Agenda packet — Gardena City Council, May 28, 2024 (part 5 of 6)

anticipated it would receive approximately $592,299 of CDBG funds from HUD. If the City’s 2024-2025 annual allocation changed, a request of the City Council was to be made to provide staff and the public with a methodology for which activity budgets would be adjusted.

However,
As part of the citizen participation process, the City is required to make the Action Plan available for a minimum period of 30 days for public comment. The public comment period began on April 25, 2024 and ran through May 28, 2024. To date, the City has not received any comments from the public. Any public comments received during the City Council meeting for this item will be incorporated into the 2024-2025 Action Plan prior to submittal to HUD.

LEGAL REVIEW:

Not Applicable
CONCLUSION:

Staff respectfully recommends that at the conclusion of the Public Hearing the City Council approve the Action Plan for FY 2024-2025 as presented or as may be amended by Council action as a result of this Public Hearing. Should the City Council elect to provide staff with alternative direction, a substantial amendment will be prepared and presented for City Council’s approval.

FISCAL IMPACT:

Allocate the $1,372,578 in CDBG grant funding. No impact to the General Fund.

ATTACHMENTS:

1. Draft Action Plan FY2024-2025

2. Proof of Publication
Greg S. Tsujiuchi
Submitted by: ___________________________________ Date: 5/23/2024 Annual Action Plan
FY 2024-2025

DRAFT ANNUAL ACTION PLAN

PUBLIC REVIEW & COMMENT

4./25/24 – 5/28/24
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Table of Contents
Executive Summary ............................................................................................................................- 4 - AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)...............................................................- 4 - PR-05 Lead & Responsible Agencies – 91.200(b).............................................................................- 8 - AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ........................................................................- 10 - AP-12 Participation – 91.105, 91.200(c) ........................................................................................- 14 - Expected Resources .........................................................................................................................- 19 - AP-15 Expected Resources – 91.220(c)(1,2) .................................................................................- 19 - Annual Goals and Objectives.............................................................................................................- 21 - AP-20 Annual Goals and Objectives...............................................................................................- 22 - AP-35 Projects – 91.220(d) ...........................................................................................................- 25 - AP-38 Project Summary ................................................................................................................- 26 - AP-50 Geographic Distribution – 91.220(f).....................................................................................- 27 - Affordable Housing............................................................................................................................- 29 - AP-55 Affordable Housing – 91.220(g)...........................................................................................- 29 - AP-60 Public Housing – 91.220(h) .................................................................................................- 31 - AP-65 less and Other Special Needs Activities – 91.220(i)..............................................................- 31 - AP-75 Barriers to affordable housing – 91.220(j) ............................................................................- 35 - AP-85 Other Actions – 91.220(k)...................................................................................................- 36 - Program Specific Requirements.........................................................................................................- 37 - AP-90 Program Specific Requirements – 91.220(l)(1,2,4)...............................................................- 38 - Action Plan Tables
Table 1 - Responsible Agencies
Table 2 - Agencies, groups, organizations who participated Table 3 - Other local / regional / federal planning efforts Table 4 - Citizen Participation Outreach
Table 5 - Expected Resources – Priority Table
Table 6 - Goals Summary
Table 7 - Project Information
Table 8 - Geographic Distribution
Table 9 - One Year Goals for Affordable Housing by Support Requirement Table 10 - One Year Goals for Affordable Housing by Support Type Action Plan Figures
No table of figures entries found.
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Version History
No. Summary of Changes
1 Published Draft for Public Comment: 4/25/24 Sent to HUD for Approval:

Conducted Public Hearing: 5/28/24 Approved by HUD:

Original 2024-2025 Annual Action Plan.
2 Published Draft for Public Comment: Sent to HUD for Approval:

Conducted Public Hearing: Approved by HUD:

Amendment 1(Substantial / Non-Substantial):
3 Published Draft for Public Comment: Sent to HUD for Approval:

Conducted Public Hearing: Approved by HUD:

Amendment 2 (Substantial / Non-Substantial):
4 Published Draft for Public Comment: Sent to HUD for Approval:

Conducted Public Hearing: Approved by HUD:

Amendment 3 (Substantial / Non-Substantial):
5 Published Draft for Public Comment: Sent to HUD for Approval:

Conducted Public Hearing: Approved by HUD:

Amendment 4 (Substantial / Non-Substantial):

City of Gardena - 4 - 2024 Annual Action Plan
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
On August 10, 2021, the Gardena City Council adopted the 2021-2025 Consolidated Plan, which described the City’s housing and community development needs, strategies, and activities to address those needs over a five-year period using entitlement grant funds provided by the U.S. Department of Housing and Urban Development (HUD). The 2024-2025 Action Plan is the fourth of five annual plans implementing the 2021- 2025 Consolidated Plan Strategic Plan goals via the investment of annual allocations of Community Development Block Grant (CDBG) funds from HUD. The Action Plan identifies available resources, annual goals, projects and activities for the period beginning July 1, 2024 and ending June 30, 2025.

The City receives CDBG funds from HUD on a formula basis each year, and in turn, awards grants and loans to nonprofit, for-profit or public organizations for programs and projects in furtherance of this Plan. The CDBG program generally provides for a wide range of eligible activities for the benefit of low- and moderate-income Gardena residents, as discussed below
Community Development Block Grant (CDBG)
The Housing and Community Development Act of 1974 created the CDBG Program. The primary objective of the CDBG program is the development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low- and moderate-income. The CDBG regulations require that each activity meet one of the following national objectives:
• Benefit low- and moderate-income persons; or
• Aid in the prevention or elimination of slums and blight; or • Meet other community development needs having a particular urgency (usually the result of a natural disaster).

Each year, the City certifies with the submission of its Annual Action Plan that it has given maximum feasible priority to activities which meet the first and second objectives above. Additionally, the City certifies that no less than 70 percent of the CDBG funds received, over a three-year certification period, will be designed to benefit low- and moderate-income persons.
2024-2025 Program Year
As of the date of the preparation of this draft document, HUD has not yet released the 2024-2025 Annual Allocations. For this reason, HUD has advised the City to prepare this draft document utilizing the current year annual allocation and include language detailing the methodology by which the City will reallocate funds should the 2024-2025 annual allocation increase or decrease. For the 2024-2025 program year, the City anticipates it will receive approximately $592,299 of CDBG funds from HUD. The 2024-2025 Action Plan City of Gardena - 5 - 2024 Annual Action Plan
allocates approximately $592,299 of CDBG funds and $756,115 of available prior year CDBG funds for a grand total of $1,348,414 to the following program activities to be implemented from July 1, 2024 to June 30, 2025.

If the City’s 2024-2025 annual allocation should change, a request of the City Council is being made to provide staff and the public with a methodology for which activity budgets would be adjusted. It is recommended that the City Council adopt the following language for adjusting activity budgets for the CDBG program should the City’s 2024-2025 annual allocation change:
• Should the CDBG allocation be greater than $592,299:
o Fair Housing Services will remain at $20,000 but the CDBG Administration budget will be increased to be compliant with the 20% cap for administrative activities. o Funding levels for the public service activity will be increased to be compliant with the 15% cap for public service activities.
o Balance of funds will be added to the City’s Residential Rehabilitation Program activity. • Should the CDBG allocation be less than $592,299:
o Fair Housing Services will remain at $20,000 but the CDBG Administration budget will be reduced to be compliant with the 20% cap for administrative activities. o Funding levels for the public service activity will be reduced to be compliant with the 15% cap for public service activities.
o Balance of funds will be deducted from the City’s Residential Rehabilitation Program activity.

On May 7, 2004, HUD released the 2024-2025 Annual Allocations allocating a total of $616,463 to the City.

Therefore the 2024-2025 Action Plan proposes to allocate the $616,463 of new CDBG funds and approximately $756,115.94 of available prior years CDBG funds for a grand total of $1,372,578 to the following program activities to be implemented from July 1, 2024 to June 30, 2025. .2024-2025 CDBG PROGRAM
Residential Rehabilitation Program $1,156,817.00
Youth & Family Services Bureau $92,469.00
Fair Housing Services $20,000.00
CDBG Program Administration $103,292.00
CDBG TOTAL: $1,372,578.00

2. Summarize the objectives and outcomes identified in the Plan The priority needs and goals identified in the Plan are based on analysis of information including the results of the City’s Surveys and the housing and community development data elements required by HUD in the online Consolidated Plan system (eCon Planning Suite). Other sources of information used to identify needs and establish priorities were obtained through consultation with local nonprofit agencies and cited publicly available data.

City of Gardena - 6 - 2024 Annual Action Plan
HUD’s Community Planning and Development (CPD) Outcome Performance Measurement Framework classifies objectives in three (3) categories: decent housing, a suitable living environment, and economic opportunity. Based on the Needs Assessment and Market Analysis, the Strategic Plan identifies eight high priority needs to be addressed through the implementation of activities aligned with eight Strategic Plan goals.

The high priority needs include:
• Planning and Administration
• Fair Housing Services
• Public Services to Help Low-Income Residents
• Preservation of Supply of Affordable Housing
• Neighborhood Preservation & Improvement
• Expand the Supply of affordable housing
• Economic Development
• Prevent and Eliminate lessness
The following goals are identified in the Strategic Plan:
• Planning and Administration
• Fair Housing Services
• Services for Low- and Moderate-Income Persons
• Public Infrastructure Improvements
• Public Facilities Improvements
• Code Enforcement
• Owner-Occupied Rehabilitation
• Rental Housing Rehabilitation
• Economic Development
• Housing Assistance Vouchers
Consistent with HUD’s national goals for the CDBG program to provide decent housing opportunities, maintain a suitable living environment and expand economic opportunities for low- and moderate-income residents, the priority needs listed above will be addressed over the next five years through the implementation of activities aligned with the following measurable goals included in the Strategic Plan section of this Plan.

3. Evaluation of past performance
The City is currently implementing the projects and activities included in the 2023-2024 Action Plan. As of this writing, all projects and activities are underway.

City of Gardena - 7 - 2024 Annual Action Plan
During Planning Period 2016-2021 (“PP 2016”), Gardena expended $3,150,635 on activities meeting its strategic plan objectives of providing decent housing, providing a suitable living environment, and creating economic opportunity. Lack of funding makes it difficult to address all strategic plan objectives in one program year. As a result, Gardena funds high priority projects to the extent possible.

In PP 2016, Gardena was able to funds projects that directly addressed specific strategic plan objectives including:

Housing - $1,175,000
2016-2021 Projects:
• Owner Occupied Housing Rehabilitation Loan Program
• Residential Rebate Program
• Handy-worker Fix-Up Program
• Multi-Family Residential Code Correction Program
Strategic Plan Objectives Addressed
• Sustain existing housing stock through rehabilitation and necessary improvements • Increase the number of new affordable housing units
• Increase homeownership opportunities
Suitable Living Environment - $808,660
2016-2021 Projects:
• Code Enforcement
• Public Facilities/Recreation Improvements
• Accessibility Improvements
Strategic Plan Objectives Addressed
• Improve and stabilize city neighborhoods
• Enhance and encourage resident involvement
• Promote safe neighborhoods
2016-2021 Projects:
• Youth and Family Services Bureau
• Senior Citizen Day Care Center
While the City and local partners were able to successfully implement the activities listed above, there were insufficient resources to fully address the level of need identified in the last Consolidated Plan.

4. Summary of Citizen Participation Process and consultation process The Consolidated Plan regulations at 24 CFR Part 91 provide the citizen participation and consultation requirements for the development of the Consolidated Plan. Chief among those requirements is the need to City of Gardena - 8 - 2024 Annual Action Plan
consult with the Continuum of Care (CoC) to address lessness, Public Housing Authorities (PHA), business leaders, civic leaders, and public or private agencies that address housing, health, social service, victim services, employment, or education needs of low-income individuals and families, less individuals and families, youth, and/or other persons with special needs. Information supplied by these community stakeholders, together with the data supplied by HUD resulted in a well-informed planning document that reflects the housing, community and economic development needs and priorities for the City of Gardena over the next five years.

On April 25, 2024, a public notice was published in the Gardena Valley News announcing the opening of the 30-day public review and comment period and public hearing on the CDBG Program Use of Funds for 2024- 2025 fiscal year.

A public hearing was held at the City Council Meeting on May 28, 2024, at 7:30 p.m. to receive comments on the Draft Annual Action Plan. The Final Action Plan for FY 2024-2025 will be submitted to the Department of Housing and Urban Development (HUD) following the approval by City Council.

During the development of the 2024-2025 Action Plan, the City solicited applications from non-profit organizations and City Departments for the provision of fair housing services and public service projects.

Applications received were evaluated for eligibility and funding recommendations.

5. Summary of public comments
The draft 2024-2025 Action Plan was available for public review and comment from April 25, 2024, to May 28, 2024. The City Council convened a public hearing on May 28, 2024, to receive public comments concerning the 2024-2025 Action Plan. Comments received during the public review period and at the Public Hearing are provided in “Appendix A” of this document.

6. Summary of comments or views not accepted and the reasons for not accepting them As required by HUD regulations, all comments and views received by the City in the development of the Action Plan were accepted and taken into consideration in the development of the Action Plan.

7. Summary
The 2024-2025 Action Plan addresses the Strategic Plan Goals from the 2021-2025 Consolidated Plan by allocating a total of $1,348,414 in CDBG funds towards eligible activities that are to be implemented from July 1, 2024, to June 30, 2025.The City anticipates funding projects to meet the priorities and corresponding goals during the five-year period.

PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan City of Gardena - 9 - 2024 Annual Action Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency City of Gardena Community Development Department Table 1 – Responsible Agencies
Narrative
The City of Gardena Community Development Department is the lead agency responsible for the administration of the CDBG program. The City contracted with MDG Associates, Inc. to prepare the 2024- 2025 Annual Action Plan.

In the implementation of the 2021-2025 Consolidated Plan and each of the five Annual Action Plans, Community Development Department staff and consultants shall be responsible for all grants planning, management and monitoring duties necessary to comply with HUD regulations and City policy.

Consolidated Plan Public Contact Information
City of Gardena
Community Development Department
Greg S. Tsujiuchi, Director of Community Development
1700 W. 162nd Street
Gardena, CA 92024
(310) 217-9526
City of Gardena - 10 - 2024 Annual Action Plan
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
To gather the greatest breadth and depth of information, the City consulted with inter-departments concerning the housing, community and economic development needs of the community. The input received from these consultations helped establish and inform the objectives and goals described in the Strategic Plan. The City also provided each agency with an opportunity to comment on the draft 2024-2025 Action Plan during the public review and comment period.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)).

The City recognizes the importance of careful coordination and alignment among various service providers to maximize the effectiveness of the CDBG program. The City further recognizes the importance of continued coordination and alignment during the preparation of the 2024-2025 Action Plan with these organizations and agencies.

The City will provide technical assistance to developers and community-based organizations that assist the City in the provision of affordable housing and facilities. The City will also encourage collaboration between non-profit agencies, housing providers and government agencies. The City will maintain contact with trade organizations, such as the Building Industry Association (BIA).

Describe coordination with the Continuum of Care and efforts to address the needs of less persons (particularly chronically less individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness
The Los Angeles less Services Authority (LAHSA), the lead agency of the Continuum of Care (CoC) for Los Angeles County, guides the development of less strategies and the implementation of programs to end lessness throughout the region. The CoC is comprised of a network of public, private, faith-based, for-profit, and nonprofit service providers who utilize several federal, state, and local resources in providing services for less persons. The County and its cities, including the City of Gardena, also provide resources for services that assist the less and those at risk of becoming less. The nonprofit and faith-based community plays a key role in the current CoC system. Hundreds of agencies throughout the County provide programs ranging from feeding the less on the street to creating permanent supportive housing opportunities. These services are available to less families with children as well as single men and women. The nonprofit and faith-based community also serves special needs populations, such as victims of domestic violence, veterans, persons with disabilities, and unaccompanied youth. The City participates in the annual homeless count sponsored by the CoC.

City of Gardena - 11 - 2024 Annual Action Plan
To address the City’s homeless population, the City utilizes CDBG funds to provide public and supportive services to prevent homelessness and/or aid those who are homeless or at risk of becoming homeless.

Homeless supportive and prevention services funded through the City’s 2024-2025 CDBG program include:
• City of Gardena – Youth and Family services Bureau Program – Provides dry and canned food items along with hygiene supplied, and baby wipes and diapers to low-income Gardena residents. • Fair Housing Foundation (FHF) – Addresses fair housing mediation and landlord-tenant dispute resolution services, which helps prevent homelessness.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS
The City is not a direct recipient of ESG funding. However, it is a participating jurisdiction in the COC and works closely with the homeless system to create funding policies and procedures for ESG.

City of Gardena - 12 - 2024 Annual Action Plan

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities 1 Agency/Group/Organization LAHSA
Agency/Group/Organization Type Services-Homeless
What section of the Plan was addressed
by Consultation?
Homeless Needs – Chronically homeless
Homeless Needs – Families with children
Homelessness Needs – Veterans
Homelessness Needs – Unaccompanied youth
Homelessness Strategy
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
To obtain a comprehensive assessment of the needs and
priorities within the community, the Consolidated Plan
process included consultation with City residents, service providers, and selected departments. Engagement was
conducted through email and telephone.
2 Agency/Group/Organization Housing Authority County of Los Angeles Agency/Group/Organization Type PHA
What section of the Plan was addressed
by Consultation?
Public Housing Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
To obtain a comprehensive assessment of the needs and
priorities within the community, the Consolidated Plan
process included consultation with City residents, service providers, and selected departments. Engagement was
conducted through telephone.
3 Agency/Group/Organization County Public Housing Department Agency/Group/Organization Type Services-Persons with HIV/AIDS Services-Health
Health Agency
What section of the Plan was addressed
by Consultation?
Lead-Based Paint Strategy
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
To obtain a comprehensive assessment of the needs and
priorities within the community, the Consolidated Plan
process included consultation with City residents, service providers, and selected departments. Engagement was
conducted through telephone. The anticipated outcome is better information and communication regarding leadbased paint hazards. 4 Agency/Group/Organization Youth and Family Services
Agency/Group/Organization Type Other government – Local What section of the Plan was addressed
by Consultation?
Homeless Needs – Chronically homeless
Homeless Needs – Families with children
Homelessness Needs – Veterans
Homelessness Needs – Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
To obtain a comprehensive assessment of the needs and
priorities within the community, the Consolidated Plan
process included consultation with City residents, service providers, and selected departments. Engagement was
conducted through telephone and email. The outcome is
City of Gardena - 13 - 2024 Annual Action Plan
expected to include better communication and referral
information for Gardena residents.
5 Agency/Group/Organization Gardena Senior Citizen Bureau Agency/Group/Organization Type Services Elderly Persons What section of the Plan was addressed
by Consultation?
Housing Need Assessment
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
To obtain a comprehensive assessment of the needs and
priorities within the community, the Consolidated Plan
process included consultation with City residents, service providers, and selected departments. Engagement was
conducted through telephone.

Table 2 - Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting The City attempts to maintain a current and comprehensive list of agencies, organizations and other stakeholders and invited representatives from each entity to participate in the planning process at multiple points in the planning process. If an agency did not attend meetings or participate in surveys, it was done so by the agency’s choice.

If an agency or organization was not consulted and would like to be included in the City’s list of stakeholders, the agency or organization may contact the Community Development Department Director at (310) 217- 9526.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan
Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care
Los Angeles
Homeless
Services
Authority
The Continuum of Care works to alleviate the impact of homelessness in the community through the cooperation and collaboration of social service providers. This effort aligns with the Strategic Plan's goal to prevent and end homelessness.

City of Gardena
General Plan
Housing Element
City of Gardena
Planning
Department
The Housing Element (2021-2029, Feb 2023) serves as a policy guide to help the City plan for its existing and future housing needs. This effort aligns with the Strategic Plan's goal to assist in the creation and preservation of affordable housing for low income and special needs households.

Greater LA
Homeless Count
Los Angeles
Homeless
Services
Authority
The Greater Los Angeles Homeless County Overall Results for LA Continuum of Care report includes homeless census findings, survey findings, and discussion of methodologies used. This effort aligns with the Strategic Plan's goal to prevent and end homelessness.

Table 3 - Other local / regional / federal planning efforts City of Gardena - 14 - 2024 Annual Action Plan
Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l)) To enhance coordination among the CoC, public and assisted housing providers and private and governmental health, mental health and service agencies, the City invited each of these entities to provide input on the needs of the community in the development of this Consolidated Plan. The City monitors CoC policy making to ensure that local efforts correspond to changes in the regional approach to addressing the needs of less and low-income people. Further, the Community Development Department works with recipients of the City’s community grant program to ensure a coordinated effort among service agencies in the region who address the needs of Gardena residents, including but not limited to chronically less individuals and families, families with children, veterans and their families, unaccompanied youth, and persons who were recently homeless but now live-in permanent housing.

Narrative
Broadband
Throughout the City of Gardena, residents have consistent and multiple options to access broadband, highspeed internet offered by internet service providers such as AT&T Fiber/Internet, Spectrum, & Connect To.

For broadband download speeds of 25 megabytes per second (mbps), 100% of residents are serviced by at least three internet service providers. According to broadbandnow, the average download speed in Gardena is 100 mbps which is faster than the average internet speed in California.

Downey complies with HUD’s Narrowing the Digital Divide Through Installation of Broadband Infrastructure in HUD-Funded New Construction and Substantial Rehabilitation of Multifamily Rental Housing (81 FR 92626) rule (effective January 19, 2017). Through this rule, all new HUD-funded multi-family construction or substantial rehabilitation has included broadband infrastructure including cables, fiber optics, wiring and wireless connectivity to ensure that each unit has the infrastructure to achieve at least 25 mbps download and 3 mbps upload speeds.

Resilience
CERT is a program designed to train residents to assist safety personnel and Gardena staff in the event of a major disaster. The City of Gardena has prepared a Disaster Plan that complies with the State of California’s Standardized (SEMS) and is complying with the CERT VolunteerNational Incident Management Systems (NIMS).

AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation The City Council held a public hearing on May 28, 2024, to solicit community comments and input on the use of the City’s funding. Residents and stakeholders were notified of the public hearing through a publication in a local newspaper, direct email notification, and posting on the City’s Website. The draft Action Plan was City of Gardena - 15 - 2024 Annual Action Plan
available for public review and comment for a 30-day period from April 25, 2024, through May 28, 2024.

The draft Action Plan was available on the City’s website. Comments received during the public review period and at the Public Hearings are provided in “Appendix A” of this document.

Citizen Participation Outreach
City of Gardena - 16 - 2024 Annual Action Plan
Mode of
Outreach
f Outreach Summary of
response/
attendance
Summary of
comments
Summary of
comments not
accepted and
reasons
URL
1 Public Hearing Minorities
Persons with
disabilities
Nontargeted/broad
community
No attendees. None NA NA
2 Public Hearing Minorities
Persons with
disabilities
Nontargeted/broad
community
Residents of
Public and
Assisted Housing
No attendees None NA NA

3. Resident
Survey
Minorities
Non-English
Speaking- Specify
other language:

Spanish
Nontargeted/broad
community
NA None NA CityofGard
ena.org
4 Public Meeting Minorities
Non-English
Speaking- Specify
other language:

Spanish
NA None NA NA
City of Gardena - 17 - 2024 Annual Action Plan
5 Newspaper Ad Minorities
Persons with
disabilities
Non-targeted /
broad community
Residents of
Public and
Assisted Housing
Published Notice of
the 30-day public
review and
comment period for
the draft 2023-2024
Action Plan
announcing the
public hearing
before the Gardena
City Council on July
25, 2023, at 7:30
p.m.

No comments were
received.

No comments
were received.
6 Public Hearing Nontargeted/board
community
Public hearing for
the draft 2023-2024
Action Plan before
the Gardena City
Council on July 25,
2023, at 7:30 p.m.

All comments
were accepted.

Not
applicable
7 Newspaper Ad Minorities
Persons with
disabilities
Non-targeted /
broad community
Residents of
Public and
Assisted Housing
Published Notice of
the 30-day public
review and
comment period for
the draft Substantial
Amendment to the
2023-2024 Action
Plan announcing the
public hearing
before the Gardena
City Council on
February 13, 2024,
at 7:30 p.m.

No comments were
received.

No comments
were received.
https://city
ofgardena.
org/cddho
mepage/
8 Public Hearing Nontargeted/board
community
Public hearing for
the draft Substantial
Amendment to the
2023-2024 Action
Plan before the
Gardena City
Council on February
13, 2024, at 7:30
p.m.

All comments
were accepted.

Not
applicable
9 Newspaper Ad Minorities
Persons with
disabilities
Non-targeted /
broad community
Residents of
Public and
Assisted Housing
Published Notice of
the 30-day public
review and
comment period for
the 2024-2025
Action Plan
announcing the
public hearing
before the Gardena
City Council on May
28, 2024, at 7:30
p.m.

TBD TBD https://city
ofgardena.
org/cddho
mepage/
City of Gardena - 18 - 2024 Annual Action Plan
10 Public Hearing Nontargeted/board
community
Public hearing for
the draft Substantial
Amendment to the
2024-2025 Action
Plan before the
Gardena City
Council on May 28,
2024, at 7:30 p.m.

TBD TBD Not
applicable
Table 4 – Citizen Participation Outreach
City of Gardena - 19 - 2024 Annual Action Plan
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The projects and activities included in the 2024-2025 Action Plan are based on resources that are reasonably anticipated to be available to the City from federal, state, local and private sources from July 1, 2024 through June 30, 2025. The actual resources available to support activities during the implementation of the remainder of the 2021-2025 Consolidated Plan may vary significantly due to factors outside of the City’s control. For example, HUD formula grant allocations are subject to change each year based on several factors such as the amount of the national appropriation, changes in ACS population data applied to the CPD grant formulas, statutory changes to the CPD grant formulas, the addition or removal of entitlements receiving a particular CPD grant and the availability of reallocated funds. Additionally, state, local and private resources will vary significantly depending on the economic conditions.

For the 2024-2025 Program Year, the City will receive $616,463 in CDBG. In addition, the City will be allocating $756,115 in prior year unprogrammed CDBG funds during the 2024-2025 program year.

Anticipated Resources
Program Uses of Funds
Expected Amount Available Year 4 Expected Amount
Available
Remainder of Con
Plan
Narrative
Annual Description
Allocation:

Program
Income:

Prior Year
Resources:

Total:

CDBG
Acquisition
Admin and Planning
Economic Development
Housing
Public Improvements
Public Services
$616,463 $756,115 $1,372,578 $616,463
Based on 2024 FY
allocation from
HUD.

City of Gardena - 20 - 2024 Annual Action Plan
Program Uses of Funds
Expected Amount Available Year 4 Expected Amount
Available
Remainder of Con
Plan
Narrative
Annual Description
Allocation:

Program
Income:

Prior Year
Resources:

Total:

OTHER Housing $ $ $
Funds represent
estimated loan
repayments under
the Stare HOME
Program and
CalHOME
Programs.

Table 5 - Expected Resources – Priority Table

City of Gardena - 21 - 2024 Annual Action Plan
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City of Gardena and HUD share a mutual interest in leveraging HUD resources to the maximum extent possible in order to deliver high-quality affordable housing, neighborhood improvement programs, supportive services, and economic development.

Entitlement Funds
Leverage, in the context of CDBG funding, means bringing other local, state, and federal financial resources to maximize the reach and impact of the City’s U.S. Department of Housing and Urban Development (HUD) funded programs. HUD, like many other federal agencies, encourages the recipients of federal monies to demonstrate that efforts are being made to strategically leverage additional funds in order to achieve greater results. Leverage is also a way to increase project efficiencies and benefit from economies of scale that often come with combining sources of funding for similar or expanded scopes.

Funds will be leveraged if financial commitments toward the costs of a project from a source other than the originating HUD program are documented.

Other Federal Grant Programs
In addition to the CDBG entitlement dollars, the federal government has several other funding programs for community development and affordable housing activities. These include: the Section 8 Housing Choice Voucher Program, Section 202, the Affordable Housing Program (AHP) through the Federal Home Loan Bank, and others. It should be noted that in most cases the City would not be the applicant for these funding sources as many of these programs offer assistance to affordable housing developers rather than local jurisdiction.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City does not own land or property located within the jurisdiction that may be used to address the needs identified in the plan.

Discussion
Assuming continued level funding of the CDBG program, the City expects to spend a considerable amount of CDBG funds on projects that provide decent housing and suitable living environment during the period of the five-year Consolidated Plan between July 2021 and June 2025.

City of Gardena - 22 - 2024 Annual Action Plan
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Goal Name
Time
Period
Category
Geographic Area
Needs Addressed Funding
Goal Outcome
Indicator
Goal 1
Program
Administration
2024 –
2025
All Citywide All CDBG:
$103,292
N/A
Description: Provide for the timely and compliant administration of the CDBG program in accordance with HUD policy and federal regulations. HUD requires the City to represent Administration funds as a “goal” within the Strategic Plan so that the sources of funds (refer to Section SP-35) are fully allocated to goals.

Goal 2
Fair Housing
Services
2024 –
2025
Affordable Housing
Non-Homeless
Special Needs
Citywide Fair Housing
Services
CDBG:
$20,000
Public service
activities other
than
Low/Moderate
Income Housing
Benefit: 200
Persons
Assisted
Description: Affirmatively further fair housing choice through the provision of fair housing education, counseling, anti-discrimination, and landlord-tenant mediation services. This includes fair housing services.

Goal 3
Services for Low
& Moderate
Income Persons
2024 –
2025
Homeless NonHomeless Special
Needs
Citywide Public Services to
Help Low-Income
Residents Prevent
and Eliminate
Homelessness
CDBG:
$92,469
Public service
activities
other than
Low/Moderate
Income
Housing
Benefit: 100
Persons
Assisted
Description: Implement the Youth and Family Services Program to provide services to low- and moderate-income senior residents.

City of Gardena - 23 - 2024 Annual Action Plan
Goal Name
Time
Period
Category
Geographic Area
Needs Addressed Funding
Goal Outcome
Indicator
Goal 4
Owner-Occupied
Rehabilitation
2024 –
2025
Affordable housing Citywide Preserve the
supply of housing
affordable
Neighborhood
Preservation &
Improvement
CDBG:
$1,156,817
Homeowner
Housing
Rehabilitated:20
households
assisted
Description: Implement the Residential Rehabilitation Program to assist low- and moderate-income owners with critical repairs and general property improvements.

Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Program Administration
Goal
Description
Provide for the timely and compliant administration of the CDBG program in accordance with HUD policy and federal regulations. HUD requires the City to represent Administration funds as a “goal” within the Strategic Plan so that the sources of funds (refer to Section SP-35) are fully allocated to goals. 2 Goal Name Fair Housing Services
Goal
Description
Affirmatively further fair housing choice through the provision of fair housing education, counseling, anti-discrimination, and landlord-tenant mediation services. This includes fair housing services.
3 Goal Name Services for Low- & Moderate-Income Persons Goal
Description
Implement the Youth and Family Services Program to provide services to low- and moderate-income senior residents.
4 Goal Name Owner-Occupied Rehabilitation
Goal
Description
Implement the Residential Rehabilitation Program to assist low- and moderate-income owners with critical repairs and general property improvements.

City of Gardena - 24 - 2024 Annual Action Plan
Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by 91.215(b).

The City of Gardena will assist approximately 20 low-income owners with home repairs through the CDBG funded Residential Rehabilitation Program.

City of Gardena - 25 - 2024 Annual Action Plan
AP-35 Projects – 91.220(d)
Introduction
To address the high priority needs identified in the Strategic Plan to the 2021-2025 Consolidated Plan, the City of Gardena will invest CDBG funds in projects that preserve affordable housing, provide fair housing services, provide services to low- and moderate-income residents, provide services to residents with special needs, prevent homelessness, preserve neighborhoods, improve public facilities and infrastructure, and facilitate the creation or expansion of small businesses. Together, these projects will address the housing, community and economic development needs of Gardena residents-particularly those residents residing in the low- and moderate-income areas.

Projects
2024-2025 Projects

1. Residential Rehabilitation Program

2. Youth and Family Services Bureau (Counselors/Sides)

3. Fair Housing Services

4. Planning and Administration

Table 8 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Based on the Strategic Plan, the City will be allocating 100 percent of its non-administrative CDBG investment for program year 2024-2025 to projects and activities that benefit low- and moderate-income people. The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state, and other local sources.

