receivership practice, overseeing various court-appointed receiverships involving nuisance abatement and property rehabilitation.

Mr. Jaber previously served as a Law Clerk with the Corona City Attorney’s Office, where he assisted with drafting pleadings and motions in cases involving 42 U.S.C. § 1983 claims, torts, and Public Records Act matters in both state and federal courts. He also worked as a Law Clerk with the Los Angeles County District Attorney’s Office, authoring oppositions to evidentiary motions, collaborating with detectives on investigations, and supporting deputy district attorneys in court proceedings. A copy of Mr. Jaber’s Curriculum Vitae is attached to this Proposal as Exhibit E.

ISABEL V. CRUZ, Attorney
Isabel V. Cruz (California Bar Number 359842, admitted 2024) is an Attorney at SERVIAM.

Ms. Cruz earned her Juris Doctor from Chapman University Dale E. Fowler School of Law in 2024. During her time in law school, she served as a Board Member of the Public Interest Legal Foundation, a Board Member of the St. Thomas More Society, and acted as a Student Wellness Ambassador with Chapman Law Wellness. She received her Bachelor of Arts in International Studies from the University of California, Irvine, in 2013.

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Ms. Cruz joined SERVIAM in 2024, where she defends public entities in personal injury, premises liability, and civil rights litigation. She also prosecutes civil and criminal cases on behalf of cities and counties across California. Her work involves all aspects of case preparation, including drafting pleadings, conducting legal research, and representing clients in court. Ms.

Cruz's broad range of litigation, mediation, and environmental law experience, combined with her commitment to public service, makes her a valuable asset to SERVIAM in representing and advising public entities across California.

Before joining SERVIAM, Ms. Cruz gained diverse legal experience through several internships and clerkships. As a Student Mediator with Chapman Law's Mediation Clinic, she facilitated small claims dispute resolutions, assisting parties in negotiating settlements. She also served as a Law Clerk at Slater Slater Schulman LLP, where she contributed to childhood abuse and adult sexual assault litigation, including drafting motions and engaging with clients.

Additionally, Ms. Cruz worked as a Certified Law Clerk with the Orange County District Attorney's Consumer Fraud and Environmental Protection Unit. In this capacity, she researched environmental and consumer protection issues, analyzed case files, and attended court hearings.

She further developed her environmental law background as a Law Clerk Intern with the County of Riverside Office of County Counsel, where she conducted legal research on federal environmental regulations and assisted with drafting legal correspondence and resolutions. A copy of Ms. Cruz’s Curriculum Vitae is attached to this Proposal as Exhibit F.

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REFERENCES
SERVIAM’s three references are listed below:

Mr. Michael Pittman
Land Use & Environmental Planner

COUNTY OF SAN DIEGO
1600 Pacific Highway
San Diego, CA 92101
Phone: 619-433-7030
Email: [email protected]
Description of the project: Hearing
Officer Services
Time period for the project: Current

Mr. Eugene Alper
Code Enforcement Supervisor

CITY OF WEST HOLLYWOOD
8300 Santa Monica Boulevard
West Hollywood, CA 90069
Phone: 323-848-6432
Email: [email protected]
Description of the project: Hearing
Officer Services for Rent Stabilization
Ordinance
Time period for the project: Current

Ms. Sara Court
Housing Programs Analyst

CITY OF SANTA ANA
20 Civic Center Plaza
Santa Ana, CA 92701
Phone: 714-647-5375
Email: [email protected]
Description of the project: Hearing
Officer Services for Rent Stabilization
Ordinance
Time period for the project: Current

Any other client lists are available upon request under a separate cover.

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COST PROPOSAL
SERVIAM’s hearing officer rates: $275 per hour.

The annual not-to-exceed amount will be determined based on the number of hearings conducted. As we do not control the number of hearings, the total cost is uncertain. Therefore, we have set the not-to-exceed amount at $90,000 as an estimate.

Mileage will be reimbursed at the applicable IRS rates. There will be no additional project costs.

EVIDENCE OF INSURANCE
SERVIAM is fully and superfluously insured. SERVIAM carries Professional Liability Insurance, General Liability and Auto Insurance, plus an umbrella policy. We also carry Employer’s Liability Insurance and meet the State requirements for Workers Compensation Insurance. ACORD Certificate is attached as Exhibit G. We are happy to provide the City with any other proof of insurance upon request and will make any adjustments per the City’s insurance requirements, once awarded the contract.

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CONCLUSION
We believe that our years of experience and training make SERVIAM the ideal candidate to provide hearing officer services for the City of Bell Gardens. If you require any additional information, please contact Curtis R. Wright at 949-529-5922 or [email protected] at any time. This Proposal shall remain valid for a period of not less than 180 days from the closing date of the RFP.

Respectfully,

____________________
Izabela Mijic
Chief Marketing Officer

SERVIAM BY WRIGHT LLP

HEARING OFFICERS

EXHIBIT A

CURRICULUM VITAE
CURTIS R. WRIGHT

HEARING OFFICERS

CURTIS R. WRIGHT
California Bar Number 273323
949-529-5922 | [email protected]
3 Corporate Park, Suite 100, Irvine, California 92606

LEGAL EXPERIENCE
SERVIAM BY WRIGHT LLP S outhern California
Founding Partner 2013–Present
City Attorney and City Prosecutor for numerous jurisdictions throughout California. Court Receiver appointment and litigation counsel. Specializing in municipal law, municipal cost recovery, nuisance abatement, code enforcement, receiverships, civil litigation, criminal prosecution, administrative law, land-use, gun confiscations, deadly weapon forfeitures, Pitchess motion defense, business law and litigation, and enforcement of judgments. Pioneering new and efficient methods of improving nuisance abatement effectiveness and maximizing municipal cost recovery.

BEST BEST & KRIEGER LLP Ontario, California
Attorney 2009–2013
Extensive experience with civil, criminal, state, and federal court litigation. Collaborated directly with clients to intake, manage, and prosecute cases. Extensively worked on litigation investigations, pleadings, discovery, law and motion, oral argument, settlement negotiations, bench trials, and jury trials. Practiced municipal, code enforcement, receivership, criminal, administrative, constitutional, business, real estate, and redistricting law.

UNITED STATES DISTRICT COURT Riverside, California
Judicial Extern Spring 2009
Drafted opinions, reports, and recommendations. Assisted in legal research, analysis, and decision making. Discussed legal principles and decision making factors with the judge. Observed trials, hearings, and settlement conferences. Ascertained the practical aspects of how to effectively advocate in court.

OSBORN & CARTER APC Rancho Cucamonga, California
Law Clerk 2008–2009
Composed motions, research papers, office memoranda, and legal correspondence. Reviewed files and records to identify and sequence events in preparation for pleadings and discovery. Observed depositions and client consultations. Worked on insurance, medical malpractice, legal malpractice, real estate, and administrative law cases.

HEARING OFFICERS

WORK EXPERIENCE
SEARS—STORE & AUTO Moreno Valley, California
Store General Manager 2006–2007
Managed a $30 million annual revenue location with over 150 employees. Responsibilities included: profit and loss accountability, operations, customer relations, marketing, internal and external hiring, training, human resources, loss prevention, and investigations.

K. HOVNANIAN HOMES Inland Empire, California
Construction Manager 2006
Conducted planning, purchasing, land development, construction management, and vendor contract negotiations on nine communities encompassing single family homes, multi-unit dwellings, and retirement communities.

MILITARY EXPERIENCE
UNITED STATES ARMY Various Locations
Captain, Ranger, Combat Veteran 2002–2010
Served in multiple positions including: Fire Support Officer, Infantry Platoon Leader, Artillery Platoon Leader, Battery Executive Officer, and Classified War Plans Officer. Stationed in multiple locations around the world including: Iraq, Japan, Korea, Washington, Oklahoma, Georgia, and Florida. Commanded units of up to 82 men and was responsible for over $6 million worth of weapons, equipment, and armored vehicles. Fought in Iraq as part of Operation Iraqi Freedom and led over 150 combat patrols, raids, and civil-military operations without sustaining a single casualty to my unit. Ranger School graduate surviving an intense combat leadership course composed predominantly of field operations in forest, swamp, and mountainous terrain involving planning and executing attacks on widely dispersed objectives, training over 22 hours per day, sleeping less than two hours per night, and eating only the minimum food necessary to sustain function.

HEARING OFFICERS

EDUCATION
UNIVERSITY OF LA VERNE, COLLEGE OF LAW (U LV) Ontario, California Juris Doctorate, magna cum laude May 2010
Rank: Third in Class; Dean’s List; Full Tuition Scholarship.

Awards: Best Appellate Brief; Best Appellate Oralist; CALI—Estate Planning, Contract Drafting, Civil Procedure, Evidence, Appellate Advocacy.

Clubs: Law Review; Peer Mentoring; Faculty Curriculum Committee; American Constitutional Society; Delta Theta Phi International Law Fraternity.

UNIVERSITY OF SOUTHERN CALIFORNIA (USC) Los Angeles, California Bachelor of Science, Business Entrepreneurship May 2002

PUBLICATIONS & PRESENTATIONS
*Representative Sampling*
Legal Aspects of Code Enforcement—Certification Academy Courses Modules 1–3, CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Numerous Cities, California, 2015–Present.

Nuisance Abatement Enforcement Tools , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Various Cities, California, 2015–Present.

Nefarious Building Abatement—Drugs, Gangs, & Prostitution , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Various Cities, California, 2017–Present.

Cannabis Laws, Regulation, & Enforcement, C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Various Locations & Webinars, 2014–Present.

Nuisance Abatement Legislative Update , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Various Cities, California, 2018–Present.

Fourth Amendment, CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Various Cities, California, 2016–Present.

Homeless Issues, C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Various Cities, California, 2017–Present.

Code Enforcement During a Pandemic, LEAGUE OF CALIFORNIA CITIES, Virtual Conference, 2020.

Code Enforcement During a Pandemic, WESTERN CITY, September 2020.

Pandemics: Code Enforcement’s Role, SAN JOAQUIN VALLEY HOUSING COLLABORATIVE, Webinar for Public Agencies & Organizations throughout California, 2020.

Drugs, Gangs, & Human Trafficking , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Virtual Conference, 2020.

HEARING OFFICERS

Sober Living & Group Home Facilities , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Virtual Conference, 2020.

Sidewalk Vending & Microenterprise Home Kitchens , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Virtual Conference, 2020.

Safe & Affordable Housing Via Code Enforcement , S AN JOAQUIN VALLEY HOUSING COLLABORATIVE CODE ENFORCEMENT SYMPOSIUM, Virtual Conference, 2020.

Nuisance Abatement , S ILVER & WRIGHT LLP, Webinars for Public Agencies & Organizations throughout California, 2020.

Cannabis Enforcement, COUNTY COUNSEL ASSOCIATION OF CALIFORNIA, Santa Rosa, California, 2019.

Hot Topics in Code Enforcement , S AN JOAQUIN VALLEY HOUSING COLLABORATIVE CODE ENFORCEMENT SYMPOSIUM, Various Cities, California, 2019.

Keynote Speaker , S AN JOAQUIN VALLEY HOUSING COLLABORATIVE CODE ENFORCEMENT SYMPOSIUM, Madera, California, 2018.

SB 946 Sidewalk Vendors , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Bell, California, 2018.

Law Enforcement Evidence & Testimony , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Monterey Bay, California, 2018.

Receiverships & Nuisance Abatement, COUNTY OF LAKE, Lakeport, California, 2018.

Code Enforcement Symposium Panelist , S AN JOAQUIN VALLEY HOUSING COLLABORATIVE, Stockton, California, 2017.

California Cannabis Law, Regulation, and Enforcement , C ALIFORNIA BUILDING OFFICIALS, Newport, California, 2017.

Emerging Issues in Code Enforcement , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Claremont, California, 2017.

Criminal Prosecutions & Substandard Housing Enforcement, CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Pasadena, Santa Rosa, Redding, & Fresno, California, 2017.

Vacation Rentals & Transient Housing, C ALIFORNIA AS SOCIATION OF CODE ENFORCEMENT OFFICERS, Palm Springs, California, 2017.

Code Officer Liability , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Palm Springs, California, 2017.

Proposition 64—the Adult Use of Marijuana Act , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Various Cities, California, 2016–17.

Resources & Strategies to Fight Blight , C ALIFORNIA STATE UNIVERSITY FRESNO, Visalia, California, 2016.

HEARING OFFICERS

Marijuana Laws, Regulation, & Enforcement, CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Rohnert Park, California, 2016.

Public Governance Ethics, CITY OF ADELANTO, Adelanto, California, 2016.

STEP, DAA, & RLAA Enforcement , DESERT ENFORCEMENT NETWORK, Palm Desert, California, 2016.

Marijuana Tax & Regulation Workshop, CITY OF ADELANTO, Adelanto, California, 2016.

Health & Safety Receiverships, I NLAND EMPIRE CRIME FREE COLLABORATIVE, Rancho Cucamonga, California, 2015.

Municipal Receiverships & Cost Recovery, CITY OF MURRIETA, Murrieta, California, 2015.

Substandard Buildings & Hoarders, CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Anaheim, California, 2015.

Graffiti Vandalism: Legal Enforcement & Cost Recovery, Z ERO GRAFFITI INTERNATIONAL, Santa Ana, California, 2015.

Warrants, Prosecution, & Cost Recovery , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Livermore, California, 2015.

Realignment & Code Enforcement: Tools To Survive , D ESERT ENFORCEMENT NETWORK, Palm Desert, California, 2015.

Crime-Free Housing, COUNTY OF SAN BERNARDINO, Various Cities, California, 2013–14.

Regulating Sober Living Facilities, CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Lake Tahoe, California, 2013.

Regulating Medical Marijuana Dispensaries , I NSPECTION ENFORCEMENT TRAINING INSTITUTE, Various Cities throughout California, 2013.

Health & Safety Code Receiverships Panel , C ALIFORNIA RECEIVERSHIP FORUM, Los Angeles, California, 2013.

Health & Safety Code Receiverships, C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Fremont, California, 2013.

Nuisance Abatement Cost Recovery , C ALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Fremont, California, 2013.

Responding to Realignment Impacts, LEAGUE OF CALIFORNIA CITIES, Ontario, California, 2013.

Public Entity Receiverships of Blighted and Foreclosed Properties , 35 P UB. L.J. 21, no. 4, Fall 2012 a
t 21.

New California Law Strengthens Municipal Powers To Fight Blight On Foreclosed Homes , THE PUBLIC RECORD, Sept. 18, 2012, at 15.

