Agenda — Montebello City Council, January 12, 2022 (part 1 of 2)

CITY OF MONTEBELLO CITY COUNCIL AND SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
WEDNESDAY, JANUARY 12, 2022 AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL/SUCCESSOR AGENCY
Kimberly A. Cobos-Cawthorne, Mayor/Chairman
Angie M. Jimenez, Mayor Pro Tem/Vice Chairman
Scarlet Peralta, Councilmember/Board Member
Salvador Melendez, Councilmember/Board Member
David N. Torres, Councilmember/Board Member

CITY MANAGER/EXECUTIVE

DIRECTOR

CITY TREASURER/BOARD TREASURER COUNCIL/SUCCESSOR

AGENCY ATTORNEY
René Bobadilla Rafael Gutierrez Arnold M. Alvarez-Glasman

CITY CLERK/BOARD SECRETARY
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager Arlene Salazar
Fire Chief Fernando Pelaez
Police Chief Brad Keller
Director of Finance Michael Solorza
Director of Human Resources Nicholas Razo
Director of Planning/Community Development Joseph Palombi Director of Public Works James Enriquez
Director of Recreation and Community Services David Sosnowski Acting Director of Transportation Adrianna Kendricks

January 12, 2022: City Council and Successor Agency Joint Regular Meeting Page 2 of 9

NOTICES
COVID-19 NOTICE: Pursuant to the Executive Order N-29-20 and No. N-35-20 from the Executive Department of the State of California and the County of Los Angeles Department of Public Health Safer at Home Order, Council Members may attend City Council/Successor Agency meetings via teleconferencing and make public meetings accessible telephonically or electronically to all members of the public seeking to observe and address the City Council/Successor Agency. The City Council/Successor Agency and Staff will meet in person at the City Hall but due to the increased transmission of COVID -19 and to ensure the health and safety of the public, the Council Chambers will be closed to the public and all public participation will continue to occur telephonically and/or in writing until further notice. Consistent with the Exec utive Order, the City Council/Successor Agency meeting will continue to be live streamed and can be watched on the City’s website at: https://www.cityofmontebello.com/government/live-streaming.html, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887 -1363 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 48 hours before this meeting.

Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.

STATEMENT OF PUBLIC COMMENTS AND PARTICIPATION : Members of the public may address the City Council/Successor Agency on Closed Session items during the “Public Comments for Closed Session Items” period. The public may also address the City Council/Successor Agency on any items listed on the Agenda and on items not listed on the Agenda (Non- Agenda Items) during the “Publ ic Comments” period. State Law prohibits the City Council/Successor Agency from taking action or entertaining extended discussion on a topic not listed on the agenda. In order to conduct a timely meeting, the maximum time allotted for members of the public to speak on any or all agenda items and on any Non -Agenda Item(s) shall not exceed three (3) minutes per person; the period for all “Public Comments” may be limited to 30-minutes.

Pursuant to Assembly Bill 361, for those interested in participating during the public comment period or public testimony period for public hearings of the City Council/Successor Agency meetings, you may call in to the City Clerk’s office as listed below until the day of the meeting prior to the start of each Public Comments per iod, Wednesday, January 12, 2022 . The public can submit speaker card requests telephonically by calling (323) 887-1216, Staff will complete/number the speaker cards and speakers will be called in the order received during the meeting – Closed Session begins at 5:00 p.m. and Regular Session begins at 6:00 p.m. The exact call back time is not predictable due to the nature of the City Council/Successor Agency agenda. As a result, you must be available until the end of the public comments period(s).

The City has also created an email address, [email protected], where the public can submit public comments up until the day of the meeting, Wednesday, January 12, 2022 between 7:30 a.m. – 3:00 p.m. These comments will be submitted to all members of the City Council/Successor Agency and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council/Successor Agency. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council /Successor Agency until the after the meeting, with the exception of non-agenda written item comments.

AGENDA MATERIALS: The agenda/agenda packet are available for public inspection at City’s website at:
https://www.cityofmontebello.com/council-agendas.html. The agenda cover sheets may also be emailed upon request.

January 12, 2022: City Council and Successor Agency Joint Regular Meeting Page 3 of 9

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
Pursuant to AB 361 and the guidelines specifically stated in this agenda above, at this time, the general public may address the City Council/Successor Agency on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council/Successor Agency from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

CLOSED SESSION – 5:00 P.M.

The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

1. T

HREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

2. CO
NFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Eddie Loussararian and John Loussararian, Jr. vs. City of Montebello, et al.

Los Angeles Superior Court Case No. 19STCV36756

3. CO
NFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2)
Threat of litigation – One matter related to the CVRA

4. CO
NFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)(4)
Initiation of litigation – Two cases
REGULAR SESSION – NO LATER THAN 6:00 P.M.