City of Gardena - 26 - 2024 Annual Action Plan
AP-38 Project Summary
Project Summary Information
1 Project Name Planning and Administration
Target Area Citywide
Goals Supported Program Administration
Needs Addressed Planning and Administration
Funding CDBG: $103,292
Description General oversight of the City's Community Development Block Grant Program.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
N/A
Location Description Citywide
Planned Activities
CDBG Program Administration
2 Project Name Fair Housing Services
Target Area Citywide
Goals Supported Fair Housing Services
Needs Addressed Fair Housing Services
Funding CDBG: $20,000
Description Fulfill the HUD regulatory mandate to affirmatively further fair housing choice through the provision of fair housing education, counseling, antidiscrimination and landlord-tenant mediation services.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
Approximately 50 people will benefit from Fair Housing Services Location Description Citywide
Planned Activities Fair Housing Foundation: Fair Housing Services City of Gardena - 27 - 2024 Annual Action Plan
3 Project Name Youth and Family Services
Target Area Citywide
Goals Supported Services for Low & Moderate Income Persons Needs Addressed Public Services to Help Low-Income Residents Funding CDBG: $92,469
Description Provide low- and moderate-income families with a range of public services
necessary to prevent homelessness and ameliorate the effects of poverty.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
The Youth and Family Services Program will assist approximately 100 families/individuals with housing referrals, food bank and counseling services.

Location Description Citywide
Planned Activities Youth and Family Services Program – (100 People) 4 Project Name Residential Rehabilitation Program
Target Area Citywide
Goals Supported Owner-Occupied Rehabilitation
Needs Addressed Preservation of supply of Affordable Housing Neighborhood Preservation & Improvement
Funding
CDBG: $1,156,817
Description Provide grants to low- and moderate-income owner occupants to make necessary repairs to their home. The goal is to preserve the quality of existing owner-occupied dwellings through rehabilitation.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
An estimated 20 households will be assisted through the City’s Residential Rehabilitation Program.

Location Description Citywide
Planned Activities
Residential Rehabilitation Program
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
In accordance with the Strategic Plan all CDBG funds will be directed toward activities benefiting low- and moderate-income residents.

City of Gardena - 28 - 2024 Annual Action Plan
Geographic Distribution
Target Area Percentage of Funds
CDBG Eligible Areas 38%
Citywide 62%
Table 9 - Geographic Distribution
Rationale for the priorities for allocating investments geographically CDBG funds will not be directed to specific geographic areas within the City. Rather, resources will be available to address the needs of all low- and moderate-income residents and residents with special needs without regard to their location within the City.

Discussion
Based on the Strategic Plan, the City is allocating 100 percent of its CDBG funds (excluding Administration) for program year 2024-2025 to projects and activities that benefit low- and moderate-income people, without regard to their physical location within the City of Gardena.

City of Gardena - 29 - 2024 Annual Action Plan
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Two high priority affordable housing needs are identified in the 2021-2025 Consolidated Plan and three Strategic Plan goals are established to provide the framework necessary to invest CDBG funds to address the affordable housing needs of the City.

Expand the Supply of Affordable Housing
Gardena residents have a significant need for high quality and affordable housing.

Preserve the Supply of Affordable Housing
As the City's housing stock ages, a growing percentage of housing units may need rehabilitation to allow them to remain safe and habitable. The situation is of particular concern for low- and moderate-income owners who are generally not in a financial position to properly maintain their homes.

Gardena’s housing stock is aging and residents with low and/ or fixed incomes may not be financially positioned to make necessary repairs.

Preservation of the physical and functional integrity of existing housing units occupied by low- and moderateincome households is a cost-effective way to invest limited resources to retain existing housing units that are already affordable to low- and moderate-income households in the community. Addressing substandard housing conditions through housing preservation activities provide that all economic segments of the community have the means to ensure that their property meets local standards and that all Gardena residents have the opportunity to live in decent housing.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 20
Special-Needs 0
Total 20
Table 10 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
City of Gardena - 30 - 2024 Annual Action Plan
One Year Goals for the Number of Households Supported Through Rehabilitation of Existing Units 20
Acquisition of Existing Units 0
Total 20
Table 11 - One Year Goals for Affordable Housing by Support Type Discussion
The Strategic Plan identifies a high priority need to preserve the supply of affordable housing. During the 2024-2025 program year, the City of Gardena will invest CDBG funds in an effort to preserve twenty (20) owner-occupied housing units.

City of Gardena - 31 - 2024 Annual Action Plan
AP-60 Public Housing – 91.220(h)
Introduction
Public housing and other assisted housing programs are part of the efforts by Los Angeles County to address the affordable housing needs of extremely low- and very low-income families in Gardena. The Los Angeles County Development Authority (LACDA) oversees HUD public housing programs for participating jurisdictions, including Gardena.

The City of Gardena does not administer Section 8 and does not own HUD Public Housing; however, the City is within the service area of the Housing Authority of the County of Los Angeles (HACoLA) for the purposes of Section 8 and Public Housing.

Actions planned during the next year to address the needs to public housing The most pressing need is the high demand for affordable housing throughout Los Angeles County. This is documented by the long waitlist, which consists of 60,000 families.

Beyond the need for affordable housing, LACDA seeks to address the needs of residents to gain access to service programs such as: job training and placement and self-sufficiency.

Actions to encourage public housing residents to become more involved in management and participate in ownership
LACDA actively encourages residents to be involved in the organization through resident councils and active participation in housing authority decisions via surveys and other forms of engagement. LACDA also maintains quarterly newsletters for Section 8 tenants, public housing residents, and Section 8 property owners.

LACDA encourages residents to explore ownership opportunities. LACDA administers Family Self‐ Sufficiency (FSS) program for public conventional housing and Housing Choice Voucher program residents.

The FSS program provides critical tools and supportive services to foster a resident’s transition from financial and housing assistance to economic and housing self‐sufficiency, most importantly ownership.

To support this effort, LACDA utilizes marketing materials to outreach and further promote the program’s requirements and benefits to all public housing residents. For families that are eligible to participate, a Contract of Participation (COP) is prepared to govern the terms and conditions of their participation and an Individual Training Service Plan (ITSP) is created that outlines the following: supportive services to be provided, activities to be completed by the participant, and agreed upon completion dates for the services and activities. The COP is valid for five years and may be extended to allow the family to meet their ITSP goals.

Once the COP is established and the family experiences an increase in tenant rent because of earned income, an escrow account in their name is established and increased earned income is deposited into this City of Gardena - 32 - 2024 Annual Action Plan
account. Escrow accounts are disbursed to the family once the family has graduated successfully from the program. Families are encouraged to utilize these funds toward educational and ownership endeavors.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
N/A, LACDA is designated as a High Performing Public Housing Agency.

Discussion
LACDA is well-positioned to continue providing Section 8 Housing Choice Vouchers in the City of Gardena and throughout Los Angeles County.

City of Gardena - 33 - 2024 Annual Action Plan
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Preventing and ending homelessness is a HUD priority addressed regionally through coordination of strategies carried out locally by government agencies, community-based organizations, and faith-based groups. Consistent with this approach, the City supports the efforts of Los Angeles less Services Authority (LAHSA) and the Continuum of Care (CoC) and its member organizations that address lessness throughout the County. The City will invest CDBG funds during the program year to address high priority needs identified in the 2021-2025 Consolidated Plan including preventing homelessness and providing public services to special needs populations. This will be accomplished through the City’s Youth, Senior and Family Services program.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to less persons (especially unsheltered persons) and assessing their individual needs
The City of Gardena supports the efforts of the Los Angles less Service Authority (LAHSA), County Continuum of Care (CoC), and its member organizations. In alignment with this strategy (link to 51 strategies approved by the Los Angeles County Board of Supervisors https://less.lacounty.gov/strategies/) the City has set a goal of providing public services to at risk of homelessness, homeless, and special needs residents during fiscal year 2024-2025. The City of Gardena does not receive ESG funding.

To reach out to unsheltered homeless persons and assess their individual needs for the purpose of connecting them with available emergency shelter and transitional housing resources, the City of Gardena, provided information and referrals – primarily to LAHSA and United Way 2-1-1..

To address this need, the City will support its Youth and Family Services Program that will support 2 households over the Consolidated Plan period utilizing its CDBG funds. The Youth and Family Services Program will assist in preventing these families from becoming homeless.

Addressing the emergency shelter and transitional housing needs of less persons The City of Gardena supports the efforts of the Los Angles less Service Authority (LAHSA), County Continuum of Care (CoC), and its member organizations to provide a spectrum of services and housing to help the less and those at risk of lessness gain stability. In 2017 the City adopted a number of zoning ordinances to facilitate development of housing, shared housing, emergency and transitional shelter, and single-room occupancy housing. Furthermore, the City’s one-year goal of affordable housing preservation, development, and access addresses the underlying issue of inadequate supply of affordable housing and anticipates assisting four households. The City does not receive ESG funds.

Helping homeless persons (especially chronically less individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing City of Gardena - 34 - 2024 Annual Action Plan
and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for less individuals and families to affordable housing units, and preventing individuals and families who were recently less from becoming less again:

The City’s one-year goal of affordable housing preservation addresses the underlying issue of inadequate supply of affordable housing and anticipates assisting 10 households. Additionally, In support of CoC efforts, this Strategic Plan provides for the use of CDBG funds to support temporary rental assistance activities implemented by the City through its Youth, Senior and Family Services Program to help prevent and eliminate homelessness.

For the next five years, the new plan recommends the following strategies to reduce homelessness throughout the County:
• Know who is homeless and what they need – Conduct a count of every person living on the streets, shelters,
or other places not fit for human habitation to understand the scope of homelessness in each community. • Create the housing and the services to help people thrive - Create affordable housing units through acquisition or rehabilitation of existing buildings and provide supportive services in permanent supportive housing that are critical to housing retention.
• Shift to a Housing First System, a system through which homeless people are back in permanent housing in less than 30 days and there are few requirements for housing.

By fully investing in solutions that work and getting communities to get involved at every level (i.e., federal, state, and local, for profit organizations, non-provident organizations, and residents) the end of homelessness throughout Los Angeles County can be possible.

Helping low-income individuals and families avoid becoming less, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The strategies discussed above will help low-income individuals and families avoid becoming homeless. An individual or family is considered at-risk of becoming homeless if it experiences extreme difficulty maintaining their housing and has no reasonable alternatives for obtaining subsequent housing. Homelessness often results from a complex set of circumstances that require people to choose between food, shelter, and other basic needs. Examples of common circumstances that can cause homelessness include eviction, loss of income, insufficient income, disability, increase in the cost of housing, discharge from an institution, irreparable damage, or deterioration to housing, and fleeing from family violence.

Discussion
City of Gardena - 35 - 2024 Annual Action Plan
With limited CDBG resources available, the City is investing CDBG funds through its Youth and Family Services program to prevent homelessness in Gardena.

AP-75 Barriers to Affordable Housing – 91.220(j)
Introduction
A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing. Barriers can include land use controls, property taxes, state prevailing wage requirements, environmental protection, cost of land, and monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in the sense that barriers are lawful and impediments to fair housing choice are usually unlawful.

Based on information gathered during community meetings, the Consolidated Plan Needs Assessment Survey, the 2021-2029 Housing Element and market analysis, the primary barriers to affordable housing in Gardena are housing affordability and the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that demand for affordable housing exceeds the supply and insufficient resources are available to increase the supply of affordable housing to meet demand.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
In the development of the 2021-2029 Housing Element, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations. Based on this evaluation, the City determined that it has taken all necessary steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. Moreover, the City is actively engaged with affordable housing developers concerning the siting of affordable housing and ensuring that the entitlement process runs smoothly from inception to completion.

Discussion
To address housing affordability and the lack of monetary resources for affordable housing, the 2021-2025 Consolidated Plan - Strategic Plan calls for the investment of a significant portion of CDBG funds for the preservation of 150 existing affordable owner-occupied housing units over the next five years.

City of Gardena - 36 - 2024 Annual Action Plan
AP-85 Other Actions – 91.220(k)
Introduction
The City of Gardena’s planned investment of CDBG funds through the 2024-2025 Action Plan will address obstacles to fostering development of and maintaining existing affordable housing; evaluating and reducing lead-based paint hazards; reducing the number of families living in at or below the poverty line; developing institutional structure; and enhanced coordination among collaborative agencies and organizations.

Additionally, this section will identify obstacles to meeting underserved populations needs and propose action to overcome those obstacles.

Actions planned to address obstacles to meeting underserved needs The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state and other local sources, the high cost of housing that is not affordable to lowincome people. To address these obstacles, at least in part, the City is investing CDBG funds through the 2024-2025 Action Plan in projects that will support the preservation of owner-occupied housing units that are affordable to low- and moderate-income families and programs that provide public services to low- and moderate-income people and those with special needs and programs that prevent homelessness. To address underserved needs, the City is allocating 100 percent of its CDBG (excluding Administration) funds for program year 2024-2025 to projects and activities that benefit low- and moderate-income people.

Actions planned to foster and maintain affordable housing In the implementation of the 2024-2025 Annual Action Plan, the City will invest CDBG funds to preserve and maintain affordable housing by operating the Residential Rehabilitation Program which provides grants to low- and moderate-income owners of single-family detached properties in the City of Gardena.

Actions planned to reduce lead-based paint hazards
The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing-based approaches. To reduce lead-based paint hazards, the City of Gardena Residential Rehabilitation Program will conduct lead-based paint testing and risk assessments for each property assisted that was built prior to January 1, 1978 and will incorporate safe work practices or abatement into the scope of work as required to reduce lead-based paint hazards in accordance with 24 CFR Part 35.

Actions planned to reduce the number of poverty-level families The implementation of CDBG activities meeting the goals established in the Consolidated Plan-Strategic Plan and this Action Plan will help to reduce the number of poverty-level families by:
• Continuing to fund the Gardena Family Child Care Program (GFCC).

City of Gardena - 37 - 2024 Annual Action Plan
• Continuing to fund the Youth, Senior and Family Services Program. • Supporting activities that expand the supply of housing that is affordable to low- and moderate- income households.
• Supporting activities that preserve the supply of decent housing that is affordable to low- and moderateincome households. • Supporting a continuum of housing programs to prevent and eliminate homelessness; and • Supporting housing preservation programs that assure low-income households have a safe, decent, and appropriate place to live.

In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start providing pathways out of poverty for families who are ready to pursue employment and educational opportunities. Additionally, in California, the primary programs that assist families in poverty are CalWORKS, CalFresh (formerly food stamps) and Medi-Cal. Together; these programs provide individuals and families with employment assistance, subsidy for food, medical care, childcare and cash payments to meet basic needs such as housing, nutrition and transportation. Other services are available to assist persons suffering from substance abuse, domestic violence, and mental illness.

Actions planned to develop institutional structure
The institutional delivery system in Gardena is high-functioning and collaborative—particularly the relationship between local government and the nonprofit sector comprised of a network of capable nonprofit organizations that are delivering a full range of services to residents. Strong City departments anchor the administration of HUD grant programs and the housing, community and economic development activities that are implemented by the City.

In order to support and enhance this existing institutional structure, the City of Gardena will collaborate with nonprofit agencies to ensure that the needs of low- and moderate-income residents are met as envisioned within the 2021-2025 Consolidated Plan - Strategic Plan.

Actions planned to enhance coordination between public and private housing and social service agencies
To enhance coordination between public and private housing and social service agencies, the City will continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate-income residents in Gardena— particularly the low-and moderate- income areas.

Discussion:

In the implementation of the 2024-2025 Annual Action Plan, the City will invest CDBG resources to address obstacles to meet underserved needs, preserve affordable housing, reduce lead-based paint hazards, City of Gardena - 38 - 2024 Annual Action Plan
reduce the number of poverty-level families, develop institutional structure and enhance coordination between public and private housing and social service agencies.

Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
In the implementation of programs and activities under the 2024-2025 Annual Action Plan, the City of Gardena will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate-income benefit for the CDBG program.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan – 2023, 2024, 2025
100.00%
City of Gardena - 39 - 2024 Annual Action Plan

APPENDIX A
Citizen Participation

Department of Urban Housing Development (HUD). The draft 2024-2025 Annual Action Plan proposes to allocate approximately $592,299 of new CDBG funds and $756,115 of available unallocated CDBG funds to eligible projects and activities. HUD has not yet released the 2024-2025 Annual Allocations. For this reason, HUD has advised the City to prepare this draft document utilizing the current year annual allocation and include language detailing the methodology by which the City will reallocate funds should the 2024-2025 annual allocation increase or decrease. Per Federal Regulation 24 CFR 91.105 (b) (4), the City is required to provide a 30-day public comment period. The public review and written comment period begins April 25, 2024 and runs through May 28, 2024.

During the public comment period, the draft documents are available for public inspection on the City’s website at www.cityofgardena.org. Copies may also be provided upon request by contacting Greg Tsujuichi at (310) 217-9526.

PUBLIC NOTICE IS HEREBY FURTHER GIVEN that the City Council of the City of Gardena will conduct a public hearing on Tuesday, May 28, 2024, at 7:30 p.m. or soon thereafter as the matter shall be heard, in the City Hall Council Chambers, 1700 W. 162nd Street, Gardena, California for the purpose of 1) receiving public comment on the draft One-Year Acton Plan (2024-25), and (2) approving the submission of the document to the U.S. Department of Housing and Urban Development (HUD).

All interested persons may appear before the City Council at said hearing and will be given an opportunity to comment on the above-referenced item at the public hearing and any subsequent public hearings conducted related to the item. In addition, written comments may be submitted to the City Council prior to the hearing via U.S. Mail to the attention of City Clerk’s Office, City of Gardena, 1700 W 162nd Street, Gardena, CA 90247 or via email to [email protected]. Please reference the hearing title and date of the hearing in any correspondence.

If you wish to challenge the above item in court, the challenge will be limited only to those issues you or someone else raised at the public hearing in written correspondence delivered to the City at or prior to the public hearing as described in this notice. The City cannot be held responsible for U.S. Mail that is not received prior to the hearing.

Americans with Disabilities Act (ADA): The City of Gardena, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office by email [email protected] at least 6 hours prior to the scheduled special meeting to ensure assistance is provided. Assistive listening devices are available.

Limited English Proficiency (LEP)
An interpreter for Limited English-speaking persons with Limited English Proficiency (LEP) can be made available at public hearing meetings. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements. If you require program documents pertinent to the use of federal funds to be translated into a different language, the City will make reasonable efforts to accommodate your request.

Gardena Valley News
4/25/24
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NOTICE OF COMMENT PERIOD AND PUBLIC HEARING
FOR THE DRAFT FY 2024-2025 ANNUAL ACTION PLAN
PUBLIC NOTICE IS HEREBY GIVEN that The City of Gardena has prepared a proposed draft 2024-2025 Annual Action Plan and is seeking public comment from interested residents. The Annual Action Plan is the City’s annual application to the U.S. Department of Urban Housing Development (HUD). The draft 2024-2025 Annual Action Plan proposes to allocate approximately $592,299 of new CDBG funds and $756,115 of available unallocated CDBG funds to eligible projects and activities. HUD has not yet released the 2024-2025 Annual Allocations.

For this reason, HUD has advised the City to prepare this draft document utilizing the current year annual allocation and include language detailing the methodology by which the City will reallocate funds should the 2024-2025 annual allocation increase or decrease. Per Federal Regulation 24 CFR 91.105 (b) (4), the City is required to provide a 30- day public comment period. The public review and written comment period begins April 25, 2024 and runs through May 28, 2024.

Please reference the hearing title and date of the hearing in any correspondence.

Gardena Valley News 4/25/24-141842
Summary of Public Comments

To be included following Public Comment Period and Public Hearing on May 28, 2024.

City of Gardena - 40 - 2024 Annual Action Plan

APPENDIX B
Grantee Unique Appendices
EL SEGUNDO BLVD.

CRENSHAW BLVD.

VAN NESS AVE.

S. WESTERN AVE.

S. NORMANDIE AVE.

VERMONT AVE.
135TH ST.

ROSECRANS AVE.

MARINE AVE.

MANHATTAN BEACH AVE.

REDONDO BEACH AVE.

LEGEND:

CITY BOUNDARY

LOW AND MODERATE INCOME BLOCK GROUPS

CENSUS TRACK

BLOCK GROUP

CDBG - LOW AND MODERATE INCOME AREA MAP
0 mile 1 mile

0.5 mile
NORTH
Ŀ BLKGRP LOWMOD
602600 1 365
602600 2 895
602600 3 920
602600 4 705
602600 5 15
602600 6 725
602600 7 1,430
602900 1 1,220
602900 2 950
602900 3 745
603001 1 900
603001 2 930
603001 3 1,465
603001 4 1,275
603004 1 920
603005 1 1,295
603005 2 1,640
603005 3 945
603006 1 770
603006 2 490
603101 1 810
603101 2 570
603101 3 840
603102 1 1,015
603102 2 895
603102 3 380
603200 1 310
603200 2 645
603200 3 230
603301 1 390
603301 2 765
603301 3 865
603302 1 595
603302 2 1,045
603302 3 885
603400 1 1,575
603400 2 630
603400 3 420
603500 1 460
603500 2 465
603500 3 585
603600 1 630
603600 2 205
603600 3 890
34,700
ACS_Data - Lowmod
6029.00
6026.00
6030.01
6030.04
6030.05
6034.00
6035.00
6036.00
6030.06
6031.01 6033.01
6033.02
6031.02
6032.00
B.G. 4
B.G. 5
B.G. 6
B.G. 1
B.G. 2
B.G. 3
B.G. 1
B.G. 4 B.G. 1
B.G. 5
B.G. 1
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B.G. 1
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B.G. 2
B.G. 7
B.G. 2
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B.G. 1
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B.G. 1
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B.G. 2
B.G. 1
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B.G. 1
B.G. 3
B.G. 3
B.G. 3
B.G. 1
B.G. 3 B.G. 2
City of Gardena
City of Gardena - 41 - 2024 Annual Action Plan

APPENDIX C
SF-424, SF-424B, SF-424D, & Certifications

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.C
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: May 28, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Consideration of a contract with spcaLA for Animal Sheltering and Services COUNCIL ACTION REQUIRED:

Staff Recommendation: Approve the contract between the City and spcaLA for a 14 month term beginning June 1, 2024 through August 31, 2025 RECOMMENDATION AND STAFF SUMMARY:

Since 2021, the City has utilized the services of the Los Angeles Society for the Prevention of Cruelty to Animals (spcaLA) for Animal Sheltering and Services. For the past 3 years, staff has had the chance to fully evaluate their services, and has been completely satisfied with the services provided. The spcaLA has been both accessible (shelter located in Hawthorne) and responsive in assisting our animal control division.

On May 1, 2024, spcaLA notified staff that monthly service fees would increase from $10,330.00 to $19,300.00, and daily holding of animals, beyond the initial 3-days, would increase from $50 to $100 per day. This monthly service fee increase is largely due to a significant increase in animal intake numbers. In 2021, the animal intake number was approximately 485 and it has since increased to approximately 890 annually.

Besides the Los Angeles County Carson Animal Shelter, other agencies with competitive rates such as SEAACA and the Humane Society either do not service the area of Gardena or do not have the capacity to take on new clients.

Staff recommends that the City Council approve the contract between the City and spcaLA for a 14 month term beginning June 1, 2024 through August 31, 2025.

FINANCIAL IMPACT/COST:

General Fund Proposed Budget of $225,000 for FY 2024-2025 and $225,000 for FY 2025- 2026
ATTACHMENTS:

SPCALA Contract 2024-2025.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager

ANIMAL SHELTERING

SERVICES CONTRACT
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5/2024 | ©spcaLA. All rights reserved.

This AGREEMENT is entered into on this _____ day of _____, 2024__ between the _CITY OF GARDENA, a general law city and municipal corporation, (“CITY”) and THE LOS ANGELES SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (spcaLA), a California Corporation (“CONTRACTOR”).

In consideration of the mutual promises, covenants and conditions hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:

1. SCOPE OF SERVICES:
a) CONTRACTOR will serve as the Director of Animal Sheltering for CITY in accordance with holding periods required by applicable law. CONTRACTOR will accept stray animals turned in by citizens of the CITY. CONTRACTOR will also accept owned animals relinquished by citizens of the CITY [upon payment of the CONTRACTOR’S fee for such services]. To fulfill this responsibility CONTRACTOR will maintain an animal shelter located at 12910 Yukon Avenue in the City of Hawthorne during the term of this Agreement. CONTRACTOR may, in its sole discretion move animals to another suitable sheltering facility for any reason, including but not limited to: for maintenance, business necessity, a natural disaster or a pandemic.
b) CITY agrees to ensure that all ill or injured animals receive emergency medical care as required by applicable law before depositing said animal with CONTRACTOR. c) CITY agrees to ensure all young or un-weaned wildlife i.e. ducklings, possums, racoons, etc. would be taken to a rescue that specializes in the species. No un-weaned animals can be deposited after normal business hours. If the City does not fulfill this requirement City Agrees to pay cost of service, and a One-thousand Dollars ($1,000.00) Admin fee per animal to be added to the monthly invoice from CONTRACTOR.
d) CITY agrees to ensure owner relinquished animals (live and dead), collect relinquish fee and remits to CONTRACTOR upon delivery of animal with checks to be made payable to spcaLA.. If the City does not fulfill this requirement. City Agrees to pay the relinquish fee to be added to the next month invoice. e) CONTRACTOR agrees not to provide animals for scientific research. Upon CITY’s request, CONTRACTOR will teach up to four (4), one-hour educational classes and/or workshops for the community, at a cost of Two-hundred Dollars ($200.00) per session. These classes will present various topics on how to be a good pet owner. All dates, times, and topics will be determined upon mutual agreement of CITY and CONTRACTOR and will be free-of-charge to the attendees.

2. FEES. CITY agrees to pay CONTRACTOR a sum equal to Nineteen-thousand-three-hundred-dollars & 00/100 ($19,300.00) per month for CONTRACTOR’S services and One-hundred Dollars ($100.00) per day per animal held in excess of the CITY’S mandated holding period at the CITY’S request of three days (3). For a new contract, this monthly fee is based upon costs to the CONTRACTOR and upon initial estimates of animal intake activity provided by the City. For a renewal contract, the fee is based upon historical animal intake activity data. In either circumstance, the CITY’S animal intake activity will be reviewed periodically by the CONTRACTOR during the contract term to determine if said activity warrants a fee adjustment. Should an adjustment be deemed necessary, it will take effect in the first billing period subsequent to that determination. CONTRACTOR will invoice CITY each month. CITY agrees to pay each invoice within fourteen (14) days after receipt of an invoice. If payment is not received from CITY by the 20th day of each month, a 10% late fee will be added to the following month invoice. The late fee will be added each month until the invoice is paid. CONTRACTOR reserves the right to charge additional fees for violations of SCOPE OF SERVICES up to $5,000.

ANIMAL SHELTERING

SERVICES CONTRACT
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5/2024 | ©spcaLA. All rights reserved.

3. TERM. The term of this Agreement is from June 1, 2024 to August 31, 2025.

4. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a taxpayer identification number.

5. PERMITS AND LICENSES. CONTRACTOR, at its sole expense, will maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

6. PROJECT COORDINATION AND SUPERVISION.
(a) Denise Jakcsy will be assigned as CONTRACTOR’S Project Manager and will be responsible for coordination with CITY’S Project Manager for the services described herein. (b) ___ Gabriel Jiminez_ will be assigned as CITY’S Project Manager and will be personally in charge of and personally supervise the Project on a day-to-day basis on behalf of CITY and will maintain direct communication with CONTRACTOR’S Project Manager to facilitate CONTRACTOR’S provision of the services described herein.

7. TERMINATION FOR CONVENIENCE.
(a) Notwithstanding anything to the contrary set forth in Section 3, either party may terminate this Agreement for convenience at any time with or without cause upon (30) days’ written notice. (b) CONTRACTOR and CITY each waive any and all claims for damages that might otherwise arise from termination of this Agreement pursuant to this Section.

8. INDEMNIFICATION. To the fullest extent permitted by law, the parties agree to save, indemnify, defend, and hold harmless each other, and its affiliates, and their directors, officers, employees, agents, successors and assigns, from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, attorney fees, expert fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other.

Following a determination of the percentage of fault and or liability by agreement between the Parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this Agreement for the percentage of liability determined. It is expressly understood and agreed that the foregoing will survive termination of this Agreement.

9. ASSIGNABILITY. This agreement is for CONTRACTOR’S unique services. CONTRACTOR may not assign the benefits or burdens of this Agreement without CITY’S prior written consent.

10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of the method and manner in which the services are performed hereunder.

ANIMAL SHELTERING

SERVICES CONTRACT
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5/2024 | ©spcaLA. All rights reserved.

CONTRACTOR is free to contract for similar services to be performed for other entities while this Agreement is in effect with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of how the services are provided or to exercise a measure of control over the services means that CONTRACTOR will follow the direction of the CITY as to end results only.

11. RECORDS RETENTION.
(a) CONTRACTOR will maintain full and accurate records with respect to all services provided under this Agreement. CONTRACTOR will retain such records for at least three (3) years after termination or final payment under this Agreement.
(b) RECORDS, AUDIT AND RETENTION. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs incurred under this Agreement, and records related to the housing, medical care, treatment and adoption status of animals housed by CONTRACTOR pursuant to this Agreement, for a period of at least three (3) years after the expiration of this Agreement. Such aforementioned records relate solely to CONTRACTOR’S retention of an animal during the Holding Period.

12. INSURANCE.
(a) At all times during the term of this Agreement, CONTRACTOR will maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below.

Type of Insurance Limits (Combined Single)
Commercial general liability: $1,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory limits
(b) Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 10 01. The amount of insurance set forth above will be $1,000,000 per occurrence -- $2,000,000 aggregate for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insured” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence”, not a “claims made,” basis and will not be cancelable except upon thirty (30) days prior written notice to CITY. (c) Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 07 97, or similar form for CONTRACTOR owned autos.
(d) CONTRACTOR will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing the insurance required under this Agreement and such other evidence of insurance or copies of policies as may

ANIMAL SHELTERING

SERVICES CONTRACT
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be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M.

Best Company rating of “A:VII.”
(e) Should CONTRACTOR, for any reason fail to maintain the insurance required by this Agreement, CITY may, after providing reasonable written notice to CONTRACTOR, obtain such coverage at CONTRACTOR’S expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate this Agreement pursuant to Section 7.

13. NOTICES. All written communications by one party to the other will be sent as follows:

CITY CONTRACTOR
Madeline Bernstein
spcaLA
5026 W. Jefferson Blvd.

Los Angeles, CA 90016
City of Gardena
1700 W. 162nd St.

Gardena, CA 90247
Any such written communications will be conclusively deemed to have been received by the addressee at the time of actual delivery when sent by certified or registered mail, return receipt requested, postage prepaid. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notices in the manner prescribed in this paragraph.

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

15. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties. There are no other understandings, terms or other Agreements express or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

16. EFFECT OF CONFLICT. In the event of any conflict or inconsistency between any provision of this Agreement, and any other document or agreement, whether oral or written, the provisions of this Agreement will govern and control.

17. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either party.

ANIMAL SHELTERING

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

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

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

21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and not affect the interpretation of this Agreement.

22. FORCE MAJEURE. Should performance of this Agreement be prevented due to acts of God, fire, flood, earthquake, explosion, hostilities, war, strikes, embargo, riots, government action, civil or military authority, the natural elements, pandemics, or other similar causes beyond the parties’ control, then this Agreement will immediately terminate without obligation of either party to the other.

23. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

24. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. [SIGNATURE PAGE FOLLOW]

ANIMAL SHELTERING

SERVICES CONTRACT
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5/2024 | ©spcaLA. All rights reserved.

THE PARTIES HERETO AGREE TO THE FOREGOING AS EVIDENCED BY THEIR SIGNATURES BELOW. spcaLA and CONTRACTOR City of GARDENA
By: ____________________________ By: ____________________________ Name: _Madeline Berstein_________ Name: _________________________ Title: __President________________ Title: ____City Manger____________ Date Signed: ____________________ Date Signed: ____________________ By: ____________________________ By: ____________________________ Name: _Brenda James_____________ Name: _________________________ Title: __CFO_____________________ Title: __________________________ Date Signed: ____________________ Date Signed: ____________________ By: ____________________________ By: ____________________________ Name: _Denise Jakcsy_____________ Name: _________________________ Title: __Senior Director_____________ Title: _______________ ___________ Date Signed: ____________________ Date Signed: ____________________ City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.D
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: May 28, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Consideration of a 5-year agreement with Los Angeles County Animal Control for Animal Control Related Services
COUNCIL ACTION REQUIRED:

Staff Recommendation: Approve 5-year agreement with Los Angeles County Animal Care and Control for animal control related services
RECOMMENDATION AND STAFF SUMMARY:

The City of Gardena's previous 5-year agreement with Los Angeles County Animal Care and Control is set to expire on June 30, 2024. Although the City has moved away from utilizing the County for sheltering and other facility services, the City maintains a contract with the County for on-call as-needed field services. When needed, the County is able to assist with animal cruelty investigations, off-hour emergency responses, and assists our own officers during specific animal hording cases or when responding to extremely aggressive animal or dog calls.

For the past 3 years, on average, the City utilizes approximately $1,200 of services per month, or $14,400 annually.

Staff recommends that a 5-year agreement with Los Angeles County Animal Care and Control for animal control related services be approved.

FINANCIAL IMPACT/COST:

Estimated General Fund Expenditures of approximately $14,400 will be budgeted annually or $72,000 over a 5-year period.