Redistricting Law for Water Agencies, ASSOCIATION OF CALIFORNIA WATER AGENCIES, Monterey, California, 2012.

HEARING OFFICERS

Barristers President’s Message—Honoring Our Veterans: Army Ranger & Barrister Curtis Wright, RIVERSIDE LAWYER, October 2011, at 6.

Obtaining Citizenship Through Military Service, RIVERSIDE LAWYER, October 2011, at 12.

Medical Marijuana Dispensaries , CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS, Monterey, California, 2011.

Code Enforcement Criminal Prosecutions, CITY OF FONTANA, Fontana, California, 2011.

Metadata Mining and Scrubbing: Potential Ethical Pitfalls California Attorneys Need To Know , RIVERSIDE LAWYER, June 2010, at 25.

Quanta of Solace?: The Patent Exhaustion Doctrine and Method Patents After Quanta v. LGE, 30 U. LA VERNE L. REV. 494 (2009).

PROFESSIONAL ORGANIZATIONS, BAR ADMISSIONS, & AWARDS
Organizations: Leo A. Deegan Inn of Court (2009–10); Riverside County Bar Association (2009– 20); Riverside Barristers Association (2009–13); California Association of Code Enforcement Officers, Instructor (2010–Present); United States Army Ranger Association, Southwest Region Deputy Director (2010–13); Veterans of Foreign Wars (2010–Present); American Legion (2010–Present); Inland Empire Federal Bar Association (2011–13); Stop Urban Blight & Zero Graffiti International, Board of Directors (2013–16); Inland Empire Hoarder Task Force, Legal Counsel (2013–16); Orange County Hoarder Task Force (2013); Los Angeles Hoarder Task Force (2013); San Diego Hoarder Task Force (2013); San Bernardino Crime-Free Housing Program, Legal Counsel (2013–14); Inland Empire Crime Free Collaborative, Legal Counsel (2013–16); American Association of Code Enforcement, Board of Directors (2015–16); University of Southern California Veterans Alumni Council (2017–18); Orange County Bar Association (2018–Present); Altair Landscape Committee (2020–Present); PTSA Board of Directors Parliamentarian (2021–Present).

Bar Admissions: State Bar of California (2010–Present); Supreme Court of California (2010– Present); United States Court of Appeals, Ninth Circuit (2010–Present); United States District Court for the Central, Southern, Northern, and Eastern Districts of California (2010–Present).

Awards: National Lawyer of Distinction (2020); ULV Law Graduation Keynote Speaker (2013); Ranger Tab (2003); Combat Action Badge (2003); Army Commendation Medal with Oak Leaf (2002–2006); National Defense Service Medal with Bronze Star (2004); Global War on Terrorism Expeditionary Medal and Service Medal (2003); Army Service Ribbon (2002); Overseas Service Ribbon (2003).

HEARING OFFICERS

EXHIBIT B

CURRICULUM VITAE
BRIAN T. CHU

HEARING OFFICERS

BRIAN T. CHU
California Bar Number 161900
949-590-4990 | [email protected]
3 Corporate Park, Suite 100, Irvine, California 92606

LICENSES/CERTIFICATIONS
 CALIFORNIA STATE BAR (SBN 161900) (1992)
 CALIFORNIA P.O.S.T. LEVEL I RESERVE PEACE OFFICER (1997)  UNITED STATES DISTRICT COURT, CENTRAL DIS TRICT (1994)  NINTH CIRCUIT COURT OF APPEALS (1996)
 UNITED STATES DISTRICT COURT, EASTERN DIS TRICT (1998)

EDUCATION
 JURIS DOCTOR, UNIV ERSITY OF SAN DIEGO, SCHOOL OF LAW ( 1992)  BACHELOR OF ARTS, ANIMAL PHYSIOLOGY, UNIVERSITY OF CALI FORNIA, SAN DIEGO (1985)  CERTIFICATE, RESERVE POLI CE OFFICER, LEVEL 1, LOS ANGELES COUNTY SHERIFF’S RESERVE ACADEMY (1995)

LEGAL EXPERIENCE
SERVIAM BY WRIGHT LLP S outhern California
Partner 2023–Present
Represent various public entities in all types of litigation matters, including law enforcement/civil rights defense, dangerous conditions, general liability and auto liability, contracts, and state and federal appeals. Hearing officer for parking citation, vehicle impound, and rent stabilization ordinance matters.

OFFICE OF THE LOS ANGELES COUNTY COUNSEL Los Angeles, California Senior/Principal Deputy County Counsel (2000-2023) 1999–2023 Deputy County Counsel (1999-2000)
Represented the County of Los Angeles in various areas, including litigation, advice, supervision, and mentorship. Further details of my experience with the County of Los Angeles are included below.

Advice
 Serving a variety of Departments (Board of Supervisors, Department of Medical Examiner-Coroner, Department of Health Services Emergency Medical Services Agency, Agricultural Commissioner/Weights & Measures, Department of Mental Health, Correctional Health Services, Department of Public Health) and serving on

HEARING OFFICERS

project-oriented Teams (Coroner's Inquests; Commercial Cannabis Enforcement; Privacy Team (HIPAA/CMIA); Veteran Suicide Review Team).  Providing legal advice and strategic planning on a broad scope of topics, including statutory duties, regulatory compliance, draft legislation, Ralph M. Brown Act open meeting requirements, Public Records Act responses, contracting and competitive bid processes, contract negotiations, employee relations, workplace security policies, and ethics/conflict of interest.
 Advising on risk management issues and development of corrective action plans.  Supervising and directing Third Party Administrator in the investigation, assessment, and defense against claims and lawsuits.

Litigation
 Litigating state and federal cases in trial and appellate courts in defense of the County, County Departments and Commissions, and its employees.  Supervising panel defense counsel assigned to litigation of lawsuits and appeals; establishing and assessing creative litigation strategies; conducting periodic litigation roundtable conferences; actively participate in mediation, pre-trial, and trial activities; settlement negotiations; and review/approve legal defense invoices.  Litigation types: General liability, premises liability, automobile liability, labor and employment, law enforcement/civil rights defense, bail bond forfeitures.  Prosecuting County debarment proceedings against contractors.  Prosecuting disciplinary actions against Emergency Medical Technician certificate holders and ambulance operator license holders.
 Experienced in all aspects of trial and appellate practice, including law and motion, discovery, trial, and appeals in both state and federal courts.  History of successful resolutions at pre-trial, trial, and appellate stages.

Notable publishes appellate cases:

People v. Financial Casualty & Surety, Inc. (2016
) 2 Cal.5th 35
Peopl
e v. Safety National Casualty Corp. (2016) 62 Cal.4th 703 People v. Indiana Lumbermens Mutual Ins. Co. (2 010) 49 Cal.4th 301 County of Los Angeles v. Fairmont Specialty Group (2009) 173 Cal.App.4th 538 People v. Lexington National Ins. Co. (2007) 147 Cal.App.4th 1192 Count
y of Los Angeles v. Harco National Ins. Co. (2006) 144 Cal.App.4th 656

Supervision
Bail Bond Unit Supervisor
 Supervised team of attorneys and paralegals in the enforcement and litigation of bail bond forfeiture judgments, approximately $4.9 million annually.  Developed process for review and evaluation of property bonds applications.  Reviewed/Evaluated bail agent course outline/curriculum.

HEARING OFFICERS

In-House Claims Unit Supervisor (2009-2013)
 Supervised team of attorneys, paralegals, and support staff responsible for processing and/or adjusting approximately 4,000 damage claims annually.  Team evaluated and assisted all Los Angeles County departments in the investigation of Government Claims and Applications to Present Late Claims.  Negotiated claim settlements.
 Claims-handling training to County Department risk managers, including County Counsel.

Mentorship
 County Counsel Mentorship Program – Mentor.
 Supervise, train, and mentor junior attorneys in trial practice, including law and motion, discovery, trials, and appeals.
 Interview prospective new-hires for attorney, paralegal, and staff positions.

MONTEREY PARK POLICE DEPARTMENT Monterey Park, California Reserve Police Lieutenant (Ret.) 1995–2021
 General law enforcement duties, including field interviews and investigations.  Field Assignments:
o Crime Impact Team/Asian Gang Task Force – Gang enforcement, investigations, probation checks, arrest and search warrant service.
o Beat Patrol – Respond to calls for service, traffic enforcement, crime reports. o Bicycle Patrol – Patrol business districts, proactive enforcement, traffic control. o Se
curity and Traffic Details – Supervise reserve field personnel (2-12 officers).  Trained in use-of-force tactics, laws of arrest, firearms, Taser, drafting/service of search warrants, emergency vehicle operation, search and seizure laws and practices, and jail operations.
 Administrative Duties: Reserve Squad supervision, recruitment, new applicant oral board panel, detail assignments, field training supervision, and Los Angeles County Sheriff’s Reserve Academy role player/evaluator.

AUXILIARY LEGAL SERVICES Los Angeles, California
Associate Attorney II 1998–1999
 Assigned to the Office of the Los Angeles County Counsel, General Litigation Division.  Litigated complex public entity general liability cases at trial and appellate levels representing County of Los Angeles and its departments.  Case types: Dangerous conditions of public property, motor vehicle negligence, general negligence, employment, civil rights violations and false arrest.

HEARING OFFICERS

LAFOLLETTE, JOHNSON, DEHAAS, FE SLER & AME S Santa Ana, California Associate Attorney 1993–1997
 Insurance defense practice.
 Litigate trials and appeals.Case types: General and motor vehicle negligence, premises liability, dangerous conditions of public property, contracts, medical malpractice, and construction defect.
 Render insurance coverage opinions.

OTHER EXPERIENCE / INTERESTS
CEGM999 Corp, Director (2016-Present)
 Provide legal support for insurance consulting firm.
 Provide statutory compliance advice for new company start-up.

Real Estate Investment & Property Management (1987–Present)  Commercial office and multi-unit residential properties.  Budgeting, accounting, supervision and management of on-site personnel, forecasting, market analysis, valuations for sale and purchase.

Retrouvaille of Orange Coast, Orange, CA, Director/Founder/Peer Minister (1996–Present)  Non- profit, educational/religious organization and peer ministry aiding troubled marriages.
 In-person, interactive presentations to groups of up to 30 married couples  Prepare annual operational budgets.
 Financial reporting

Retrouvaille International, Director/Treasurer (2023–Present)  Worldwide non-profit, educational/religious organization and peer ministry aiding troubled marriages.
 Annual/monthly preparation of financial reports and Statement of Information.

Bradford Bridenbecker Foundation, Tustin, CA, Director (2007–Present)  Non-profit organization awarding annual financial scholarship to college-bound graduates of Foothill High School, Tustin.

Trust Savings Bank, Arcadia, CA, Mortgage Loan Officer (1986–1989)  Underwrite mortgage loans.
 Review/evaluate real estate appraisals.

SeaFarms West, Carlsbad, CA, Oyster Farmer (1985–1986)
 Culture oysters and mussels for consumer retail market.

HEARING OFFICERS

EXHIBIT C

CURRICULUM VITAE
RENE L. FARJEAT

HEARING OFFICERS

RENE L. FARJEAT
California Bar Number 301188
949-281-6542 | [email protected]
3 Corporate Park, Suite 100, Irvine, California 92606

LEGAL EXPERIENCE

SERVIAM BY WRIGHT LLP Irvi ne, California
Partner 2016-Present
Specialized in representing public agencies in various legal matters, including, but not limited to, code enforcement, receiverships, police services, land use, zoning and planning, municipal law and litigation, nuisance and graffiti abatement, administrative law, business law and litigation, constitutional law, and tort defense. Prepared and litigated a heavy volume of pleadings and motions in State, appellate, and federal courts. Attended a high volume of court proceedings and made oral arguments for ex parte hearings, motion hearings, settlement conferences, and trials.

Performed all aspects of trial preparation, including written discovery, depositions, mediation, preparation of trial briefs and exhibits, and witness preparation. Negotiated numerous settlement agreements with opposing counsel and parties and have a proven track record of successful alternative dispute resolution. Represented public agencies in city council meetings, planning commission meetings, and meetings of the oversight board of the successor agency to the redevelopment agency, as well as various sorts of administrative hearings. Handled a significant portion of the firm’s transactional matters including, but not limited to, drafting contracts, lease agreements, employment agreements, ordinances, and resolutions. Taught courses on various legal topics, including municipal law, code enforcement, receiverships, and cannabis enforcement.

Handled all aspects of client communications including case referral and status, legal strategy, mediation and settlement, trial preparation, and fee requests. Mentored and supervised several junior attorneys with great success.

MALCOM CISNEROS A LAW CORPORATION Irvine, California
Associate Attorney 2015-2016
Lead Attorney in Several Departments—Unlawful Detainer; Breach of Contract/Recovery of Possession of Property; Surplus Proceeds; Judicial Foreclosure

LAW OFFICE OF ENRIQUE AREVALO Pasadena, California
Associate Attorney 2014-2015
Appeared in court for Immigration matters. Appeared for Immigration Interviews with USCIS.

Successfully prepared and litigated Motions to Reopen, Motions for Change of Venue, Motions to Withdraw, Motions for Substitution of Counsel.

HEARING OFFICERS

EDUCATION
UNIVERSITY OF SOUTHERN CALIFORNIA, GOULD SCHO OL OF LAW Los Angeles, California Juris Doctorate May 2014
Awards: USC Law School Merit Scholarship
Honors: Criminal Law; Business Organizations; Mergers & Acquisitions; Gifts, Wills, & Trusts

UNIVERSITY OF SOUTHERN CALIFORNIA Los Angeles, California Bachelor of Arts, Political Science, Magna Cum Laude May 2011 Awards: Delta Chi Fraternity Valedictorian; Achieved USC’s Dean’s List every semester as an undergraduate student (Total: 8); USC Trustee Scholarship (Full Tuition Academic Award)
Activities: Held Several Leadership Positions at the Delta Chi Fraternity; Active Member of 3 National Honor Societies; Active Member of USC’s Pre-Law Society; Volunteered for the Joint Educational Project

HEARING OFFICERS

EXHIBIT D

CURRICULUM VITAE
RICHARD K. KUDO

HEARING OFFICERS

RICHARD K. KUDO
California Bar Number 84630
949-396-0478 | [email protected]
3 Corporate Park, Suite 100, Irvine, California 92606

PROFESSIONAL MEMBERSHIPS AND AFFILIATIONS
 CALIFORNIA STATE BAR (SBN 84630) (1978)
 ASIAN PACIFIC AMERICAN BAR ASSOCIATION OF LOS ANGELES–FORMER BOARD MEMBER AND

CHAIR OF THE NEWSLETTER COMMITTEE
 LOS ANGELES COUNTY BAR ASSOCIATION

EDUCATION
 JURIS DOCTOR, HASTINGS COLLEGE OF LAW, SAN FRANCISCO, CAL IFORNIA (1978)  BACHELOR OF ARTS, UNIVERSITY OF CALIFORNIA, LOS ANGELES, CALIFORNIA (1974)

LEGAL EXPERIENCE
SERVIAM BY WRIGHT LLP Irvine, California
Of Counsel 2025-Present
 Represent various public entities in all types of litigation matters, including law enforcement/civil rights defense, dangerous conditions, general liability and auto liability, contracts, and state and federal appeals. Hearing officer for parking citation, vehicle impound, and rent stabilization ordinance matters.