ATTACHMENTS:

Municipal Services Agreement (2024-29) - Gardena.pdf
Attachment A - Description of Services (2024-29) FINAL.pdf Attachment B - SLR FY2024-25 South County.pdf
Attachment C - FY2023-24 Billing Rates.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager

CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

TABLE OF CONTENTS

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF GARDENA

PARAGRAPH TITLE PAGE
RECITALS 2

1.0 AGREEMENT TO PROVIDE SERVICES UNDER

STATE AND LOCAL STATUTES
2 2.0 1.0 ADMINISTRATION OF PERSONNEL 3

3.0 2.0 DEPLOYMENT OF PERSONNEL 4

4.0 3.0 PERFORMANCE OF CONTRACT 4

5.0 4.0 INDEMNIFICATION 5

6.0 5.0 TERM OF CONTRACT 6

7.0 6.0 RIGHT OF TERMINATION 6

8.0 7.0 CONTRACT SUM 6

9.0 8.0 PAYMENT PROCEDURES 7

10.09.0 NOTICES 7

11.0 10.0 AMENDMENTS 8

12.0 11.0 AUTHORIZATION WARRANTY 8

13.0 12.0 ENTIRE AGREEMENT 8

14.0 13.0 CONSTRUCTION OF AGREEMENT 9

15.0 14.0 IMPLEMENTATION OF AGREEMENT 9

16.0 15.0 COUNTERPARTS 9

Page 2 of 11 ends

CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF GARDENA
THIS MUNICIPAL ANIMAL CARE AND CONTROL AGREEMENT (“Agreement”) between the COUNTY OF LOS ANGELES (“the County”) and the CITY OF GARDENA (“the City”), together known as “the Parties,” is made and entered into July 1, 2024, or when signed by all Parties, whichever is later.

RECITALS
a. The City desires to contract with the County to perform the animal care and control functions described in this Agreement; and
b. The County is agreeable to providing such services on the terms and conditions set forth in this Agreement; and
c. Such agreements are authorized and provided for by the provisions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and sections 51300 et seq. of the Government Code of the State of California.

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the Parties mutually agree as follows:

1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL

STATUTES

1.1 The County agrees, through the County Department of Animal Care and Control (“the Department”), to provide general animal care and control services within the corporate limits of the City to the extent and in the manner stated in the Agreement and its Attachments.

1.2 Except as otherwise specifically stated in the Agreement, the services will only encompass duties and functions of the type coming within the jurisdiction of and customarily provided by the County under the Charter of the County, the Los Angeles County Code, and the statutes of the State of California. The County will provide services in accordance with the provisions of Title 10, “Animals,” of the Los Angeles County Code, and all amendments enacted to Title 10, except as otherwise agreed by the Parties in the most recently executed Service Level Request.

Page 3 of 11 ends

2.0 ADMINISTRATION OF PERSONNEL

2.1 The County will control all aspects of the services provided by the County including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.

2.2 In the event of a dispute between the Parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the City will be consulted and an agreement between the Parties attempted. Each party must employ good-faith and reasonable efforts to reach an agreement. If an agreement cannot be reached, the County will make the final and conclusive determination of the dispute.

2.3 All City employees who work with the Department under the Agreement will remain employees of the City and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the County. No City employee will become an employee of the County unless by specific additional agreement in the form of a merger contract, which must be concurrently adopted by the City and County. Except as otherwise specifically set forth in the Agreement or in the attached Service Level Request, to the extent the County provides the City with animal licensing services, neither the City employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the Department for services performed by employees of the Department. The City may distribute educational and outreach materials, reviewed and agreed upon by both the Department and the City, related to pet licensing and its benefits.

2.4 For the purposes of performing services under the Agreement, and only for the purpose of giving authority for Department staff to provide these services, every County officer and/or employee engaged in performing any service will be deemed to be a contracted officer or employee of the City while performing service for the City, provided the service is within the scope of the Agreement and is a municipal function.

2.5 The City will not assume any liability for the direct payment of salaries, wages, or other compensation to County personnel performing services under the Agreement. Except as described under Section 5.0, the City will not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment while providing services under the Agreement.

2.6 The County agrees that it is subject to the County Civil Services Rules prohibiting discrimination based on non-merit factors.

Page 4 of 11 ends

3.0 DEPLOYMENT OF PERSONNEL

3.1 The Department, in cooperation with the City, will determine how to provide the services required by the Agreement.

3.2 The City agrees to complete an Attachment B, Service Level Request (SLR) form, specifying the level of service to be provided, which will be signed and authorized by the City and the Department representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the SLR will be handled in accordance with Paragraph 2.2 of this Agreement.

3.3 The Department will issue annual notifications of any change to the billing rate as stated in Paragraph 8.2 of this Agreement. Unless the City changes other provisions within the most recently executed SLR, it is not necessary to execute a revised SLR to reflect a billing rate change.

3.4 The City may at any time request a change in the level of service by completing a revised SLR, and submitting the form to the Department. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the City and the Department representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined by the Department. The City is only required to submit a new SLR if it wishes to revise its current services or update information listed on its existing SLR. The Department reserves the right to approve or disapprove requests on the SLR in accordance with Section 3.1 of this Agreement.

Regarding updates to contact information, the City is not obligated to submit a new SLR. A simple email confirmation from the City will suffice, and the Department's Contracts and Grants Division will update the City's existing SLR and share the revised copy with the City.

3.5 The City will make its best effort to inform the Department of any modifications to its ordinance concerning animal care and control services.

This approach will enable the Department to verify that the services outlined in the City's SLR align with the municipal ordinance, thereby reducing the potential for any discrepancies.

3.6 The City is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The County reserves the right to determine, in its sole discretion, whether the Department can provide requested services not otherwise specified in this Agreement.

Page 5 of 11 ends

4.0 PERFORMANCE OF CONTRACT

4.1 In performing services under the Agreement, the County will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.

4.2 Nothing in the Agreement prohibits the City from providing, at the City’s expense, additional resources for the County to utilize in its performance of the services.

4.3 Any use of special supplies, stationery, notices, or forms, in other than standard Department format, must be approved by the Director of the Department, or his/her designee, and supplied by the City at its own cost.

4.4 If requested, the Department will use its best efforts to attend one in-person meeting with the City, up to three hours duration, per quarter at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of the Department's contract management staff's time at meetings requested by the City. Due to a lack of availability of meeting space in County facilities, the City will provide a mutually agreed upon meeting space and location, or virtual meeting link, for all in-person and/or virtual meetings or meet at the Department’s headquarters in Long Beach, California.

4.5 If requested, the Department will use its best efforts to coordinate a virtual meeting once per month at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of County representatives’ time at meetings requested by the City.

4.6 If requested, the Department will use its best efforts to send representatives to the City’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the Department is needed. The Department will only attend these meetings to the extent that resources and capacity will allow.

4.7 The Department will make available upon request, at no charge to the City, the reports listed in Attachment A, Description of Services, at the intervals indicated in that attachment. For any additional reports that are not included in Attachment A, Description of Services, or those requested at more frequent intervals, the Department will account for the hours of staff time required to produce the reports. The County will provide, at no charge to the City, up to 12 hours of staff time annually for any additional requested reports. The City will be responsible for any excess hours at the current

Page 6 of 11 ends

billing rate for staff time as listed in Attachment C, City-County Municipal Services Billing Rates.

5.0 INDEMNIFICATION

5.1 The Parties have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into the Agreement as if set out in full in the Agreement.

5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date will supersede the Joint Indemnity Agreement previously in effect between the Parties.

6.0 TERM OF CONTRACT

6.1 Unless sooner terminated as provided for in the Agreement, the Agreement will be effective July 1, 2024, or when signed by the Parties, whichever is later, and will remain in effect until June 30, 2029, unless sooner terminated or extended.

6.2 At the option of the Board of Supervisors and with the consent of the City Council, the Agreement may be renewable for successive periods not to exceed five (5) years each.

7.0 RIGHT OF TERMINATION

7.1 Either Party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party of at least sixty (60) days before the termination date.

7.2 Despite any provision to the contrary in the Agreement, the City may terminate the Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed under the Agreement.

In such an event the Agreement will terminate sixty (60) calendar days from the date of the City’s notice to the County.

7.3 The Agreement may be terminated at any time, with or without cause, by either Party upon written notice given to the other Party at least onehundred eighty (180) days before the date specified for that termination.

7.4 In the event of an unresolved dispute, either Party may terminate the Agreement by giving not less than sixty (60) days’ notice in writing to the

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other Party. A dispute is unresolved when both Parties agree that there is no resolution and no intent by either party to continue to seek a resolution.

7.5 In the event of termination, both Parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, each Party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the City will remain responsible for payment to the Department for any services provided under this Agreement prior to the termination date.

8.0 CONTRACT SUM

8.1 The City will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the County Auditor-Controller and set forth in the current Attachment C, City-County Municipal Services Billing Rates.

8.2 The rates indicated in the City-County Municipal Services Billing Rates form will be readjusted by the County annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the County.

8.3 The City will be billed based on the current service level described in the latest Attachment C, City-County Municipal Services Billing Rates form.

8.4 The cost of any additional services requested and provided under the Agreement and not set forth in Attachment C, City-County Municipal Services Billing Rates form will be determined by the Department in accordance with the policies and procedures established by the County.

9.0 PAYMENT PROCEDURES

9.1 The County, through the Department, will submit a summary invoice covering all services performed during the month to the City within twentyfive (25) calendar days after the close of each calendar month. The City will pay the County for all undisputed amounts within thirty (30) calendar days after the date of the invoice.

9.2 If payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest on the unpaid amount.

9.3 For all disputed amounts, the City will provide the County with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice.

The Parties will confirm the resolution of the dispute in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.

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9.4 Interest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.

9.5 Despite the provisions of Government Code Section 907, if payment is not delivered to the County office described on the invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date of the written resolution, the County may satisfy such indebtedness, including interest on unpaid amounts, from any funds of the City on deposit with the County, without giving further notice to the City of County’s intention to do so.

10.0 NOTICES

10.1 Each Party shall designate a Primary Contact, as identified in Attachment B, Service Level Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or inperson interactions. However, all notices or demands required, permitted, or desired to be given by one Party to the other must be in writing. Such notices or demands shall be mailed or emailed to the other Party's designated Primary Contact at the address provided in Attachment B, Service Level Request. Both Parties may update the designated addresses and contact persons by providing written notice to the other Party.

The Department accepts both physical (wet) signatures and electronic signatures for any notices or correspondence related to this Agreement.

10.2 Notices to the County of Los Angeles must be addressed as follows:

For physical notices:

County of Los Angeles Department of Animal Care and Control Contracts and Grants Division
Attn: Bradley Kim
5898 Cherry Avenue
Long Beach, CA 90805
Phone: (562) 379-9722
For electronic notices:

[email protected]

10.3 Notices to the City must be addressed to the contact person listed on the most recent SLR on file and/or the current City Official or City Manager.

11.0 AMENDMENTS

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11.1 With the exception of changes to a City’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or his/her designee, and an authorized representative of the City. The only exception to this requirement applies to updates to the City's contact information, which may be made through a simple email confirmation from the City.

12.0 AUTHORIZATION WARRANTY

12.1 The City represents and warrants that the person executing the Agreement for the City is an authorized agent who has actual authority to bind the City to each term, condition, and obligation of the Agreement and that all requirements of the City have been fulfilled to provide such actual authority.

12.2 The County represents and warrants that the person executing the Agreement for the County is an authorized agent who has actual authority to bind the County to each term, condition, and obligation of the Agreement and that all requirements of the County have been fulfilled to provide such actual authority.

13.0 ENTIRE AGREEMENT

13.1 The Agreement, including Attachment A, Description of Services, the most recent Attachment B, Service Level Request, and the latest Attachment C, City-County Municipal Services Billing Rates, along with the applicable Assumption of Liability or Joint Indemnity Agreement referenced under Section 5.0, constitute the complete and exclusive statements of the Parties, which supersede all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of the Agreement. Except as provided in Paragraphs 3.4 and 11.1, all changes or amendments to the Agreement must be in writing and mutually executed by authorized personnel on behalf of the Parties. The Director of the Department, or his/her designee, is authorized by the County to execute amendments.

14.0 CONSTRUCTION OF AGREEMENT

14.1 Each Party has participated in the drafting and preparation of the Agreement, and each Party agrees that the Agreement will not be construed against any Party on the grounds that the Party drafted the Agreement.

15.0 IMPLEMENTATION OF AGREEMENT

15.1 Each Party agrees to execute the documentation required and to take such other actions as may be reasonably necessary to accomplish the purposes of the Agreement.

16.0 COUNTERPARTS

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16.1 The Agreement may be executed in counterparts (including via facsimile or electronic copy), which will become effective only when every Party has signed and delivered a counterpart. The originals of any counterpart signature pages will be delivered to the County and retained as part of the original Agreement.

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CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF GARDENA
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors has caused the Agreement to be executed by the Director of the Department of Animal Care and Control and the City has caused the Agreement to be executed on its behalf by its authorized representative.

COUNTY OF LOS ANGELES
By_______________________________

MARCIA MAYEDA
Director
Department of Animal Care and Control
Date_______________________________

CITY OF GARDENA
By_______________________________
City of Gardena, City Manager
Date_____________________________
ATTEST:

By______________________ _________
City Clerk Date
By______________________ _________
City Attorney Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By___________________________
David Beaudet
Senior Deputy, County Counsel
Date_________________________

COUNTY OF LOS ANGELES

ATTACHMENT A

DEPARTMENT OF ANIMAL CARE AND CONTROL

DESCRIPTION OF SERVICES
I. Animal Care Services
The County of Los Angeles Department of Animal Care and Control (Department) maintains seven animal care centers that accept stray, lost, abandoned, and relinquished animals. The Department also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or lost animals are held for an initial period to give an owner the opportunity to reclaim them. Ownerrelinquished animals are held for an initial period prior to euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended in an attempt to reunite the animal with an identified owner or for other reasons.

The Department is dedicated to providing appropriate and safe housing to all animals accepted into the Department’s care. The Department is required by law to provide a safe environment with proper food, water, shelter, opportunity for exercise, and medical care for the animals it houses. Medical care may be provided by Department staff or, at the Department’s sole discretion, outsourced to a contracted veterinarian.

As requested by the City in Attachment B, Service Level Request, the Department will provide the City with either: Full Care Center Services; Animal Care for Transfer only; or No Care Center Services.

A. Full Care Center Services
All animals collected in the field within the boundaries of the City or determined to have originated from within the boundaries of the City may be housed at a County animal care center. Admitted animals will be vaccinated and provided medical care, food, water, and shelter. The Department may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.

The Department will make reasonable attempts to house animals from the City at the animal care center closest to the City. The nearest animal care center to the City will be designated as the primary animal care center. There may be circumstances in which the Department will house animals collected from the City at an alternate location.

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Full Animal Care Center services include:
• Providing food, water, shelter, enrichment, and medical care for animals in the Department’s care;
• Holding stray animals and attempting to reunite them with their owners; • Accepting unwanted animals surrendered by their owners; • Making best efforts to find new adoptive homes for domestic animals and livestock;
• Quarantine and observation of animals for rabies and other diseases at the direction of the Department of Public Health;
• Working with wildlife rehabilitators to rescue sick and injured wildlife; • Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters;
• Holding animals that are the subject of criminal investigations or other legal or administrative proceedings;
• Spay and neuter services for dogs and cats pursuant to State law; • Medical treatment and surgeries to make animals more adoptable; • Euthanizing sick, injured, dangerous, unweaned, feral, or un-adoptable animals;
• Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations; • Filing annual reports to the State of California as required by law; • Disposal of dead animals;
• Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes;
• Connecting pet owners to services to increase owner retention of pets; and • Maintaining regular hours of operation for the public.

B. Animal Care for Transfer
If the City has opted for Animal Care for Transfer services in Attachment B, the Department will provide temporary housing until the City has transported the animal(s) to another animal care facility. Services will be the same as described for Full Shelter Service above. The Department will only release animals to be transported to an animal care facility approved in advance by the Department and documented in Attachment B. The Department will only release an animal to persons capable of transferring an animal safely in a vehicle appropriate for the humane transfer of the animal. The City will be responsible for all costs of the temporary care and housing at the Department’s animal care center, as well as the subsequent costs of transportation, care, and housing at the animal care location of the City’s choice. The Department may refuse to release an animal for transport if, in the reasonable assessment of the Department, the vehicle in which the City desires the animal(s) to be transported poses an unacceptable risk of harm to the animal(s) or others, or if the animal is

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ill or injured to the extent that transportation would cause further injury or suffering.

The Department will not provide transportation from the field or from a County animal care center to any alternate animal care location, except as necessary for the needs of the County. If necessary, the Department may transport an animal(s) to an alternative animal care location of the City’s choice and the City will be responsible for the cost of such transport at the current billing rate for field service staff.

The City will be responsible for all costs for the admission, care, and housing at the Department's animal care center, as well as the subsequent costs of care and housing at any animal care facility of the City's choice. The City's designated animal care center location is listed in Attachment B, Service Level Request.

II. Field Services
The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10, “Animals,” and all future amendments, except as otherwise agreed to by the Parties in Attachment B, Service Level Request.

A request by the City for the Department to enforce Los Angeles County Code, Title 10, Chapter 37, will authorize the Department to provide an administrative hearing process to accomplish the enforcement when applicable.

In order to harmonize the terms of this Agreement with the provisions of the City’s municipal code, the City must adopt Title 10 “Animals” of the Los Angeles County Code (“Title 10”). The City may adopt or opt out of provisions of Title 10 only as agreed to by the Department. The City is encouraged, but not required to, adopt Title 10 in such a way as to incorporate all future amendments.

The Department will inform the City of any proposed changes to Title 10 with as much advance notice as practical, with the intention to provide the City with an opportunity to submit input to the Department and the County related to the proposed changes. The Department will notify the City of the passage of any change to Title 10 by the County Board of Supervisors as soon as practical. The Department will inform the City whether the City may adopt or opt out of the changes to Title 10.

Description of Field Services
The Department will provide sufficient resources and services for animal control field services. Services consist of Department personnel performing a variety of tasks utilizing appropriate equipment. These tasks include:
• Promptly responding to reports of vicious and dangerous animals that pose a threat to public safety;

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• Capturing, reuniting, and admitting stray domestic animals; • Capturing and impounding or returning domestic animals at large; • Accepting and caring for animals surrendered by their owners; • Removal of dead land animals (limited to a maximum of 150 pounds) from public and private property as set forth in Section 10.12.130 of the County Code; • Educating the public and enforcing State laws and local ordinances, including leash laws, animal cruelty laws, and the laws relating to keeping wild or exotic animals;
• Investigating cases for possible criminal prosecution, including misdemeanor and felony crimes; issuing citations; collecting evidence; preparing reports; testifying in court and other hearings;
• Investigating appropriate cases for potential administrative actions pertaining to animals; preparing appropriate documentation to pursue administrative declarations; conducting administrative hearings, consistent with state and County laws; and defending declarations that are challenged in court; • Rescuing ill, injured, or abused animals;
• Enforcing animal nuisance complaints such as excessive animal noise and other violations; issuing administrative or criminal citations as appropriate; • Assisting local law enforcement with their investigations when animals are involved, such as the service of search warrants and impounding animals as evidence or when necessary for those belonging to persons taken into custody; • Responding to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones;
• Maintain a 24-hour dispatch and communications center to receive calls for service and dispatch staff for field response as appropriate; and • Maintaining records in accordance with applicable laws and policies.

A. Standard Service Plan
The Standard Service Plan includes answering calls for service 24 hours per day, seven days per week, dispatching or assigning field staff, and performing duties in the field based on priority, location, and availability of staff. Services provided under the Standard Service Plan are similar to those services the Department provides to unincorporated communities in Los Angeles County.

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B. Limited Service Plan
The Limited Service Plan includes standard services on a part-time basis during days and hours specified in the Service Level Request. Billing rates are described in Attachment C, City-County Municipal Services Billing Rates.

III. Alternatives to Care Center Admissions
The Department's “Alternatives to Care Center Admissions” services are activities that go beyond providing housing for dogs and cats, and have the effect of keeping pets out of care centers and in homes and healthy environments. This includes staff counseling pet owners or connecting them with resources such as free pet food and supplies, medical vouchers, temporary housing, access to a medical helpline, and other critical resources all intended to help keep pets with their families. The Department also offers a variety of pet assistance programs, known collectively as the Pets Are Family (PAF) program, which is funded almost entirely through donations and grants received by the Department. A summary of the programs offered under PAF can be found on our website (https://animalcare.lacounty.gov/dacc-support-services).

As a result of these efforts, the number of dogs and cats admitted into Department animal care centers has decreased dramatically due to the Department reducing preventable pet surrenders. These programs are only available to cities that opt into Full Care Center Services and are charged at a flat per capita rate as indicated in Attachment C, CityCounty Municipal Services Billing Rates.

Managed Intake
Managed Intake (MI) is a strategy that allows agencies to manage and reduce the flow of both owned pets and homeless animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the Department’s intervention services, pet owners receive support in the form of consultation, financial resources, and referrals — both medical and behavioral — to assist them with their pet-related issues. MI has reduced the number of surrendered animals admitted to the Department’s care centers to those who have no other opportunity for rehoming. This is reducing the costs for cities that are associated with sheltering cats and dogs.

Components of Managed Intake:
• Community Engagement is key to successfully employing Managed Intake, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners.
• The Department encourages people who have found stray animals to attempt to reunite the pets with their families. The Department also encourages residents to

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allow free roaming cats to remain where they live, as these are often pets or community cats.
• To reduce the relinquishment of owned pets, the Department will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the Department, as will animals that are sick or injured.

IV. Individual Animal Licensing Services
Adult dogs four months of age and older are required by State law to have individual licenses. The City may request that the Department enforce licensing requirements in the City for dogs, cats, or other animals as described in Attachment B. The City may adopt the County’s fees for individual animal licenses or set its own fees as permitted in Attachment B.

License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a fee-per-license basis. Pet owners may opt into a one- or three-year license option for their pets. A current license will be required before an animal will be released to a resident of the City.

Fees from one- and three-year licenses collected will be credited to the City monthly in arrears.

The Department’s animal licensing services include:
• Issuing animal licenses for pets as requested by the City; • Processing license applications, payments, and information changes; • Issuing license renewal notices;
• Assessing and collecting fees, penalties, and other financial remittances; • Maintaining a database for animal licensing, records of calls for service, and actions taken; and
• Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.

V. Additional Outreach and Enforcement Services Options The City may request that the Department provide additional services as outlined below.

A. Animal License Enforcement Services
License Enforcement Services provides staff to perform individual animal license

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enforcement in designated areas within the City. This program includes:
• Issuing new licenses and renewing expired licenses;
• Issuing citations to violators of animal licensing ordinances; • Collecting license revenue, delinquency charges, and authorized fees; and • Recording licensing data in the Department's database.

B. Animal Facility Licensing
The Department's Animal Facility Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under Title 10 of the County Code. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public. Licensees are provided a letter grade based on the results of the inspection.

The Department retains facility license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections is not billed to the City. Investigations in response to complaints about activities at a licensed location are conducted by field officers based in the Department's animal care centers and are billed in accordance with Attachment C, City-County Municipal Services Billing Rates.

This program includes:
• Annual inspection of any premise used by an animal-related business or nonprofit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities;
• Issuing grades to animal facilities consistent with the requirements of Section

10.28.270 of the County Code;
• Follow-up inspections of animal facilities as necessary; • Collection of license fees to offset the cost of services; and • Documentation and maintenance of records as necessary.

C. Vaccination and Microchip Clinics
California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and microchip clinics at its animal care centers. If the City chooses additional rabies vaccination and microchip clinics, the following services are offered:

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• Providing or assisting in arranging for low-cost vaccinations and microchips; • Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
• Licensing animals vaccinated at the clinic; and
• Assisting jurisdictions in promoting these community-based clinics.

D. Spay/Neuter Trust Fund
The City may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust Fund. Participation in the Spay/Neuter Trust Fund allows the Department to offer a low-cost or free spay/neuter program for the City’s residents who wish to have their pets spayed or neutered. The Department staff will work with animal care center veterinary clinics and mobile veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them.

VI. Records
Upon reasonable notice, the Department will make available to authorized representatives of the City, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The City must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).

Upon request, the following standard reports are available from the Department on a monthly basis:

1. Dogs and/or Cats Impounded

2. Animals Returned to Owners

3. Dogs and/or Cats Abandoned

4. Special Admission Dog & Cat

5. Other Animals Impounded

6. Quarantined Dogs and/or Cats

7. Special Admission Other Animals

8. Private Veterinarian (Outside Medical Expense)

9. Dead Animal Pick Up Requests

10.Types of Calls for Service

11. Location of Admission

12. Public Hours performed at a specific Animal Care Center

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In accordance with Section 4.7 of the Services Agreement, the Department will provide up to 12 hours of staff time annually for producing special reports to the City at no cost.

Additional staff time will be charged to the City at the current reimbursement rate for applicable staff time.

ATTACHMENT B

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CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

COUNTY OF LOS ANGELES

DEPARTMENT OF ANIMAL CARE AND CONTROL
AND

THE CITY OF
FISCAL YEAR 2024-25 SERVICE LEVEL REQUEST
I. Animal Care Center Services
The level of animal care center service that the City requests and the County agrees to, is (select one of the three options below):
 Full Service
Primary animal care center:
 Animal Care Center Services for Transfer
City’s Animal Care Facility contact information:

Agency Name:

Telephone:

Address:
 No Animal Care Center Services

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II. Field Services
The level of field service that the City requests and the County agrees to, is (select one of the three options below):
 Standard Service Plan
 Limited Service Plan (check all applicable boxes below) Full County Field Services
County provides service on following
days/times (please identify):

Weekend days and holidays (please
identify days and hours):

Priority County Field Services - Priority 1 Calls Only (As Determined by Department Policy)
County provides service on following
days/times (please identify):

Weekend days and holidays (please
identify days and hours):

Standby County Field Services (Service Requests only from City Personnel; the City will screen calls from the public)
County provides service on following
days/times (please identify):

Weekend days and holidays (please
identify days and hours):

Humane Investigations – as needed Yes
No
Administrative Investigations – as
needed (LACC Title 10, Chapter 37,
Potentially Dangerous/Vicious Dogs)
Yes
No
Administrative Compliance
(Post hearing compliance checks will
be handled by DACC on City’s behalf)
Yes
No
City’s Animal Control (Field Services) contact information:

Department Name:

Telephone:

Address:
 No Field Services

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III. Individual Animal Licensing
 The City agrees to have the County provide individual animal licensing and has adopted the license fees outlined in Los Angeles County Code.  The City agrees to have the County provide individual animal licensing and has adopted the following license fees (please provide a copy of the applicable ordinance or resolution):

Altered Dog $ Altered Cat $
Unaltered Dog $ Unaltered Cat $
Senior-owned Altered Dog $ Senior age is defined as age Military Veteran w/ Disability Altered Dog $
Delinquency Charge $ Delinquency charge applies after: days Other Special License Fee $ Description/criteria:

Field Enforcement Fee* (select one)
$40.00
$0.00
*Only applicable when licensing is initiated in the field by Department employees.

Current license fees adopted by the City on _____________________, 20_____.  No Animal Licensing Services

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A. Animal Facility Inspection and Licensing (Costs included in overhead— not billed)
□ The City requests the County to license animal-related facilities (including inspection and grading services) in the City.
□ No animal facility licensing services--the City will conduct its own program. (Please provide contact information below.)
The City's animal facility program contact information:

Department Name:

Telephone:

Address:
 The City requests the County to provide or assist in arranging for vaccination clinic(s) in the City, utilizing Department personnel to also license animals during the vaccination clinic(s), at the applicable rate for staff time.  No vaccination or licensing clinic services.

C. Spay/Neuter Trust Fund
 Participate in the Spay/Neuter Trust Fund to allow residents access to low-cost spay/neuter services.
 No participation in the Spay/Neuter Trust Fund.

B. Vaccination and Microchip Clinic(s)
IV. Outreach and Enforcement Services
Please make a selection for each of the options below. For more information, you can view Attachment A, Description of Services, of your municipal services agreement or reach out to one of the contacts listed on Page 7 of this Service Level Request.

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V. Enforcement of County Code
 The City agrees to the enforcement of Title 10 with no exceptions.  The City agrees to the enforcement of Title 10 with the following pre-approved exception(s): (please mark all that apply)
 10.20.350: Mandatory Spay and Neuter. The City does not require the spay/neuter of:
o Dogs
o Cats
 10.20.185: Mandatory Microchipping. The City does not require the microchipping of:
o Dogs
o Cats
 10.20.038: Number of dogs and cats. In the City the following number of animals are allowed per household:

Dogs _____ Cats _____ Total of ______ dogs/cats
 10.20.030: Mandatory Cat Licensing. Domestic cats are subject to:
o Voluntary Cat Licensing
o No Cat Licensing
 10.28.020: Animal Facility Licensing. The County will not license/inspect animal facilities.
 10.40.060: Excessive Animal Noise Complaints. The City will conduct its own noise enforcement.

City’s Animal Noise Complaint contact information:

Department Name:

Telephone:

Address:

E-mail:

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VI. Requested Additions to Title 10 Enforcement
Please list individual municipal code sections requested to be enforced by the Department. (Please ensure your municipal code contains adequate enforcement authority.)
COUNTY
City Code
Section No. City Code Section Title Approved Not Approved

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VII. Contact Information
County Primary Contact
Name: Bradley Kim
Title: Contracts and Grants Division Liaison
Address: 5898 Cherry Avenue
Long Beach, CA 90805
Telephone: (562) 379-9722
E-mail: [email protected]
County Alternate Contact
Name: Jeffrey Martinez Flores
Title: Management Analyst
Address: 5898 Cherry Avenue
Long Beach, CA 90805
Telephone:

E-mail: [email protected]
City Primary Contact
Name:

Title:

Address:

Telephone: (____)
E-mail:

City Alternate Contact
Name:

Title:

Address:

Telephone: (____)
E-mail:

Note: A new Service Level Request submission is not needed if a city wishes only to update its contacts. For contact updates, an email notice will suffice. (562) 256-1363

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VIII. Annual/Amended Service Request Approval
For the City:
____________________________ ___________________________ ___________ Authorized City Representative Authorized Signature Date (Printed Name) (Signature)
____________________________ ___________________________ Title Telephone Number
For the County:

Marcia Mayeda _______ ____________________________ ___________ Director Authorized Signature Date
Dept. of Animal Care and Control (Signature)

ATTACHMENT C

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COUNTY OF LOS ANGELES

DEPARTMENT OF ANIMAL CARE AND CONTROL

CITY-COUNTY MUNICIPAL SERVICES

BILLING RATES
I. Billing Period
These billing rates are effective from July 1, 2023, through June 30, 2024.

II. Billing Rates
Animal Care Center Services
Alternatives to Care Center Admissions (based on human population) $0.75 per capita annually
Shelter Services:

Flat Rate for stray or relinquished dogs and cats
Daily Rate for dogs and cats of “legal hold” animals
(See Paragraph III.D “Billing for ‘legal hold’ animals”) $515.34 per impound
$515.34 per impound
and $73.62 per day
for days over 7
Animal License Field Enforcement per hour $106.20 per hour Dog/Cat License Processing per license $5.37 per license Field Services per hour for Full Field Service Cities $151.71 per hour Field Services for Limited Field Service Cities:

Basic rate during regular hours with 2-week notice
Rate for nights/weekends (Monday-Friday 7pm-7am,
Saturday, Sunday, and County Holidays)
$227.57 per hour
$227.57 per hour,
minimum callout
charge of 4 hours
Additional Administrative Services
Attendance at meetings in excess of contract allowance $291.72 per hour Production of reports in excess of contract allowance $134.72 per hour Liability Trust Fund
Liability Trust Fund 4.5 % of hourly rate*
*Percentage is based on, and in addition to, the hourly rate for hours actually billed for Field Services and animal license Field Enforcement.

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III. Billing Methodology for Care Center Services
The City is financially responsible for the care of animals impounded within the City's jurisdiction. If an animal is claimed by its owner, the redemption fees collected from the owner will be credited to the City up to the maximum amount billed to the City for that animal. The County assumes responsibility for the physical care and disposition of all animals coming into the Department’s possession or custody.

A. Cost Allocation for Care Center Services
During the billing period, the costs of providing Care Center Services are allocated as follows:

1. Per dog and cat impounded:
a. A flat dog/cat impoundment rate is established annually based upon the costs of housing animals. The flat rate is billed for all dogs/cats housed, regardless of the actual length of stay, except as outlined in paragraph D below. During the billing period, the cost of care for dogs/cats in excess of capped days are subsidized, except as outlined in paragraph D below. b. For dogs and cats impounded in circumstances described in paragraph D below, that are held beyond the length of stay captured in the flat rate, a daily impoundment rate is established annually based upon the costs of the time allocated to the impoundment, care (including medical care), and feeding of those animals. In addition to the flat rate charged for dogs/cats, the City will be billed at the daily rate for all days those animals are housed by the Department. Animals that are held in “legal hold” will not be subsidized.