LOS ANGELES COUNTY COUNSEL Los Angeles, California
Principal Deputy County Counselor 2005-2024
 Supervised and directed outside counsel in the defense of County departments, special districts, and other public agencies including the Sheriff’s Department, the Fire Department, the Department of Public Works, the Department of Health Services, and the Internal Services Department in wrongful death and personal injury lawsuits. Before supervising outside counsel, I directly litigated cases to trial in defense of the County and its departments, special districts, and other public agencies.

W
OLF GROUP L.A. Santa Monica, California
Attorney 5/2005-10/2005
 Represented clients in the prosecution and defense of lawsuits in federal and state courts including the preparation of, and responses to, complaints, discovery and various motions. The substantive areas of the lawsuits concern complex insurance coverage and defense issues, serious personal injuries, partnership disputes, and real property disputes.

HEARING OFFICERS

PACHULSKI, STANG, ZIEHL, YOUNG, JO NES & WEINTRAUB P.C. Los Angeles, California Attorney 6/2002-4/2005
 Represented debtors and unsecured creditors’ committees in bankruptcy and federal courts in objections to claims, the prosecution of adversary proceedings for the avoidance and recovery of preferences and fraudulent transfers, and the collection of accounts receivables.

KUDO & DANIELS, LLP Lo s Angeles, California
Managing Partner 1996-2002
 Managing partner of law firm and was responsible for all business operations of the law firm. The firm was panel counsel for a number of insurance carriers and represented insureds in the defense of legal, tax preparer, and appraisal malpractice lawsuits and in the defense of personal injury and general tort lawsuits. The substantive areas of the underlying legal malpractice lawsuits ranged from personal injury to business to family law matters. The law firm also engaged in business litigation and commercial collection matters in state, federal and bankruptcy courts. The law firm prosecuted pre-judgment and post judgment remedies including writs of attachment, writs of execution, writs of possession, injunctions, orders of sale, and garnishments. I also prepared, reviewed, and gave advice regarding partnership agreements, leases, employment agreements, articles, by-laws, and other corporate records.

LAW OFFICES OF RICHARD K. KUDO Los Angeles, California
Managing Partner 1986-1996
 Represented clients in state, federal, and bankruptcy courts and in matters including business litigation, real estate litigation, collections, personal injury, and unlawful detainer lawsuits.

Represented clients in the purchases and sales of businesses and of real estate. Prepared, reviewed, and advised on purchase and sale documentation, escrow agreements, leases, employment agreements, partnership agreements, limited liability company contracts, and corporate articles, by- laws, and minutes.

KEHR, SIEGEL, DEMETER, FAC
TOR & HERMAN Los Angeles, California
Attorney 1983-1986
 Represented clients in civil litigation including business litigation matters, securities class action lawsuits, condominium homeowner disputes, unlawful detainers proceedings, personal injury cases, and collections.

BUCHALTER, NEMER, FI
ELDS, CHRYSTIE & YOUNGER Los Angeles, California
Attorney 1981-1983
 Represented clients in general civil litigation matters including business litigation, collections, and personal injury cases.

HEARING OFFICERS

FEDERAL TRADE COMMISSION Washington, D.C., and Los Angeles, California Attorney 1978-1981
 Prosecuted antitrust cases and enforced the Federal Trade Commission Act, the Sherman Act, and the Clayton Act. Complaint counsel in a monopolization case in which the Commission sought structural relief and conduct remedies against a nationally recognized company.

HEARING OFFICERS

EXHIBIT E

CURRICULUM VITAE
NICOLAS L. JABER

HEARING OFFICERS

NICOLAS L. JABER
California Bar Number 349596
949-200-6726 | [email protected]
3 Corporate Park, Suite 100, Irvine, California 92606

LICENSES
 CALIFORNIA STATE BAR (SBN 349596) (MAY 23, 2023)
 UNITED STATES DISTRICT COURT, CENTRAL DIS TRICT

EDUCATION
 JURIS DOCTOR, CHAPM AN UNIVERSITY DALE E. FOWLER SCHOOL OF LAW (2022) Honors: Fowler School of Law Merit Scholarship Recipient; NAAC Moot Court Competition Western Regional Finalist
Leadership: Board Member, Moot Court; President, Federalist Societ; Graduate Representative, Faculty Senate
 BACHELOR OF ARTS, PHILOSOPHY, UNIVERSITY OF CALIFORNIA, BERKELEY (2016) Honors: Pegasus School Wings of Honor Alumni Award Recipient; Intercollegiate Studies Institute Honors Fellowship Recipient
Leadership: Editor-in-Chief, Journal of Law, Policy & Military Affairs; Residential Academic Fellow, Russell Kirk Center for Cultural Renewal; Co-Founder, Burke Society; Member, Phi Gamma Delta Fraternity; Investment Analyst, Capital Investments at Berkeley

LEGAL EXPERIENCE
SERVIAM BY WRIGHT LLP (FORME RLY, SILVER & WRIGHT LLP) Irvine, California Associate Attorney, Law Clerk (5/2021-5/2023) 5/2021-Present  Defend public entities in personal injury, premise liability, and civil rights litigation  Prosecute civil and criminal cases on behalf of cities and counties across the State of California  Oversee all of the firm’s receivership appointments

CORONA CITY ATTORNEY’S OFFICE Corona, California
Law Clerk 1/2021-1/2022
 Drafted pleadings and motions in 42 USC § 1983, tort, and Public Records Act cases in state & federal courts on behalf of the City

LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE Los Angeles, California Law Clerk 6/2020-8/2020
 Authored oppositions to evidentiary motions, liaised with detectives regarding investigation, and assisted Deputy District Attorney in court

HEARING OFFICERS

EXHIBIT F

CURRICULUM VITAE
ISABEL V. CRUZ

HEARING OFFICERS

ISABEL V . CRUZ
California Bar Number 359842
949-691-1351 | [email protected]
3 Corporate Park, Suite 100, Irvine, California 92606

EDUCATION
 JURIS DOCTOR, CHAPMAN UNIVERSITY DALE E. FOWLER SCHOOL OF LAW (2024) Leadership: Board Member, Public Interest Legal Foundation; Board Member, St. Thomas More Society; Student Wellness Ambassador, Chapman Law Wellness  BACHELOR OF ARTS, INTERNATIONAL STUDIES, UNIVERSITY OF CALI FORNIA, IRVINE (2013)

LEGAL EXPERIENCE
SERVIAM BY WRIGHT LLP Irvi ne, California
Lawyer 8/2024-Present
 Defend public entities in personal injury, premise liability, and civil rights litigation  Prosecute civil and criminal cases on behalf of cities and counties across the State of California

MEDIATION CLINIC Orange, California
Student Mediator 1/2024-5/2024
 Review underlying case files for Small Claims Court matters  Meet with parties to discuss case facts and assist with negotiation process  Discuss mediation cases issues and strategy with supervising attorney/professor

SLATER SLATER SCHULMAN LLP Beverly Hills, California
Law Clerk 5/2023-7/2023
 Draft motions for childhood abuse and adult sexual assault litigation, such as a Pitchess motion  Communicate with clients to obtain additional facts
 Correspond with opposing counsel regarding interrogatory and request for production questions  Work in a cooperative team environment to achieve group goals

ORANGE COUNTY DISTRICT ATTORNEY, CONSUMER FRAUD AND ENVIRONMENTAL PROTECTION UNIT
Orange, California
Certified Law Clerk 1/2023-4/2023
 Researched and prepared memoranda on a variety of environmental and consumer issues  Analyzed probable outcome of cases using knowledge of legal precedent  Reviewed and analyzed case files to determine evidentiary facts for trial and further investigation  Attended the unit’s task force monthly meetings
 Shadowed attorneys at court hearings

HEARING OFFICERS

COUNTY OF RIVERSIDE, OFFICE OF COUNTY COUNSEL Ri verside, California Law Clerk Intern 6/2022-8/2022
 Researched legal issues including the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act  Drafted letters and resolutions in a timely manner

HEARING OFFICERS

EXHIBIT G

ACORD CERTIFICATE

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
02/12/2025

PRODUCER

First Indemnity Insurance Agency, Inc.

One Beacon Street
Boston MA 02108

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

INSURERS AFFORDING COVERAGE NAIC #

INSURED

Serviam by Wright, LLP
3 Corporate Park, Suite 100
Irvine, CA 92606-5159
INSURER A: Hartford Underwriters Insurance Company 30104 INSURER B: Hartford Casualty Insurance Company 29424
INSURER C:

INSURER D:

INSURER E:

COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY

PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY) LIMITS
A

GENERAL LIABILITY

COMMERICAL GENERAL LIABILITY

CLAIMS MADE OCCUR

GEN’L AGGREGATE L MIT APPL ES PER:

POLICY PROJECT LOC
08 SBA BP0AVT 02/06/2025 02/06/2026
EACH OCCURENCE $2,000,000

DAMAGE TO RENTED
PREMISES (Ea occurrence) $1,000,000
MED EXP (Any one person) $10,000
PERSONAL & ADV NJURY $2,000,000
GENERAL AGGREGATE $4,000,000
PRODUCTS - COMP/OP AGG $4,000,000
$
A

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

08 SBA BP0AVT 02/06/2025 02/06/2026 COMB NED S NGLE L MIT (Each Occurrence) $2,000,000

BOD LY INJURY
(Per person) $

BOD LY INJURY
(Per accident) $

PROPERTY DAMAGE
(Per accident) $

GARAGE LIABILITY

ANY AUTO

AUTO ONLY - EA ACCIDENT $

OTHER THAN
AUTO ONLY:

EA ACC $
AGG $
A

EXCESS/UMBRELLA LIABILITY

OCCUR CLA MS MADE

DEDUCT BLE
RETENTION $10,000
08 SBA BP0AVT 02/06/2025 02/06/2026
EACH OCCURRENCE $2,000,000
AGGREGATE $2,000,000
$
$
$
B

WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY

ANY PROPR ETOR/PARTNER/EXECU-
TIVE OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
08 WEC BJ9H7N 07/22/2024 07/22/2025

WC STATU-

TORY LIMITS
OTH-
ER

E L. EACH ACCIDENT $1,000,000
E L. DISEASE - EA EMPLOYEE $1,000,000
E L. DISEASE - POLICY LIMIT $1,000,000
A

OTHER
Businessowners Policy 08 SBA BP0AVT 02/06/2025 02/06/2026 Business Personal Property:
$39,359

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Bell Gardens, Community Development Department is hereby listed as an additional insured due to endorsement SL 30 32 06 21. The policy is primary and non-contributory with endorsement SL 00 00 10 18. A blanket waiver of subrogation is attached with endorsement SL 00 00 10 18 in relation to the general liability and auto liability policies. A blanket waiver of subrogation is attached with endorsement WC040306 in relation to the workers compensation policy. A 30-day notice of cancellation is provided with endorsement SU 00 00 12 19.

CERTIFICATE HOLDER CANCELLATION

City of Bell Gardens
Community Development Department
Housing Division
7100 Garfield Avenue
Bell Gardens, CA 90201

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Gustavo Romo, Deputy City Manager/Community Development Director
SUBJECT:Consideration of Approval of an Eighth Amendment to A Professional Services Agreement with Michael Baker International for Approval of Continued Consulting Administration Services of Permanent Local Housing Allocation (PLHA)
MEETING DATE:March 10, 2025

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

1.Adopt the attached Resolution; and

2.Authorize and direct the City Manager to execute an Eighth Amendment to the Professional Services Agreement between the City and Michael Baker International for approval of use of continued consulting administration services of PLHA program services.

BACKGROUND/DISCUSSION
Michael Baker International (Michael Baker) provides consulting services for the Permanent Local Housing Allocation (PLHA) Projects as part of their Professional Services Agreement with the City. The terms of the existing Professional Services Agreement require that Michael Baker submit a letter requesting to revise their proposal as an amendment would be required if other services were to be added to the scope of work. Michael Baker submitted a letter requesting authorization to amend current agreements for continued administration of PLHA Projects.

The budget for Michael Baker’s Professional Service Agreement is proposing an additional $33,480 to administer Task 15-PLHA Year 2 Budget and Task 16-PLHA Year 3 Budget, increasing current budget of $315,434 to $348,914.

CONCLUSION
It is recommended that the City Council approve the Eighth Amendment to the Professional Services Agreement between the City and Michael Baker to authorize the use of continued consulting administration services of PLHA Program Services.

FISCAL IMPACT

The consulting services to be provided by Michael Baker are based on hourly rates and an annual not-to-exceed price. The new total annual not-to-exceed costs will be $348,914. These consulting services will be reimbursed with CDBG, CDBG-CV and PLHA funds. Therefore, there will be no impact to the City’s General Fund.

APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2025-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, IMPLEMENTING PROVISIONS OF THE

GENERAL FUND-BASED REOPENER ARTICLES AS PROVIDED BY

THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF

BELL GARDENS, THE BELL GARDENS CITY EMPLOYEES

ASSOCIATION, THE BELL GARDENS PUBLIC WORKS EMPLOYEES

ASSOCIATION, AND THE BELL GARDENS PUBLIC WORKS

SUPERVISORS ASSOCIATION

WHEREAS, the City of Bell Gardens (“City”) entered into memoranda of understanding (“MOU”) with the Bell Gardens City Employees Association (“BGCEA”), the Bell Gardens Public Works Employees Association (“BGPWEA”), and the Bell Gardens Public Works Supervisors Association (“BGPWSA”), with an effective term of June 1, 2023 through May 31, 2026; and

WHEREAS, Article X of the MOU between the City and the BGCEA, adopted on May 22, 2023; Article VIII of the MOU between the City and the BGPWEA, adopted on May 22, 2023; and Article IX of the MOU between the City and the BGPWSA, adopted on June 26, 2023, provides for a general fund-based MOU reopener should the City experience 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; and

WHEREAS, Article VIII of the BGPWEA MOU and Article IX of the BGPWSA MOU further provides for a general fund-based MOU reopener that should the Bicycle Casino be closed down or if the revenue to the City from the 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 (3) consecutive months; and

WHEREAS, the City has determined that the implementation threshold for the reopener of all three MOUs as described above has been met; and

WHEREAS, a determination by the City Council to implement the above referenced articles in the MOUs shall not be subject to administrative or judicial challenge.

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

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

Resolution No. 2025-20

2 of 3

SECTION 2. The City shall implement the reopener provisions in the memoranda of understanding with the BGCEA, BGPWEA and BGPWSA.

SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 10th day of March 2025.

THE CITY OF BELL GARDENS

________________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

Resolution No. 2025-20

3 of 3

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, ___________ and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Daisy Gomez
City Clerk

1 2025

EIGHTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Community Development Block Grant Implementation and Administration Services)
(Parties: City of Bell Gardens and Michael Baker International)

THIS EIGHTH AMENDMENT (hereinafter, “ Eighth Amendment”) to that certain agreement entitled “ Professional Services Agreement” and dated November 5 , 2020 (hereinafter, “Master Agreement”), is hereby made and entered into this day of , 2025 (hereinafter, “Effective Date”) by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and MICHAEL BAKER INTERNATIONAL (hereinafter, “Consultant”). For purposes of this Eighth Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS

This Eighth Amendment is made and entered into with respect to the following facts:

WHEREAS, on November 5, 2020 , the Parties executed and entered into the Master Agreement for the Consultant to provide assistance with Community Development Block Grant (CDBG) program implementation and administration; and

WHEREAS, the Master Agreement was later amended by the City Council by way of a first amendment (hereinafter, the “First Amendment”) for purposes of modifying Consultant’s services and compensation provisions of the Master Agreement; and

WHEREAS, the Master Agreement was again amended by way of a second amendment (hereinafter, the “Second Amendment”) to expand the Consultant’s services; and

WHEREAS, the Master Agreement was again amended by wa y of a third amendment (hereinafter, the “Third Amendment”) to expand Consultant’s services and compensation; and

WHEREAS, the Master Agreement was again amended by way of a fourth amendment (hereinafter, the “Fourth Amendment”) to revise its hourly rates for Fiscal Year 2022-2023; and

WHEREAS, the Master Agreement was again amended by way of a fifth amendment (hereinafter, the “Fifth Amendment”) to revise Consultant’s services and compensation; and

WHEREAS, the Master Agreement was again amended by way of a sixth amendment (hereinafter, the “Sixth Amendment”) to revise Consultant’s services, compensation and insurance requirements; and

2 WHEREAS, the Master Agreement was again amended by way of a seventh amendment (hereinafter, the “Seventh Amendment”) to allow Consultant to use a labor compliance subconsultant; and

WHEREAS, for purposes of this Eighth Amendment, the Master Agreement as amended by way of the Seventh Amendment, Sixth Amendment , Fifth Amendment, Fourth Amendment, Third Amendment, Second Amendment, First Amendment and Master Agreement may be referred to collectively as the “Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and

WHEREAS, the Parties now wish to revise the Not -to-Exceed Compensation of the Master Agreement to allow for additional services; and

WHEREAS, the additional Compensation for the services to be performed are set forth and more particularly described in Consultant’s January 14, 2025, “Amendment No. 8 to Current Agreement for Continued Administration of PLHA Projects ” Letter (hereinafter, “January 2025 Supplemental Proposal”), which is attached and incorporated hereto, as Exhibit “B.”

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 5.1 (CONSULTANT’S SERVICES) of the Master Agreement is hereby amended to include the additional services set forth in Consultants January 14, 2025, “Amendment No. 8 to Current Agreement for Continued Administration of PLHA Projects” Letter (hereinafter, the “January 2025 Supplemental Proposal”), which is attached and incorporated hereto as Exhibit “B.”

SECTION 2. Section 6 (COMPENSATION) of the Master Agreement is hereby amended to increase the Not -to-Exceed Sum of THREE HUNDRED FIFTEEN THOUSAND FOUR HUNDRED THIRTY -FOUR DOLLARS ($315,434) by THIRTY- THREE THOUSAND FOUR HUNDRED EIGHTY DOLLARS for a new Not -to-Exceed Sum of THREE HUNDRED FORTY-EIGHT THOUSAND NINE HUNDRED FOURTEEN DOLLARS ($348,914) to allow for the additional services.

SECTION 3. Except as otherwise set forth in this Eighth Amendment, the Master Agreement, First Amendment , Second Amendment , Third Amendment , Fourth Amendment, Fifth Amendment, Sixth Amendment and Seventh Amendment, shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, t his Eighth Amendment, together with the Master Agreement, First Amendment, Second Amendment , Third Amendment , Fourth Amendment , Fifth Amendment, Sixth Amendment and Seventh Amendment , shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matte rs addressed in both documents.

SECTION 4. The provisions of this Eighth Amendment shall be deemed a part of the Master Agreement, First Amendment, Second Amendment, Third Amendment, Fourth

3 Amendment, Fifth Amendment, Sixth Amendment and Seventh Amendment, and except, as otherwise provided under this Eight Amendment , the Master Agreement, First Amendment, Second Amendment , Third Amendment , Fourth Amendment , Fifth Amendment, Sixth Amendment and Seventh Amendment , and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Eighth Amendment and the provisions of the Master Agreement, First Amendment , Second Amendment , Third Amendment , Fourth Amendment, Fifth Amendment, Sixth Amendment and Seventh Amendment , the provisions of this Eighth Amendment shall control, but only in so far as such provisions conflict with the Master Agreement , First Amendment , Second Amendment , Third Amendment, Fourth Amendment , Fifth Amendment, Sixth Amendment and Seventh Amendment, and no further.

[SIGNATURES ON NEXT PAGE]

4 IN WITNESS WHEREOF, the Parties hereto have caused this Eighth Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF BELL GARDENS

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

Date:

APPROVED AS TO FORM:

By:__________________________________
Stephanie Vasquez, City Attorney

CONSULTANT:

MICHAEL BAKER INTERNATIONAL

By:____________________________

Name:_________________________

Title: __________________________

Date:

5 EXHIBIT “A”

MASTER AGREEMENT

6 EXHIBIT “B”

SEPTEMBER 2024 SUPPLEMENTAL PROPOSAL

6 EXHIBIT “B”

JANUARY 2025 SUPPLEMENTAL PROPOSAL

January 14, 2025

Gustavo Romo, Community Development Director

CITY OF BELL GARDENS
7100 Garfield Avenue
Bell Gardens, California 90201

RE: AMENDMENT NO. 8 TO CURRENT AGREEMENT FOR CONTINUED ADMINISTRATION

OF PLHA PROJECTS

Dear Mr. Romo:

Michael Baker International (Michael Baker) is pleased to submit Amendment No. 8 to our Professional Services Agreement with the City of Bell Gardens (dated November 5, 2020) to increase the budget to assist the City with administration of their PLHA projects.

The original Michael Baker proposal was in response to the City’s Request for Proposal s (RFP) dated April 28, 2020, which was for CDBG Program Implementation and Administration Services for a not-to-exceed cost of $58,400 for Fiscal Year 2020/2021. The proposal also stated that an amendment would be required if other services were to be added to the scope of work.

Shannon Andrews and Micheal Neal will continue to be the contact persons for this project, with other Michael Baker staff assisting as needed.

BUDGET
Michael Baker is proposing an additional $33,480 to administer the following tasks, increasing our current budget of $315,434 to $. All of Michael Baker’s administration costs are 100% reimbursable by the Los Angeles County Development Authority (LACDA):

TASKS ADDITIONAL COST TOTAL TASK BUDGET
Task 15 - PLHA Year 2 Budget: $16,740 $33,480
Task 16 - PLHA Year 3 Budget: $16,740 $33,480
New Overall Budget: $348,914

Gustavo Romo, Community Development Director
Amendment No. 8 to Current Agreement

Please also find our key personnel hourly rates, valid from January 1, 2025 through June 30, 2025:

TITLE HOURLY RATE
Project Director: $260
Program Manager: $170
Project Manager: $170
Labor Compliance Manager: $190
Labor Standards Compliance Officer: $140

We sincerely appreciate the opportunity to submit this proposal and look forward to continu ing assisting the City with the administration and implementation of its project s. Please contact Shannon Andrews at (562) 202 -0893 or by email at [email protected] should you have any questions regarding this submittal.

Sincerely,

Shannon Andrews
Project Manager

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Gustavo J. Romo, Deputy City Manager/Community Development Director
SUBJECT:Consideration of the Approval of a Second Amendment to a Professional Services Agreement between City of Bell Gardens and Norris Realty Advisors for Appraisal Services for Fair Market Rent and Administrative Proceeding Services
MEETING DATE:March 10, 2025

RECOMMENDATION
It is staff’s recommendation that the City Council:

1. Adopt the attached Resolution; and

2. Authorize the City Manager to execute a Second Amendment to the Professional Services Agreement between the City of Bell Gardens and Norris Realty Advisors.

BACKGROUND/DISCUSSION
The City’s Housing Division, which is a part of the Community Development Department, was created following the adoption of the City’s Rent Stabilization and Tenant Eviction Protections Ordinance in October of 2022 (i.e., Ordinance No. 925 consisting of Chapter

5.62 “Rent Stabilization” and Chapter 5.63 “Tenant Eviction Protections” of the Bell Gardens Municipal Code). The Housing Division is responsible for ensuring property owner and tenant compliance with Ordinance No. 925 and is authorized to take appropriate steps to administer and enforce the Ordinance.

On October 6, 2023, the City of Bell Gardens received a petition for rent adjustment pursuant to BGMC Section 5.62.070. To properly evaluate the petition, the City required an appraisal to determine the fair market rent of Garfield Mobile Home Park Community located at 8422 Garfield Avenue, Bell Gardens pertaining to the City’s Rent Stabilization and Tenant Eviction Protections Ordinance. Pursuant to Bell Gardens Municipal Code Section 3.04.090, on July 15, 2024, the City Manager executed a Professional Services Agreement with Norris Realty Advisors in the amount of $7,000. However, additional time sensitive work in the amount of $4,000 was required to finalize the appraisal. Since the addendum exceeded the City Manager’s authorized amount by $1,000 for a total of $11,000, the Professional Services Agreement required City Council approval. Approval of the First Amendment was granted by the City Council on October 28, 2024. The petition for rent adjustment has not been finalized due to an appeal to the hearing officer. The

City needs additional administrative proceeding services from Norris Reality Advisors. It is anticipated that these additional services will not exceed the amount of $5,000.

Therefore, staff is recommending a Second Amendment to the Professional Services Agreement by an additional $5,000 for a total not-to-exceed amount of $16,000.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(3), the Agreement is categorically exempt because it is not considered a project.

Professional Services Agreements are considered organizational or administrative government activities that result in no direct or indirect physical changes to the environment.

CONCLUSION
Given the additional services required based on an appeal being heard by the third-party hearing officer, staff recommends that the City Council approve a Second Amendment to the Professional Services Agreement with Norris Realty Advisors and amend the not-to- exceed amount from $11,000 to $16,000.

FISCAL IMPACT
Funds to cover these services have been budgeted for FY 2024-2025 as part of the Housing Division’s budget.

APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

1 of 3

RESOLUTION NO. 2025-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND NORRIS

REALTY ADVISORS

WHEREAS, pursuant to Section 3.04.090, on July 15, 2024, the City of Bell Gardens (“City”) and Norris Realty Advisors (“Norris Realty”) executed and entered into a Professional Services Agreement to provide the City with an appraisal to determine the fair market rent of the homes located at the Mobile Home Park Community located at 8422 Garfield Avenue, Bell Gardens, CA 90201; and

WHEREAS, on October 28, 2024, the Professional Services Agreement was amended by way of the First Amendment to authorize additional time-sensitive work necessary to finalize the appraisal; and

WHEREAS, the Norris Realty requires additional compensation due to additional services needed based on an appeal that is being heard by the third-party hearing officer; and

WHEREAS, the City now desires a Second Amendment to amend the existing Professional Services Agreement with Norris Realty Advisors to increase the not-to- exceed Sum of Eleven Thousand Dollars ($11,000) by Five Thousand Dollars ($5,000) for a new total not-to-exceed Sum of Sixteen Thousand Dollars ($16,000).

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

SECTION 1. The City Council hereby finds and determines that the above recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.

SECTION 2. Based on the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council approves a Second Amendment to the Professional Services Agreement by and between the City and Norris Realty.

SECTION 3. The City Council further authorizes and directs the City Manager to execute the Second Amendment with Norris Realty and take all actions necessary and appropriate to implement and effectuate the intent of the Cit Council as set forth in this Resolution.

Resolution No. 2025-21
2 of 3

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

PASSED, APPROVED AND ADOPTED this 10 th day of March, 2025.

THE CITY OF BELL GARDENS

_____________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

Resolution No. 2025-21
3 of 3

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, ___________ and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Daisy Gomez
City Clerk

1 2025

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Appraisal Services for Fair Market Rent and Administrative Proceeding Services)
(Parties: Norris Realty Advisors and City of Bell Gardens)

THIS SECOND AMENDMENT (hereinafter, “Second Amendment”) to that certain agreement entitled “Professional Services Agreement” and dated July 15, 2024 (hereinafter, “Master Agreement”), is hereby made and entered into this day of 2025 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and NORRIS REALTY ADVISORS (hereinafter, “Consultant”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Second Amendment is made and entered into with respect to the following facts:

WHEREAS, pursuant to Bell Gardens Municipal Code Section 3.04.090, on July 15, 2024, the Parties executed and entered into the Master Agreement for Consultant to provide the City with an appraisal to determine the fair market value of the homes in the Mobile Home Park Community located at 8422 Garfield Avenue, Bell Gardens, CA 90201; and

WHEREAS, on October 28, 2024, the Master Agreement was amended to authorize additional time-sensitive work necessary to finalize the appraisal; and

WHEREAS, for the purposes of this Second Amendment, the Master Agreement, as amended by the first Amendment, may be collectively referred to as the “Master Agreement,” which is attached and incorporated hereto as Exhibit “A”; and

WHEREAS, the Parties desire to amend the not-to-exceed amount of Eleven Thousand Dollars ($11,000) for a new total not-to-exceed sum of Sixteen Thousand Dollars ($16,000) due to additional services needed based on an appeal that is being heard by the third-party hearing officer; and
WHEREAS, the execution of this Second Amendment was approved by the Bell Gardens City Council at its Regular Meeting.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intended to be legally bound hereby, the Parties agree as follows

2 SECTION 1. Section 1.3 (COMPENSATION) of the Master Agreement is hereby amended to increase the total not-to-exceed Sum of ELEVEN THOUSAND DOLLARS ($11,000) by FIVE THOUSAND DOLLARS ($5,000) for a new not-to-exceed Sum of SIXTEEN THOUSAND DOLLARS ($16,000).