2. Per capita fee based on the human population of the City a. A per capita public service rate is established annually based upon time allocated to Public Service including: interaction, intervention, and outreach activities that are not directly related to the impoundment, care, and feeding of animals is allocated to the City on a per capita basis.

This allocation methodology applies costs for services as they relate to animal impounds and for services that do not relate directly to the impoundment, care, and feeding of animals. The ratio for allocation is based on staff time allocated to these activities.

Page 3 of 5 ends

B. Medical Costs
Medical costs (excluding spay/neuter surgeries) provided by the Department’s medical staff are included in the overhead to establish the cost-recovery rate for boarding, and are not billed separately or in addition to that rate. The Department reserves the right to send any animal to a private veterinary facility for examination, treatment, and/or hospitalization as the Department deems necessary in its sole and absolute discretion. All expenses incurred by the Department for outside medical services, for animals from the City, will be billed to the City.

C. Cost Offsets
The City will receive a credit from the County for all applicable redemption fees collected from or on behalf of the owner of an animal that is claimed from the custody of the Department, up to the maximum amount billed to the City for that animal. The Department reserves the right to waive fees when appropriate in the Department's sole and absolute discretion.

The City will not receive any credit for adoption fees (whether paid by an individual or an organization).

D. Billing for “Legal Hold” and Other Shelter Services:

Dogs and cats that are housed for a “legal hold” and other shelter services are billed at the flat impound rate until the stay exceeds the length of stay captured in the flat rate at which time a daily rate will be charged for the remainder of the time the animal is housed by the Department (from intake to disposition). Legal hold animals are held in accordance with applicable statutory guidelines, and/or at the sole and absolute discretion of the Department based on pending or anticipated criminal, civil, or administrative action.

Page 4 of 5 ends

“Legal Hold” and Other Shelter Type Descriptions
Total
Number of
Days Billed
Quarantine
Observation
Animals
Per applicable state law, any animal of a species
susceptible to rabies that bites a person and breaks
the skin is required to be quarantined for 10 to 30
days (depending on the species). Animals
susceptible to rabies that have contact with a wild
(potentially rabid) animal must be quarantined for 30
days or six months (depending on the species and
vaccination status).

Animals in the custody of the Department that are
reported to have either bitten or been exposed to a
potentially rabid animal, will be placed in
quarantine/isolation and observed for symptoms of
rabies for the required period.

Additionally, although rare, the Department of Public
Health has the authority to quarantine animals for
other specified diseases. Any quarantine for a
disease other than rabies will be specified by
disease.

Unlimited
days
Special
Intake:

Animals that are seized pursuant to a search
warrant, Penal Code Sections 597.1 or 599aa, or as
evidence in a criminal investigation may be held up
to the time of disposition of the criminal matter.

Animals subject to the jurisdiction of the Coroner’s
Office may be held until released by that Office.

Animals in the custody of the Department that are the
subject of anticipated or pending civil litigation or
administrative regulation may be held through the
pendency of that action, and any appeal stemming
from that action.

Unlimited
days

Page 5 of 5 ends

Return to
Owner
Animals:

Any animal with traceable identification that is
brought to the Animal Care Center, whether by the
Department staff or the public, will be held for ten (10) calendar days for the owner to reclaim it. The owner
or person entitled to the custody of any animal
impounded can redeem such animal by paying
impound, boarding, and private veterinary fees
accruing up to the time of such redemption.
10 days
Abandoned
Animals:

Animals that are found to be abandoned in a private
property will be held at the Animal Care Center at
least fifteen (15) calendar days to determine whether
the owner had an agreement with someone to care
for the animal in their absence.
15 days
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 14.A
Section: DEPARTMENTAL

ITEMS - ELECTED & CITY

MANAGER'S OFFICES
Meeting Date: May 28, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Approve City Related Towing Services Contract Extension with RSD Tow, Inc., DBA U.S. Tow-Gardena for the period July 1, 2024 through June 30, 2027 COUNCIL ACTION REQUIRED:

Staff Recommendation: Approve Contract
RECOMMENDATION AND STAFF SUMMARY:

Staff has received a request from RSD Tow, Inc., DBA U.S. Tow-Gardena, for consideration of a contract extension, and rate increases pursuant to the terms of the Franchise Agreement.

The current Agreement provides upon satisfactory completion of the contract, the City Council, at its discretion, may extend the contract for up to three (3) additional years through June 30, 2027. During the term of the current contract, U.S. Tow-Gardena has provided satisfactory services.

The current rates have been in effect since July 1, 2019, and request to increase rates will be effective July 1, 2024, which will align current rates with the changes in the consumer price index from 2019 to 2024. In addition, two annual rate increases starting July 1, 2025, are being requested for approval to keep rates inline with the consumer price index, these annual increases are capped at a maximum of three percent (3%) per year, subject to the increases in the consumer price index for All Urban Consumers ("CPI-U") Pacific area.

Staff has reviewed the petition and is hereby, recommending that the City Council approve extending the current contract for the period of July 1, 2024 through June 30, 2027, increase the rates effective July 1, 2024, and allow for two future annual rate increases starting in July 1, 2025 subject to the Consumer Price Index for All Urban Consumers ("CPI-U") Pacific area with a maximum increase amount of three percent (3%) per year.

FINANCIAL IMPACT/COST:

Estimated General Fund Revenue
FY 2024/25 - $250,555
FY 2025/26 - $252,614
FY 2026/27 - $254,734
Estimated GTrans Expenditure
FY 2024/25 - $8,000
FY 2025/26 - $8,000
FY 2026/27 - $8,000
ATTACHMENTS:

First Amendment to Agreement with RSD Tow.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
1 CITY OF GARDENA

FIRST AMENDMENT TO EXCLUSIVE AGREEMENT BETWEEN THE CITY OF GARDENA AND RSD TOW, INC.

FOR CITY RELATED TOWING SERVICES AND SETTING FORTH TERMS AND

CONDITIONS RELATING TO THE GRANT OF THE FRANCHISE
This First Amendment to Exclusive Agreement is entered into this 28th day of May, 2024, at Gardena, California, by the City of Gardena, a municipal corporation of the State of California (“City”), and RSD Tow, Inc., DBA U.S. Tow-Gardena (“Franchisee”), a corporation, for City related towing services.

RECITALS:

A. WHEREAS, the City and Franchisee entered into an Exclusive Agreement dated April 23, 2019, (“Exclusive Agreement”), pursuant to which Franchisee has provided City related towing services; and
B. WHEREAS, City and Franchisee desire to amend the existing Exclusive Agreement as provided herein.

AGREEMENT:

NOW, THEREFORE, the parties hereby agree as follows:

1. The contract duration will be extended from July 1, 2024 to June 30, 2027;

2. The following Towing and Services Fees schedule and Storage Charge schedule shall be effective beginning July 1, 2024 with Consumer Price Index for all Urban Consumers (“CPI-U”) Pacific area annual adjustments. Annual CPI-U Pacific area increases shall not exceed three percent (3%) and shall be effective July 1, 2025 and annually thereafter;
Towing and Service Fee Current Rate Proposed Rate
(effective July 1, 2024)

PASSENGER
VEHICLES:

City ordered tow charges
for passenger type
vehicles, trailers and
pick-up trucks up to and
including 1-ton capacity
or motorcycles
$160.00 $190.00
TRUCKS or TRAILERS:

City ordered tow charges
$235.00 $280.00
DocuSign Envelope ID: F4ED57E7-4E8A-4626-8CD5-A1BAEC344C52 2 Towing and Service Fee Current Rate Proposed Rate
(effective July 1, 2024)
for trucks or trailers from
1 to 3-ton capacity
LARGE TRUCKS or
TRAILERS:

City ordered tow charges
for trucks or trailers
exceeding 3-ton capacity
$280.00 $335.00

ADDITIONAL
CHARGES:

Hourly labor charge for
service calls, such as:
jump start, gas, lock-out,
removal of major
components or parts.

Nothing herein
authorizes a labor charge
for towing a vehicle out of
the towing yard.
$160.00 $190.00

AUXILIARY
EQUIPMENT:

Hourly charge for use of a
dolly, flat bed truck,
airbags, tow charge
converter gear, additional
trailers, etc., as
necessary or requested.
$30.00/HR
3 HR MIN.
$36.00/HR
3 HR MIN.

NON-BUSINESS
HOURS RELEASE:

Regular business hours
for release shall be
8:00 a.m. to 6:00 p.m.,
Monday through Friday,
8:00 a.m. to 5:00 p.m.,
Saturdays, and
9:00 a.m. to 1:00 p.m. on
Sundays, except legal
holidays. Nothing herein
shall limit the hours in
which other towing
operations may take
place.
½ tow fee ½ tow fee
CITY OWNED; HEAVY

DUTY TOW (FLAT FEE)
$60.00 $70.00
DocuSign Envelope ID: F4ED57E7-4E8A-4626-8CD5-A1BAEC344C52 3 Towing and Service Fee Current Rate Proposed Rate
(effective July 1, 2024)
CITY OWNED; OVER 15

MILES FROM CITY

HALL (COST PER MILE)
$1.00 per mile $1.20 per mile
Storage Charge
(Daily Rate)
Current Rate Proposed Rate
(effective July 1, 2024)
Motorcycle $25.00 $30.00
Passenger-type car, van,
and truck trailer under 1
ton
$55.00 $65.00
Truck or van, 1 ton to 3
tons
$65.00 $77.00
Truck, over 3 tons $65.00 $77.00
Major component/part $65.00 $77.00
Inside Vehicle Storage, ¾
ton and under
$70.00 $83.00

3. Except as expressly amended hereby, the Exclusive Agreement remains in full force and effect as originally executed. All rights and obligations of the parties under the Exclusive Agreement that are not expressly amended by this Amendment shall remain unchanged.

DocuSign Envelope ID: F4ED57E7-4E8A-4626-8CD5-A1BAEC344C52 DocuSign Envelope ID: F4ED57E7-4E8A-4626-8CD5-A1BAEC344C52 City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 16.A
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: May 28, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Award Construction Contract for the Rosecrans Community Center Project, Chase Building Demolition Phase, JN 505, to Integrated Demolition and Remediation, inc., in the amount of $338,000, Approve the Project Plans & Specifications, 30% Demolition Contingency and Declare California Environmental Quality Act (CEQA) Exemption.

COUNCIL ACTION REQUIRED:

Staff Recommendations:
• Award Construction Contract
• Approve Project Plans and Specifications
• Approve Construction Contingency
• Declare California Environmental Quality Act (CEQA)
RECOMMENDATION AND STAFF SUMMARY:

The Rosecrans Community Center Project is currently in the conceptual planning phase, as part of the City’s Vacant and Underutilized Lot Inventory study. This study will define the program and scope of the project. Following this, the design and construction document phases will commence, which are likely to take a few more years to complete.

Meanwhile, the dilapidated existing building and the site have been exposed to ongoing trespassing by homeless individuals, creating nuisances and fire hazards. Thus, it is in the city's best interest to demolish the existing building now and eliminate these safety concerns.

The demolition phase marks the first phase of the Rosecrans Community Center Project. This phase includes the demolition, removal, and disposal of the existing building, soil grading, removal of hazardous materials, and all other site hardscapes as specified in the plans and specifications.

The following four (4) bids were received on May 13, 2024:

1. Integrated Demolition and Remediation, Inc., Anaheim CA $338,000

2. Resource Environmental, Inc., Cerritos CA$363,000

3. Vertex Civil LLC, Anaheim CA $475,450.64

4. American Wrecking, Inc., South El Monte CA $501,207.56 The lowest responsible bidder, Integrated Demolition and Remediation, Inc., is a state licensed contractor with verified successful construction experience in the field. They will be required to meet all Community Development Block Grant (CDBG) provisions, bonding, and financial standards. The bid documents have been reviewed by staff and are considered acceptable. The tentative construction start date is early July 2024 with anticipated completion within a month.

Staff respectfully recommends that the City Council award the construction contract for the Rosecrans Community Center Project – Chase Building Demolition Phase, JN 505, to Integrated Demolition and Remediation, Inc., in the amount of $338,000 and additionally:
a. Approve the project plans and specifications.
b. Approve the 30% Demolition Contingency.
c. Declare this project to be categorically exempt under CEQA Section 15308, Class 8, as actions by regulatory agencies for the protection of the environment.

FINANCIAL IMPACT/COST:

Source of Funds:

Federal Earmarks $1,000,000
CDBG $650,000
Total $1,650,000
Estimated Expenditures:

Demo Plans & Specs by BOA Architecture
and
Soil Testing and Grading Certifications
$46,800
Construction Management & Inspection by
Griffin Structures and Job Cost
$45,050
Construction Contract Award $338,000
30% Project Contingency $101,400
Total $531,250
ATTACHMENTS:

JN 505 Rosecrans CC_Chase Bldg Demo Phase_Complete Specs.pdf JN 505 Rosecrans CC_Chase Bldg Demo Phase Plans.pdf
JN 505_Project Location Map.pdf
JN 505 RCC_Chase Bldg Demo Phase_CEQA NOE.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager

CITY OF GARDENA

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
ROSECRANS COMMUNITY CENTER –

CHASE BUILDING DEMOLITION PHASE
PROJECT NO. JN 505
APRIL 2024

CITY OF GARDENA

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

ROSECRANS COMMUNITY CENTER -

CHASE BUILDING DEMOLITION PHASE
PROJECT NO. JN 505
Plans & Specifications prepared by:

Memoranda:

Plans and specifications are available at Planwell Administrator, 562.436.9761 or https://www.earc.com/location/costa-mesa/ (Go to Planrooms/Order From Planwell/Public Planroom and select City of Gardena under pulldown menu)
Bid Results: https://www.cityofgardena.org/public-contracts/ City of Gardena Public Works Engineering Division: 310.217.9568

CITY OF GARDENA

NOTICE INVITING BIDS
for
ROSECRANS COMMUNITY CENTER –

CHASE BUILDING DEMOLITION PHASE
PROJECT NO. 505
Plans and Specifications are available through ARC Document Solutions. Please be advised that there is an additional charge for delivery. Upon payment of the purchase price, they become the property of the purchaser and may not be returned for refund.

You may access the plans through the following website under Public Planroom:
https://www.e-arc.com/location/costa-mesa/
(Scroll down to “Planrooms”/”Order From PlanWell”/”Public Planroom” and select City of Gardena under the “in all company” pulldown menu)
or
https://customer.e-arc.com/arcEOC/Secures/PWELL_PrivateList.aspx?PrjType=pub For help accessing and ordering, please contact a Planwell Administrator at 562.436.9761.

Notice is hereby given that the City of Gardena will receive sealed bids at the office of the City Clerk, City Hall, 1700 W. 162nd Street, Gardena, California, until 2:00 p.m. on May 13, 2024, and shortly thereafter on this same day, they will be publicly opened and read in the City Clerk’s Office in-person and via ZOOM.

The information to join the bid opening via ZOOM is the following:

Topic: Bid Opening
Time: 2:00 PM on May 13, 2024 (Shortly thereafter the deadline) Join ZOOM Meeting
https://us02web.zoom.us/j/84964473331
Meeting ID: 849 6447 3331
Dial by phone: +1 669 444 9171 US
Should you have any questions or concern in delivering a bid or joining the ZOOM Meeting, please contact City Clerk’s office at (310) 217-9565 or via email at [email protected].

All bids must be in writing, must be sealed, and must be plainly marked on the outside: "BID ON PROJECT NO. 505. Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned unopened to the bidder.

Bids are required for the entire work as described below:

Contractor shall provide all labor, materials, equipment, and incidentals as specified and required for demolition, removal, rough grading, and disposal of the existing building (vacant Chase Bank); and all other site hardscapes as specified per plans and specs. Demolition includes structure concrete, foundations, walls, doors, windows, structural steel, metals, roofs, masonry, attachments, appurtenances, piping, electrical and mechanical equipment, curbs, walks, bollards, light poles, landscape/irrigation, trees, monumental signage, parking tire stops, stairs, fences and including all incidental work.

ENGINEER’S ESTIMATE: $481,000
A non-mandatory pre-bid job walk will be held at 11:00 a.m. on April 29, 2024, at the project site, 2501 Rosecrans Avenue, Gardena, CA 90249.

A non-mandatory pre-bid meeting will be held at 9:00 a.m. to 10:00 a.m. on April 29, 2024, at the City Council Chambers at Gardena City Hall (1700 West 162nd Street). The pre-bid meeting will include a networking component to encourage teaming and partnering between primes and Small Businesses as well as providing Small Businesses access to the City of Gardena’s key procurement individuals. This networking component will provide Small Businesses valuable access and opportunity needed to promote their capabilities and strengthen competitiveness, marketability and participation of Small Businesses firms within the City of Gardena’s contracting program.

The deadline for Request of Information (RFI) is May 6, 2024, at 12 p.m.

The time of completion of contract shall be [20] working days as defined in the latest Standard Specifications for Public Works (“Greenbook”). Liquidated Damages, as defined in Section 6-9, shall be $1,000 per each consecutive calendar day, or the true cost of damages to the City of Gardena due to lost revenue or additional expenses, whichever is greater.

The City intends to issue a Notice to Proceed on or before May 12, 2024. Below is the project tentative schedule for your reference, however they are subject to change:

May 28, 2024 City Council award of Contract to Lowest Responsible Bidder May 29, 2024 Bid Acceptance Letter and Contract Document to Contractor June 12, 2024 Contractor to Execute and Return Contract Documents to the City within 14 calendars
Week of June 17, 2024 Preconstruction Meeting
Early July Notice to Proceed/Start Construction

Each bidder must submit a proposal to the City, c/o City Clerk in accordance with the Plans and Specifications. Said proposal is to be accompanied by a cash deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Gardena, in an amount not less than 10 percent of the total bid submitted.

The envelope enclosing the proposal shall be sealed and addressed to the City of Gardena c/o City Clerk, and delivered or mailed to the City at 1700 W. 162nd Street, Gardena, California 90247-3778. The envelope shall be plainly marked in the upper left-hand corner as follows:

ATTENTION: CITY, c/o CITY CLERK
(Bidder's Name and Address)

(Number and title of this project) ________________________ The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney.

The contractor shall have an active Class C21 & C22 licenses from the Contractor’s State License Board at the time of submitting bid. Lead and asbestos abatement work shall be done by a contractor having the appropriate legal license and certifications.

Pursuant to Public Contract Code Section 22300, the Contractor may, at Contractor’s sole cost and expense, substitute securities equivalent to any monies withheld by the City to insured performance under the contract unless applicable federal regulations or policies do not allow such substitution. Such security shall be deposited with the City, or a state or federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. The Contractor shall be the beneficial owner of any security substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City Attorney.

The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsive responsible bidder.

Bidders are advised that this Project is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. Accordingly, the bidder awarded the Contract and all subcontractors shall be required to pay not less than the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations, and otherwise comply with the provisions of Section 1770 et seq. of the California Labor Code, California Code of Regulations, Title 8, Section 16000 et seq., and any other applicable laws, rules and regulations adopted with respect thereto (“California Prevailing Wage Laws”).

Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any Subcontractor under it.

Contractor and any Subcontractor under if shall comply with the requirements of said sections in the employment of apprentices.

The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) in a format prescribed by the Labor Commissioner no less than monthly.

As of January 1, 2016, the requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing.

Additionally, the contractor shall submit the certified payroll records to the City as well.

Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the Labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR-approved labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.

These requirements will apply to all public works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding source.

The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm).

This project is funded by the U.S. Department of Housing and Urban Development; therefore, it is also subject to the Federal Wage Decision, and the contractor shall use the higher of the two wage determinations between the state and federal.

Skilled and Trained Workforce: This project is subject to Skilled and Trained Workforce Requirements per Sections 2600 through 2603 of the Public Contract Code.

Award of Contract: The following are conditions to the award of the contract:

I. Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract was awarded):
and
II. No contractor or subcontractor may be awarded this contract unless the contractor and each subcontractor listed on the bid is registered with the Department of Industrial Relations pursuant to Section 17265.5.

This project is funded by the U.S. Department of Housing and Urban Development (HUD); therefore, contractor shall additionally adhere to all its federal provisions, Exhibits 1 through 17, in the specifications.

Any questions regarding this bid package may be referred to Kevin Kwak, Public Works Engineering Division at 310.217.9643 ([email protected]).

ROSECRANS COMMUNITY CENTER PROJECT (JN 505) - DEMOLITION PHASE

T A B L E O F C O N T E N T S
ROSECRANS COMMUNITY CENTER –
CHASE BUILDING DEMOLITION PHASE, JN 505

DESCRIPTION PAGE DESCRIPTION PAGE
Title Page ....................................................................

Notice Inviting Bids ......................................................

Location Map...............................................................

Table of Contents ........................................................ i Instructions to Bidders ................................................. ii-iv BID PROPOSAL (To Be Submitted with Proposal)
Bid Schedule ............................................................... BP-2 Acknowledgement of Addenda Received..................... BP-5 Bidder’s Declaration..................................................... BP-6 Non-collision Affidavit .................................................. BP-8 Declaration of Eligibility to Contract.............................. BP-9 Bid Bond...................................................................... BP-10 Designation of Subcontractors..................................... BP-11 Construction Project Reference ................................... BP-12 Certificate of Non-Discrimination by Contractors.......... BP-13 Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion –
Primary Covered Transition .................................... BP-14

ADDITIONAL BID PROPOSAL DOCUMENT & CONTRACT
PROVISIONS OF THE U.S. DEPARTMENT OF H.U.D.

Exhibits 1-17.............................................................. HUD-1 CONTRACT DOCUMENTS (To Be Submitted after Award)
Agreement................................................................... CD-2 Faithful Performance Bond .......................................... CD-4 Payment Bond ............................................................. CD-6 Workers’ Compensation Insurance Certificate.............. CD-8 Indemnification and Hold Harmless Agreement
Of Subrogation and Contribution .............................. CD-9 Insurance..................................................................... CD-10

GENERAL PROVISIONS
PART 1 – GENERAL PROVISIONS............................. GP-1 Section 1 – General................................................. GP-1 Section 2 – Scope of the Work ................................ GP-4 Section 3 – Control of the Work............................... GP-7 Section 4 – Control of Material ................................ GP-9 Section 5 – Legal Relations and Responsibilities..... GP-10 Section 6 – Prosecution and Progress of the Work.. GP-11 Section 7 – Measurement and Payment.................. GP-14 Section 8 – Facilities for Agency Personnel............. GP-14

TECHNICAL PROVISIONS (CSI)
SEE SEPARATE TABLE OF CONTENTS –
SECTION 000102 ........................................................ TP-1

APPENDIX
APPENDIX A: As-Built/Survey Drawing
APPENDIX B: Asbestos & Lead Survey Report
APPENDIX C: Report of Geotechnical Investigation
APPENDIX D: Project Notification Area Map

INSTRUCTIONS TO BIDDERS

FORM OF PROPOSAL
The Proposal shall be fully executed and submitted on the forms in the project specifications and shall be enclosed in a sealed envelope marked and addressed as directed in the Notice Inviting Bids.

PRPOSAL / BID DOCUMENTS
All Proposals shall include the following executed documents to be submitted with each bid:

Bidding Schedule
Acknowledgement of Addenda Received
Bidder's Declaration
Non-Collusion Affidavit
Declaration of Eligibility of Contract
Bid Bond
Designation of Subcontractors
Construction Project Reference
Certificate of Non-Discrimination by Contractors
Certification of Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Primary Covered Transitions
U.S. Department of Housing and Urban Development
• Exhibit 1 through 17

DELIVERY OF PROPOSAL
The Proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that its Proposal is received as stipulated. Any Proposal received after the scheduled closing time for receipt of proposals will be returned to the bidder unopened.

WITHDRAWAL OF PROPOSAL
The Proposal may be withdrawn by the bidder by means of a written request, signed by the bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of proposals prior to the scheduled closing ii
time for receipt of proposals. No Proposal may be withdrawn after the hour fixed for opening bids.

MODIFICATIONS AND ALTERNATIVE PROPOSALS
Unauthorized conditions, limitations, or provisions attached to the Proposal will render it informal and may be grounds for its rejection as non-responsive. The completed Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. Oral, telegraphic, or telephonic proposals or modifications will not be considered.

DISCREPANCIES IN PROPOSALS
In the event there is more than one bid item in a Bidding Schedule, the bidder shall furnish a price for all bid items in the Schedule, and failure to do so will render the Proposal informal and may be grounds for its rejection as non-responsive. The bidder shall state in words and figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies, or machinery, and completely perform the Contract. The total amount of each item bid and the total amount of the bid shall be stated in words and figures.

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount named by a bidder for any items are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform thereto.

PROPOSAL GUARANTEE – BIDDER’S SECURITY
Each bidder shall submit with his Proposal cash, an unconditional certified or cashier's check, or a bidder's bond, in the sum of the percentage of the bid stated in the Notice Inviting Bids, payable to the City as a guarantee that the bidder will, if its Proposal is accepted, execute the Contract and furnish a satisfactory Faithful Performance Bond, a satisfactory Payment Bond and insurance certificates as specified herein.

If a bidder to whom an award is made, fails or refuses to sign the Contract or furnish the required bonds and certificates, all within the time stated in Section 2-1.5 of the Special Provisions herein, the funds represented by said cash, check or bidder's bond shall be forfeited and become and remain the property of the City; the amount thereof being agreed to by the bidder and the surety as a bid bond forfeiture due to the City because of the delay in the execution of the Contract and in the performance of work thereunder, resulting from such failure or refusal, except that if the City awards the contract to the next lowest responsive responsible bidder, only that portion of the bidder's security equal to the difference between the two bids will be forfeited.

A Bid Bond must be obtained from a corporate surety authorized to do business as such in the State of California as an “admitted surety insurer” and shall be on the form furnished by the City or one substantially in conformance with it. Certified or cashier's checks must be drawn on a solvent state or nationally chartered bank or branch thereof in the State of California. The liability of the City in connection with the checks shall be limited to the return of the checks (without interest) as provided in Section 2-1.6 of the Special Provisions bound herein.

DISQUALIFICATION OF BIDDERS
iii
A person, firm, or corporation shall NOT be allowed to make or file, or to be interested in, more than one bid, except an alternative bid when specifically requested; provided, however, a person, firm, or corporation who has submitted a sub-proposal to a bidder submitting a Proposal, or who has quoted prices on materials to such bidders, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals, or from submitting a Proposal as a prime contractor. Similarly, failure to comply with the registration requirements of Labor Code Section 1725.5, as further described in the Notice Inviting Bids, will disqualify a bidder.

ADDITIONAL REQUIREMENTS
The bidder's attention is directed to the Special Provisions and Technical Provisions bound herein for additional requirements of the Proposal and Contract Documents.

CONTRACT DOCUMENTS
Contract Documents are to be submitted within twenty-one (21) calendar days AFTER award of contract unless extended by agreement of the City. Failure to timely submit executed Contract Documents may be grounds for rejecting the bid award and forfeiture of the bid security. See enclosed documents commencing on page CD-1.

TO BE SUBMITTED WITH PROPOSAL
BP-1

BID PROPOSAL (BP)
ROSECRANS COMMUNITY CENTER –

CHASE BUILDING DEMOLITION PHASE
PROJECT NO. JN 505
Contractor:

Address:

Phone:

Fax:

License No.:

D.I.R. No.

Email:

To Be Submitted
WITH
Bid Package

TO BE SUBMITTED WITH PROPOSAL
BP-2

BID PROPOSAL
PROJECT NO. JN 505_

BID SCHEDULE
The undersigned, having examined the proposed Contract Documents titled:

ROSECRANS COMMUNITY CENTER –

CHASE BUILDING DEMOLITION PHASE
and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said proposed Contract Documents and itemized bid schedule below. All work shall be completed within twenty (20) Working Days from the date the Notice of Proceed is issued by the Engineer.

Item
No. Item Description Unit Approx. Quantity
Unit Price
in Figures Item Total
1 Mobilization, Insurance and Bonds
(Maximum 5%)
L.S. 1 $ $
2 Site Demolition L.S. 1 $ $
3 Building Demolition L.S. 1 $ $
4 Asbestos and Lead Abatement L.S. 1 $ $
5 Earthwork / Grading with Import Fill L.S. 1 $ $
6 NPDES Compliance and
Erosion Control
L.S. 1 $ $
7 Abandon Utilities L.S. 1 $ $

BASE BID TOTAL
$
TOTAL BASE BID PRICE:
(Figures) $
(Words) ______
* In case of error in extension of price into the total price column, the unit price will govern.

All work required and shown on the construction plans and this specification for which no price or item is listed on this proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance

TO BE SUBMITTED WITH PROPOSAL
BP-3
or direct payment of any kind. Payment for performing such work or furnishing such equipment, labor, tools and materials shall be included in the above lump sum or unit bid prices and no additional compensation will paid therefor.

If the City determines that any of the unit bid prices are significantly unbalanced to the potential detriment of the City, the bid will be replaced as non-responsive.

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder’s intention and all totals will be corrected to conform thereto.

Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of _______________________________________________________________________Dollar s, said amount being not less than 10 percent of the amount bid. Pursuant to Public Contract Code Sections 20172 and 20174, it is agreed a portion equal to the difference between the low bid and second low bid shall be retained as a bid bond forfeiture by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Name of Bidder

Signature of Bidder

TO BE SUBMITTED WITH PROPOSAL
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BID PROPSOAL
PROJECT NO. JN 505_

ACKNOWLEDGEMENT OF ADDENDA RECEIVED
The Bidder shall acknowledge the receipt of addenda by number and date each addendum received.

Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addenda will be issued only through the ARC Document Solutions and access under their Public Planroom (https://www.e-arc.com/location/costa-mesa/). It is the Bidder’s sole responsibility to visit the Planroom to obtain and administer any Addendum related to this bid.

An Addendum must be acknowledged above by a bidder in its submitted form of Proposal.

If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. ____________________________________ _____________________________ Bidder’s Signature Date

TO BE SUBMITTED WITH PROPOSAL
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BID PROPOSAL
PROJECT NO. JN 505_

BIDDER'S DECLARATION
It is understood and agreed that:

1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions.

2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof.

3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal.

4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.

The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.

The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule.

5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding. The undersigned has not in any manner sought by collusion to secure for himself any advantage over any other bidder.

6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the City after evaluation of the bids as submitted. The undersigned agrees that the City shall recover or retain as a bid bond forfeiture an amount equal to the difference between the low bid and amount of the bid of the bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest bidder in accordance with the provisions of the Public Contract Code Sections 20172 and 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.

TO BE SUBMITTED WITH PROPOSAL
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BIDDER'S DECLARATION (Continued)

7. The undersigned bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.

Respectfully submitted,
_______________________________ ______________________________________ Contractor's Business Name Contractor (Print)Title
________________________________ ______________________________________ Business Address: Street Signature Title
________________________________ ______________________________________ City State Zip Contractor's License No. and Classification ________________________________ ______________________________________ Business Phone Number Business Fax Number
Date
________________________________ ______________________________________ Name Title Residence: Street
________________________________ ______________________________________ City State Zip Residence Phone Number
Note: If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given: if it is made by a firm, it must be signed in the copartnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each partner (general and/or limited) must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed.

TO BE SUBMITTED WITH PROPOSAL
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BID PROPOSAL
PROJECT NO. JN 505_

NON-COLLUSION AFFIDAVIT
(To be executed by Bidder and submitted with Bid)
State of California
County of Los Angeles
being first duly sworn, deposes and
says that he or she is of
the party making the foregoing bid, that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, or agent thereof to effectuate a collusive or sham bid.

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP

ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate jurats)

TO BE SUBMITTED WITH PROPOSAL
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BID PROPOSAL
PROJECT NO. JN 505_

DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that:

1. The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.

2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.

3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states:
“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.” “(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.”

4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and has determined that none of them are ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ______ day of _________, 20 _, at ________________ ________ (place of execution),
California__________.

Signature: ____________________________ Name: _________________________________ Title: ________________________________ Company: ______________________________

TO BE SUBMITTED WITH PROPOSAL
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BID PROPOSAL
PROJECT NO. JN 505_

BID BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT , as Principal,
and , as Surety,
are held firmly bound unto the City of Gardena in the sum of $ ;

DOLLARS,
(not less than ten percent of total amount of bid)
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a bid to the City to perform all work required under the following:

PROJECT: ROSECRANS COMMUNITY CENTER –

CHASE BUILDING DEMOLITION PHASE
NOW, THEREFORE, if said Principal is awarded a Contract by the City and, within the time and in the manner required in the Specifications for said project, enters into the written form of Contract bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys’ fee to be fixed by the court. Surety hereby waives the provisions of California Civil Code §2845.

SIGNED AND SEALED, this day of , 20 .
(SEAL) (SEAL)
Principal Surety
BY: BY:

Signature Signature
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney–in-fact must be attached.

TO BE SUBMITTED WITH PROPOSAL
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BID PROPOSAL
PROJECT NO. JN 505_

DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100- 4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the City.

Portion
of Work
% Subcontractor's Name & Address
Type of
Work
State
License
Number Class
D.I.R.

Number

Not more than _____%.

TO BE SUBMITTED WITH PROPOSAL
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BID PROPOSAL
PROJECT NO. JN 505_

CONSTRUCTION PROJECT REFERENCE
In order to more fully evaluate your background and experience for the project herein proposed, please submit a list of Public Works and/or similar construction projects completed or in progress within the last three (3) years. Failure to provide this information may constitute grounds for rejection of your bid as non-responsive.

Number of years as a contractor in construction work of this type:

Three projects of this type recently completed:

1. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $

2. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $

3. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $
NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition.

Bidder's Signature

TO BE SUBMITTED WITH PROPOSAL
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BID PROPOSAL
PROJECT NO. JN 505_

CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM

TITLE OF PERSON SIGNING

SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:

TO BE SUBMITTED WITH PROPOSAL
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BID PROPOSAL
PROJECT NO. JN 505_

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE) The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of the Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b. Have not within a 5-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 5-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Signature: ____________________________ Name: _________________________________ Title: ________________________________ Company: ______________________________

TO BE SUBMITTED WITH PROPOSAL
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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS
(Continued)

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
© MDG Associates, Inc. 2023
Federally Assisted Project
U.S. Department of Housing and Urban Development
Exhibit 1 Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Exhibit 2 Federal Labor Standards Provisions – HUD-4010 Exhibit 3 Federal Equal Employment Opportunity / Affirmative Action Provisions Exhibit 4 Contracting With Small Business, Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms
Exhibit 5 Compliance with Clean Air and Water Acts
Exhibit 6 Worker’s Compensation Certification (To be submitted as Bid Document) Exhibit 7 List of Proposed Subcontractors or Sub-Tier Contractors (To be submitted as Bid Document) Exhibit 8 Certification of Understanding and Authorization (To be submitted as Bid Document) Exhibit 9 Request for Additional Classification and Rate (Resource available but Not Required) Exhibit 10 Non-Segregated Facilities Certification (To be submitted as Bid Document) Exhibit 11 Past Performance Certification (To be submitted as Bid Document) Exhibit 12 Notice of Equal Employment Opportunity (To be submitted as Bid Document) Exhibit 13 Minority and Women’s Business Enterprise Tiered Compliance Plan (To be submitted as Bid Document)
Exhibit 14 Federal Lobbyist Certification (To be submitted as Bid Document) Exhibit 15 Section 3 Bid Document Package
- Section 3 clause (Resource available but Not Required) - Sample Section (Reviewed at Pre-bid meeting)
- Business Certification (To be submitted as Bid Document) - Sample Qualitative Outreach Efforts (Resource information available) - Statement of Section 3 Qualifications (To be submitted as Bid Document) - Section 3 Worker Certification Forms (To be submitted as Bid Document) - Summary Labor Report (To be submitted with final certified payroll).

Exhibit 16 Federal Wage Decision
Exhibit 17 Build America, Buy America Act (BABA) (To be submitted with Final certified payroll) © MDG Associates, Inc. 2023
EXHIBIT 1
Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Prevailing Wage Statement: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. A copy of the Federal Wage Decision applicable to this project is included in the Bid Document.

This is project is a public work in the State of California, funded in whole or in part with public funds.

Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk’s office, and is also available online at http://www.dir.ca.gov/dlsr/.

Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.

Minority and Women Owned Business: Bidders will be required to document their status as a Minority Business Enterprise (MBE), a Women-owned Business Enterprise (MBE) or a non-MBE/WBE firm. Bidders that are not MBE/WBE firms will be required to make a good faith effort, and to document their efforts to include firms as part of the contract bid.

Section 3 Statement: This is a HUD Section 3 construction contract. Contractors and subcontractors must address the Section 3 employment work hours benchmarks for Section 3 Workers and Targeted Section 3 Workers as established by the U.S. Department of Housing and Urban Development at 24 CFR Part 75.

Conflict of Interest: In the procurement of supplies, equipment, construction, and services, the conflict of interest provisions in 2 CFR 200.318 shall apply. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

Build America, Buy America: The construction services performed pursuant to this contract are subject to the Build America, Buy America Act (BABA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022. By submitting a bid, Contractor hereby certifies they are familiar with all laws and regulations that may affect cost, progress, and performance of the work, including BABA requirements. A copy of the contractor self-certification form is included in the Bid Document.

EXHIBIT 2
Federal Labor Standards Provisions
(Next Page)
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
1 HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR

5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:

1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

2. The classification is used in the area by the construction industry; and

3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR

5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
2 classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

2. The classification is used in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met.

The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
3 2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR

5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
4 costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker’s Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;

2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
5 from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and

3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).

E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.

F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
6 the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.

C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR

5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.

D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed. ii Equal employment opportunity The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
7 6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8 Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or
iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.

B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
8 be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms “laborers and mechanics” include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).

3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
9 due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.

C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.

D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text.

E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.

Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
10 F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds $100,000.

1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.

2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.

3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
© MDG Associates, Inc. 2023 Page 1 EEO/Affirmative Action Provisions EXHIBIT 3
Federal Equal Employment Opportunity / Affirmative Action Provisions

1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f. In the event of the contractor’s noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of © MDG Associates, Inc. 2023 Page 2 EEO/Affirmative Action Provisions the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246)
a. The Offeror’s or Bidder’s attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregated work force in each trade on all construction work in the covered area, are as follows:

Timetables
Location of Work by
Standard Metropolitan
Statistical Area (SMSA)
Goals for Minority
Participation in
Each Trade
Goals for Female
Participation in
Each Trade
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9% 6.9%
4480 Los Angeles-Long Beach, CA 28.3% 6.9%
6000 Oxnard-Simi Valley-Ventura, CA 21.5% 6.9%
6780 Riverside-San Bernardino-Ontario, CA 19.0% 6.9%
7480 Santa Barbara-Santa Maria-Lompoc, CA 19.7% 6.9%
7320 San Diego, CA 16.9% 6.9%
6920 Sacramento, CA 16.1% 6.9%
8520 Tucson, Pima AZ 24.1% 6.9%
6200 Phoenix, Maricopa AZ 15.8% 6.9%
These goals are applicable to all the contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract, the Executive Order, and the regulations of 41 © MDG Associates, Inc. 2023 Page 3 EEO/Affirmative Action Provisions CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles-Long Beach, specifically the County of Los Angeles, State of California.

3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications:
(1) Covered area means the geographical area described in the solicitation from which this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
(3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer’s Quarterly Federal Tax Return, United States Treasury Department Form 941.
(4) Minority includes:
(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the © MDG Associates, Inc. 2023 Page 4 EEO/Affirmative Action Provisions notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.

The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
© MDG Associates, Inc. 2023 Page 5 EEO/Affirmative Action Provisions (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses.
(3) Maintain a current file of the name, address, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor’s efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above.
(6) Disseminate the contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
(7) Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory © MDG Associates, Inc. 2023 Page 6 EEO/Affirmative Action Provisions personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(8) Disseminate the contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor’s work force.
(11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the contractor’s obligations under these specifications are being carried out.
(14) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. © MDG Associates, Inc. 2023 Page 7 EEO/Affirmative Action Provisions (16) Conduct a review, at least annually, of all supervisors’ adherence to and performance under the contractor’s EEO policies and affirmative action obligations.
h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s, and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance.

I. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin.
k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. l. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice).
© MDG Associates, Inc. 2023 Page 8 EEO/Affirmative Action Provisions n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.

4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non-segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
c. Send a notice of the contractor’s commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.
© MDG Associates, Inc. 2023 Page 9 EEO/Affirmative Action Provisions e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor’s List of Federal and NonFederal Work in Bid Condition Area to the monthly report.

5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

7. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance.
© MDG Associates, Inc. 2023 Page 1 MBE/WBE Plan
EXHIBIT 4
Minority and Women’s Business Enterprise Reporting
Background: The Awarding Agency is a recipient of federal housing and community development assistance through the U.S. Department of Housing and Urban Development (HUD). As part of its commitment in use of these federal funds, the Awarding Agency is required to submit a report to HUD pertaining to the Awarding Agency’s Minority Business Enterprise (MBE) and Women’s Business Enterprise (WBE) contracting and subcontracting activity generated through the expenditure of HUD funds. As a potential awarded contractor for this project, the Awarding Agency requires all bidders to comply with federal regulations at 2 CFR Part 200.321 “Contracting with Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms” and to make every effort to obtain MBE/WBE participation on this project per the identified instructions below.

Policy/Instructions: In accordance with federal regulations at 2 CFR Part 200.321 cited above, the bidder shall supply information about the utilization of MBE/WBE firms as part of this contracting opportunity through:

A. Using qualified small and minority businesses and women’s business enterprises on solicitation lists.

B. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.

C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business and women’s business enterprises participation.

D. Where the requirement permits, establishing delivery schedules, which will encourage participation by small and minority businesses and women’s business enterprises.

E. Using the services and assistance of the Small Business Administration and Minority Business Development Agency of the Department of Commerce.

Where a bidder is not a MBE/WBE firm based on completion of Part 1 of the Minority and Women’s Business Enterprise Reporting form on the following page, the bidder shall provide information concerning each subcontract or sub-tier contract to be awarded to MBE/WBE firms (Part 2 of the Minority and Women’s Business Enterprise Reporting form). Where no MBE/WBE firms are proposed to participate, the bidder shall provide evidence that at least three (3) of the outreach efforts listed in Part 3 were implemented.

Definitions
MBE/WBE: Minority and women business enterprises are defined as any financial institution, business, service, contracting business which is solely owned and operated by a minority group member or women or that is more than 50% owned by minority group members or women. If the enterprise is publicly owned, the minority/women members or stockholders must have at least 51% interest and possess control over management, capital and earnings.

Minority Group Member:
• Black: A person with origins in any of the black racial groups of Africa. • Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or South American descent and Spanish culture. Portuguese are excluded from the Hispanic category and are classified according to their race.
© MDG Associates, Inc. 2023 Page 2 MBE/WBE Plan
• Asian or Pacific Islander: A person having origins in the Far East, Southeast Asia, Indian subcontinent or Pacific Islands.
• American Indian or Alaskan Native: A person with origins in original peoples of North America, and who maintain cultural identifications through tribal affiliation or community recognition.
• Women: Female gender.
© MDG Associates, Inc. 2023
EXHIBIT 5
Compliance with Clean Air and Water Acts
During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.

In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following:

1. A stipulation by the contractor or subcontractors, that any facility to be utilizes in the performance of any non-exempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under.

3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities.

4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions.
© MDG Associates, Inc. 2023
EXHIBIT 6
Worker’s Compensation Certification

DATE PROJECT NAME PROJECT NUMBER

COMPANY NAME PHONE

COMPANY ADDRESS
I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

AUTHORIZED OFFICIAL SIGNATURE DATE
© MDG Associates, Inc. 2023
EXHIBIT 7
List of Proposed Subcontractors or Sub-Tier Contractors

PROJECT NAME PROJECT NUMBER AWARDING AGENCY

COMPANY NAME BID/CONTRACT/SUBCONTRACT DOLLAR AMOUNT PHONE NUMBER

COMPANY ADDRESS FAX NUMBER

LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER E-MAIL Contractor must list all subcontracts or sub-tier contracts involving labor at the site of construction, regardless of dollar amount or percentage of bid.

Sub or Sub-tier Contractor’s:

Name, Address, and Telephone Number
Contractor
License
Number
Employer
Identification
Number
DUNS
Number
Contract
Amount
Estimated
Start
Date
Estimated
Completion
Date Trade(s) to be Used

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY AUTHORIZED OFFICIAL SIGNATURE DATE © MDG Associates, Inc. 2023
EXHIBIT 8
Certification of Understanding and Authorization

PROJECT NAME/NUMBER AWARDING AGENCY

COMPANY NAME

COMPANY ADDRESS

LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER This is to certify that the principal(s), and the authorized payroll officer listed below, have read the “Contractor’s Guide to Prevailing Wage Requirements for Federally Assisted Construction” and the Federal Labor Standards Provisions (HUD-4010 form) and that both parties understand these requirements.

The following person is designated as the payroll officer for the company and is authorized to sign the Statement of Compliance that will accompany each weekly Certified Payroll Report for the project:

PAYROLL OFFICER: (Individual Responsible for Signing Statements of Compliance)

NAME TITLE

SIGNAURE DATE
PRINCIPAL OWNER / GENERAL PARTNER: (Listed on CSLB Personnel List)

NAME TITLE

SIGNAURE DATE
© MDG Associates, Inc. 2023
EXHIBIT 9
Request for Additional Classification and Rate
(Next Page)

PROJECT NAME PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT

COMPANY NAME

COMPANY ADDRESS

LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER The federally-assisted construction contractor certifies that he/she does not and will not:

1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments.

2. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained.

The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.

The federally-assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

AUTHORIZED OFFICIAL SIGNATURE DATE
© MDG Associates, Inc. 2023
EXHIBIT 11
Past Performance Certification

PROJECT NAME PROJECT NUMBER NUMBER OF EMPLOYEES

COMPANY NAME

COMPANY ADDRESS

LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER The bidder, proposed sub-contractor, hereby certifies that he/she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

AUTHORIZED OFFICIAL SIGNATURE DATE
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

SF-100 (EEO-1) must be filed by:
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. © MDG Associates, Inc. 2023
EXHIBIT 12
Notice of Equal Employment Opportunity
TO:

NAME OF LABOR UNION, WORKERS REPRESENTATIVE, ETC.

ADDRESS

PROJECT NAME PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT

COMPANY NAME

COMPANY ADDRESS

LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER The Undersigned currently holds a contract with
involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract.

You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin.

This obligation not to discriminate in employment includes, but is not limited to the follow:

1. Hiring, placement, upgrading, transfer or demotion;

2. Recruitment, advertising or solicitation for employment;

3. Treatment during employment;

4. Rates of pay or other forms of compensation;

5. Selection for training, including apprenticeship; and

6. Layoff or termination.

This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

AUTHORIZED OFFICIAL SIGNATURE DATE
© MDG Associates, Inc. 2023
EXHIBIT 13
Minority and Women’s Business Enterprise Reporting

THIS REPORT MUST BE SUBMITTED WITH YOUR BID FOR THIS FEDERALLY-FUNDED CONTRACT OPPORTUNITY PART 1- BUSINESS INFORMATION FOR CONTRACTOR

DATE PROJECT NAME PROJECT NUMBER

FIRM NAME PHONE

BUSINESS ADDRESS
TYPE OF FIRM:
(Check One and Provide Information)
Individual Name of Owner
Corporation State of Incorporation:

Partnership Indicate General “G”, Limited “L”:

Name of Partners:

Joint Venture Joint Venture Participants:

Number of year(s) firm has been in business under present ownership:

OWNERSHIP DEMOGRAPHICS:
(Provide the number of owners by race or gender category and the percentage of ownership interest of those individuals) Black Hispanic Alaskan Native/
American Indian
Asian/
Pacific Islander White Women
Number
% of Assets
Owned
OWNERSHIP INFORMATION:
(List each owner of the firm that has 5 percent or more of the shares in the firm) Name Race Sex Years of
Ownership
Ownership
Percentage
Voting
Percentage
I certify that the information provided herein is true and correct. Federal EIN:

License Number:

DUNS Number:

SIGNATURE DATE
IF LESS THAN 50% MINORITY OR WOMEN OWNED, PROCEED TO PART 2 AND PROVIDE INFORMATION ON SUBCONTRACTS OR SUB-TIER CONTRACTING WITH MBE/WBE FIRMS. © MDG Associates, Inc. 2023
PART 2

MBE AND WBE SUBCONTRACTING

DATE PROJECT NAME PROJECT NUMBER

FIRM NAME PHONE

BID DATE BID/CONTRACT AMOUNT
Provide information on each subcontract or sub-tier contract to be awarded to MBE/WBE firms.

Attach a completed copy of Part 1 (previous page) from each MBE/WBE firm listed below.

Subcontractor Firm Name Scope of Work /
Supplies to be Provided
Check One Dollar amount contract:

MBE WBE
I certify that the information provided herein is true and correct. Subcontract Type Dollar Amount Percentage of Total Bid MBE: $ %
WBE: $ %

SIGNATURE DATE
IF BIDDER / CONTRACTOR IS LESS THAN 50% MINORITY OR WOMEN OWNED (Part 1) AND IF MBE AND WBE FIRMS ARE NOT SUBCONTRACTED (Part 2), PROCEED TO PART 3 AND COMPLETE THE CONTRACTING / GOOD FAITH EFFORT CERTIFICATION © MDG Associates, Inc. 2023
PART 3

CONTRACTING/GOOD-FAITH EFFORT CERTIFICATION
This certification must be signed and submitted with your bid or proposal when the bidder is not an MBE or WBE (Part 1) or does not subcontract with MBE or WBE firms (Part 2).

Please initial where indicated that you have read and complied with at least three (3) of the Good Faith Efforts listed below. You must attach documentation to demonstrate that at least three (3) good-faith efforts were made to secure MBE/WBE participation in this contracting opportunity. Your good-faith effort will be evaluated in accordance with the criteria listed below.

Good Faith Efforts Implemented (Minimum of 3)
Initial here
if true and
correct

1. The Bidder/Firm attended a pre-bid meeting hosted by the awarding agency to gain knowledge of the project requirements and goals (if a pre-bid meeting was offered).

2. The Bidder/Firm advertised the availability of subcontracting or supply opportunities for MBE/WBE firms in connection with this project. If so, complete the following:

Media where advertised:

Media contact information:

Date(s) of advertisement:

Attach copies of the advertisement(s) to this form and submit with bid.

Note: Electronic advertisements are acceptable.

3. The Bidder/Firm provided interested potential MBE/WBE subcontractors with the project plans and specifications.

Attach a list of MBE/WBE firms that received project plans and specifications.

Include their address, city, state, zip code, contact person, telephone number.

Provide a notation of any responses received from those firms.

4. The Bidder/Firm provided potential MBE/WBE subcontractors with technical assistance or advised that technical assistance was available from the bidder to facilitate understanding of the contract requirements and to complete the paperwork necessary to participate in this contract.

Attach a list of MBE/WBE firms that your company provided assistance to.

Include the name of the MBE/WBE firm, address, city, state, zip code, contact person, and a description of the technical assistance provided.

5. The Bidder/Firm made follow-up contacts with potential MBE/WBE firms which expressed an interest in the project.

Attach a list of MBE/WBE firms that your company followed-up with. Include their address, city, state, zip code, contact person, telephone number.

Provide a notation of any responses received from those firms.

Good Faith Efforts Implemented (Minimum of 3)
Initial here
if true and
correct

6. The Bidder/Firm requested assistance from organizations which identify potential MBE/WBE firms.

Attach a list of organizations consulted to include the name of the organization, address, city, state, zip code, contact person, time and dates contracted, method contacted, and results.

7. The Bidder/Firm contacted potential MBE/WBE firms and negotiation was made in good faith.

Attach a list of MBE/WBE firms that your company negotiated with. Include the name of the MBE/WBE firm, address, city, state, zip code, contact person, whether MBE or WBE, if plans or specifications were provided to the other party, and the results of your negotiations. Also attach copies of any internal documents that will evidence the same and submit with bid.

According to Title 18, Section 1001 of the U.S. Code, it is a felony for any person to knowingly and willingly make false or fraudulent statements to any department of the United States Government. I, the undersigned, hereby certify that all statements contained herein, are true and correct to the best of my knowledge and belief.

Under the penalty of perjury, I certify that the above information is true and correct.

SIGNATURE DATE

TITLE PHONE
© MDG Associates, Inc. 2023
EXHIBIT 14
Federal Lobbyist Certification

PROJECT NAME PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT

COMPANY NAME

COMPANY ADDRESS

LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract:

1. No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions, and;

3. The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreement) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

AUTHORIZED OFFICIAL SIGNATURE DATE
© MDG Associates, Inc. 2023
EXHIBIT 15
Section 3 Bid Package

ITEM PURPOSE
Section 3 Clause: This is a Section 3 Covered housing rehabilitation, housing construction or other public construction project. The
provisions of 24 CFR Part 75 apply to all contracts and subcontracts.

Sample Section 3 This document is for informational purposes only.

Pre-Bid Meeting Checklist
Business Certification: Used to document the status of a bidder or subcontractor as a Section 3 Business or as a business that is making a written commitment to meet the Section 3 benchmarks.

Sample Qualitative Outreach Efforts: Sample Qualitative Outreach Efforts for contractors seeking to hire Section 3 Workers and Targeted Section 3 Workers by directing employment and training
opportunities toward low- and very low-income persons,
particularly those who are recipients of government
assistance for housing, may use any combination of
outreach efforts to meet the Section 3 commitment made
when a Statement of Section 3 Qualifications is submitted.

Statement of Section 3 Qualifications: The Statement of Section 3 Qualifications Form is used to document the bidder’s past performance on Section 3-
covered projects and outlines the commitments the
bidder makes to meet the Section 3 Worker and Targeted
Section 3 Worker labor hour obligations (benchmarks).

Section 3 Worker Certification Forms: The Section 3 Worker and Targeted Section 3 Worker Certification Forms are used to document each individual claimed as a Section 3 Worker or Targeted Section 3
Worker.

Summary Labor Report: Contractors and subcontractors are required to submit a Summary Labor Report on July 1st of each year and with
their final Certified Payroll Report to document
compliance with the Section 3 benchmarks.
© MDG Associates, Inc. 2023
Section 3 Clause
Federal Contract Provision
24 CFR Part 75
a. This is a Section 3 covered project. Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as detailed in 24 CFR 75(a)(2)(i). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing. b. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development (HUD) assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
c. The parties to this contract will comply with HUD's regulations as set forth in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations. d. The Section 3 requirements apply to all contractors and subcontractors performing work in connection with a Section 3 covered project. Contractor means any entity entering into a contract with (a) a recipient to perform work in connection with work in connection with a Section 3 project; or (b) a subrecipient for work in connection with a Section 3 project.

Subcontractor means any entity that has a contract with a Contractor to undertake a portion of the contractor's obligation to perform work in connection with a Section 3 project. e. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR Part 75. f. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, where not filled to circumvent the contractor's obligations under 24 CFR Part 75.
g. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. h. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and SelfDetermination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the Section 3 requirements of 24 CFR Part 75.
© MDG Associates, Inc. 2023
Sample Section 3 Pre-Bid Meeting Checklist
Project Name Project Number
Date Time Location
This presentation will familiarize you with the federal requirements applicable to this contract because it is funded in whole or in part with federal housing and community development assistance administered by the U.S. Department of Housing and Urban Development (HUD). Please be sure to ask me any questions you may have about these requirements before you leave today’s meeting.

SECTION 3 EMPLOYMENT, CONTRACTING, AND TRAINING OPPORTUNITY PROGRAM Section 3 of the Housing and Community Development Act of 1968 requires that the local contracting agency implement an employment, contracting and training opportunity program in connection with its HUD-funded housing construction, housing rehabilitation, or other public construction contracts. The goal of Section 3 is to provide employment and training opportunities to individuals that qualify as “Section 3 Workers and Targeted Section 3 Workers.” This is a Section 3 covered project. Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as detailed in 24 CFR 75(a)(2)(i). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.

The Section 3 requirements apply to all contractors and subcontractors performing work in connection with a Section 3 covered project. Contractor means any entity entering into a contract with (a) a recipient to perform work in connection with work in connection with a Section 3 project; or (b) a subrecipient for work in connection with a Section 3 project. Subcontractor means any entity that has a contract with a Contractor to undertake a portion of the contractor's obligation to perform work in connection with a Section 3 project.

A Section 3 Worker is a worker who currently fits or when hired within the past five years (as documented) fits at least one of the following categories:
a. The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
b. The worker is employed by a Section 3 business concern. c. The worker is a YouthBuild participant.

For Housing and Community Development Financial Assistance – A Targeted Section 3 Worker is:
a. A worker employed by a Section 3 business concern; or b. A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, which is defined as an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; or
© MDG Associates, Inc. 2023
(ii) A YouthBuild participant.

A Section 3 Business is a business concern meeting at least one of the following criteria, documented within the last six-month period:
a. is at least 51 percent owned and controlled by low- or very low-income persons; b. over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or
c. is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

The local contracting agency is required by HUD to implement Section 3 to the greatest extent feasible, which means that the local contracting agency and it subrecipients, contractors and subcontractors must undertake all reasonable measures to meet the established HUD Labor Hour Benchmarks for Section 3 Workers and Targeted Section 3 Workers. The current HUD Section 3 minimum labor hour benchmarks are as follows:

Upon completion of the contract, the successful bidder will be required to provide the Contractor’s Section 3 Labor Report Summary, a document summarizing labor hour accomplishments and detailing all efforts made to create contracting, employment and training opportunities for lowincome residents in connection with this project. This form is also included in the bid document; however, it is to be submitted on July 1st or with your final Certified Payroll Report, whichever occurs first.

CONTRACTOR ELIGIBILITY
All contractors’ license status will be verified by the local contracting agency with the Contractors State License Board.

The local contracting agency will verify the debarment status of all contractors through the U.S.

General Services Administration’s System for Award Management (SAM).

The local contracting agency will verify that all contractors have appropriate insurance in conformance with contract requirements.

FEDERAL PREVAILING WAGE: APPLICABLE NOT APPLICABLE TO THIS PROJECT This is a federally assisted construction contract. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.

The Federal Labor Standards Provisions, “HUD-4010 form,” included in the Bid Document as a part of the prime contract, details the federal prevailing wage requirements applicable to this contract.

The applicable Federal wage decision will lock-in 10-calendar days prior to the physical bid opening date.
© MDG Associates, Inc. 2023
The hourly rate to be paid to each worker, as listed in the wage decision, may be higher than wages paid for private work.

The hourly Fringe Benefit rate listed in the wage decision must be added to and paid as part of the workers hourly rate, or paid into an approved plan, as documented on the “Fringe Benefit Statement” form.

The wage decision and notices must be posted at the job site in a place that is accessible to all employees.

The “Public Works Payroll Report” form (WH-347 form or similar format) must be submitted on a weekly-basis through the LCPTracker™ system.

A “Statement of Compliance” form (WH-348 form or similar format) must be attached to each payroll report submitted through the LCPTracker™ system.

All work classifications used in the “Weekly Certified Payroll Report” (CPR) must be listed in the wage decision.

Classifications and rates used, but not listed in the wage decision must be approved in advance by HUD.
“OTHER” deductions must be “Authorized” by the employee. A copy of this documentation must be attached to the first CPR where an “OTHER” deduction appears for an employee.

EQUAL EMPLOYMENT OPPORTUNITY
Contractor(s) [$10,000 or more] must implement the requirements outlined in the “EEO Clause” of your contract.

Notification will be made by the local contracting agency to the DOL Office of Federal Contract Compliance Programs of all contracts and subcontracts of $10,000 or more.

LCPTracker™
During the project, all participating contractor(s) will be required to submit all compliance documents and CPRs via the the LCPTracker™ system.

At the Pre-Construction Meeting and prior to issuance of the Notice to Proceed, the awarded Prime Contractor shall provide the names and email addresses of the payroll officers of each participating contractor to facilitate system access.
© MDG Associates, Inc. 2023
Section 3 Business Certification Form
Federal Compliance Form – To be submitted with Bid to be Responsive to Section 3 Project Name Project Number Bid/Contract Amount
Business Name
Business Address
Telephone Number Contractor’s License Number Federal Employer Identification Number DUNS Number

1. The above-named business is a Section 3 Business Concern based on the following qualifications:
51 percent owned and controlled by low- or very low-income persons Number of Low- or Very Low-income Owners ÷ Number of Owners = % (Attach Section 3 Worker and Targeted Section 3 Worker Certifications for all Section 3 owners claimed and a list of all other non-income eligible owners)
Over 75 percent of the labor hours performed for the business over the prior three-month period were performed by Section 3 workers
a. Total Number of Labor Hours for the prior three-month period b. Number of Labor Hours for the prior three-month period performed by Section 3 Workers c. b ÷ a = %
(Attach Summary Labor Report Form for the prior three-month period) At least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing
Number of Section 3 Resident Owners ÷
Number of
Owners = %
(Attach Section 3 Worker and Targeted Section 3 Worker Certification for all Section 3 owners claimed)

2. The above-named business is not a Section 3 Business Concern, but commits to meeting the Section 3 goal on this project by:

Making a Written Commitment
Our company declares its intention to incorporate Section 3 into our normal hiring practices beginning with all openings effective on or after the date of contract award, with the goal of becoming a Section 3 Business Concern; and comply with the employment and training and contracting prioritization efforts of 24 CFR

75.19. On this project, our company and its subcontractors will collectively meet the following Section 3 minimum labor hour benchmarks:

Labor Hour Standard Ratio Formula Minimum %
Section 3 Workers Section 3 Workers ÷ Total Labor Hours 25% Targeted Section 3 Workers Targeted Section 3 Workers ÷ Total Labor Hours 5% We have attached the Statement of Section 3 Qualifications, and Business Certifications for all subcontracts claimed; and agree to conduct and document outreach efforts to hire Section 3 Workers and Targeted Section 3 Workers and collect Section 3 Worker and Section 3 Targeted Worker Certifications, and document their labor hours as well as total labor hours throughout the duration of the project.

The undersigned declares that the above information is complete and correct.

Printed Owner/Principal Name Owner/Principal Signature Date © MDG Associates, Inc. 2023
Sample Qualitative Outreach Efforts for Contractors
Seeking to Hire Section 3 Workers and Targeted Section 3 Workers A Section 3 responsive bidder who commits to hire Section 3 Workers and Targeted Section 3 Workers by directing employment and training opportunities toward low- and very low-income persons, particularly those who are recipients of government assistance for housing, may use any combination of outreach efforts to meet the Section 3 commitment made when a Statement of Section 3 Qualifications is submitted.

REMEMBER: All employees of a business/firm that work on a Section 3 Project count toward meeting your Section 3 goals—Section 3 New Hires do not have to be construction workers, they just have to work on the Section 3 Project.

The following represent sample measures that can be undertaken to expand your Section3 Worker and Targeted Section 3 Worker hiring;
• Engage in outreach efforts to generate job applicants who are Targeted Section 3 workers. • Provide training or apprenticeship opportunities.
• Provide technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
• Provide or connect Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
• Hold one or more job fairs.
• Provide or refer Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). • Provide assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
• Assist Section 3 workers in obtaining financial literacy training and/or coaching. • Engage in outreach efforts to identify and secure bids from Section 3 business concerns. • Provide technical assistance to help Section 3 business concerns understand and bid on contracts. • Divide contracts into smaller jobs to facilitate participation by Section 3 business concerns. • Provide bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
• Promote the use of business registries designed to create opportunities for disadvantaged and small businesses.
• Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.

Remember to document all of your efforts for retention within your project files and for submission to the local contracting agency.
© MDG Associates, Inc. 2023
Statement of Section 3 Qualifications
Contractor name and address Project number: Dollar amount of contract:

Contact person and title:

Contact person email address:

Phone: (include area code) Contractor’s license number and class:

Federal EIN: Date report submitted:

Date(s) covered: Do you currently qualify as a Section 3 Business Concern? Yes No
Part I: Past Performance under Section 3 Projects
Has your firm previously performed work on Section 3 projects? Yes No If yes, please complete the attached spreadsheet detailing your Section 3 accomplishments for the last year Part II: Efforts to Meet Section 3 Worker and Targeted Work Labor Hour Obligations Please specify the commitments that you have made to meet your Section 3 Worker and Targeted Work Labor Hour Obligations
We have a sufficient number of verifiable Section 3 Workers and Targeted Section 3 Workers currently employed, which based on the labor hour projections for this project, will meet or exceed both of the HUD Minimum Labor Hour Thresholds of 25% for Section Workers and 5% for Targeted Section 3 Workers.

We have contractual commitments with Section 3 Business Concerns, which when combined with labor hour projections for our staff and those of the Section 3 Business Concerns for this project, will meet or exceed both of the HUD Minimum Labor Hour Thresholds of 25% for Section Workers and 5% for Targeted Section 3 Workers.

We will engage in outreach efforts to identify and secure bids from Section 3 Business Concerns, which when combined with labor hour projections for our staff and those of the Section 3 Business Concerns for this project, will meet or exceed both of the HUD Minimum Labor Hour Thresholds of 25% for Section Workers and 5% for Targeted Section 3 Workers.