SECTION 2. Except as otherwise set forth in this Second Amendment, the Master Agreement and First Amendment, shall remain binding, controlling, and in full force and effect. Section 6.19 of the Master Agreement notwithstanding this Second Amendment, together with the Master Agreement and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this Second Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this Second Amendment, the Master Agreement and First Amendment, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the Master Agreement and First Amendment, then the provisions of this Second Amendment shall control, but only to the extent that such provisions conflict with the Master Agreement and First Amendment, and no further.

IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed the day and year first appearing in this Agreement above.

CITY:

CITY OF BELL GARDENS:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
CONSULTANT:

NORRIS REALTY ADVISORS:

By:

Name:

Title:

Date:

3 EXHIBIT “A”

MASTER PROFESSIONAL SERVICES AGREEMENT

2024

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
Engagement: Appraisal for Fair Marker Rent of Homesites) Parties: City of Bell Gardens and Norris Realty Advisors) THIS FIRST AMENDMENT ( hereinafter, " First Amendment") to that certain agreement entitled " Professional Services Agreement" and dated July 15, 2024 ( hereinafter, " Master Agreement"), is hereby made and entered into this 28th. day of— October 2024 hereinafter, " Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation ( hereinafter, " City") and NORRIS REALTY ADVISORS ( hereinafter, Consultant"). For purposes of this First Amendment, the capitalized term " Parties" shall be a collective reference to both City and Consultant. The capitalized term " Party" may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This FirstAmendment is made and entered into with respectto the followingfacts:

WHEREAS, pursuant to Section 3.04.090, on July 15, 2024, the Parties executed and entered into the Master Agreement for Consultant to provide the City with an appraisal to determine the fair market rent of the homes located at the Mobile Home Park Community located at 8422 Garfield Avenue, Bell Gardens, CA 90201; and WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit A"; and
WHEREAS, pursuant to the terms of the Master Agreement, the Consultant was to complete the required Work for a not- to- exceed sum of Seven Thousand Dollars 7, 000); and
WHEREAS, upon commencing Work, the Parties determined that additional time- sensitive Work was required; and
WHEREAS, the Parties wish to amend the not- to- exceed sum of Seven Thousand Dollars ($ 7, 000) by an additional Four Thousand Dollars ($ 4, 000) for a new total not- to- exceed sum of Eleven Thousand Dollars ($ 11, 000) to cover the cost of the additional time- sensitive Work required; and
WHEREAS, the execution of this First Amendment was approved by the Bell Gardens City Council at its Regular Meeting.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and othergood and valuable consideration, the receiptand sufficiencyof which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
1

SECTION 1. Section 1. ( COMPENSATION) of the MasterAgreement is hereby amended to increase the total Not- to- Exceed Sum of SEVEN THOUSAND DOLLARS y for a new Not- to- Exceed o

ELEVEN THOUSAND DOLLARS (
SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full fare and effect. Section 6. 19 of the Master Agreement notwithstanding, this First Amendment, together with the aster Agreement, shall constitute the entire, complete, i 1, and exclusive expression of the Parties it respect to the matters addressed in both documents.

SECTION3. The provisionsof this FirstAmendmentshall be deemed a part oft e Master Agreement n except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained erein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.

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2

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS NORRIS REALTY ADVISORS
r
By,' By:_
Michael B. O' Kelly, City Manager
Name. ,
Title:

Date:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
3

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY:
a
CONSULTANT:

CITY OF BELL GARDENS NORRIS REALTY ADVISORS
Michael B. O'Kelly, City manager
Name:

Title.-
Date:--
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
3

EXHIBIT " A"

MASTER AGREEMENT
4

2024

PROFESSIONAL SERVICES AGREEMENT
Engagement: Appraisal for Fair Market Rent of Homesites) Parties: Norris Realty Advisors and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT ( hereinafter, " Agreement") is made and entered into this 15th day of July 2024 ( hereinafter, the " Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation hereinafter, " CITY") and NORRIS REALTY ADVISORS ( hereinafter, " CONSULTANT").

For the purposes of this Agreement, CITY and CONSULTANTmay be referred to collectively by the capitalized term " Parties." The capitalizedterm "Party" may referto CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires an appraisal to determine the fair market rent of the homes located at the Mobile Home Park Community located at 8422 Garfield Avenue, Bell Gardens, CA 90201; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, this Agreementwas approvedby the City Managerpursuantto his authority under Section 3.04.090 of the Bell Gardens Municipal Code.

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

1. ENGAGEMENT TERMS

1. 1 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agreesto providethe servicesandtasksdescribedinthat certainproposal of CONSULTANTentitled "Proposalfor AppraisalServices" datedJuly1, 2024 ( hereinafter, the " CONSULTANT Proposal"), which is attached and incorporated hereto as Exhibit " A". CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental, and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term " Work."

1. 2 PROSECUTION OF WORK:

A. Time is of the essenceof this Agreementand 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 within the timeframes set forth in the Scope of Work and shall complete all of the Work within thirty-five (35) days of the Effective Date (the "Completion Date"); B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANTshall not claim or be entitledto 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; D. CONSULTANTshall at all times enforcestrict discipline and good order among CONSULTANT' s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, useor other similar taxes required by law.

1. 3 COMPENSATION: CONSULTANT shall perform the Work in accordance with CONSULTANT PROPOSAL. The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of SEVEN THOUAND DOLLARS($ 7, 000)( hereinafter, the" Not- to- Exceed Sum"), during the prosecution of this Agreement unless such added expenditures are first approved bythe CityCouncil. Inthe eventCONSULTANT's chargesareprojectedto exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT' s performance pending CITY' s approval of any anticipatedexpendituresin excessof the Not-to-ExceedSum or any otherCITY approved amendment to the compensation terms of this Agreement.

1. 4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested inSection1.1, CONSULTANTshallsubmittoCITYanitemizedinvoiceindicating the services performed and tasks completed, including services and tasks performed and the reimbursable out- of- pocket expenses incurred. If the amount of CONSULTANT' s compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendardaysof receiptofeachinvoice, CITYwillnotifyCONSULTANTinwriting of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
2

1Z ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate recordswith respect -to all matterscoveredunderthis Agreementfor a periodof three( 3) years after the expiration or termination of this Agreement. CITY will have the right 'to access and examine such records, without charge, during normal business hours. CITY will further have -the right to audit such records, to make transcripts therefrom arid to inspect all1lprogram data, documents, proceedings, and activities.
1° 6 ABANDONMENT BY CONSULTANT, In the event CONSULTANT ceases to perform the Work agreed - to under tHs Agreement or otherwise abandons the undertakingcontemplatedhereinpriorto theexpirationof this Agreementor prior to completion of any or all tasks set forth In the Scope of Work, CONSULTANT wiIj deliver to CITY immediately and wfthout delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement,. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up -to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incuir as a result of CONSULTANT' s cessation or abandonment.

Il.

PERFORMANCE OF AGREEMENT

2. 1 CITY' S REPRESENTATIVE: The CITY hereby designates Gustavo Rorno, DeputyCity Manager/Director of CommunityDevelopment (hereinafter, -the "City Representative") to act as its representative for the performance of this Agreement.

The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City I"Zejpresentafiveor their designee.

2. 2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Steven R. Nords, MAI, CRE, to act as its representative for the performance of this Agreement( hereinafter, ' Consultant Representative"). Consultant Representative will have full authority to represent and as on behalf of the CONSULTANT for all purposes under this Agreement.. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skH1and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT..
23 COORDINATION OF jj) ER= E-__ CONFORMANCEV%LFrH_BEQtVlRjEMENT& CONSULTANTagreesto work closelywith CITYstaff in the performanceof the Work and this Agreement and will Theavailable to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subJectto inspection and approval by City. Representative or their designees,

2. 4 gi:rAN- DARELOF- CARLLEI-.EERLIEORMANCE 0F. 15MELOYEES: CONSULTANT represents, acknowledges and agrees to the foflowling:
3

A. CONSULTANTwill perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANTshall at all timesemploysuch force, plant, materials, and toolsas will be sufficientin the opinionof the CITY to perforumthe Work within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the C11"'Y's authorized representative-,
C., CONSULTANTwillperformallWorkin a mannerreasonablysatisfactoryto the CITY;
D. CONSULTANT will 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 Secfiorl 81000etseq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with the Work. If CONSULTANTperforms any work knowing it to be contrary to such laws, rules and regulations, CONSULTANTshallbe solelyresponsiblefor all costs arisingtherefrom; IE. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all sctieduller of performance.;
F 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
G. All of CONSULTANT's employeesandagents (including, butnotlimitedto, subcontractors and subconsultants) possess all licenses, permits, certificates, qualificationsandapprovalsof whatevernaturethatare legally required to perform the -tasks and services contemplated under this Agreementand all such licenses, perr-nits, certificates, qualificationsand approvals will be maintained throughout -the term of this Agreement and made available to CITY -for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT"s own cost and expense and without any reimbursement -from CITY, any services necessaryto correct any errons or emissions caused by CONSULTANT' s -failure to comply with 'the standard of care set forth under this Section or by any like failure on the part of CONSULTANT' s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT-to correct any errors or emissions will be commenced immediatelyupon their discovery by either Party and wlll be completed within seven ( 7) calendar days fromthedateofdiscoveryorsuchother,extendedperiodoftimeauthorizedbythe City Representative in writing and in-their sole and absolute discretion. The Parties 4

acknowledge and agree that CIT ' s acceptance of any work performed by CONSULTANTor on CO SULTA T's behalfwill not constitutea releaseof any deficiency or delay in performances 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 possessesthe skills,training, knowledgeandexperiencenecessaryto performthe Work skillfully, competently and to the highest standards of C SULTA T' s profession.

2. 5 ASSIGNMENT, The skills, training, knowledge and experience of CONSULTANT are materialto CITY's willingnessto enterinto thisAgreementsAccordingly, CITY has an interest in the qualifications and capabilities of the person(s) who gill perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANTagreesthatit willnotassignortransfer, eitherdirectlyor indirectlyor by operationof law, this Agreementor the performanceof any of I S LTA T's duties or obligations under this Agreement without the prior written consent of the CITY. In the absenceof CITY's priorwritten consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2. 6 SUBSTITUTION F KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to performtheWorkin a manneracceptableto theCITY, orwhoaredeterminedby the CITY to be uncooperative, incompetent, a threat to the adequateor timely completionof the Projector a threatto the safetyof personsor property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

2. 7 CONTROLAND PAYMENTOF SUBORDINATE- The Workwill be performedb CONSULTANT or under SULTA T` s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to performsimilar or different servicesfor other principalsduring the terra of this Agreement, prodded such work does not unduly interfere with CC SULTA T's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorizeddisclosureof CITE 's confidentialor proprietaryinformation. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CC SULTA T' s exclusive direction and control. CONSULTANTwill pay all wages, salaries and other amounts due to such personnel and will assume responsibilityfor allbenefits, payrolltaxes, SocialSecurityandMedicarepayments 6

and the like, CONSULTANT will be responsible for all reports and obligations respectingsuchadditionalpersonnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2. 8 REMOVAL OF EMPLOYEES.. OR_._._.... .AGENTS: If any of C) ULTA T' s officers, employees, agents, contractors, subcontractors or sub consultants; are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of C N ULTA T's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2. 9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. ON ULTANT' s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/ OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2. 10 ...NON-DISCRIMINATION: CONSULTANTrepresentsthatit is an equalopportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 2, 11 INDEPENDENT CONTRACTOR STATUS; The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/ or omissions of its employees, agents, contractors, subcontractors and su consultants.

CONSULTANT and all persons retained caremployedby CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incurany obligation, debt or liability of any kind on behalfof, or against, CITY, whetherby contract or otherwise, unless such authority is expressly conferred to CONSULTANTunderthisAgreementor is otherwiseexpresslyconferredby CITY in writing.

Ill.

INSURANCE

3. 1 DUTY"TO PROCUREAND MAINTAININSURANCE: Priortothe beginningofand throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANTwill procure and maintain the following insurance 6

coverage, at its own expense:

A. Commercial General Liabilit Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (" CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($ 1,000,000.00) per occurrence and Two Million Dollars ($ 2, 000, 000. 00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain AutomobileLiabilityInsuranceasbroadasInsuranceServicesOfficeForm Number CA 0001 covering Automobile Liability, Code 1 ( any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($ 1, 000, 000. 00) per accident for bodily injury and property damage.

C. Workers' CompensationInsurance/Emrsioer's LiabilityIwnsurance: A policy of workers' compensation insurance in such amount as will fullycomply with the laws of the State of Californiaand which will indemnify, insure and providelegal defensefor both CONSULTANTand CITY againstany loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three ( 3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT' s profession. Such coverage will have minimum limits of no less than One Million Dollars ($ 1,000, 000. 00) per claim.

3. 2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY' s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3. 3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best' s Insurance Guide, have anA.M. Best's ratingof no lessthanA:VII. CITYmayalsoacceptpoliciesprocured by insurance carriers with a Standard & Poor' s rating of no less than BBB according to the latest published edition of the Standard & Poor's ratingguide. As to Workers' Compensation Insurance/ Employer' s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
7

3. 4 PRIMACYOF CONSULTANT'S INSURANCE: All policiesof insuranceprovided by CONSULTANT will Theprimary to any coverage available to C11-Y or CITY's elected or appointed officials, officers, employees, agents or volunteers.. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT' s insurance and will not contribute with it.

3. 5 WAIVER OF SUIBROGATION- All insurancecoverageprovided pursuantto this Agreement will not prohibit CONSULTANT or CONSULTANT' s officers, employees, agents, subcontractorsor subconsultantsfrom waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees agents and volunteers.

3. 6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurancerequiredunder this Article is criticalto safeguardingCITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificatesof insurance and endorsementsevidencing -the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion.. 'The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on -forms provided by the CITY if requested. All certificatesofinsuranceandendorsementswillbereceivedandapprovedbyCITY as a conditionprecedentto CONSULTANT's commencementof any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
37 FAILURE ' TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right lbut not the duty to obtain the insurance it deems necessaryand any premiumpaid by CITY will be promptlyreimbursedby CONSULTANTor CITY Mill wlthhoWamounts sufficientto pay premium from CONSULTANTpayments, In the alternative, CMY may cancel this Agreement effective upon notice.