Statement of Section 3 Qualifications continued on the next page. © MDG Associates, Inc. 2023
We commit to performing the following targeted outreach activities to expand the number of Section 3 Workers and Targeted Section 3 Workers to a level which based on the labor hour projections for this project, will meet or exceed both of the HUD Minimum Labor Hour Thresholds of 25% for Section Workers and 5% for Targeted Section 3 Workers (list all outreach activities to be performed):

We commit to performing the following measures designed to ensure that the labor hours performed by Section 3 Workers and Targeted Section 3 Workers for this project, will meet or exceed both of the HUD Minimum Labor Hour Thresholds of 25% for Section Workers and 5% for Targeted Section 3 Workers (provide a detailed description of the measures to be implemented):

Statement of Section 3 Qualifications continued on the next page. © MDG Associates, Inc. 2023
Part III: Labor Utilization Projections for Section 3 Workers and Targeted Section 3 Workers Please complete the following information for the project for which this bid proposal is being submitted:

Current Staffing
Total Number of Personnel that will be working on this Project Number of currently employed Section 3 Workers that will be working on this Project Number of currently employed Targeted Section 3 Workers that will be working on this Project Projected Labor Utilization
Includes Current and New Hires, Subcontractors, and Work performed by Section 3 Business Concerns a. Total Projected Labor Hours for all Project Personnel b. Total Projected Labor Hours for Section 3 Workers
c. Total Projected Labor Hours for Targeted Section 3 Workers Projected Labor Hours by Section 3 Workers as a percentage of Total Labor Hours (b ÷ a) % Projected Labor Hours by Targeted Section 3 Workers as a percentage of Total Labor Hours (c ÷ a)
%
Part IV: Efforts performed to generate economic opportunities and assist in meeting Section 3 Labor Hour Requirements
Please indicate which of the following measure have been completed prior to the submission of this bid:

Trained and/or Employed Section 3 Workers and Targeted Section 3 Workers (attach Section 3 Worker Certifications and Targeted Section 3 Worker Certifications) Awarded subcontracts to Section 3 Business Concern(s). (attach Section 3 Business Concern Certifications)
Attempted to recruit Section 3 Workers through:

Advertising through local media, television, radio, newspaper (attach copy of advertisement) Signs prominently displayed at the project site
Contacts with Community Organizations (attach correspondence) Contacted management to notify residents of job availability and posted or distributed flyers at public housing authority (Attach list)
Participated in a HUD program or other program which promotes the training or employment of lowincome individuals (attach supporting documentation) Participated in a HUD program or other program which promotes the award of contracts to Section 3 Business Concerns
Contacted agencies administering HUD Youth-Build programs. (Attach correspondence documentation)
Maintained a file of eligible qualified low-income Residents and qualified Section 3 Business Concerns for future employment
OTHER: (Describe and attach supporting documentation)
Statement of Section 3 Qualifications continued on the next page. © MDG Associates, Inc. 2023
Section 3 Accomplishments
(Please include all Section 3 Projects in which you participated during the last 12 months) Project Name Construction
Dates Funding Entity
Funding Entity
Contact Information
(Name, Phone and email)
Were All Section 3
Obligations Met for
this Project?
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Title 18, Section 1001 of the U.S. Code provides that it is a felony for any person to knowingly and willingly make false or fraudulent statements to any department of the United States Government. I, the undersigned, hereby certify that all statements contained herein and in its respective attachments are true and correct to the best of my knowledge and belief.

Under the penalty of perjury, I certify that the above information is true and correct.

Printed Name Title
Signature Date
© MDG Associates, Inc. 2023
SECTION 3 WORKER and TARGETED SECTION 3 WORKER CERTIFICATION

COMMUNITY DEVELOPMENT FINANCIAL ASSISTANCE
Employee Residing in Los Angeles County
Submit with Bid if Box 1 is checked on Section 3 Business Certification or for New Hires Employee Name Date Hired (Month/Date/Year)
Employee Address
I hereby certify that I am a Section 3 Worker based on currently meeting, or meeting when hired within the past five years at least one of the following qualification(s) - check all that apply:

1. I am a low-income resident of the metropolitan area and:

For new hires:

My current annual income is $70,650 or less 2023 Income Limit For employees hired within the last five (5) years, please specify if you met the applicable income requirement for the year in which you were hired (based on previous year income): The five-year period for a worker cannot begin before November 30, 2020; therefore, Section 3 workers and Targeted Section 3 workers hired prior to November 30, 2020, may only be certified beginning November 30, 2020.

Year Hired Applicable Income Limit Income Standard
2022 My annual income for 2021 was $66,750 or less 2021 Income Limit 2021 My annual income for 2020 was $63,100 or less 2020 Income Limit 2020 My annual income for 2019 was $58,450 or less 2019 Income Limit 2019 My annual income for 2018 was $54,250 or less 2018 Income Limit 2018 My annual income for 2017 was $50,500 or less 2017 Income Limit

2. I am a YouthBuild participant.

3. I am a Public Housing Resident.

4. I live in Section 8 Assisted Housing.

Under the provisions of Title 18, Section 1001 of the U.S. Code, it is a felony for any person to knowingly and willingly make false or fraudulent statements to any department of the United States Government. I, the undersigned, hereby certify that all statements contained herein, are true and correct to the best of my knowledge and belief. I understand the information I provide in this certification is subject to verification, and I agree to provide necessary documentation if requested.

Under the penalty of perjury, I certify that the above information is true and correct.

Employee Signature Date
© MDG Associates, Inc. 2023

EMPLOYER CERTIFICATION
Employee Name:

Company Name:

Our company: is a Section 3 Business Concern, or is not a Section 3 Business Concern The above-named employee was hired on:

The above-named employee’s job title is:

If the company is not a Section 3 Business Concern and the specified employee does not meet any of the above criteria for designation as a Section 3 Worker, please complete the following:

SECTION 3 WORKER:

The worker’s income from our company is below the income limit when based on a projection of the worker’s wage rate annualized on a full-time basis, or
The worker’s income from our company exceeds the income limit when based on a projection of the worker’s wage rate annualized on a full-time basis.

TARGETED SECTION 3 WORKER:

The above specified employee lives within one mile of the location of the Section 3 project for which this certification is being submitted (or if fewer than 5,000 people live within one mile of the project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.)
Under the provisions of Title 18, Section 1001 of the U.S. Code, it is a felony for any person to knowingly and willingly make false or fraudulent statements to any department of the United States Government. I, the undersigned, hereby certify that all statements contained herein, are true and correct to the best of my knowledge and belief. I understand the information I provide in this certification is subject to verification, and I agree to provide necessary documentation if requested.

Employer Certification:

Printed Name Title
Signature Date

FOR OFFICE USE ONLY
To be determined eligible as a Section 3 Worker, the worker must currently fit or when hired within the past five years fit at least one of the following categories, as documented:
a. The worker's income for the previous or annualized calendar year is below the income limit established by HUD. b. The worker is employed by a Section 3 business concern. c. The worker is a YouthBuild participant.

To be determined eligible as a Targeted Section 3 Worker, the worker must meet one the following criteria:
a. Be employed by a Section 3 business concern; or
b. Currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project [within one mile of the location of the Section 3 project for which this certification is being submitted (or if fewer than 5,000 people live within one mile of the project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.)]; or
(ii) A YouthBuild participant.

Based on the information contained herein, the worker identified in this certification qualifies as:
a Section 3 Worker
a Targeted Section 3 Worker
Does not qualify as either a Section 3 Worker or a Targeted Section 3 Worker © MDG Associates, Inc. 2023
SECTION 3 WORKER and TARGETED SECTION 3 WORKER CERTIFICATION

COMMUNITY DEVELOPMENT FINANCIAL ASSISTANCE
Employee Residing in San Bernardino or Riverside County Submit with Bid if Box 1 is checked on Section 3 Business Certification or for New Hires Employee Name Date Hired (Month/Date/Year)
Employee Address
I hereby certify that I am a Section 3 Worker based on currently meeting, or meeting when hired within the past five years at least one of the following qualification(s) - check all that apply:

1. I am a low-income resident of the metropolitan area and:

For new hires:

My current annual income is $52,200 or less 2023 Income Limit For employees hired within the last five (5) years, please specify if you met the applicable income requirement for the year in which you were hired (based on previous year income): The five-year period for a worker cannot begin before November 30, 2020; therefore, Section 3 workers and Targeted Section 3 workers hired prior to November 30, 2020, may only be certified beginning November 30, 2020.

Year Hired Applicable Income Limit Income Standard
2022 My annual income for 2021 was $49,300 or less 2021 Income Limit 2021 My annual income for 2020 was $42,250 or less 2020 Income Limit 2020 My annual income for 2019 was $40,250 or less 2019 Income Limit 2019 My annual income for 2018 was $37,750 or less 2018 Income Limit 2018 My annual income for 2017 was $36,150 or less 2017 Income Limit

2. I am a YouthBuild participant.

3. I am a Public Housing Resident.

4. I live in Section 8 Assisted Housing.

Under the penalty of perjury, I certify that the above information is true and correct.

Employee Signature Date
© MDG Associates, Inc. 2023

EMPLOYER CERTIFICATION
Employee Name:

Company Name:

Our company: is a Section 3 Business Concern, or is not a Section 3 Business Concern The above-named employee was hired on:

The above-named employee’s job title is:

If the company is not a Section 3 Business Concern and the specified employee does not meet any of the above criteria for designation as a Section 3 Worker, please complete the following:

SECTION 3 WORKER:

TARGETED SECTION 3 WORKER:

Employer Certification:

Printed Name Title
Signature Date

2. The worker's income for the previous or annualized calendar year is below the income limit established by HUD.

3. The worker is employed by a Section 3 business concern.

4. The worker is a YouthBuild participant.

To be determined eligible as a Targeted Section 3 Worker, the worker must meet one the following criteria:
c. Be employed by a Section 3 business concern; or
d. Currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project [within one mile of the location of the Section 3 project for which this certification is being submitted (or if fewer than 5,000 people live within one mile of the project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.)]; or
(ii) A YouthBuild participant.

COMMUNITY DEVELOPMENT FINANCIAL ASSISTANCE
Employee Residing in Orange County
Submit with Bid if Box 1 is checked on Section 3 Business Certification or for New Hires Employee Name Date Hired (Month/Date/Year)
Employee Address
I hereby certify that I am a Section 3 Worker based on currently meeting, or meeting when hired within the past five years at least one of the following qualification(s) - check all that apply:

1. I am a low-income resident of the metropolitan area and:

For new hires:

My current annual income is $80,400 or less 2023 Income Limit For employees hired within the last five (5) years, please specify if you met the applicable income requirement for the year in which you were hired (based on previous year income): The five-year period for a worker cannot begin before November 30, 2020; therefore, Section 3 workers and Targeted Section 3 workers hired prior to November 30, 2020, may only be certified beginning November 30, 2020.

Year Hired Applicable Income Limit Income Standard
2022 My annual income for 2021 was $75,900 or less 2021 Income Limit 2021 My annual income for 2020 was $71,750 or less 2020 Income Limit 2020 My annual income for 2019 was $66,500 or less 2019 Income Limit 2019 My annual income for 2018 was $61,250 or less 2018 Income Limit 2018 My annual income for 2017 was $58,450 or less 2017 Income Limit

2. I am a YouthBuild participant.

3. I am a Public Housing Resident.

4. I live in Section 8 Assisted Housing.

Under the penalty of perjury, I certify that the above information is true and correct.

Employee Signature Date
© MDG Associates, Inc. 2023

EMPLOYER CERTIFICATION
Employee Name:

Company Name:

Our company: is a Section 3 Business Concern, or is not a Section 3 Business Concern The above-named employee was hired on:

The above-named employee’s job title is:

If the company is not a Section 3 Business Concern and the specified employee does not meet any of the above criteria for designation as a Section 3 Worker, please complete the following:

SECTION 3 WORKER:

TARGETED SECTION 3 WORKER:

Employer Certification:

Printed Name Title
Signature Date

FOR OFFICE USE ONLY
To be determined eligible as a Section 3 Worker, the worker must currently fit or when hired within the past five years fit at least one of the following categories, as documented:
d. The worker's income for the previous or annualized calendar year is below the income limit established by HUD. e. The worker is employed by a Section 3 business concern. f. The worker is a YouthBuild participant.

To be determined eligible as a Targeted Section 3 Worker, the worker must meet one the following criteria:
e. Be employed by a Section 3 business concern; or
f. Currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project [within one mile of the location of the Section 3 project for which this certification is being submitted (or if fewer than 5,000 people live within one mile of the project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.)]; or
(ii) A YouthBuild participant.

COMMUNITY DEVELOPMENT FINANCIAL ASSISTANCE
Employee Residing in San Diego County
Submit with Bid if Box 1 is checked on Section 3 Business Certification or for New Hires Employee Name Date Hired (Month/Date/Year)
Employee Address
I hereby certify that I am a Section 3 Worker based on currently meeting, or meeting when hired within the past five years at least one of the following qualification(s) - check all that apply:

1. I am a low-income resident of the metropolitan area and:

For new hires:

My current annual income is $77,200 or less 2023 Income Limit For employees hired within the last five (5) years, please specify if you met the applicable income requirement for the year in which you were hired (based on previous year income): The five-year period for a worker cannot begin before November 30, 2020; therefore, Section 3 workers and Targeted Section 3 workers hired prior to November 30, 2020, may only be certified beginning November 30, 2020.

Year Hired Applicable Income Limit Income Standard
2022 My annual income for 2021 was $72,900 or less 2021 Income Limit 2021 My annual income for 2020 was $64,700 or less 2020 Income Limit 2020 My annual income for 2019 was $59,950 or less 2019 Income Limit 2019 My annual income for 2018 was $54,500 or less 2018 Income Limit 2018 My annual income for 2017 was $50,950 or less 2017 Income Limit

2. I am a YouthBuild participant.

3. I am a Public Housing Resident.

4. I live in Section 8 Assisted Housing.

Under the penalty of perjury, I certify that the above information is true and correct.

Employee Signature Date
© MDG Associates, Inc. 2023

EMPLOYER CERTIFICATION
Employee Name:

Company Name:

Our company: is a Section 3 Business Concern, or is not a Section 3 Business Concern The above-named employee was hired on:

The above-named employee’s job title is:

If the company is not a Section 3 Business Concern and the specified employee does not meet any of the above criteria for designation as a Section 3 Worker, please complete the following:

SECTION 3 WORKER:

TARGETED SECTION 3 WORKER:

Census.)
Under the provisions of Title 18, Section 1001 of the U.S. Code, it is a felony for any person to knowingly and willingly make false or fraudulent statements to any department of the United States Government. I, the undersigned, hereby certify that all statements contained herein, are true and correct to the best of my knowledge and belief. I understand the information I provide in this certification is subject to verification, and I agree to provide necessary documentation if requested.

Employer Certification:

Printed Name Title
Signature Date

3. The worker's income for the previous or annualized calendar year is below the income limit established by HUD.

4. The worker is employed by a Section 3 business concern.

5. The worker is a YouthBuild participant.

To be determined eligible as a Targeted Section 3 Worker, the worker must meet one the following criteria:
g. Be employed by a Section 3 business concern; or
h. Currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project [within one mile of the location of the Section 3 project for which this certification is being submitted (or if fewer than 5,000 people live within one mile of the project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.)]; or
(ii) A YouthBuild participant.

COMMUNITY DEVELOPMENT FINANCIAL ASSISTANCE
Employee Residing in Ventura County
Submit with Bid if Box 1 is checked on Section 3 Business Certification or for New Hires Employee Name Date Hired (Month/Date/Year)
Employee Address
I hereby certify that I am a Section 3 Worker based on currently meeting, or meeting when hired within the past five years at least one of the following qualification(s) - check all that apply:

1. I am a low-income resident of the metropolitan area and:

For new hires:

My current annual income is $74,400 or less 2023 Income Limit For employees hired within the last five (5) years, please specify if you met the applicable income requirement for the year in which you were hired (based on previous year income): The five-year period for a worker cannot begin before November 30, 2020; therefore, Section 3 workers and Targeted Section 3 workers hired prior to November 30, 2020, may only be certified beginning November 30, 2020.

Year Hired Applicable Income Limit Income Standard
2022 My annual income for 2021 was $70,250 or less 2021 Income Limit 2021 My annual income for 2020 was $63,250 or less 2020 Income Limit 2020 My annual income for 2019 was $58,600 or less 2019 Income Limit 2019 My annual income for 2018 was $56,800 or less 2018 Income Limit 2018 My annual income for 2017 was $55,950 or less 2017 Income Limit

2. I am a YouthBuild participant.

3. I am a Public Housing Resident.

4. I live in Section 8 Assisted Housing.

Under the penalty of perjury, I certify that the above information is true and correct.

Employee Signature Date
© MDG Associates, Inc. 2023

EMPLOYER CERTIFICATION
Employee Name:

Company Name:

Our company: is a Section 3 Business Concern, or is not a Section 3 Business Concern The above-named employee was hired on:

The above-named employee’s job title is:

If the company is not a Section 3 Business Concern and the specified employee does not meet any of the above criteria for designation as a Section 3 Worker, please complete the following:

SECTION 3 WORKER:

TARGETED SECTION 3 WORKER:

Employer Certification:

Printed Name Title
Signature Date

FOR OFFICE USE ONLY
To be determined eligible as a Section 3 Worker, the worker must currently fit or when hired within the past five years fit at least one of the following categories, as documented:
g. The worker's income for the previous or annualized calendar year is below the income limit established by HUD. h. The worker is employed by a Section 3 business concern. i. The worker is a YouthBuild participant.

To be determined eligible as a Targeted Section 3 Worker, the worker must meet one the following criteria:
i. Be employed by a Section 3 business concern; or
j. Currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project [within one mile of the location of the Section 3 project for which this certification is being submitted (or if fewer than 5,000 people live within one mile of the project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.)]; or
(ii) A YouthBuild participant.

Based on the information contained herein, the worker identified in this certification qualifies as:
a Section 3 Worker
a Targeted Section 3 Worker
Does not qualify as either a Section 3 Worker or a Targeted Section 3 Worker © MDG Associates, Inc. 2023
Section 3 Summary Labor Report
Submit with Final Certified Payroll Report or on July 1st, whichever occurs first.

Project Name
The labor hours reported in this table must include the total number of labor hours worked with Housing and Community Development financial assistance for the above specified project, including labor hours worked by any contractors and subcontractors.

Labor hours for Section 3 Workers and Targeted Section 3 Workers that are classified as professional services are to be reported within their respective columns; however the total professional services labor hours are not to be included in the “All Workers Total Labor Hours Worked” Column.

Labor Hours Report for the Project
funded with Community Development Financial Assistance
Contractors and Subcontractors
List the names of all contractors and subcontractors
performing work on the above specified project.
(attach additional pages, if required)
All Workers
Total Labor
Hours Worked
Section 3
Workers
Total Labor
Hours Worked*
Targeted
Section 3
Workers
Total Labor
Hours Worked
Totals
* Please note that the Section 3 Labor Hours Worked reflected above should also include the Total Labor Hours worked for Targeted Section 3 Workers. This also applies to the Labor Hours Calculation table below for determining compliance with HUD Benchmarks minimums.

Section 3 Summary Labor Report continued on the next page. © MDG Associates, Inc. 2023
Section 3 Labor Hour Calculations
Based on your entries above, please calculate the following labor hour standards for your Housing and Community Development project:

Labor Hour Calculations
Labor Hour Standard Ratio Formula %
2021 HUD
Benchmark
Minimums
Section 3 Workers Section 3 Worker’s Labor Hours ÷ Total Labor Hours 25%
Targeted Section 3
Workers
Targeted Section 3 Worker’s Labor Hours ÷ Total
Labor Hours 5%
Prioritization of Employment and Training, and Contracting Employment and training
I certify that to the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, that we have ensured that employment and training opportunities arising in connection with this Section 3 project are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located.

I certify that where feasible, priority for opportunities and training described in the above paragraph were given to:
a. Section 3 workers residing within the service area or the neighborhood of the project, and
b. Participants in YouthBuild programs.

Contracting
I certify that to the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, that we have ensured that contracts for work awarded in connection with this Section 3 project were provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.

I certify that where feasible, priority for contracting opportunities described in the above paragraph were given to:
a. Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and
b. YouthBuild programs.

Section 3 Summary Labor Report continued on the next page. © MDG Associates, Inc. 2023
If both of your labor hour percentage calculations for Section 3 Workers and Targeted Section 3 Workers are below the respective 2021 HUD Section 3 Benchmarks and you have met all of the prioritization of employment and training, and contracting requirements, please sign the certification below for the information entered above, and complete Section 2 of this form below.

If both of your labor calculation percentages for Section 3 Workers and Targeted Section 3 Workers meet or exceed the 2021 HUD Benchmark minimums, then please sign the certification below:

Under the penalty of perjury, I certify that the above information is true and correct.

Printed Name Title
Signature Date
Section 3 Summary Labor Report continued on the next page. © MDG Associates, Inc. 2023
SECTION 2
Please indicate which of the following qualitative Section 3 compliance activities that you or your subcontractors performed have:

Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers
Provided training or apprenticeship opportunities
Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching)
Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services Held one or more job fairs
Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care)
Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training Assisted Section 3 workers to obtain financial literacy training and/or coaching Engaged in outreach efforts to identify and secure bids from Section 3 business concerns
Provided technical assistance to help Section 3 business concerns understand and bid on contracts
Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns
Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns
Promoted use of business registries designed to create opportunities for disadvantaged and small businesses
Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act Other (please specify):

Other (please specify):

Section 3 Summary Labor Report continued on the next page. © MDG Associates, Inc. 2023
PLEASE attach documentation that supports the performance of the above specified measures by contractors and subcontractors, and sign the certification below:

Under the penalty of perjury, I certify that the above information is true and correct.

Printed Name Title
Signature Date
© MDG Associates, Inc. 2023
EXHIBIT 16
Federal Wage Decision
(Next Page)

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EXHIBIT 17
Build America, Buy America Act (BABA)
Background: The construction services performed pursuant to this contract agreement are subject to the Build America, Buy America Act (BABA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022.

The BABA requirements instituted by the Bipartisan Infrastructure Law of 2021 mandates a domestic preference that all iron and steel, manufactured products, and construction materials are produced in the United States. For the purposes of this contract agreement, the term “Construction Materials shall mean those articles, materials, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that are or consist primarily of: non-ferrous metals, plastic and polymer-based products, glass, lumber or drywall. For the purposes of this contract agreement, the term “Manufactured Product” shall mean all those items assembled out of components, or otherwise made or processed from raw materials into finished products. Manufactured products must be manufactured (assembled) in the United States, and the cost of components that were mined, produced, or manufactured in the United States must be greater than 55 percent of the total cost of all components of the project.

BABA Contract Provisions: The construction services performed pursuant to this contract agreement are subject to the Build America, Buy America Act (BABA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022.

Any request for substitute or “or equal” shall include the Manufacturer’s Certification of compliance with the Build America, Buy America Act (BABA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.

By submitting a bid, Contractor hereby certifies they are familiar with all laws and regulations that may affect cost, progress, and performance of the work, including BABA requirements.

General Requirements:

1. Contractor’s submitted bid price shall reflect compliance with BABA requirements.

2. By submitting a bid, Contractor acknowledges and certifies intent to comply with BABA requirements in all respects.

3. If a specific manufacturer is used in the bidding, a statement that the manufacturer will comply with BABA must be included with the bid submission.

4. The Awarding Body shall review substitutes and “or equals” for conformity with contract conditions, U.S. Department of Housing and Urban Development regulations, and BABA requirements.

5. Engineer/Architect approval of shop drawings or samples shall include review of BABA documentation.
© MDG Associates, Inc. 2023

6. The Awarding Body shall cause to review and / or take action with respect to shop drawings, samples, and other required Contractor submittals, including applications for payment, to ensure compliance with BABA.

7. Installation of materials or products that are not compliant with BABA requirements shall be considered defective work. Contractor should ensure that Engineer/Architect has an approved Manufacturer’s Certification or waiver prior to items being delivered to the project site.

8. For any change orders, Contractor shall provide BABA documentation for any new products or materials required by the change.

9. By submitting an application for payment, based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials, to contractor’s knowledge, are compliant with BABA requirements.

10. Contractor shall comply with BABA requirements, including coordination with manufacturers, distributors, and suppliers to correct deficiencies in any BABA documentation.

11. Contractor shall collect manufacturers’ certifications on compliance with BABA requirements and shall submit such manufacturers’ certifications to the Awarding Body with all applicable submittals.. Manufacturer’s certifications shall be on the manufacturer’s form and shall certify that the items provided by manufacturer meet the domestic preference requirements of BABA. The Awarding Body shall maintain copies of certifications in project files.

12. Subsequent to completion of the project and prior to release of retention funds, Contractor shall supply certifications of compliance to the best of Contractor’s knowledge and belief that all iron and steel products, manufactured products, and construction materials referenced in any technical analysis/report; the plans, specifications, and bidding documents; any bid addenda; and change orders complied with all federal requirements, including BABA. The Awarding Body shall maintain copies of certifications in project files.

13. Contractor shall assist the Awarding Body / Owner, if needed, in due diligence related to any BABA waiver request.

Definitions: Terms not defined in this part shall have the same meaning as provided in 2 CFR part 200, subpart A.

Awarding Body means the entity awarding a construction contract agreement to be paid in whole or in part with federal financial assistance subject to BABA.

Build America, Buy America Act (BABA) means division G, title IX, subtitle A, part I, sections 70901 through 70927 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58).

Buy America Preference means the “domestic content procurement preference” set forth in section 70914 of the Build America, Buy America Act, which requires the head of each Federal agency to ensure that none of the funds made available for a Federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. © MDG Associates, Inc. 2023
Construction materials means articles, materials, or supplies incorporated into an infrastructure project that consist of only one or more of the following materials, except as provided in paragraph (2) of this definition:
(1)
(i) Non-ferrous metals;
(ii) Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); (iii) Glass (including optic glass);
(iv) Fiber optic cable;
(v) Optical fiber;
(vi) Lumber; or
(vii) Drywall.
(2) For an item that consists only of a combination of one or more of the construction materials listed in paragraph (1) of this definition and binding agents, any binding agents shall be disregarded, and each construction material must meet the Buy America Preference standard defined in § 184.6.

Domestic content procurement preference means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless—
(A) all iron and steel used in the project are produced in the United States; (B) the manufactured products used in the project are produced in the United States; or (C) the construction materials used in the project are produced in the United States.

Federal agency means any authority of the United States that is an ‘‘agency’’ (as defined in section 3502 of title 44, United States Code), other than an independent regulatory agency (as defined in that section).

Federal financial assistance
(A)In general. The term ‘‘Federal financial assistance” has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations). (B) Inclusion. The term ‘‘Federal financial assistance’’ includes all expenditures by a Federal agency to a non-Federal entity for an infrastructure project, except that it does not include expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and post disaster or emergency response expenditures.

Financial Assistance Recipients are also known as grantees. Entities (states, counties, cities, and tribes) that receive funds through financial assistance awards under CDBG are financial assistance recipients.
© MDG Associates, Inc. 2023
Infrastructure includes, at a minimum, the structures, facilities, and equipment for, in the United States—
(A) roads, highways, and bridges;
(B) public transportation;
(C) dams, ports, harbors, and other maritime facilities; (D) intercity passenger and freight railroads;
(E) freight and intermodal facilities;
(F) airports;
(G) water systems, including drinking water and wastewater systems; (H) electrical transmission facilities and systems;
(I) utilities;
(J) broadband infrastructure; and
(K) buildings and real property.

Infrastructure project is any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project.

Iron or steel products means articles, materials, or supplies incorporated into an infrastructure project that consist wholly or predominantly of iron, steel, or both.

Manufactured products means articles, materials, or supplies incorporated into an infrastructure project that:
(1) Do not consist wholly or predominantly of iron or steel or both; and (2) Are not categorized as a construction material (as defined in this section).

Produced in the United States means the following, for:
(1) Iron and steel products. All manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) Manufactured products.
(i) The product was manufactured in the United States; and (ii) The cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

The costs of components of a manufactured product are determined according to § 184.5.
© MDG Associates, Inc. 2023
(3) Construction materials. All manufacturing processes for the construction material occurred in the United States. See § 184.6 for more information on the meaning of “all manufacturing processes” for specific construction materials.

Project means the construction, alteration, maintenance, or repair of infrastructure in the United States.

Subgrantee and Subrecipient means a non-Federal entity that expends Federal awards received from a pass-through entity to carry out a Federal program but does not include an individual that is a beneficiary of such a program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.

Subcontractor and or Vendor means a dealer, distributor, merchant, or other seller providing goods or services procured for the conduct of a Federal program. These goods or services may be procured directly by the federal government or by a financial assistance recipient expending federal dollars to execute a federal program.
© MDG Associates, Inc. 2023
Construction Contractor BABA Self-Certification Form
The undersigned acknowledges that the Build America, Buy America Act (BABA) requires that the U.S. Department of Housing and Urban Development will not provide federal financial assistance for “infrastructure” projects “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States” (Section 70914 of Public Law No. 117-58, §§ 70901-52). The undersigned certifies that for the ______________________________________________________________ (Project Name and Location) that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with BABA requirements, including:
• All iron and steel used in the project were produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
• All manufactured products purchased with U.S. Department of Housing and Urban Development financial assistance were produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.
• All construction materials were manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

The Contractor or Subcontractor, _____________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor or Subcontractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
____________________________________________________________________ Signature of Contractor or Subcontractor’s Authorized Official ____________________________________________________________________ Name and Title of Contractor or Subcontractor’s Authorized Official ____________________
Date
CD-1

CONTRACT DOCUMENTS (CD)
ROSECRANS COMMUNITY CENTER –

CHASE BUILDING DEMOLITION PHASE
PROJECT NO. JN 505
To be Submitted
Fourteen (14) Calendar Days
AFTER
Award of Contract
CD-2

CONTRACT DOCUMENT
PROJECT NO. JN 505_

AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 , by and between CITY OF GARDENA in the State of California, hereinafter referred to as “CITY” and , hereinafter referred to as “CONTRACTOR.”
The City and the Contractor mutually agree as follows:

ARTICLE I.

THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees to perform and complete in a good and workmanlike manner all work required by the Contract Documents for City Project No. JN 978 , which is described as follows:

Title: ROSECRANS COMMUNITY CENTER – CHASE BUILDING DEMOLITION PHASE Said work shall be performed in accordance with the Plans, Specifications and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are provided in the Contract Documents to be furnished by City.

This project is subject to Skilled and Trained Workforce Requirements per Sections 2600 through 2603 of the Public Contract Code.

ARTICLE II.

CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

ARTICLE III.

CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire agreement between the City and the Contractor, are enumerated as follows: Proposal Documents, including the Notice Inviting Bids, Instructions to Bidders, Bidding Schedule, Bidder's Declaration, Designation of Subcontractors, Bidder's Assurance, and Fair Employment Practices documents; this Agreement; Standard Specifications; Special Provisions; Technical Provisions; Drawings; Plans; and all addenda issued prior to and all modifications issued after the execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

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ARTICLE IV.

EFFECTIVE DATE
This Agreement shall become effective and commence as of the date set forth below on which the last of the parties, whether City or Contractor, executes said Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized.

CITY CONTRACTOR
By: By:

MAYOR (Sign) Sign / Title

Date: Date:

SEAL
Attest: Attest: (Contractor)
By:

CITY CLERK (Sign) By:

Sign / Title
Date: Date:

APPROVED AS TO FORM:

By:

CITY ATTORNEY (Sign)
Date:

CD-4

CONTRACT DOCUMENT
PROJECT NO. JN 505_

FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Gardena has awarded to ___ _____, hereinafter designated as the "Principal", a Contract for:

PROJECT: ROSECRANS COMMUNITY CENTER – CHASE BUILDING DEMOLITION PHASE WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we,
as Principal, and
as Surety, are held and firmly bound unto the City in the sum of Dollars ($ ), this amount being not
less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

In case suit is brought upon this bond, the Surety will pay all court costs and reasonable attorneys’ fees to the City of Gardena in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.

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This bond shall remain in full force and effect for a warranty period of one full year after acceptance of the job by the City.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 20 , the name
and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. [PRINCIPAL]
By
Title
Signature
[SURETY]
By
Title
Address
Phone No.

Signature
All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

CD-6

CONTRACT DOCUMENT
PROJECT NO. JN 505_

PAYMENT BOND
WHEREAS, the City of Gardena has awarded to , as
Contractor, a contract for the work described as follows:

PROJECT: ROSECRANS COMMUNITY CENTER – CHASE BUILDING DEMOLITION PHASE AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons, as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of ,
Dollars ($ _____ ) this amount being not less than one hundred percent (100%) of the total Contract price, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, or any other amounts due to persons under any applicable project contract or law, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.

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This bond shall remain in full force and effect for six full months after the period in which verified claims may be filed as provided for in Section 3184 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 20 .
[PRINCIPAL]
By
Title
Signature
[SURETY]
By
Title
Address
Phone No.

Signature
All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

CD-8

CONTRACT DOCUMENT
PROJECT NO. JN 505_

WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of the Contract.

DATED:

CONTRACTOR
By
Signature

Title
ATTEST:

By
Signature

Title
CD-9

CONTRACT DOCUMENT
PROJECT NO. JN 505_

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

AND WAIVER OF SUBROGATION AND CONTRIBUTION

ROSECRANS COMMUNITY CENTER
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Gardena, State of California and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision.

Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Company/Contractor
Name & Title
Signature & Date
CD-10

CONTRACT DOCUMENT
PROJECT NO. JN 505_

INSURANCE

CERTIFICATION OF INSURANCE (COI) SHALL BE SUBMITTED BY THE CONTRACTOR

1. COMMENCEMENT OF WORK. Contractor shall not be authorized to commence Work under this Contract until it has obtained approved insurance. Before beginning Work hereunder, during the entire period of this Contract, for any extensions hereto, and for periods after the end of this Contract as may be indicated below, Contractor must have and maintain in place not less than the insurance coverages required in this Section at his sole cost and expense. Contractor’s insurance shall comply with all items specified by this Contract. Any subcontractors shall be subject to all of the requirements of this Section and Contractor shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Contractor’s insurance may cover all subcontractors. The insurance requirements are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Contract.

2. INSURANCE COMPANY REQUIREMENTS. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.

3. COVERAGES, LIMITS AND POLICY REQUIREMENTS. Contractor shall maintain the types of coverages indicated below:

4. COMPREHENSIVE GENERAL LIABILITY INSURANCE. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either one million dollars ($1,000,000) per occurrence or two million dollars ($2,000,000) aggregate.

5. COMMERCIAL AUTO LIABILITY INSURANCE. A policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City. The minimum auto insurance coverage shall be one million dollars ($1,000,000) combined single limit per accident.

6. WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE. A policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars ($1,000,000) per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

In accordance with the provisions of section 1860 of the California Labor Code, Contractor's attention is directed to the requirement that in accordance with the provisions of section 3700 of the California Labor Code, Contractor and every subcontractor will be required to secure the payment of compensation of his or her employees, or obtain a certificate of CD-11
consent to self-insurance by the Director of Industrial Relations in accordance with the requirements of Section 3700 of the California Labor Code.

In accordance with the provisions of section 1861 of the California Labor Code, Contractor shall sign and file with the awarding body the following certification prior to performing any work on the Project:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

7. POLICY REQUIREMENTS. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
(i) City, State and its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy as respects liabilities arising out of the performance of any work done under the Contract. (ii) The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancellation, non-renewal or material change in coverage.
(iii) For any claims with respect to the Project covered by this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, State and its elected and appointed officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, State and its elected and appointed officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not contribute with it. (iv) The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

8. COURSE OF CONSTRUCTION INSURANCE. Contractor shall provide course of construction insurance covering for “all risks” of loss in the amount of the completed value of the Work. The City shall be named as a loss payee and the insurer shall waive all rights of subrogation against the City. This policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled until thirty (30) days written notice, return receipt requested, is mailed to the City. Course of Construction Insurance may be provided for each separate Phase.

9. ADDITIONAL REQUIREMENTS. The procuring of required insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract. City shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Contractor shall be deemed in default hereunder.

10.DEDUCTIBLES. Any deductible or self-insured retentions must be declared to and approved by City. Contractor shall guarantee that, at the option of the City, either: the insurer shall eliminate or reduce such deductibles or self-insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Contractor); or Contractor shall provide satisfactory financial guarantee for payment CD-12
of losses and related investigations, claim administration and defense expenses in the amount of any deductibles or self-insured retentions.

11.VERIFICATION OF COMPLIANCE. Contractor shall furnish City with the required endorsements attached hereto. All documents are to be received and approved by City before Work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Contract, Contractor shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Contractor shall provide full copies of any requested policies to City within three (3) days of any such request by City.

12.TERMINATION FOR LACK OF REQUIRED COVERAGE. If Contractor, for any reason, fails to have in place, at all times during the term of this Contract, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Contractor’s expense and/or terminate this Contract. Contractor shall indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents and volunteers from any claim resulting from failure of either Contractor or any subcontractor to take out or maintain any insurance required by this Contract.

13.EQUIPMENT COVERAGE. Any policy or policies of insurance Contractor or his subcontractors elect to carry as insurance against loss or damage to construction equipment and tools or other personal property shall include a provision waiving the insurer’s right of subrogation against City.

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GENERAL PROVISIONS
ROSECRANS COMMUNITY CENTER –

CHASE BUILDING DEMOLITION PHASE
PROJECT NO. JN 505
PART 1 – GENERAL PROVISIONS
SECTION 1 – GENERAL
1-1 GENERAL. The Standard Specifications for Public Works Construction (“Greenbook”) written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California shall be the Standard Specifications of the City. All work shall conform to the 2021 edition, including supplements of the Standard Specifications, the Special Provisions which supplement or modify the Standard Specifications, and the Standard Drawings as issued by the City (defined herein as “Agency”) available at the time bids are opened unless otherwise specified in the Contract Documents.

The above referenced Standard Specifications, Special Provisions and Standard Drawings are hereby made a part of the Contract Documents.

For the convenience of the Contractor, the section and subsection numbering system used in these Special Provisions corresponds to that used in the Standard Specifications. 1-2 TERMS AND DEFINITIONS. Whenever in the Standard Specification the following terms are used, they shall be understood to mean and refer to the following:
(a) AGENCY The City of Gardena, a California municipal corporation. (b) BOARD The City Council of the City of Gardena
(c) CONTRACT Documents including but not limited to the proposal forms, DOCUMENTS Standard “Greenbook” Specifications, Special Provisions, Technical Provisions, Notice Inviting Bids, Instructions to Bidders, Bonds, Insurance, Contract and all Addenda
setting forth any modifications of the documents.
(d) ENGINEER The City of Gardena Director of Public Works/City Engineer or his authorized representative.
(e) BIDDER An individual, co-partnership, association or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
(f) LEGAL ADDRESS The legal address of the Contractor to be the address OF CONTRACTOR given on the Contractor’s bid and is hereby designated as the place to which all notices, letters or other
communications to the Contractor shall be mailed or
delivered.
(g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract.

GP-2
1-7 AWARD AND EXECUTION OF THE CONTRACT.
1-7.1 General. The proposal shall be fully executed and submitted on the forms provided by the Agency and shall be enclosed in a sealed envelope marked and addressed as directed in the “Notice Inviting Bids”.

If the proposal is made by an individual, it shall be signed and his or her full name and address shall be given; if it is made by a firm it shall be signed with co-partnership name by a general partner thereof, who shall also sign his or her known name, and the name and address of each member of such co-partnership shall be given; if made by a corporation, the name of the corporation shall be signed by its duly authorized officers and attested by the corporate seal.

Bidders are warned against making erasures or alterations of any kind on their Proposal.

Proposals which contain omissions, erasures, alterations, conditions or additions not called for may be rejected.

At the time the Contract is awarded by the Agency, the Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work required by this Contract. 1-7.2 Contract Bonds. The “Performance Bond” is equivalent to City’s “Faithful Performance Bond”.
1-7.3 Examination of Plans, Specifications and Project Site. Bidders shall read the specifications, review the drawings and examine the existing facilities to fully understand the project in order to plan for the improvements as shown in the contract, including local condition, uncertainty of weather and all other contingencies.

Bidders shall satisfy themselves by personal examination of the proposed work sites, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Proposal forms. Information derived from the maps, plans, specifications, profiles, drawings, or from the Engineer/Architect of the record, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the Agency. 1-7.4 Interpretation of Drawings and Documents. If a prospective bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, he may submit to the Engineer a written request for an interpretation or a correction thereof. Interpretations or corrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be sent by certified mail, postage prepaid, or delivered to each person receiving a set of the Contract Documents whose address is known to the Engineer and such addendum shall be considered a part of and incorporated in the Contract Documents. 1-7.5 Award of Contract. After the Proposals have been publicly opened and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein.

The Agency reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received.

Bids subsequently shown to be mathematically unbalanced would be rejected as nonresponsive.

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A mathematically unbalanced bid is one containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, which he/she anticipates for the performance of the items in question.
“A bid is mathematically unbalanced if the bid is structured on the basis of nominal prices for some work and inflated prices for other work; that is, each element of the bid must carry its proportionate share of the total cost of the work plus profits.” “A bid is materially unbalanced if there is a reasonable doubt that award to the bidder submitting the mathematically unbalanced bid will result in the lowest ultimate cost to the Government.

Consequently, a materially unbalanced bid may not be accepted.” Award of the Contract, if it be awarded, will ordinarily be made by the Agency within 30 days after opening of the bids. Award will be made to the lowest responsive responsible bidder.

In selecting the lowest responsive responsible bidder, consideration will be given to the general competency of the bidder for the performance of the work covered by the proposal. To receive favorable consideration, a bidder may be required to present evidence that he has successfully performed similar work of comparable magnitude or submit other evidence satisfactory to the Agency that he or his associates are competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements. A showing of adequate financial resources may be required but will not alone determine whether a bidder is competent to undertake the proposed work.

Only manufacturers or contractors of established reputation, or their duly authorized dealers or agency, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the contract, will be considered in making the award.
1-7.6 Execution of Contract. A bidder whose proposal is accepted shall properly sign a written contract with the Agency on the form attached hereto and return said contract together with good and approved bonds and insurance certificates as required by the Contract Documents within fourteen (14) calendar days from the date of the mailing of a notice from the Agency to the bidder, according to the address given by him, of acceptance of his proposal.

Contract bonds and certificates of insurance, if required, shall be filed in all instances before delivering any equipment, materials, or performing any work under the contract; also before any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified.

If a bidder whose proposal is accepted fails or refuses to enter into a contract as herein provided, or to conform to any stipulated requirement in connection therewith, the money represented by his check or bidder’s bond shall be refunded less the difference between the low bid and the bid of the bidder with whom the Agency enters into an agreement in accordance with the provisions of the Public Contracts Code Section 20174. At the discretion of the Agency, an award may be made to the bidder whose proposal is next most acceptable to the Agency, and such bidder and his surety shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made.

A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate existence, of its right to do business in California and of the authority of the officer signing the contract and bonds for the corporation to so sign. 1-7.7 Return of Proposal and Guarantee. The check or bond of a bidder to whom the GP-4
contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The checks or bid bonds of the second and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly executed all of the required Contract Documents. Check or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of forty-five (45) days from the date of opening bids.
1-7.8 Precedence of Contract Documents. The order of precedence of contract document shall be:

FIRST Requirements of law, including the Code and Ordinances of the City of Gardena.

SECOND Permits from other agencies as may be required by law.

THIRD Permits from City of Gardena Departments as may be required by law or ordinance.

FOURTH The Contract.

FIFTH The Bid Proposal.

SIXTH Addenda.

SEVENTH Notice Inviting Bids.

EIGHTH Instructions to Bidders.

NINTH Technical Provisions.

TENTH Plans.

ELEVENTH General Provisions of the Standard Specifications.

TWELFTH Standard Plans.

THIRTEENTH Standard Specifications for Public Works Construction (current edition).

FOURTEENTH Caltrans Standard Plans and Specifications.

FIFTEENTH Reference Specifications.

Change orders, supplemental agreements and approved revisions to Plans and Specifications will take precedence over documents listed above, except those listed as FIRST, SECOND and THIRD. Detailed plans shall have precedence over general plans.

SECTION 2 – SCOPE OF THE WORK
2-2 PERMITS. The Contractor shall obtain, at no cost to the Agency, all permits necessary to perform the work on streets, highways, railways or other rights-of-ways. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to those permits required for night work, overload, blasting and demolition. For private contracts, the Contractor shall obtain all permits incidental to the work or made necessary by its GP-5
operations, and pay all costs incurred by the permit requirements.

The Contractor and each subcontractor employed upon the work must have or obtain a valid City of Gardena Business License in accordance with the provisions of the Gardena Municipal Code.

The project is subject to demolition and grading permits from the City of Gardena Community Development Department (Contact Numbers at 310.217.9527 or 310.217.9593) and costs will be borne by the Contractor.

2.10 DISPUTED WORK.

2.10.1 Retention of Imperfect Work. If any portion of the work done or materials furnished under the contract proves defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work is impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make deductions therefor in the payment of the contract item due Contractor as may be just and reasonable. 2-11. DISPUTE RESOLUTION.
2-11.1 Requests for Contract Adjustments and Relief. If either Contractor or the Agency believes that it is entitled to relief against the other for any event arising out of or related to the work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in the applicable sections of this Contract.

In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed fourteen (14) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 2-11.2 Dispute Avoidance and Resolution. The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Contractor and the Agency each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the work under the Contract.

Contractor and the Agency will first attempt to resolve disputes or disagreements at the field level through discussions between Contractor’s Representative and the Engineer.

If a dispute or disagreement cannot be resolved through the Contractor’s Representative and the Engineer, Contractor’s Chief Executive Officer or similar senior representative and the Gardena City Manager, or designee, upon the request of the other party, shall meet as soon as conveniently possible, but in no case later than twenty (20) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meeting between the parties’ senior representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement.

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If, after meeting, the senior representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties may submit the dispute to binding or non-binding mediation. The mediation shall be conducted in any manner and by any person or mediation association mutually acceptable to the parties. 2-11.3 Arbitration. Any claims, disputes or controversies between the parties arising out of or relating to the Contract, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 9-4.2 above may be decided by binding or non-binding arbitration. The arbitration shall be conducted in any manner and by any person or arbitration association mutually acceptable to the parties.
2-11.4 Claims Disputes. Any claims of Contractor, as “claims” are defined in California Public Contract Code Section 9204 shall be processed in accordance with that section. Section 9204 provides in relevant part that upon receiving a claim from a contractor, together with reasonable documentation to support the claim, a contracting public entity shall conduct a reasonable review of the claim and, within a period not to exceed 45 days [except as otherwise provided in Section 9204], shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, Section 9-4.3 shall apply. If the contractor disputes the public entity’s written response, or if the public entity fails to respond to a claim within the time prescribed, the contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the contractor sharing the associated costs equally. The public entity and contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to other applicable procedures.
2-13 DRAWINGS AND SPECIFICATIONS (“RECORD” DRAWINGS). At all times, the Contractor shall maintain at the project a “Record” set of Drawings and Specifications to include all executed addenda, change orders, and field orders.

Prior to each progress payment the Contractor shall deliver to the Engineer, a set of contract drawings with all applicable “as constructed” notes placed/recorded thereon. Failure to provide “as constructed” plans will cause progress payment to be withheld until information is provided to City.

After completion of the work and before final payment, the Contractor shall deliver to the GP-7
Engineer a complete set of contract drawings with all applicable “as constructed” noted placed/record thereon. The final form and detail of these as constructed plans are subject to the acceptance of the Engineer.
2-14 MARKING REMOVAL. All markings placed by the Contractor, City, and Underground Service Alert (USA) during construction shall be removed at the completion of the work. These markings shall include, but not limited to, paint, stakes, and metal tags.

All cost associated with removal of markings shall be included in the bid prices for the applicable bid items. Failure of the Contractor to remove these markings shall be cause for the City to do the work and withhold the costs from the Contractor’s final payment.

SECTION 3 – CONTROL OF THE WORK
3-5 INSPECTION. Inspection shall be made once a day for areas ready for inspection. Areas or items that fail inspection or that are not ready for inspection shall be rescheduled by the contractor.

Inspection of the work shall not relieve the contractor of the obligation to fulfill all conditions and requirements of the contract.
3-6 THE CONTRACTOR’S REPRESENTATIVE. The Contractor shall furnish the Engineer with the name, address and cell/ business/home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices. 3-10 SURVEYING.
3-10.3 Line and Grade. Unless otherwise provided in the Technical Provisions, establishing lines and grades for construction shall be the responsibility of the Contractor, with the following provisions:

All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be performed on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved.

The Contractor shall provide a copy of the office calculations and grade sheets to the Agency’s Inspector. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer within 24 hours of any discrepancies or design errors discovered during staking.

Unless a separate bid item is provided, the payment for surveying, construction staking, professional services, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed therefor. 3-10.4 Permanent Survey Markers. The Contractor is required to locate and tie out survey monuments in the project area prior to construction involving street and highways, or City public right of way and to file with the County Surveyor a Corner Record of any such work. Prior to final payment and the issuance of a completion certificate, the Contractor is required to file a Corner Record for survey monumentation that is replaced. All such survey work shall be performed under the supervision of a California licensed Land Surveyor or a Civil Engineer authorized to perform such work.

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The Contractor shall provide the Agency a copy of the office calculations and documents submitted to the County for filing in connection with the aforementioned work.

The payment for surveying, related professional services, office calculation, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed therefor.
3-12 WORK SITE MAINTENANCE.
3-12.1 General. The Contractor shall keep the work site clean and free from rubbish and debris.

The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water in keeping with the AQMD and NPDES requirements. Debris, soil or other matter shall not be washed into storm drains but shall be collected and disposed of in a legal, responsible manner.

The construction area shall be cleaned with a power sweeper at the end of every workday and when deemed necessary by the Engineer.

The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Use temporary sandbags to control the site perimeter. At the completion of the project sandbags shall become the property of the City of Gardena and shall be remain in place.

The Contractor shall not spill on haul routes. Any such spillage shall be removed immediately and the area cleaned.

Stockpiling of construction materials or debris on City right-of-way shall be in accordance with the NPDES permit and shall be approved by the inspector. At the completion of work, the Contractor shall thoroughly clean all work areas.
3-12.2 Air Pollution and Surface Maintenance Control. The Contractor shall obtain a construction water meter from Golden State Water including required deposit and fees. The Contractor shall pay for the water used, at the current water rates. All arrangements for construction water shall be made by contractor with Golden State Water at Contractor expense.

It is the responsibility of the contractor to provide protection for persons and property during the demolition activity of nearby structures. Thus, it is critical for the contractor to maintain a sufficient water supply for dust control and proper construction fencing and fabric around the site perimeter per plan.
3-12.4.Storage of Equipment and Material.
3-12.4.1 General. All costs associated with the disposal of all excavated or demolition materials, including any gate fees, shall be paid by the Contractor. These costs shall be included in the bid price for the applicable bid items.

Prior to any excavated or demolition material being removed from the construction site the Contractor shall notify the City as to the hauling route and destination for disposal. If the location for disposal is other than a county landfill then the Contractor shall provide the City with written permission and release of liability for the City from the owner of the property where the material will be deposited.

The City has an exclusive agreement with Waste Resources, Inc. and no other firm may provide bulk trash bins in the event the work requires this service. 3-12.4.2 Storage in Public Streets. Construction equipment shall not be stored at the GP-9
construction site, any public street or publicly owned facilities without approval of the City.

Contractor shall store equipment at a contractor’s rental yard.

All excavated material that is to be hauled to and disposed of at a County landfill site by the Contractor is subject to a County gate fee based on tonnage. 3-12.5.4 Protection and Restoration of Existing Improvements. Any facilities, structures, water lines, landscaping, surfaces, signs, pavement markings, painted curbs, house numbers, etc., which are damaged during construction shall be restored to the satisfaction of the City. Damaged water lines shall be repaired immediately at no additional cost to the city. 3-12.5.5 Access to Private Property. The Contractor shall be aware that business and residential access must be maintained at all times. The Contractor shall schedule operations to minimize interference with access to private property.

The main access way to any business or home shall not be completely blocked for more than one four-hour period a day except blockage shall be limited to one twenty-four (24) hour period when concrete is poured.

Temporary access ways shall be provided from the street to the main access way of all businesses and homes by use of traffic rated steel plates or any other method approved by the city.

Payment for this item shall be included in the applicable contract work item. 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.3 Warranty. In addition to the guarantees as required in Section 1-7.2 and 3-13.3 of the Standard Specifications, the Faithful Performance Bond shall remain in full force and effect for a period of one year after acceptance of the work by the Agency to insure that defects, which may appear within said period, will be repaired, replaced, or corrected by the Contractor, at his own cost and expense, to the satisfaction of the Engineer within thirty (30) days after written notice thereof by the Agency.

SECTION 4 – CONTROL OF MATERIAL
4-1 GENERAL.
4-1.1 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier.

The Contractor warrants clear and good title to all materials, supplies and equipment installed and incorporated in the work, and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him to the Agency free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon; provided, that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Agency.

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The provisions of this section shall be inserted in all subcontractor’s and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into regarding such materials.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBLITIES
5-4 INSURANCE. In lieu of Section 5-4 of the Standard Specifications, refer to the City Contract Documents Section, CD-10, for detail requirements. 5-5 ANTITRUST CLAIMS. By entry into this Contract, Contractor hereby acknowledges the terms of Section 7103.5 of the Public Contract Code and hereby offers and agrees to assign to the Agency all rights, title and interest in all causes of action it may have as outlined above. 5-7 SAFETY.
5-7.4 Hazardous Substances. As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify the Agency of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by the Agency; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, the Agency shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the Contract but shall retain all rights provided by the Contract and by law for making protests and resolving the dispute. 5-7.4.1Edison Energized Conductors. Contractor hereby promises and agrees that in the performance of the work specified in this Contract, it will employ and utilized only qualified persons, as hereinafter defined, to work in proximity to Edison’s secondary, primary and transmission facilities. The term “qualified person” is defined in Title 8, California Administrative Code, Section 2700, as follows:
“Qualified Person: A person who by reason of experience or instruction is familiar with the operation to be performed and the hazards involved.” Contractor further promises and agrees that the provisions of this section shall be and are binding upon any subcontractor or subcontractors that may be retained by it, and that Contractor shall take such steps as are necessary to assure compliance by said subcontractor or subcontractors with the requirements of this section. 5-7.4.2Emergency Provisions. Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.

Whenever, in the opinion of the Agency, an emergency exists of which the Agency is aware and against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the Agency, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or GP-11
prevent likely loss of human life or damage on account of the operations under the Contract, then in that event the Agency may provide suitable protection to said interests by causing such work to be done and material to be furnished, as in the opinion of the Agency may seem reasonable and necessary, all at the expense of the Contractor.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule. The Contractor’s proposed construction schedule shall be submitted to the Engineer within fourteen (14) calendar days after the date of the contract execution. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

The Contractor shall include in his bid all costs to perform the work under this contract in stages.

The Contractor shall begin and complete work in each stage prior to starting work in subsequent stages unless previous permission is obtained from the Engineer. The contractor shall stage the work to allow parking on the next adjacent streets. Restricting parking on multiple adjoining streets shall require approval of the engineer.
6-1.2 Commencement of the Work. City may establish a Notice to Proceed (NTP) date no later than thirty (30) calendar days after the date of the contract execution. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods and clarify inspection procedures.

The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Public Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work.

The Contractor shall also notify the City of Gardena and the owners of all utilities and substructures within the Project area not less than 48 hours prior to starting construction. The following utility companies list of names and telephone numbers is intended for the convenience of the contractor and is not guaranteed to be complete or correct:

COMPANY CONTACT TELEPHONE NO.

Southern California Edison Joshua Remijio 562.756.3241
Southern California Gas Melissa Fukunaga: Tech Services Planning: Attn - Lead Planner
213.231.7281
AT&T Terence Little 626.817.4252
Craig Chinen 310.408.4518
Gardena Police Dispatch 310.3237911
L.A. County Fire Dept. 310.323.7911
Charter Communications Jose Ortiz 310.429.3459
Crown Castle Hector Aguilera 951.454.5111
Waste Resources of Gardena Lorena Rodriguez 310.366.7600 Golden State Water Co. Conde Ventura 310.436.6950 x107
Joseph Salcido 310.660.0320 x101
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L.A. County Flood Control Daryll Chenoweth 626.458.3129 L.A. Sanitation District Jon Ganz 562.908.4288
Metropolitan Water District Civil Eng. Substructures Section 213.217.7059 Chevron Pipeline Dave Zerler 310.669.4014
Underground Service Alert 800.422.4133
The Contractor shall submit periodic Progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.
6-1.3 Working Day. The Contractor’s working hours shall be limited to the hours between 7:30 A.M. and 4:30 P.M., Monday through Friday except holidays. No work which will cause loud or disruptive noise to adjacent residents and “No Parking” enforcement shall begin prior to 8:00 a.m. nor terminate later than 4:30 p.m. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection.

If the Contractor works beyond the allowed working hours without prior written approval from the Engineer, the Contractor may be charged Five Hundred ($500) for each occurrence as required by the Engineer. The amount will be deducted from a progress payment or bond.

Contractor hereby acknowledges and shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day’s work. Contractor shall pay to the Agency a penalty of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The service fees will be deducted from any amounts due to the Contractor.
6-1.4 Notice and Service Thereof. Any notice required or given by one party to the other under the contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:

Notice shall be given to the Agency by personal delivery thereof to the City of Gardena Engineer or by depositing the same in the United States mail enclosed in a sealed envelope, registered and with postage prepaid, addressed to:

Public Works Department
City of Gardena
1717 W. 162nd Street
Gardena, CA 90247-3778
Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his GP-13
authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Contract, postage prepaid and registered.

Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered.

Notification of Property Owners and Tenants - The Contractor shall notify each property owner and/or tenant in the project area (See Appendix D) in writing ten (10) working days prior to the start of construction. Additionally, the second letter to be notified 72 hours prior to the building demolition. If pedestrian or vehicular access to private property is to be blocked, the Contractor shall again notify each property owner and/or tenant in writing five (5) working days prior to construction activities. The Contractor shall provide additional notices when a lapse time occurs during each phase/segment work.

The written notice shall be submitted to the Engineer for approval prior to being delivered.
6-2 PROSECUTION OF THE WORK.

6-2.1 Contractor’s Responsibility for Work. Until the formal acceptance of the work by the Agency, the Contractor shall have the charge and care thereof and shall, subject to the insurance protection furnished in accordance with the Section 1-7.6 and 5-4 hereof, bear the risk of accident, loss or damage to any part thereof by action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and otherwise correct damages to any portion of the work occasioned by any of the above causes before its acceptance.

In case of suspension of work from any cause whatsoever, the Contractor shall be responsible for all materials and the proper temporary storage thereof. 6-3 TIME OF COMPLETION.
6-3.1 General. The contract time shall begin per the City’s written notification. Work must be completed within working days specified for the project. In addition, the Contractor shall notify the City 24 hours in advance of the actual commencement of work.

No work shall be undertaken during the City’s holiday closures. It is the Contractor’s responsibility to determine the City’s closure dates.
6-9 LIQUDATED DAMAGES. The amount of liquidated damages is hereby amended to $1,000 for each consecutive calendar day.

SECTION 7 – MEASUREMENT AND PAYMENT
7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
7-1.2 Method of Measure. The quantities shown on the Bid Schedule are approximate only. The Contractor will be paid for the actual quantities of work based on approved field measurements as provided for in these Specifications. The City reserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in GP-14
accordance with the Specifications. Additional bid item work shall be completed within the total working days in these specifications. Additional working days maybe allowed with the approval of the engineer.
7-3 PAYMENT.
7-3.2 Partial and Final Payment. The Engineer will authorize monthly partial/progress payments per Section 7-3.2 of the Standard Specifications. Contractor’s monthly invoice shall be submitted on company letterhead. Each invoice submitted shall include: project name, date of invoice, progress payment number, and purchase order number. All bid items shall be included on each invoice and include unit, unit price bid, original quantity, amount, previous payment quantity and amount, current invoice payment quantity and amount, total project payment quantity and amount. In addition, any approved change orders shall be listed on invoice. Payment to Contractor typically takes 30 days from submittal of approved invoice.

However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents.
7-3.3 Delivered Materials. The City will NOT honor or make any progress payments for materials ordered and delivered to the job site by the Contractor unless prior approval is obtained from the Engineer.
7-4 PAYMENT FOR EXTRA WORK.
7-4.3 EXTRA WORK. When work is performed on a "time and materials" basis, the following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits:
1) Labor .........................................................20 2) Materials ......................................................... 15 3) Equipment Rental .......................................................15 4) Other Items and Expenditures....................................15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.

When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
8-2 FIELD OFFICE FACILITIES. The Contractor shall provide the class of field office indicated below:

Class "A" Class "B" Class "C"
In the event none of the boxes are marked above, no specific field office will be required, and the use therefor of any field office will be at the Contractor's discretion. The location of any field office shall be as provided on the plans, in these Specifications or as designated by the Engineer.

END OF GENERAL PROVISIONS
DOCUMENT 000102

TABLE OF CONTENTS
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 000102 - 1

INTRODUCTORY INFORMATION
Document 000102 Table of Contents

SCHEDULE, CLAUSES AND ATTACHMENTS, AND SOLICITATION

REQUIREMENTS
Issued separately by the City

SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
Section 01 1000 Summary of Work
Section 01 2976 Progress Payment Procedures
Section 01 3300 Submittal Procedures
Section 01 3543 Environmental Procedures
Section 01 4000 Quality Requirements
Section 01 5000 Temporary Facilities and Controls
Section 01 7300 Execution
Section 01 7419 Construction Waste Management Disposal
Section 01 7700 Closeout Procedures
Appendix A Construction and Demolition Waste Management Plan See Appendix A at the end of these specifications for the City of Gardena Plan
Appendix B Asbestos Containing Report and Lead-Based Paint Report dated August 12, 2021
Appendix C Soils Report dated February 23, 2023
DIVISION 2 – EXISTING CONDITIONS
Section 02 4113 Site Demolition
Section 02 4119 Selective Structure Demolition
Section 02 8200 Asbestos Related Demolition Work
Section 02 8333 Lead Abatement Lead Related Construction Work DIVISION 3 – CONCRETE – NOT USED
DIVISION 4 – MASONRY – NOT USED
DIVISION 5 – METALS – NOT USED
DIVISION 6 – WOOD, PLASTICS, AND COMPOSITES – NOT USED
DIVISION 7 - THERMAL AND MOISTURE PROTECTION – NOT USED DIVISION 8 - OPENINGS – NOT USED
DIVISION 9 – FINISHES – NOT USED
DIVISION 10 - SPECIALTIES – NOT USED
DIVISION 11 – EQUIPMENT – NOT USED
DIVISION 12 – FURNISHINGS – NOT USED
DIVISION 13 - SPECIAL CONSTRUCTION – NOT USED
DIVISION 14 - CONVEYING EQUIPMENT – NOT USED
TP-1
DOCUMENT 000102

TABLE OF CONTENTS
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 000102 - 2 DIVISION 21 – FIRE SUPPRESSION – NOT USED
DIVISION 22 – PLUMBING – NOT USED
DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING – NOT USED DIVISION 25 – INTEGRATED AUTOMATION – NOT USED
DIVISION 26 – ELECTRICAL – NOT USED
DIVISION 27 – COMMUNICATIONS – NOT USED
DIVISION 28 – ELECTRONIC SAFETY AND SECURITY – NOT USED DIVISION 31 – EARTHWORK
Section 31 1000 Site Clearing
Section 31 2316 Excavation Fill Paving
DIVISION 32 – EXTERIOR IMPROVEMENTS – NOT USED
DIVISION 33 – UTILITIES – NOT USED

END OF DOCUMENT
TP-2
SECTION 01 1000

SUMMARY OF WORK
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 1000 - 1

GENERAL

1.1 SCOPE
A. The Contractor shall provide all materials, labor, tools, plant, supplies, equipment, transportation, superintendence, temporary construction of every nature, and all other services and facilities necessary to complete the demolition of the existing Building, and demolition of adjacent site pavement, stairs, landscape/irrigation, trees, monumental signage w/ footing, parking tire stops and asbestos & lead abatement including all incidental work described in the contract documents.

B. The scope of work is contained in the contract documents.

C. The scope of work includes, but is not limited to the following:

1. Remove existing fence/gate, post, and associated footing and dispose.

2. Sawcut and remove existing concrete slab, concrete stairs, OR pad, and concrete curbs and dispose.

3. Remove existing trees and root ball and dispose.

4. Remove existing landscape/irrigation lines and cap at limits of demolition and dispose.

5. Remove existing utilities such as gas, electricity, water, sewer, and or appurtenance and coordinate removal with the utility company. Provide plug/cap to existing water line at the meter box and to existing sewer line and document their point of connection.

6. Remove all light poles, electrical conduits, J-boxes, conductors, etc. and cap.

7. Remove all existing walls, bollards, and associated footing and dispose.

8. Remove all existing parking tire stops at parking lot and dispose.

9. Demolish and remove entire building structure envelope, foundations, slabs, subterranean pits and dispose.

D. All work shall be in accordance with applicable codes and local regulations that may apply. In case of conflict in or between the Contract Documents and a governing code or ordinance, the more stringent standard as determined by the Engineer shall apply.

1.2 MISCELLANEOUS CONTRACT EXPENSES
A. The Contractor must include in its bid Schedule, Bp-2, the cost fees unless otherwise stated in the General Requirements. Contractor will be required to obtain building permits from the City’s Building Department as this is a City Public Works Project. (General provisions, Section 2-2 Permits).

PART 2 - PRODUCTS (Not used)
TP-3
SECTION 01 1000

SUMMARY OF WORK
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 1000 - 2 PART 3 - EXECUTIONI (Not used)

END OF SECTION
TP-4
SECTION 01 2976

PROGRESS PAYMENT PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 2976 - 1 (Reference to general provisions, section 7-measurement and payments) PART 1 - GENERAL

1.1 SECTION INCLUDES:

A. This Section specifies administrative and procedural requirements for a certified Application for Payment.

1. Coordinate the certified Schedule of Values and certified Application for Payment with, but not limited to, the Construction Schedule, submittal log, and list of Subcontractors.