3. 8 SPECIALRISKSOR C11RCUMSTANCES., CITYreserves-therightto modifythese requirements, includinglimits, based on the natureof the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4. 1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers ( hereinafter, the " City Inderrinitees") should, to the fullestextentpermittedby law, be protectedfromany and all loss, injury, damage, claim, lawsuit,cost, expense, attorneys'-fees, litigationcosts, oranyother 8

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 1providethe City Indemnitees with the fullest protection possible under the law,, CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT' s commitment to indemnify, defend and protect CITY as set forth herein..

Notwithstanding the foregoing, to the extent CONSULTANT' s Work 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.
42 To the fullest extent permitted by law, CONSULTANT shall indemnif, y, hold harmlessand defend -the City Ilndarnniitaasfrom and against all liabillrty, loss, damage, expense, cost ( Including without limitation reasonable attorneys' fees, expertfeesandall other costs, and -feesof litigation) of every naturearisingout 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 m sconduct of the CITY.

4. 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 CONSULTANTas a resultof CONSULTANT's-failureto either pay CITYpromptly for any costs associatedwith CONSULTANT's obligationsto indemnifythe City IndernMees under this Article, or related to CONSULTANT' s failure to either ( I) pay 'taxeson amounts receivedpursuantto this Agreement, or (ii) complywith applicable workers' compensation laws.
44 The obligationsof CONSULTANTunder this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory Immunity under such statutes or laws as to CITY and CITY' s elected and appointed officials, officers, employees, agents, and volunteers.
4, 5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity Involved lby, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY' s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury 'to any person and injury. to any property resultingfrom any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractorsor any other person or entity involved by, for, with or on behalf of CONSULTANT In the performance of this 9

Agreement, Such costs and expenses shall include reasonable attorneys" - fees incurred by counsel of CITY' s choice.
4B CITY does inot, 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.
47 ThisArticleandall provisionscontainedherein (includingbutnot limitedto theduty 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.

V.

TERMINATION

5. 1 TERMINATION WITHOUT CAl A CITY may immediately terminate this Agreementat any time for convenienceand withoutcauseby giving priorwritten noticeof CITY's intentto terminatethisAgreementwhich noticeshall specifythe 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.

CONSULTANTmay not terminatethis Agreementexceptfor causeas provided under Section 5.2, below. If-thisAgreement is terminated as provided herein, CFTY may require CONSULTANT to provide all finished or unfinished Documents and Data, as definedin Section6.1, bellow, andother informationof anykindprepared 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 5.2, below, will operate to prohibit or otherwise restdct CITY' s ability to terminate this Agreement - for convenience as provided under thin Section.

5. 2 EVENTS OF DEFAULT4 BIRA Q11.01FAGREEIM,.ENT;
A. In the event either Party-fails to perform any duty, obligation, service or task setforth underthisAgreement(or failsto timelyperformor properlyperform 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; ( H) the action required to cure the Event of Default; ( M) 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 5..2( B) and 5. 2( C), below, or if a cure is not reasonablypossible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a 10

breach of this Agreement if the defaulting Party fails to cure the Event of Defaultwithin the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANTwill cure the Event of Defaultwithin the following time periods:
i. Within ten ( 10) business days of CITY' s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/ or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY' s employees or agents under this Agreement.

Priorto the expirationof the 10-day cure period, CONSULTANTmay submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Eventof Default and that the Eventof Defaultcannot be reasonably cured within the 10- day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2( B)(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 expirationof the 14-day cure period, CONSULTANTmay 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 Defaultand that the Event of Defaultcannot be reasonablycured withinthe 14-day cure period. Theforegoingnotwithstanding, CITYwill be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In additionto any otherfailureon the partof CONSULTANTto performany 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 initiationof proceedingsunderanybankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntaryof involuntary; (v) CONSULTANT's refusalorfailureto performor observe any covenant, condition, obligation or provision of this Agreement; and/or(vii) CITY's discoverythata statementrepresentationorwarrantyby CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
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C. CITYwill cureanyEventof Defaultassertedby CONSULTANTwithinforty- five ( ) calendar days of Ct SULTA T' s issuance f a Default Notice unlesstheEventof Defaultcannotreasonablybecuredwithinthe45-day cure period. Prior to the expiration of the 4 - 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 4 - day cure period. Theforegoingnotwithstanding, an Eventof Defaultdealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1. , above, will be cured by CITY within five ( ) calendar days from the date of CNSULTA T' s Default Notice to CITY, D. CITY, in its sole and absolutediscretion, may also immediatelysuspend C I SULTA T' s performance under this Agreement pending CCUSULTA T's cure of any Event of Default by giving CONSULTANT written notice of CITY' s intent to suspend C SULTA T's performance hereinafter, a " SuspensionNotice"). 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 these services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach, o waiver, benefit, privilege, orservicevoluntarilygivenor performedbya Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement inthe 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. Uponwritten noticeto CONSULTANT, the CITYmayextendthetime of performance;
M. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CO SULTA T's breach of the Agreement or to terminate the Agreement; or
12

iv. The CITYmayexerciseany otheravailableandlawful rightor remedy., CONSULTANT will be liable for all legal- fees plus other costs and expenses that CrrY incurs upon a breach of this Agreement or in the CITY' s exercise of its remedies under- this Agreement.

G. 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.

5. 3 SCOPE OF WAIVER. No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, ' term, condition, duty or requirement contained in this Agreement. No waiver, beinefit, privilege, or service voluntarily given or performedby a Partywill give the other Partyany contractualrights by custom, estoppel, or otherwise.
5A SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its terim or any extension thereto will not operate to terminate any Article, Sec-flon or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS
6A DOCUMENTS & DA' TY. All
Documents and Data will be and remain-the property of CITY without re triction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term " Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/ or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documentsand Data stored digitally, magnetically and/ or electronically. This Agreementcreates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.. CONSULTANTwillrequireall subcontractorsandsubconsultantsworking on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6, 2 CONFIDENTlALITY: All data, documents, discussion, or other information Je_ve_lopedor r—eceived by CONSULTANT or provided for performance of this 13

Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY' s name or insignia, photographs, or any publicitypertaining to the Work in any magazine, trade paper, newspaper, television or radio production or rather similar medium without the prior written consent of CITY.

6. 3 FALSE, CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANTnorany personwho isanofficerof, in a managingpositionwith, or has an ownershipinterest in CONSULTANThas beendetermined by a courtor tribunal of competent jurisdiction to have violated the False Claims Act, 31 U. . C., Section 3739 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6A N01tCES, All noticespermittedor requiredunderthisAgreementwill be givento the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

LT TdCITY:

Norris Realty Advisors City of Bell Gardens
101 East Green Street, Suite 9 7100 S. Garfield Avenue
Pasadena, CA 91104 Bell Gardens, CA 9021
Attn: Steven R. Norris, MAI, CRE Attn: GustavoRomo, DeputyCity Phone: 26- 40 9922 Manager/Director of Community
Development
Phone: 2- 06- 7724
Suchnoticeswillbedeemedeffectivewhenpersonallydeliveredorsuccessfully transmitted facsimile as evidenced by a fax confirmation slip !Zr when mailed, forty- eight( 6) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6. 5 COOPERATION;_. FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6. 6 SUBCONTRACTING: CONSULTANTwill notsubcontractanyportionof the Work requiredby this Agreement, except as expresslystated herein, withoutthe prior written approval of CITY. Subcontracts ( including without limitation subcontracts with suconsultants), if any, will contain a provision making them subject to all provisionsstipulatedin this Agreement, includingprovisionsrelatingto insurance requirements and indemnification.
7 Cl ' , RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon y CONSULTANT,
14

6. 8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona Fide employee working solely for CONSULTANT, to solicit or secure - this Agreement. Further, CONSULTANTwarrantsand representsthat it has notpaid, nor has it agreed to pay any company or person, other-than a bona fide employee working solely for CONSULTANT, any I'de, commission, percentage, brokerage fee, gift or other considerabon contingent upon or resulting -from the award or making of this Agreement, For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the -term of his or her service with CITY, will have any direct interestin this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6. 9 TIMEIS OF THEESSENCE-- Timeis of theessenceforeach andeveryprovision of this Agreement.

6. 10 GOVERNING LAW AND VENUE, This Agreement will be interpreted and governed according to the Wws of the State of California. In the event of litigation between - the Parties, the venue, without exception, will be in the Los Angeles County Superior Court of the State of CalifornW. If, and only if, applicable law requires that all or part of any such litigation betried exclusively in federal court, the venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6A 1 ATTORNEYS' FEE& IfeitherPartycommencesanactionagainstthe otherParty, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6. 12 SUCCESSORS AND ASSIGNS: This Agreernent will be binding on the successors and assigns of the Parties.

6. 13 NO THIRD- PARTY BIENEFIT'-' There are no Intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6. 14 CONSTRUCTION OF AGREEMENT ' This Agreement will not be construed in favorof, or against, eitherPartybutwill be construedas ifthe Partiespreparedthis Agreement together through a process of negotiation and with the advice of their respective attorneys.

6. 15 SEVERABILITY,-, If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6° 16 AMENDMETm MODIFICATION. No amendiment, modification or supplement of this Agr - anentwill be valid or bindingunlessexecutedin writingand signedby both Parties, subject to CITY approval. The requirement for written amendments, Is

modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6. 17 CAPTIONS. " Thecaptions of-the various articles, sections and paragraphs are. for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of- this Agreement,,

6. 18 INCONSISTENCIES OR CONFLICTS: Ilan the event of any conflict or- inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6. 19 IENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of-the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into betweenCITYandCONSULTANTpriorto the executionof this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant-to Section

6. 16, above.

6. 20 FORCE MAJEURE: The Fermshall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or, negligence of CONSUI T All including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, -freight embargoes,wars, litigation, and/or actsof anygovernmentalagency, includingthe CITY. } NSULTAN r shall within three ( 3) calendar days of the commencement ofsuchdelaynotifytheCityRepresentativeinwritingof thecausesof-thedelay.

The City Representativeshall ascertain the -facts and the extent of delay and extend the time for performingthe servicesfor the periodof the enforceddelay whenand if in thejudgmentof the City Representativesuchdelay isjustified. The City Representative's determinationshall be final andconclusiveupontheparties to this Agreement. In no event shall CONSULTANT be entitled- to recover damages against the CI rY for any delay in the performance of this Agreement, however caused, CONSULTANT's soleremedybeingextensionof theAgreementpursuant to this Section.
621 COUN" rERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and ' the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6. 16, above. One fully executed original counterpart will be delivered -to CONSULTANTandtwo originalcounterpartswill be retainedby Cl rY.

SIGNATURES ON NEXT IPAGIE)
16

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS: NORRIS REALTY ADVISORS:

By: By: lr...................................

Name-
1 itle: c-, l itlle:

Date: Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
17

INWITNESS WHEREOF,the Partiesheretohave causedthis Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS: Sm III' I . I" I'S REAL'REAL' TY ADVISORS a v u..

Name: I ° mom:

Title: Title:

Date: Date:..._._
APPROVED AS TO FORM:

Stephanie Vasquez, City Attorney
17

EXHIBIT " A"

CONSULTANT PROPOSAL
18

N0R. R1S nF-, Al_' ry AIWISOR!, 33
REAi, ESTATE APPRAIsr', RS &. CONS1. 111-TANTS
101. FAST GIREEN STREET, SUITE 9
PASADENA, CA. 91. 105
STEVEN R. Nomus, MAI, CRE 626) 405- 9922
steve@norrisadvisor. s. com FACSIMILE. ( 626) 405a22
July 1, 2024
Veronica Jaramillo
City of Bell Gardens I Community Development Department 7100 Garfield Avenue
Bell Gardens, CA 90201
Dear Veronica:

NorrisRealtyAdvisorsappreciateshaving the opportunityto submitthis proposal to provideappraisal services regarding the properties described in the following contract. Per your request, the following agreement has been produced to outline the nature of the work to be performed.

PAR' rIlES
City of Bell Gardens I Community Development Department (" CLIENT"), having a placeof(businessat 7100GarfieldAvenue, BellGardens, CA 90201; and NorrisRealtyAdvisors, havinga placeof businessat 101 E. Green Street, Suite 9. Pasadena® CA, 91105 (" APPRAISER").

IDENTIFICATION OFTHE PROPEKEYCL.ES1
8422 Garrield Avenue, Bell Gardens, California
fa 31 homesite Mobile Home Park Community)

PURPOSE OF THE ASSIGNMENT
The purpose of our assignment will be to determine the fair market rent of the homesites within the subject property.

INTENDED MgR IS)
The intended user(s) of this assignment are City of Bell Gardens I Community Development Department.

FUNCTION OF THE ASSIGNMENT
The function of the reports is to serve as an aid in the determination of market rent for the internal purposes of the City of Bell Gardens.

STANDARDS OF PERFORMANCE
APPRAISERagreesto exercise independent judgment and to complete the assignment in compliance with the Code of Ethics and Standards of Professional Practice of the Appraisal Institute, of which Steven R.

Norris holds the MAI designation. APPRAISERmay rely on informationprovidedby CLIENTconcerning the physical characteristics, such as size, of the subject property and improvements. APPRAISERagrees to take no other employment inconsistent with this assignment.

By accepting and executing this agreement the CLIENT understands and agrees that no warranties, guarantees or assurancesof any kind are expressed or implied, except with respect to APPRAISER's sole negligence. CLIENT waives any claim against APPRAISERarising in connection with this assignment except for the sole negligence or willful misconduct of APPRAISER. Upon notice by APPRAISER, the CLIENTfurther agreesto defend, indemnifyandholdharmlessthe APPRAISERagainstanyclaim,demand or loss arising in connection with this assignment, unless such claim arose from the sde negligence or willful misconductof APPRAfSER. CLIENTwill providethe APPRAISERwith any necessaryor,appropriate written waivers and undertake such other actions necessary to give effect to this agreement, The appraisalreportis subjectto the assumptionsandlimiting conditionsmadea part hereto° rhe data gathered in the appraisal process (except data -furnished by CLIENT) and the appraisal report prepared pursuant to this agreement wili remain the property of the APPRAISER. No one other than the CLIENT may rely upon or utilize the appraisal report without APPRAISER's expressed written consent.

CLIENTagreesthatthe appraisalreportto bepreparedpursuantto thisagreementshallbeprivileged andshall) notbequotedor referredtoin anyreportor financialstatementof CLIENTwithoutthe prior written consent of the APPRAISER.

COI PL.FrION DATE
APPRAISERwill providethe findingsfor eachpropertyvia a narrativereportformat, The reportsfor the subject property will be due approximately 35 days foHowing your authorization to proceed. APPRAISER agrees to use its best efforts to complete the assignment within this time period. CLIENT recognizes that the time period is the best estimate of APPRAISERand is not a guarantee.

FEES& EXPENSES
CLIENTagrees to pay APPRAISER, as compensation for professional services, a fee of$ 7,000. The total feeisinclusiveof reimbursementforalloutof pocketexpenses. Yourreturnofa signedcopyofthisletter willactasourauthorizationto proceedonthisassignment, Thefeewillbepayableupondeliveryof the completed reports. Should, for any reason, the CLIENT wish to terminate the assignment, the CLIENT will be billed for time and expenses incurred,
QgUNQVENCY CHARGE
In the event of nonpayment, CLIENTshall payall expensesof collection, includingbut not limited to, reasonable court costs and attorney' s fees. C11IENTagreesthat the venueof any legalaction shall be Pasadena, California, and that this agreernent shall be governed by the laws of the State. of California.

MSTTKONY OR COURT ATTENDANCE
The abovefee doesnot includetestimonyor attendanceat any courtor administrativeproceeding, deposition, arbitration meeting, or hearing. In the event CLIENTor its agentor attorney, or the court requests such judicial or administrative hearing attendance, CLIENT agrees to compensate APPRAISER forservicesinconnectionwithtimespentin updatingtheappraisalorforanyotherreason, preparingfor such hearingor trial, judicial or administrativehearingappearances, relatedtravel time to and from APPRAISER's officeto the placeof suchconferenceor hearingand time spentwaitingto testifyat APPRAISER's hourly rate of$ 450. 00, with a minimum additional- fee of$ 3,000u 21SCLQSURE
Neitherall nor any part of the contentsof the appraisalreport, the identityof the APPRAISER, reference to TheAppralisalInstitute, or theMAIdesignationshallbedlisserninatedto thepublicthroughadvertising or sales media, without the written consent of the APPRAISER.

In the course of our work it is very likely that we will encounter conflicting information. APPRAISER wwlli utilize that informationdeemedto be the most accurate, and will makeevery effort to documentthe source. This informationmayinclude, but is not limitedto, legaldescriptions, physicalstreet addresses, ownership histories, assessor's parcel numbers, tax information, dimensions and areas of both the land and improvements, unit counts, rentable and gross building areas, rent rolls, lease documents, lease abstracts, historicand current incomeand expenseinformation, and any other related real estateor appraisal... denteddata. Anydiscrepancyor differenceand/or error in anyof the abovedata couldhave an impact on the conclusions reachedch incur work. Therefore, APPIWSER reserves the right to amend the conclusions reported if made aware f any such discrepancy and/or error., RespectfuPysubmitted,

NORRIS REALTY ADVISORS
s
Steven R. Morris, IM I, CRE

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Acceptance of the Purchase and Installation of Additional LED Lighting Project at Veterans Park as Complete
MEETING DATE:March 10, 2025
RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Accept the Purchase and Installation of Additional LED Lighting Project at Veterans Park as complete; and

2. Authorize staff to file the Notice of Completion
BACKGROUND/DISCUSSION:

On September 9, 2024, the City Council approved a cooperative agreement with ABM Electrical & Lighting Solutions, Inc. (“ABM”) for the Purchase and Installation of Additional LED Lighting at Veterans Park (the “Project”). The scope of work included the removal and replacement of ballfield lighting fixtures with new LED ballfield lighting fixtures, removal and replacement of LED light poles east of Ross Hall and east of the ballfield, removal and replacement of volleyball court light fixtures with new LED light fixtures, and installation of inground LED well lights at the Veterans Memorial monument.

Construction began on October 2, 2024, and was completed on February 25, 2025. The Project Inspector conducted the final inspection, reviewed the Project documents, and determined the Project was completed satisfactorily and in conformance with the Project’s plans and specifications. The final working days were one hundred (100) and the final total construction cost was $237,391.61.

CONCLUSION:

The City Council’s acceptance of the Project as complete is required to allow the City Clerk to file the Notice of Completion with the LA County Registrar-Recorder.

FISCAL IMPACT: The work performed by ABM was funded by Prop 68 as part of the Veterans Park Refurbishment Project. The total cost of the project was $237,391.61.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RECORDING REQUESTED BY

CITY OF BELL GARDENS

AND WHEN RECORDED MAIL TO

NAME CITY OF BELL GARDENS

CITY CLERK
STREET 7100 S. GARFIELD AVE

ADDRESS
CITY BELL GARDENS, CA 90201
STATE
ZIP

SPACE ABOVE LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Bell Gardens

3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201

4. The nature of the interest or estate of the owner is: in fee.

(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was substantially completed on 2/25/2025. The work done was:

Purchase And Installation of Additional LED Lighting at Veterans Park (CIP No 3925).

7. The names of the contractor, if any, for such work of improvement was ABM Electrical & Lighting Solutions, Inc. 09/9/2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

8. The property on which said work of improvement was completed is in the City of Bell Gardens County of Los Angeles, State of CA, and is described as follows: Bell Gardens Veterans Park

9. The street address of said property is 6662 Loveland Street, Bell Gardens, CA 90201 (If no street address has been officially assigned, insert “none”.)

Dated Michael B. O’Kelly, City Manager (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Bell Gardens, the declarant of the foregoing Notice of Completion :

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under p enalty of perjury that the foregoing is true and correct.

Executed on _____________ at Bell Gardens, CA

Daisy Gomez, City Clerk
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Consideration of a Resolution Approving a Fourth Amendment to Contract Services Agreement with Greentech Landscape Maintenance, Inc. to Extend the Term for Three Additional Months
MEETING DATE:March 10, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute the Fourth Amendment with Greentech Landscape, Inc.

BACKGROUND/DISCUSSION:

The City Council awarded a three-year agreement to Greentech Landscape, Inc. (“Greentech”) on October 28, 2019, which included an option to renew for two (2) additional years. On July 11, 2022, the City Council approved the First Amendment to the agreement which modified the compensation, and on December 15, 2023, the City Council approved the Second Amendment which extended the term through October 28, 2024. On October 14, 2024, the City Council subsequently approved the Third Amendment, which extended the term to March 28, 2025.

Public Works has issued a Request for Proposals (RFP) for Citywide Landscape Maintenance Services. It is anticipated that a recommendation of award of a contract services agreement will be brought to the City Council for consideration in April 2025. The new agreement will have an effective date of July 1, 2025, to align with the fiscal year and ensure adequate budget allocation.

CONCLUSION:

Approving the Fourth Amendment would extend the Greentech contract services agreement term for three (3) additional months at the same terms and conditions currently provided for under the existing agreement, which will allow staff to complete the process for a competitive landscape maintenance services procurement without interruptions in

landscape maintenance services.

FISCAL IMPACT:

Funding for landscape contract maintenance services is available in the FY 2024/25 budget.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2025-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A FOURTH AMENDMENT TO

THE CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF BELL GARDENS AND GREENTECH LANDSCAPE, INC. FOR

PUBLIC WORKS LANDSCAPE MAINTENANCE

WHEREAS, on October 28, 2019, the City of Bell Gardens (“City”) and Greentech Landscape, Inc. (“Contractor”) executed and entered into a Contract Services Agreement (hereinafter, the “Agreement”) for Public Works landscape maintenance services; and

WHEREAS, on July 11, 2022, the Agreement was revised by way of a First Amendment to revise the compensation of the Agreement; and

WHEREAS, on December 15, 2023, the Agreement was further amended by way of a Second Agreement to extend the term of the Agreement; and

WHEREAS, on October 14, 2024, the Agreement was further amended by way of a Third Amendment to extend the term of the Agreement to March 28, 2025; and

WHEREAS, on February 13, 2025, the City released a Request for Proposals to obtain proposals from qualified firms to perform citywide landscape services; and

WHEREAS, to allow sufficient time for the completion of the competitive Request for Proposals process, it is necessary to extend the term of the existing Agreement for an additional three months to June 30, 2025; and

WHEREAS, the City and Contractor are in agreement to modify the Agreement to extend the Term of the Agreement to allow the City to complete the Request for Proposals process.

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

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

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a Fourth Amendment to the Agreement with Greentech Landscape, Inc. which is attached to the staff report as Exhibit 2.

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

Resolution No. 2025-22

2 of 3

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

PASSED, APPROVED, and ADOPTED this 10th day of March, 2025.

THE CITY OF BELL GARDENS

Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

Resolution No. 2025-22
3 of 3
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, ___________ and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Daisy Gomez
City Clerk

1 2025

FOURTH AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Public Works Landscape Maintenance)
(Contractor: Greentech Landscape, Inc.)

THIS FOURTH AMENDMENT ( hereinafter, “Fourth Amendment”) to that certain agreement entitled “Contract Agreement for Public Works Landscape Maintenance in the City of Bell Gardens” and dated October 28, 2019 (hereinafter, the “Master Agreement”), is hereby made and entered into this ____ day of ____________, 202 5 (hereinafter, “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and GREENTECH LANDSCAPE , INC. (hereinafter, “CONTRACTOR”). For purposes of this Fourth Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONTRACTOR. The capitalized term “Party” may refer to either CITY or CONTRACTOR, interchangeably as appropriate.

RECITALS

This Fourth Amendment is made and entered into with respect to the following facts:

WHEREAS, on October 28, 2019 , the Parties executed and entered into the Master Agreement for Public Works landscape maintenance services; and

WHEREAS, on July 11, 2022, the Master Agreement was revised by way of a first amendment to revise the compensation of the Master Agreement (hereinafter, “First Amendment”); and

WHEREAS, on December 15, 2023, the Master Agreement was further amended by way of a second amendment (hereinafter, the “Second Amendment”) to extend the term of the Master Agreement; and

WHEREAS, on October 14, 2024, the Master Agreement was further amended by way of a third Amendment (hereinafter, the “Third Amendment”) to extend the term of the Master Agreement to March 28, 2025; and

WHEREAS, for purposes of this Fourth Amendment, the Master Agreement, as amended by way of the Third Amendment, Second Amendment and First Amendment, may be referred to collectively as the “ Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and

WHEREAS, the Agreement is set to expire on March 28, 2025; and

WHEREAS, the CITY wishes to modify the Master Agreement to extend the Term of the Master Agreement to allow the City to finalize its rigorous Request for Proposals process, which is anticipated to be presented to the City Council, for consideration, in April 2025; and

2 WHEREAS, CONTRACTOR has agreed to a six (6) month extension as stated in his February 26, 2025 correspondence, which is attached and incorporated hereto as Exhibit “B” (hereinafter, “2025 CONTRACTOR EXTENSION”), to allow CITY to finalize the Request for Proposals process.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 1(a). (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through June 30, 2025.

SECTION 2. Except as otherwise set forth in this Fourth Amendment, the Master Agreement, as amended by way of the Master, Third Amendment, Second Amendment and First Amendment, shall remain binding, controlling, and in full force and effect.

Section 23 of the Master Agreement notwithstanding, this Fourth Amendment, together with the Third Amendment, Second Amendment, First Amendment and the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this Fourth Amendment shall be deemed a part of the Third Amendment, Second Amendment, First Amendment and Master Amendment, and except as otherwise provided under this Fourth Amendment, the Third Amendment, Second Amendment, First Amendment and Master Amendment , and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Fourth Amendment and the provisions of the Third Amendment, Second Amendment, First Amendment and Master Amendment , the provisions of this Fourth Amendment shall control, but only in so far as such provisions conflict with the Third Amendment, Second Amendment, First Amendment and Master Amendment, and no further.

(SIGNATURES ON NEXT PAGE)

3 IN WITNESS WHEREOF, the Parties hereto have caused this Fourth Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF BELL GARDENS

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

Date:

APPROVED AS TO FORM:

By:__________________________________
Stephanie Vasquez, City Attorney

CONTRACTOR:

GREENTECH LANDSCAPE, INC.

By:_____________________________

Name:_________________________

Title: ___________________________

Date:

4 EXHIBIT “A”

MASTER AGREEMENT

5 EXHIBIT “B”
2025 CONTRACTOR EXTENSION

02/26/2025

To Bernardo Iniguez:

Director of Public Works/Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
Re: Landscape Maintenance

Please consider granting our company a three months extension for the landscape services we are currently providing to the City of Bell Gardens. Beginning on March 29th 2025 thru June 30th, 2025. The current scope of work, terms and conditions will not change if accepted.

Sincerely,

,

Gus Marquez
President

13560 E. Telegraph Road. Whittier, California 90605

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Consideration of a Resolution Approving a Second Amendment to the Professional Services Agreement with Ardurra Group, Inc. to Provide Additional Construction Management, Inspection, and Soils and Materials Testing Services for the John Anson Ford Park Regional Aquatics Center Improvements
MEETING DATE:March 10, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a Second Amendment to the Professional Services Agreement with Ardurra Group, Inc.

BACKGROUND/DISCUSSION:

On May 24, 2023, the City entered into a Professional Services Agreement (Agreement”) with Ardurra Group, Inc. (Ardurra) for construction management and inspection services for the John Anson Ford Park Regional Aquatics Center Improvements (the “Project”) for an amount not to exceed $1,687,166.08. Per City Council approval, the Agreement further provided the City Manager with limited authority to approve any necessary amendments should the City decide to utilize Ardurra’s optional services consisting of peer review for building envelope systems, waterproofing inspections, site webcams and time-lapse video, and public outreach. The compensation for all of the optional services was an amount not to exceed $353,185, which would result in a total not to exceed amount of $2,040,351.08, should the City Manager approve all of the optional services.

On May 10, 2024, the City Manager approved a First Amendment to the Agreement under his signing authority for optional services consisting of site webcams and time-lapse video for an amount not to exceed $36,300, which increased the total compensation to an amount not to exceed $1,723,466.08.

Based on the anticipated level of effort needed to complete the Project, additional construction management, inspection, and soils and materials testing services are needed in lieu of the remaining optional services. On February 17, 2025, Ardurra provided a proposal requesting to reallocate the remaining $316,886 in optional services to the

additional construction management, inspection, and soils and materials testing services that are needed to complete the Project.

CONCLUSION:

Approving a Second Amendment to the Agreement would enable Ardurra to provide the necessary additional construction management, inspection, and soils and materials testing services necessary to complete the Project.

FISCAL IMPACT:

The $316,886 for additional construction management, inspection, and soils and materials testing services would result in a total not to exceed amount of $2,040,352.08.