1.0 RELATED REQUIREMENTS:

E. Section 01 3300: Submittal Procedures.

F. Section 01 7700: Contract Closeout.

PART 2 - PRODUCTS (Not used)
PART 3 - EXECUTION

3.1 APPLICATION FOR PAYMENT
A. Each certified Application for Payment shall be consistent with previous applications and payments as reviewed by ARCHITECT, paid for by OWNER, and:

1. The initial Application for Payment and Final Application for Payment at time of Substantial Completion involve additional requirements.

B. Payment Application Times: The period of Work covered by each Application for Payment is payment date for each progress payment as specified in the General Conditions. The period covered by each Application for Payment is previous month.

C. Payment Application Forms: Use OWNER provided forms for the Application for Payment.

D. Application Preparation: Complete every entry on the form. Include execution by a person authorized to sign legal documents on behalf of CONTRACTOR. ARCHITECT will return incomplete applications without action.

TP-5
SECTION 01 2976

PROGRESS PAYMENT PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 2976 - 2 E. Transmittal: Submit electronic signed and certified Application for Payment to the city. All copies shall be complete, including releases and similar attachments.

1. Transmit each copy with a transmittal form listing attachments and recording appropriate information related to the application, in a manner acceptable to the City.

H. Final Application for Payment at Substantial Completion: Following issuance of certificate of Substantial Completion, submit an Application for Payment:

1. Administrative actions, submittals and/or Work that shall precede or coincide with this application include:
a. Occupancy permits and similar approvals by authorities having legal jurisdiction over Work.
b. Removal of temporary facilities and services. Except for the construction fences
c. Testing, adjusting and balance records.
d. Removal of surplus materials, rubbish, and similar elements. e. Meter readings.
f. Start-up performance reports.
g. Final cleaning.
h. Ensure that Work is completed.
i. Advise on shifting insurance coverage.
j. List of defective Work, recognized as exceptions to certificate of Substantial Completion.
k. Change of door locks, including keys, to OWNER system. l. Certified Payroll (submitted directly to Labor Compliance in electronic format as specified by the OWNER including hard copy).
m. Certification that all benefit contributions due and owing to appropriate union trusts has been paid by CONTRACTOR
and Subcontractors, as specified by the Project Stabilization Agreement (PSA) and Article 6.49 of the General Conditions.

TP-6
SECTION 01 2976

PROGRESS PAYMENT PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 2976 - 3 s. Storm Water Pollution Prevention – Termination (NOT) (see Section 01 7416).
t. Certification of Compliance with CEQA Mitigations.
u. Waivers and releases for CONTRACTOR.

Each bid item on the Bid Schedule shall be at the contract lump sum price, and shall be full compensation for all labor, materials, tools, equipment and incidentals for completion of entire direct and indirect work specified and related to the project.

Contractor shall provide Schedule of Values prior to pre-construction meeting.

END OF SECTION
TP-7
SECTION 01 3300

SUBMITTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3300 - 1 PART 1 - GENERAL

1.1 Schedule of Submittals in additional to GREENBOOK General Provisions, Section 3-8.

A. Prior to pre-construction meeting, the Contractor must submit a Schedule of Submittals, in the format indicated below, in duplicate, listing all items that must be furnished for review and approval by the Engineer. The schedule must indicate the type of items (such as sample, shop drawings, catalog cut, and so forth) and include the scheduled dates of submittal. In preparing the schedule, adequate time (10 days or more exclusive of time in the mail) must be allowed for review and approval and possible resubmittal. Also, the schedule must be coordinated with the approved construction progress chart. The Contractor must revise and/or update the schedule monthly. Such revised schedules must be submitted to the Engineer for approval.

B. Contractor is required to submit subcontractors’ info when submitting bid.

C. Schedule of Submittals Format
Project
Contract No.

Project
Description
Spec.

Section
Spec.

Description
Paragraph
Number
*Submittal
Type
Date Action
Taken
Assigned
Number
Submittal Returned
*Submittal Type:

C – Certificate CD – Catalog Data
S – Sample PL – Spare Parts List
SD – Shop Drawing MM – Maintenance Manual

1.2 Certificates of Compliance
A. Any certificates required for demonstrating proof of compliance of materials with specification requirements, including statements of application, and extended guarantees, must be signed and submitted in quadruplicate to the Engineer at TP-8
SECTION 01 3300

SUBMITTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3300 - 2 least 10 days before delivery. The Contractor must review all certificates before submissions are made to the Engineer, to ensure compliance with the contract specification requirements and to ensure that the affidavit is properly signed.

Each certificate must be signed by an official authorized to certify on behalf of the manufacturing company and must contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates must contain the name and address of the testing laboratory and the dates of tests to which the report applies. Certification must not be construed as relieving the Contractor from furnishing satisfactory material if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.3 Schedule of Values
A. The Contractor must submit a construction cost breakdown using the attached Schedule of Values. When applicable, a separate cost breakdown form must be submitted for each separate building. However, the total cost of site work for each facility must be included in the cost estimate breakdown for each restroom building. The number of items provided on the Systems Construction Cost Estimate Breakdown form are the minimum required. Additional subdivision of these items may be used by the Contractor.

B. Submit the construction cost breakdown after contract award to the Engineer.

C. Do not delete items from the Schedule of Values form. However, expand the schedule “Description of Work” as necessary to allow evaluation of work or to make progress payments.

D. If the contract price changes, the Schedule of Values must be revised to reflect the change(s) and forwarded to the Engineer.

E. A current Schedule of Values must accompany all Contractor Requests for Payment.

F. See following exhibit for Schedule of Values.

1.4 As-built plans.

A. Contractor to submit as built plans.

B. During construction OR demolition work, maintain as-built redline drawings for all drawings and final as-builds for contractor-generated coordination drawings.

Update after completion of commissioning.

TP-9
SECTION 01 3300

SUBMITTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3300 - 3 PART 2 - PRODUCTS (Not used)
PART 3 - EXECUTION (Not used)

END OF SECTION
TP-10
SECTION 01 3300

SUBMITTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3300 - 4 Contractor shall use the city provided bid schedule to submit a bid.

TP-11
SECTION 01 3543

ENVIRONMENTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3543 - 1 PART 1 - GENERAL

1.1 Scope
A. The work covered by this section consists of furnishing all labor, material, and equipment and performing all work required for compliance with environmental regulations and preventing pollution during, and as a result of, construction operations under this contract, in addition to those measures set forth in other technical provisions of these specifications.

B. The Contractor and subcontractors must comply with all applicable environmental federal, state, local environmental, health and safety laws and regulations.

1.2 Notification
A. The Contractor must, after receiving a notice of noncompliance with the foregoing provisions, immediately take corrective action. The notice, when delivered to its Contractor or its authorized representative at the site of the work, is deemed sufficient for this purpose. If the Contractor fails or refuses to comply promptly, the Engineer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost because of any such stop orders may be made the subject of a claim for extension of time or for excess costs or damages by the Contractor unless it is subsequently determined that the Contractor was in compliance.

1.3 Environmental Regulatory Compliance
A. Within 30 days after receiving the notice to proceed or not less than 15 days prior to commencing on-site work, the Contractor must submit any environmental documents that are required by federal, state or local environmental regulations.

Plans must be approved by the Engineer prior to commencing on-site work and must describe and include, but is not limited to, the following

1. Waste Minimization and Management Plan must describe how natural resources potentially impacted by construction will be protected or managed; construction wastes will be stored and disposed of or recycled; and pollutants associated with building materials will be controlled. The waste minimization and management section of the plan must also list materials and construction debris to be recycled, and address the disposal of solid and hazardous wastes and materials, including asbestos and leadbased paint. It must also include tables applicable to the reclamation of chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) in accordance with the City recycling code and 1.4 (B) below.

TP-12
SECTION 01 3543

ENVIRONMENTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3543 - 2

2. Environmental Compliance Plan must document NEPA compliance by describing mitigation measures to address environmental concerns/sensitive receptors identified in the National Environmental Policy Act (NEPA) document(s) in Section B. 1500, Attachments, and as set out in the mitigation measures in the General Requirements.

1.4 Environmental Site Controls
A. Location of Hazardous Materials: The location of the Contractor’s temporary storage of any hazardous materials and/or wastes must be appropriately marked and included in the health and Safety Plan (see Section 1.5 below).

B. Post Construction Cleanup or Obliteration: The Contractor must remove and properly dispose of all signs of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, excess or waste materials, or any other vestiges of construction as directed by the Engineer. No separate or direct payment may be made for post construction cleanup and all associated costs must be considered included in the contract price.

C. Dust Control: The Contractor must keep the site free from dust in accordance with applicable regulations.

D. Noise Minimization: The Contractor must perform demolition and construction operations to minimize noise including conducting work during less sensitive hours of the day in accordance with the City’s Noise Ordinance.

1.5 Health and Safety
A. Prior to commencing on-site work, the Contractor must submit an Occupational Safety and Health Administration (OSHA) Emergency Action Plan (EAP) to the Engineer to demonstrate compliance by the Contractor and subcontractors with applicable OSHA regulations. If the Contractor is not required by OSHA to develop a written EAP, i.e., if 10 or fewer are employed for the construction project or any other specific regulations identified by OSHA, then the Contractor shall submit to the Engineer a signed letter stating the Contractor shall meet OSHA's EAP requirements in a verbal communication to all employees.

B. Copies of Material Safety Data Sheets (MSDSs) for any hazardous material(s), as defined by OSHA's Hazard Communications Standard, must be included whenever such materials arrive on-site. MSDSs must be kept together and maintained centrally on-site through to project completion. Provide a copy of each MSDS in the Operating and Maintenance Manual. The use of asbestos containing materials, in excess of one percent as defined by US Environmental Protection Agency regulations, is prohibited in the construction of this project.

TP-13
SECTION 01 3543

ENVIRONMENTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3543 - 3 Provide an executed copy of the “Certificate of Asbestos and Lead-Based Paint (New Work)” in the Operating and Maintenance Manual.

C. The use of lead-based paint is prohibited in the construction of this project.

D. The use of lead-containing solder for plumbing and plumbing fixtures is prohibited in the construction of this project.

E. The Contractor must sign and submit to the Engineer a “Certification of Asbestos and Lead-Based Paint” for this project.

F. See following exhibits for additional information.

PART 2 - PRODUCTS (Not used)
PART 3 - EXECUTION (Not used)

END OF SECTION
TP-14
SECTION 01 3543

ENVIRONMENTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3543 - 4 Safety and Health and Related Environmental Requirements The Contractor is required to meet all applicable OSHA, federal, state, and local safety, health, and related environmental requirements in addition to the City requirement listed in this table.

Issue City Requirements
Asbestos Review of Facility Asbestos Survey: Before any building maintenance, equipment installation, renovation, alteration, demolition, or other project begins, determine whether ACBM will be disturbed.

Proper Work Practices: If ACBM is present, follow proper control procedures and work practices.

Consultation With Facility Asbestos Coordinator: Consult with the facility manager or his or her designee before the start of any work likely to disturb ACBM.

Disturbance means activities that crumble or pulverize ACBM or presumed asbestos-containing material (PACM) or generate visible debris. Operations may include drilling, abrading, cutting a hole, pulling cable, and crawling through tunnels or attics and spaces above the ceiling where asbestos is actively disturbed or asbestos-containing debris is actively disturbed.

Asbestos Work Authorization: You must have an approved Form 8210, Work Authorization - Asbestos, before work begins within any building containing asbestos.

Barricades, Barriers,
and Warnings
Your barricades must meet the OSHA requirements. In addition, you assume control of your work area during your activities unless otherwise specified in writing by the City Engineer (CE) or City Engineer's representative (CER).

Confined Spaces Confined space work must meet the OSHA requirements. You must have a comprehensive confined space program that includes a written program, employee training, entry and testing equipment, and rescue capabilities.

If you require access to confined space requiring a permit, then the trained, designated City representative must review and approve the project and permit.

Entry into other confined spaces must be in accordance with OSHA regulations.

Electrical Work Lock or rope off work areas involving exposed energized equipment or have an attendant present to prevent accidental contact by unqualified people. Refer to the Barricade section of this guideline for additional information.

Elevated Work and Fall
Protection
Follow strictly the applicable OSHA fall protection requirements.

Fire Protection Do not block, remove, or otherwise prevent City fire extinguishers from being immediately accessible and usable.

If a system must be impaired by a scheduled shutdown, notify the Engineer and do not proceed without the Engineer’s authorization.

Hazard Communication Inform the Engineer before any chemicals are used. Before materials are brought on site, provide material safety data sheets (MSDSs) and an inventory of materials.

For projects that are anticipated to use substantial quantities of hazardous materials, you may be required to provide a routing, storage, and waste disposal plan.

Hazardous Materials Follow all OSHA requirements regarding hazardous materials. Hazardous materials include, but are not limited to, flammable and combustible liquids, gasoline, diesel fuel, motor oil, lubricating oil, hydraulic oil, corrosive cleaners, and battery acid.

Provide secondary containment for all containers of liquids that are over 5 gallons in capacity.

Immediately report all hazardous material releases ("spills"), regardless of how small or where they occur, to the designated Engineer. Releases include solids, liquids, and gases.

TP-15
SECTION 01 3543

ENVIRONMENTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3543 - 5 Hot Work Do not begin any hot work until the Engineer has completed and signed a City Hot Work Permit. The permit will be valid for only a single work shift. You must display the permit at the work site.

You are prohibited from performing hot work (a) when the City has not authorized it, (b) in locations in which fire protection systems have been impaired, (c) in the presence of explosive or flammable atmospheres, or (d) in locations were large quantities of flammable and combustible materials are unprotected.

Powered Industrial
Trucks
Powered industrial trucks and other mobile equipment must follow all traffic rules of the City facility. The maximum speed limit for in-plant powered vehicles is 5 miles per hour. Many work areas have posted speed limits that you must strictly follow.

Perform refueling only in authorized locations following safe procedures.

As a general rule, the City does not allow gas- or diesel-powered industrial equipment inside City facilities. Coordinate exceptions to the rule through the City safety office.

Ladders Strictly follow all OSHA requirements regarding ladders. Barricade the ladder use area to prevent contact with mobile equipment and employees.

Lead-Based Paint Review of Facility Lead Survey: Before any construction, alterations, and/or repair activities begin, determine whether LBP will be disturbed. If the painted surface has not been tested, you must have it tested before beginning any activities that could potentially disturb LBP.

Proper Work Practices: If LBP is present, follow proper control procedures and work practices.

Consultation With Engineer: Consult with the Engineer before the start of any work likely to disturb LBP. Examples of activities that may affect LBP include paint removal by scraping, sanding, power tools, or heat guns; alterations that include removing drywall, structural steel, or other building materials coated with LBP; welding, cutting, or other hot work on coated metal surfaces; abrasive blasting of mail boxes and other equipment; and moving or cleaning of abrasive blasting enclosures.

Lockout/Tagout Provide a copy of your lockout/tagout procedures, which must meet or exceed the OSHA Lockout/Tagout standard. You will be given access to and must review the City lockout/tagout program.

If you encounter a City lockout/tagout device that prevents the continuation of work, do not make any attempts to remove, tamper with, or bypass the devices. Contact the Engineer and make arrangements to have the lockout device removed in accordance with City lockout removal policies.

Personal Protective
Equipment
Before beginning work, evaluate the work area for hazards, determine whether contract employees will be required to use personal protective equipment (PPE) to protect themselves from these hazards, and document the hazard assessment.

Wear the PPE required regardless of your perception of hazard potential.

Regulated And
Prohibited Materials
Pesticides. The City has restricted the use of pesticides. Obtain prior approval of the City environmental compliance coordinator for special cases that may require the use of pesticide treatments.

Seventeen Chemical Prohibition. Adhere to chemical prohibition policies. Do not use on City property any of the 17 chemicals prohibited by EPA unless the Engineer authorizes its use (each of these chemicals must be authorized separately). The district environmental compliance coordinator can supply the list.

Asbestos-Free Products. Install no asbestos-containing products or materials in City facilities.

Lead. Apply no lead-based paint in City facilities.

Scaffolding Follow strictly the applicable OSHA scaffolding requirements.

Provide adequate barrier protection around the scaffolding to prevent hazards to City staff.

TP-16
SECTION 01 3543

ENVIRONMENTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3543 - 6 Walking and Working
Surfaces
If the project requires temporary modifications to the means of egress, inform the Engineer before performing such actions, provide appropriate alternative means of egress, and communicated these to all employees.

TP-17
SECTION 01 3543

ENVIRONMENTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3543 - 7 Emergency Procedures
Preparations for
Emergency
Be prepared for emergency situations.

Ensure that emergency telephone numbers are site specific, readily available, easily read, and communicated to all employees.

Train and authorize employees to implement emergency procedures.

Medical Emergencies Have procedures and medical supplies to provide emergency medical services for your own personnel.

Determine how to contact emergency medical services before work begins, and have on-site capabilities to contact such services immediately.

Fires See Fire Protection above.

In the event of a fire, you must:
- Immediately remove personnel from the area or building following City evacuation procedures.
- Immediately contact the nearest City employee and inform him or her of the fire.

You may also activate an emergency alarm in the area. If no City employees are onsite, immediately contact the local fire department.

Personnel trained in the use and limitations of fire extinguishers may attempt to extinguish the fire if it is safe to do so.

Chemical Releases See Hazardous Materials above.

If the event of a hazardous material release, you must:
- Immediately remove personnel from the area or building following City evacuation procedures.
- Immediately contact the designated City representative and inform him or her of the release. You may also activate an emergency alarm in the area. If no City employees are on-site, immediately contact the local fire department.

Contractor personnel should not respond to the release unless specifically trained and protected to perform hazardous material response.

Power Outages In the event of a power outage, you must:
- Immediately stop work and assemble for a head count and possible facility egress. - Inform all contract employees that equipment may automatically restart when power resumes.
- Immediately contact the designated City representative and inform him or her of the status of contract work and personnel head count. Relay at this time all hazards created due to the power outage.

When power resumes evaluate the status of operations that were being performed relative to hazard potential. For example, the interruption of ventilation in confined spaces may generate atmospheric hazards.

Accident Investigation
and Reporting
As soon as is practical after an accident, investigate and document an accident investigation. The documentation must describe the incident and identify the causes and the corrective actions that will prevent future incidents.

Report all accidents, whether or not they result in injury. Give the written report to the Engineer within 24 hours of the accident or incident.

CERTIFICATE OF ASBESTOS AND LEAD-BASED PAINT
TP-18
SECTION 01 3543

ENVIRONMENTAL PROCEDURES
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 3543 - 8 (New Work)
To: City Engineer
Subject: Certification for new construction
City facility name:

City facility address:

Certification for new construction:

This Contractor/Owner hereby certifies that no asbestos-containing material in excess of 1 percent as defined by applicable US Environmental Protection Agency regulations, and no lead-based paint has been furnished or installed at the referenced project.

Contractor/Owner name:

Signature:

Address:

Telephone: Date executed:

TP-19

TECHNICAL SPECIFICATIONS
SECTION 01 4000

QUALITY REQUIREMENTS
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 4000 - 1 PART 1 - GENERAL

1.1 Contractor Quality Control
A. Contractor Quality Control: The Contractor is responsible for the overall quality of all its own work and the work performed by their subcontractors working under this contract. The quality of any part of the work installed must not be less than that required by the technical divisions of this specification. If the Engineer determines that the quality of work does not conform to the applicable specifications and drawings, the Contractor will be advised in writing of the areas of nonconformance, and within 7 days the Contractor must correct the deficiencies and advise the Engineer in writing of the corrective action taken.

B. Noncompliance with Quality Control Requirements: Failure of the Contractor to comply with the above requirements may be cause for termination for default as defined in the contract documents.

1.2 Submittals
A. Prior to the start of on-site work, the Contractor must submit to the Engineer a Contractor Quality Control Plan that includes the following information:

1. Testing and inspection schedule, keyed to Construction Schedule, indicating tests and inspections to be performed, names of persons responsible for inspection and testing for each segment of work including preparatory, initial, and follow-up.

2. Proposed forms to be used including Contractor's Daily Report, Contractor Test and Inspection Report and Non-Compliance Check-Off List.

1.3 Quality Control Procedures
A. Monitor quality control over Contractor staff, subcontractors, suppliers, manufacturer's, products, services, site conditions, and workmanship.

B. Comply fully with manufacturer's published instructions, including each step-in sequence of installation.

C. Should manufacturer's published instructions conflict with Contract Documents, request clarification from the Engineer before proceeding.

D. Comply with specified standards as a minimum quality for work, except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

E. Perform work by persons who are thoroughly qualified and trained in their respective trade, to produce workmanship of specified quality.

TP-20

TECHNICAL SPECIFICATIONS
SECTION 01 4000

QUALITY REQUIREMENTS
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 4000 - 2 F. Perform tests required by governing authorities having jurisdiction and utilities having jurisdiction.

1.4 Testing and Inspection Laboratory Services
A. Quality Assurance:

1. Comply with requirements of all applicable ASTM standards.

2. Laboratory: Authorized to operate in State in which Project is located.

3. Laboratory Staff: Maintain a full-time registered engineer on staff to review services.

1.5 Contractor Field Inspection and Testing
A. Contractor: Test and Inspect work provided under this Contract to ensure work is in compliance with Contract requirements. Required tests and inspections are indicated in each individual Specification Section and shall be performed as required by the City inspector.

B. Preparatory Inspection: Performed prior to beginning work and prior to beginning each segment of work and includes:

1. Review of Contract requirements.

2. Examination to assure required preliminary or preparatory work is complete.

C. Initial Inspection: Performed when representative portion of each segment of work is completed and includes:

1. Performance of required tests.

2. Quality of workmanship.

3. Review for omissions or dimensional errors.

4. Examination of products used, connections and supports.

5. Approval or rejection of inspected segment of work.

D. Follow-Up Inspections: Performed daily, and more frequently as necessary, to assure non-complying work has been corrected.

E. Testing and Inspection: Perform testing and inspection in accordance with requirements in individual Specification Sections.

1.6 Contractor’s Daily Report
A. The Contractor shall maintain daily reports, and provide copies to the Engineer if requested, for days that work was performed. Include the following information:

TP-21

TECHNICAL SPECIFICATIONS
SECTION 01 4000

QUALITY REQUIREMENTS
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 4000 - 3

1. Date, weather, minimum and maximum temperatures, rainfall, and other pertinent weather occurrences.

2. Daily workforce of Contractor and subcontractors, by trades.

3. Description of work started, ongoing work, and work completed by each subcontractor.

4. Coordination implemented between various trades.

5. Approval of substrates received from various trades.

6. Nonconforming and unsatisfactory items to be corrected.

7. Remarks

1.7 Contractor’s Test and Inspection Reports
A. Prepare and submit to the Engineer, a written report of each test or inspection signed by Contractor Quality Control Representative performing inspection within 2 days following day inspection was made.

B. Include the following on written reports of inspection:

1. Cover sheet prominently identifying that inspection "CONFORMS" or "DOES NOT CONFORM" to Contract Documents.

2. Date of inspection and date of report.

3. Project name, location, solicitation number, and Contractor.

4. Names and titles of individuals making inspection, if not Contractor's Project Field Superintendent.

5. Description of Contract requirements for inspection by referencing Specification Section.

6. Description of inspection made, interpretation of inspection results, and notification of significant conditions at time of inspection.

7. Requirements for follow-up inspections.

1.8 Non-Compliance Check-Off List
A. Maintain check-off list of work that does not comply with Contract Documents, stating specifically what is non-complying, date faulty work was originally discovered, and date work was corrected. No requirement to report deficiencies corrected same day it was discovered. Submit copy of Non-Compliance CheckOff List of non-complying work items to the Engineer on a weekly basis.

1.9 Completion and Inspection of Work
A. Prior to final acceptance by the Engineer and issuance of a Certificate of Substantial Completion and/or Notice of Completion, submit a certification signed by Contractor to the Engineer stating that all work has been inspected and all work, except as specifically noted, is complete and in compliance with Contract Documents.

TP-22

TECHNICAL SPECIFICATIONS
SECTION 01 4000

QUALITY REQUIREMENTS
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 4000 - 4 PART 2 - PRODUCTS (Not used)
PART 3 - EXECUTION (Not used)

END OF SECTION
TP-23
SECTION 01 5000

TEMPORARY FACILITIES AND CONTROLS
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 5000 - 1 PART 1 - GENERAL

1.1 General
A. The Contractor must provide all temporary facilities and services required to complete the work and to comply with OSHA and other applicable regulations.

B. The Contractor must maintain temporary facilities in a proper, safe, operating and sanitary condition for the duration of this Contract. Upon completion of this Contract, all such temporary work and facilities shall be removed in their entirety.

1.2 Project Sign
A. The Contractor must construct and erect a minimum of two hard hat signs at locations designated by the Engineer. The signs must be erected prior to the commencement of on-site work.

1.3 Temporary Water
A. See General Provisions, Section 3-12.2 Air Pollution and Surface Maintenance Control.

1.4 Temporary Electricity
A. Service Required: The City will provide temporary electric power throughout the construction period from the existing service. Contractor shall be responsible for connection. Contractor to provide power centers for miscellaneous tools and equipment used in the construction work, lighting for safe and adequate working conditions throughout site (at least 1/4 watts of incandescent lighting per square foot, with a socket voltage of at least 110 volts and using 100-watt lamps minimum); power for construction building.

B. Safety: The Contractor must provide and maintain lights and signs to prevent damage or injury and must illuminate all hazardous areas. Safety lights must be operational from dusk to dawn.

C. Requirements of Regulatory Agencies: The Contractor must obtain permits as required by local government authorities, comply with the National Electrical Code, applicable local codes, and utility regulations.

D. Use of Permanent System: The Contractor must regulate any part of the permanent electrical system that is used for construction purposes in order to prevent interference with safety and with the orderly progress of the work. The TP-24
SECTION 01 5000

TEMPORARY FACILITIES AND CONTROLS
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 5000 - 2 Contractor must leave permanent electrical services in a condition as good as new.

E. Materials: The materials may be new or used in the temporary works but must be adequate in capacity for the purposes intended and must not create unsafe conditions or violate the requirements of applicable codes. At the Contractor's option, patented specialty materials may be used if UL-approved.

F. Conductors: The Contractor must use wire, cable, or busses of appropriate type, sized in accordance with the National Electrical Code for the applied loads. Use only UL-approved wire.

G. Equipment: In compliance with NEMA standards, the Contractor must provide an appropriate enclosure for the environment in which the equipment is used.

H. Installation: The Contractor must provide all required facilities, including transformers, conductors, poles, conduits, raceways, fuses, switches, fixtures, and lamps, located so as to avoid interference with cranes and materials-handling equipment, storage areas, traffic areas, and work under other contracts. The Contractor must install all work to have a neat and orderly appearance and to make it structurally sound throughout. The Contractor must maintain it to give continuous service and to provide safe working conditions. The Contractor must modify the service as required by the progress of the job.

I. Removal: The Contractor must remove all temporary equipment and materials upon completion of construction, repair all damage caused by the installation. and restore the area to satisfactory condition.

1.5 Sanitary Provisions
A. The Contractor must provide and keep in neat and sanitary condition conveniences and accommodations for the use of the construction personnel necessary to comply with the requirements and regulations of the local department of health and of other authorities having jurisdiction.

1.6 Approaches and Exits
A. The Contractor must provide all necessary approaches and exits required to properly execute the work.

PART 2 - PRODUCTS (Not used)
PART 3 - EXECUTION (Not used)

END OF SECTION
TP-25

TECHNICAL SPECIFICATIONS
SECTION 01 7300

EXECUTION
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 7300 - 1 PART 1 - GENERAL

1.1 Meetings
A. Prior to issuing the Notice to Proceed, the Engineer will schedule a PreConstruction Meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination and clarify inspection procedures.

B. Notwithstanding any other provisions of the contract, the Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to delivery of the Notice to Proceed. The City’s knowledge of work performed prior to the delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work. The Contractor shall provide the required contract bonds and evidences of insurance prior to commencing work at the site.

1.2 Layout of Work
A. The Contractor must lay out its work to match existing or as indicated on the drawings. The Contractor must furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor as may be required in laying out any part of the work as indicated on the drawings.

1.3 Contractor's Temporary Use of Facilities and Equipment A. No new facilities or equipment intended for the permanent installation, including materials-handling vehicles, may be used for temporary purposes unless specified in the contract or unless the Contractor has the written permission of the Engineer.

1.4 Cleaning
A. Cleaning During Construction:

1. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition.

2. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space.

3. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust.

4. Collect and remove waste materials, debris, and rubbish from site as specified in the Environmental Compliance and Management Plan as required in Section 01 3543 - Environmental Procedures.

TP-26

TECHNICAL SPECIFICATIONS
SECTION 01 7300

EXECUTION
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 7300 - 2 B. Final Cleaning:

1. Use cleaning materials and agents recommended by manufacturer or fabricator of surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property, or that might damage finished surfaces.

2. Employ experienced workers or professional cleaners for final cleaning.

Clean each surface or unit of Work to condition expected from a commercial building cleaning and maintenance program. Comply with manufacturer's published instructions.

3. Complete following cleaning operations before requesting the Engineer’s inspection for Substantial Completion.
a. Clean Project Site, yard and grounds if applicable, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste materials, litter and foreign substances. Sweep paved areas broom clean. Remove petro-chemical spills, stains and other foreign deposits. Rake grounds that are neither planted nor paved, to a smooth even-textured surface.
b. Remove tools, construction equipment, machinery and surplus material from Project Site.
c. Clean exposed exterior and interior hard-surfaced finishes to a dirtfree condition, free of stains, films and similar foreign substances.

Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition.
d. Broom clean asphalt concrete pavement spaces.
e. Leave Project clean and ready for new future construction.

4. Remove temporary protection and facilities installed during construction to protect previously completed installations during remainder of construction.

5. Comply with governing regulations and safety standards for cleaning operations. Remove waste materials from Project Site and dispose of in accordance with requirements of local authorities having jurisdiction. a. Where extra materials of value remain after completion of construction have become City property, store these materials as directed by the Engineer.

PART 2 - PRODUCTS (Not used)
PART 3 - EXECUTION (Not used)

END OF SECTION
TP-27
SECTION 01 7419

CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 7419 - 1 PART 1 GENERAL

1.1 SUMMARY
A. Section includes: Procedures for achieving the most environmentally conscious Work feasible within the limits of the Construction Schedule, Contract Sum, and available materials, equipment, and products.

1. Participate in promoting efforts of the City Community Development Department’s Waste Management and Recycling Plan to create an energyefficient and environmentally-sensitive structure.

2. Use recycled-content, toxic-free, and environmentally-sensitive materials and equipment.

3. Use environmentally-sensitive procedures.
a. Protect the environment, both on-site and off-site, during demolition and construction operations.
b. Prevent environmental pollution and damage.
c. Effect optimum control of solid wastes.

B. Related Documents: The Contract Documents, as defined in Section 01 1000 - Summary of Work, apply to the Work of this Section. Additional requirements and information necessary to complete the Work of this Section may be found in other documents and prevailing City Ordinances.

C. Related Sections:

1. Section 01 4000 - Quality Requirements: Contractor's Daily Report.

2. Section 01 5000 - Temporary Facilities And Controls: Temporary ventilation, progress cleaning and waste removal.

3. Section 02 4119 – Selective Structure Demolition.

1.2 DEFINITIONS
A. Adequate ventilation: Ventilation, including air circulation and air changes, required to cure materials, dissipate humidity, and prevent accumulation of dust fumes, vapors, or gases.

B. Construction and demolition waste: Includes solid wastes, such as building materials, packaging, rubbish, debris, and rubble resulting from construction, remodeling, repair, and demolition operations.

1. Rubbish: Includes both combustible and noncombustible wastes, such as paper, boxes, glass, crockery, metal and lumber scrap, metal cans, and bones.

2. Debris: Includes both combustible and noncombustible wastes, such as leaves and tree trimmings that result from construction or maintenance and repair work.

TP-28
SECTION 01 7419

CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
GARDENA ROSECRANS COMMUNITY CENTER – Demolition Phase 01 7419 - 2 C. Chemical waste: Includes petroleum products, bituminous materials, salts, acids, alkalis, herbicides, pesticides, organic chemicals, and inorganic wastes.

D. Diversion: Redirection of waste ordinarily deposited in a municipal landfill to a recycling facility or to another destination for reuse.

E. Environmental pollution and damage: The presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances; or degrade the utility of the environment for aesthetic, cultural, or historical purposes.

F. Hazardous materials: Includes pesticides, biocides, and carcinogens as listed by recognized authorities, such as the Environmental Protection Agency (EPA) and the International Agency for Research on Cancer (IARC).

Gardena City CouncilMay 28, 2024

Gardena City Council
May 28, 2024