CDBG funds are available to cover these costs.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2025-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A SECOND AMENDMENT TO

THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF BELL GARDENS AND ARDURRA GROUP, INC. FOR

ADDITIONAL CONSTRUCTION MANAGEMENT, INSPECTION, AND

SOILS AND MATERIALS TESTING SERVICES FOR THE JOHN

ANSON FORD PARK REGIONAL AQUATICS CENTER

IMPROVEMENTS

WHEREAS, on May 24, 2023, the City of Bell Gardens (“City”) and Ardurra Group, Inc. (“Consultant”) executed and entered into a Professional Services Agreement for Construction Management and Inspection Services for the John Anson Ford Park Regional Aquatics Center Improvements (hereinafter “Master Agreement”); and

WHEREAS, under the terms of the Master Agreement, the City Manager had the limited authority to approve any necessary amendments if the City chose to avail itself of those Optional Services listed in the Fee Proposal, subject to the expenditure limits set forth by the City Council as part of its approval of the Master Agreement at its Regular Meeting of May 22, 2023;

WHEREAS, on May 10, 2024, the Master Agreement was amended by way of the First Amendment which was approved by the City Manager pursuant to the authority provided in the Master Agreement to avail the City of one the Optional Services provided for in Consultant’s Proposal; and

WHEREAS, the City has determined that it is no longer in need of the remaining Optional Services provided for in Consultant’s Proposal, and therefore will no longer require the allocated monies granted under the City Manager’s limited authority; and

WHEREAS, the City and Consultant now wish to modify the scope of work of the Professional Services Agreement to provide additional construction management, inspection, and soils and materials testing services that are needed to complete the John Anson Ford Park Regional Aquatics Center Improvements; and

WHEREAS, the City now desires to amend the existing Master Agreement to modify the scope of services and increase the compensation amount under to the Master Agreement.

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

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

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council hereby approves

Resolution No. 2025-23

2 of 3

a Second Amendment to the Professional Services Agreement with Consultant which is attached to the staff report as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager to execute the Second Amendment to the Professional Services Agreement and take all actions necessary to appropriate, implement and effectuate the intent of the City Council as set forth in this Resolution.

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

PASSED, APPROVED, and ADOPTED this 10th day of March, 2025.

THE CITY OF BELL GARDENS

Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

Resolution No. 2025-23
3 of 3
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, ___________ and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Daisy Gomez
City Clerk

1 2025

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Construction Management/CMI Services for Ford Park Aquatics Center) (Parties: Ardurra Group, Inc. and City of Bell Gardens)

THIS SECOND AMENDMENT (hereinafter, “ Second Amendment”) to that certain agreement entitled “Professional Services Agreement” and dated May 25, 2023 (hereinafter, “Master Agreement”), is hereby made and entered into this day of , 2025 (hereinafter, “Effective Date”) by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and ARDURRA GROUP, INC. (hereinafter, “Consultant”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS

This Second Amendment is made and entered into with respect to the following facts:

WHEREAS, on May 25, 2023 , the Parties executed and entered into the Professional Services Agreement for Consultant to provide construction management and inspection services for the Ford Park Aquatics Center; and

WHEREAS, under the terms of the Master Agreement, the City Manager had the limited authority to approve any necessary amendments if the City chose to avail itself of those Optional Services listed in the Fee Proposal, subject to the expenditure limits set forth by the City Council as part of its approval of the Master Agreement at its Regular Meeting of May 22, 2023; and

WHEREAS, on May 10, 2024, the Master Agreement was amended by way of the First Amendment which was approved by the City Manager pursuant to the authority provided in the Master Agreement to avail the City of one of the Optional Services provided for in Consultant’s Proposal; and

WHEREAS, for purposes of this Second Amendment, the Master Agreement, as amended by way of the First Amendment, may be referred to collectively as the “Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and

WHEREAS, the City has determined that it is no longer in need of the remaining Optional Services provided for in Consultant’s Proposal, and therefore will no longer require the allocated monies granted under the City Manager’s limited authority; and

WHEREAS, the Parties now wish to revise the Not -to-Exceed Compensation of the Master Agreement to allow for the additional Scope of Work; and

2 WHEREAS, City requires a revised scope of work of the Professional Services Agreement to provide additional construction management, inspection, and soils and materials testing services that are needed to complete the John Anson Ford Park Regional Aquatics Center Improvements; and

WHEREAS, the additional services and compensation are set forth and are more particularly described in Consultant’s February 17, 2025, “Proposed Amendment #2 with Ardurra Group, Inc. for Ongoing Construction Management/Inspection and Deputy Inspection Services Re lated to the Bell Gardens Aquatics Center Project ” Letter (hereinafter, “February 2025 Supplemental Proposal”), which is attached and incorporated hereto, as Exhibit “B.”

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 1.2 (SCOPE OF WORK) of the Master Agreement is hereby amended to include the additional services set forth in Consultant’s, February 17, 2025, “Proposed Amendment #2 with Ardurra Group, Inc. for Ongoing Construction Management/Inspection and Deputy Inspection Services Related to the Bell Gardens Aquatics Center Project ” Letter (hereinafter, “February 2025 Supplemental Proposal”), which is attached and incorporated hereto Exhibit “B.”

SECTION 2. Section 6.2 (COMPENSATION) of the Master Agreement is hereby amended to increase the total Not-to-Exceed Sum of ONE MILLION SEVEN HUNDRED

TWENTY-THREE THOUSAND FOUR HUNDRED SIXTY -SIX DOLLARS AND EIGHT CENTS ($1,723,466.08) by THREE HUNDRED SIXTEEN THOUSAND EIGHT HUNDRED EIGHTY-SIX DOLLARS ($316,886) for a new Not-to-Exceed Sum of TWO

MILLION FORTY THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS AND EIGHT CENTS ($2,040,352.08) for the additional Scope of Work.

SECTION 3. Section 6.3 (COMPENSATION) is hereby deleted and repealed and shall be of no further force or effect.

SECTION 4. Except as otherwise set forth in this Second Amendment, the First Amendment and Master Agreement, shall remain binding, controlling, and in full force and effect. Section 18.10 of the Master Agreement notwithstanding, t his Second Amendment, together with the First Amendment and Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 5. The provisions of this Second Amendment shall be deemed a part of the First Amendment and Master Agreement, and except, as otherwise provided under

3 this Second Amendment, the First Amendment and Master Agreement, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the First Amendment and Master Agreement, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the First Amendment and Master Agreement, and no further.

[SIGNATURES ON NEXT PAGE]

4 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF BELL GARDENS

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

Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie Vasquez, City Attorney

Date:

CONSULTANT:

ARDURRA GROUP, INC.

By:_____________________________

Name:_________________________

Title: ___________________________

Date:

5 EXHIBIT “A”

MASTER AGREEMENT

4 EXHIBIT “A”

MASTER AGREEMENT

2023

PROFESSIONAL SERVICES AGREEMENT
Engagement: Construction Management / CMI Services for
Ford Park Aquatics Center)
Parties: City of Bell Gardens and Ardurra Group, Inc.)
THIS PROFESSIONAL SERVICES AGREEMENT ( hereinafter, " Agreement") is made and entered into this 25t" day of May 2023 ( hereinafter, the " Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation ( hereinafter, " CITY") and ARDURRA GROUP, INC. ( 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 construction management and inspection ( CMI) services for the Ford Park Aquatics Center ( hereinafter " Project"); and WHEREAS, on March 2, 20237 CITY issued a Request for Proposals for Construction Management and Inspection ( CM I) Services for Ford Park Aquatics Center; 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 of May 22, 2023.

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 management services specified in this 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, on similar projects in California and with similar complexity, who are specially qualified to provide the services required by CITY and other municipalities; and all such services shall be conducted in conformitywith, 1

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 " Request for Proposals for Construction Management and Inspection CM I) Services for Ford Park Aquatics Center" ( hereinafter, " CITY RFP") and the written proposal of CONSULTANT entitled " Proposal to Provide Construction Management and Inspection Services for the Ford Park Aquatics Center" ( hereinafter, the " CONSULTANT PROPOSAL"), dated March 30, 2023. 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 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 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 Recreation and Community Services.

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.

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 compensation in Section 6. CITY shall not be liable for the damages to CONSULTANT 2

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. 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 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 date 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; ( ii) June 30, 2025 ( 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 to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner.

3. 4 CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT' s employees.

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 3

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 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 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 employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven ( 7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in 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 4

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 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 prepared 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 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 5

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 copies, 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 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 accordance 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 CONSULTANT' 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 addition, 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]

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 " Fee Proposal to Provide Construction Management and Inspection Services for the Ford Park Aquatics Center" ( hereinafter, the " Fee Proposal") dated May 2, 2023, 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 6

budgeted aggregate sum of ONE MILLION SIX HUNDRED EIGHTY- SEVEN

THOUSAND ONE HUNDRED SIXTY- SIX DOLLARS AND EIGHT CENTS 1, 687, 166. 08) ( 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 The City Manager shall have the limited authority to approve any necessary amendments should the CITY avail itself of those Optional Services listed in the Fee Proposal, subject to the expenditure limitations established by the City Council as part of its approval of this Agreement at its Regular Meeting of May 22, 2023.

6. 4 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, 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, CITY 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 any debt, obligation, or liability on behalf of CITY or otherwise to act on behalf of CITY as an agent. Neither CITY nor any of its officers, employees or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT' s employees, except as set forth in this Agreement. CONSULTANT shall not represent that it is, or that any of its agents or employees are, in any manner employees of CITY. CONSULTANT is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any CITY employee benefits, including but not limited to health 7

insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance.

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

10. INDEMNIFICATION

10. 1 The Parties agree that CITY and CITY' s elected and appointed officials, officers, employees, agents and volunteers ( hereinafter, the " City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.

CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT' s commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT' s services are subject to Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to Claims that arise out of, pertain to, or relate to the negligence, 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 CITY), expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT' s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

10. 3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT' s failure to either pay CITY promptly for any costs associated with CONSULTANT' s obligations to indemnify the CITY Indemnitees under this 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 actor similar act. CONSULTANT expressly 8

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, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT' s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY' s choice.

10. 6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

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 against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT' s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

11.1.1 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 " insured 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) 9

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 coverage 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 additional insured. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY' s Risk Manager such certificate( s).

11. 6 CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two 2) weeks prior to the expiration of the coverages.

11. 7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty ( 30) days' prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word " endeavor" with regard to any notice provisions.

11. 8 The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. Any insurance or self- insurance maintained by CITY, its officers, 10

employees, agents or volunteers, shall be in excess of CONSULTANT' s insurance and shall not contribute with it.

11. 9 Any deductibles or self- insured retentions must be declared to and approved by the CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self- insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

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

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 similar written express waivers 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 requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage 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. 11

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 Ardurra Group, Inc.

Department of Recreation and Dino P. D' Emilia, PE, F. ASCE, QSD Community Services 1960 E. Grand Avenue
7100 Garfield Avenue Suite 300
Bell Gardens, California 90201 El Segundo, CA 90245

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 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 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 provided under Section 17. 2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT 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 12

and 17.4, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

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

The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17. 3( 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) CONSULTANT' s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/ or ( vii) CITY' s discovery that a statement representation or warranty by 13

CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

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

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

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

17. 8. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
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.
14

17. 9 CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY' s exercise of its remedies under this Agreement.

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

18. GENERAL PROVISIONS

18. 1 CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY' s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.

18. 2 In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

18. 3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution( s).

18. 4 The waiver by CITY or CONSULTANT of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by CITY or CONSULTANT unless in writing.

18. 5 CONSULTANT shall not be liable for any failure to perform if CONSULTANT presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of CONSULTANT.

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 15

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.

18. 7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18. 8 This Agreement shall be governed and construed in accordance with the laws of the State of California. The venue for any litigation shall be Los Angeles County, California.

18. 9 No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City Council approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

18. 10 This Agreement shall constitute the entire, complete, final and exclusive expression of the parties with respect to the matters addressed herein and supersedes all other Agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the parties pursuant to Section 18.9, above.

18. 11 This Agreement shall be executed in two ( 2) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all counterparts in conformity with Section 18.9, above. One fully executed original counterpart will be delivered to CONSULTANT and the other original counterpart will be retained by CITY.

SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed on the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS ARDURRA GROUP, INC.

By. Bye..

Michael B. ©' Kelly, City Manager Dino D' Emilia,
California Public Works Practice Director
MayDate: e°° Dat y 24, 2023
APPROVED AS TO FORM:

By:

I"
Stephanie Vasquez, City Attorney
17

EXHIBIT " A"

CITY RFP
18

CITY OF BELL GARDENS

REQUEST FOR PROPOSAL

CONSTRUCTION MANAGEMENT AND INSPECTION ( CMI)

SERVICES FOR FORD PARK AQUATICS CENTER
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March 2, 2023

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, assist 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 only 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

operational due to maintenance and safety concerns. Since this time the Aquatic Center has been non- operational and is slated to be demolished. 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 site/ 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 can be found here: I) :// . d lilr. c . c /, ,, II,,,„II,,, ,II,,,,,,(,II „II,,,,!rc:;,,,,,,,,,,,,,,,, „ e: IC:::e:

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 construction 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 overarching 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 notified 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 procurement 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 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 Assisted 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
CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES

FORD PARK AQUATICS CENTER

New Pools and Amenities: One or more pools and associated equipment withLZ- 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.

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 management 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 gchavez@bellgardens. org 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.

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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 reserves 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 firm 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.

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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.

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Aaaroximate Dates and Task
March 2, 2023 - Issuance of Request for Proposal
March 13, 2023 - Questions due to the City by 4:OOPM
March 30, 2023 - Proposals due by 4: OOPM
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
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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 I tt s:// www. be: llll olyde: Is. olr / li want to/ vlie: w buds l f s/ I f s ld buds.q,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,', ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 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 :.'. ..::.// ..::.. :. Il..11..g. ic:. 1 ..::.q.!., / li....wnt.... to/ vlie:w....blids....

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

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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 overseeing 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 schedule 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 of 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.:

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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.

CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES

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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/ financial 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 provided 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 CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES

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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 activities 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, promptly 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 input prepare an overall comprehensive construction schedule that outlines the major project milestones, CONSTRUCTION MANAGEMENT and CONSTRUCTION INSPECTION( CMI) SERVICES

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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.

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Review and track all submittals by the contractor. 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 implement 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 inspection 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 constructed product, coordination of special, deputy inspections and testing, coordination of required permit inspections by the agency having jurisdiction;
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