CLOSED SESSION REPORT

INVOCATION
January 12, 2022: City Council and Successor Agency Joint Regular Meeting Page 4 of 9

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA – CITY MANAGER

CEREMONIAL/PRESENTATIONS

5. RECOGNITION OF CITIZEN OF THE MONTH – PASTOR ERIC TIETZE, HEARTS OF

COMPASSION

6. RECOGNITION OF M&M FOR FIRE TRAINING SUPPORT

7. RECOGNITION OF GATEWAY CITIES ENERGY ACTION AWARD

8. RECOGNITION OF SAN GABRIEL COUNCIL OF GOVERNMENTS AWARD

9. RECOGNITION OF MOTEBELLO BUS LINE’S 90TH ANNIVERSARY

10. RECOGNITION OF HUMAN TRAFFICKING AWARENESS MONTH

PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) Pursuant to AB 361 and the guidelines specifically stated in this agenda above, at this time, the general public may address the City Council/Successor Agency on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council/Successor Agency from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS

11. REVIEW OF CURRENT COUNCIL ASSIGNMENTS TO VARIOUS B OARDS, AGENCIES, AD HOC

AND TASK FORCE COMMITTEES

RECOMMENDATION: It is recommended that the City Council:

1) Review and take action to fill assignments to various Boards, Agencies, Ad Hoc and Task Force Committees; and
2) Designate the Mayor as the representative to the Los Angeles County -City Selection Committee, and the Mayor Pro Tempore as the alternate representative; and 3) Designate the Mayor as the representative to the Board of Directors of Sanitation Districts Nos. 2 and 15 of the Los Angeles County, and designate an alternate member of the City Council as the alternate; and
4) Take such additional, related, action that may be desirable.

January 12, 2022: City Council and Successor Agency Joint Regular Meeting Page 5 of 9

12. ADOPT CITY COUNCIL RESOLUTION NO. 22-02/SUCCESSOR AGENCY RESOLUTION NO. 22 - 01 FOR THE RECOGNIZED OBLIGATION PAYMENT SCHEDU LE FOR THE FISCAL YE AR 2021- 22 (ROPS 21 -22) AND CITY COUNCIL RESOLUTION NO. 22 -03/SUCCESSOR AGENCY RESOLUTION NO. 22 -02 FOR THE ADMINISTR ATIVE BUDGET FOR THE FISCAL YEAR 2021 - 2022

RECOMMENDATION: It is recommended that the City Council and Successor Agency:

1) Approve and adopt City Council Resolution No. 22 -02 and Successor Agency Resolution No. 22-01 for the Recognized Obligation Payment Schedule for the Fiscal Year 2021 -22 (ROPS 21-22); and
2) Approve and adopt City Council Resolution No. 22 -03 and Successor Agency Resolution No. 22-02 for the Administrative Budget for the Fiscal Year 2021-2022; and 3) Take such additional, related, action that may be desirable.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.

13. ADOPT RESOLUTION NO. 22-04 AMENDING RESOLUTI ON NO. 20- 80 UPDATING THE

CONFLICT OF INTEREST CODE FOR THE CITY OF MONTEBELLO

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 22 -04, a Resolution of City Council of the City of Montebello, California, Amending Resolution No. 20-80 updating the Conflict of Interest Code for the City of Montebello in compliance with Government Code requirements; and 2) Direct the City Clerk’s office to file the 2022 Local Biennial Notice with the Fair Political Practices Commission; and
3) Take such additional, related, action that may be desirable.

14. REPORT OF EMERGENCY REPAIR AND REPLACEMENT OF THE BEACH STREET STORM DRAIN

RECOMMENDATION: It is recommended that the City Council:

1) Receive and file the Ci ty Manager’s report of an emergency repair of the Beach Street Storm Drain pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and
2) Determine and find that the severely deteriorated condition of the Beach Street S torm Drain poses a serious and eminent threat to public safety due to its severely deteriorated condition; and
3) By a four -fifths vote of the City Council authorize the dispensing of a formal bidding procedure for the replacement of the Beach Street Storm Dr ain, in accordance with January 12, 2022: City Council and Successor Agency Joint Regular Meeting Page 6 of 9

California Public Contract Code Section 22035 and Montebello Municipal Code Chapter

3.20.140; and
4) Authorize the City Manager to finalize the proposed Agreement No. 3947 with Mike Bubalo Construction Co. (attached hereto in substanti al form as Attachment B) for the construction of the replacement of the Beach Street Storm Drain at an estimated total cost of $390,000; and
5) Amend the Fiscal Year 2021-22 budget by increasing appropriations $535,000 in Account No. 100-30-315-6040.45 (General Fund, Public Works, Stormwater, Contract Services – Storm Drain Maintenance) for emergency response, repair and replacement work; and 6) Take such additional, related, action that may be desirable.

15. BEACH STREET PAVEMENT REHABILITATION PROJECT - PHASE 1 (FROM VAIL AVENUE TO 5 TH STREET), CP NO. 883 – ENGAGEMENT LETTER FO R CONSTRUCTION MANAG EMENT &

INSPECTION SERVICES BY AIM CONSULTING SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Award Task Order No. 2 via an Engagement Letter under Master Retainer Agreement No. 3919 with AIM Consulting Services for Construction Management and Inspection Services for a not-to-exceed-fee of $92,126; and
2) Authorize the City Manager to execute the Agreement, on behalf of the City; and 3) Take such additional or alternative action that may be desirable.

16. PAVING THE WAY – PHASE 2 (CP NO. 878) – NOTICE OF COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1) Accept the Paving the Way – Phase 2 Project (CP 878) as completed by Manhole Adjusting, Inc. (MAI); and
2) Find that the “Changes in Work” for the project (Attachment A) in the aggregate amount of $1,423,503 have no significant effect on the environment. The final contract amount with MAI is $6,362,081.
3) Approve the Final Construction Budget and Expenditures (Attachment B); and 4) Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment C) with the Los Angeles County Registrar-Recorder; and
5) Authorize the City Manager to release the retention payment due to Manhole Adjusting, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and
6) Amend the Fiscal Year 2021 -22 budget by increasing appropriations by $630,362 in Account No. 220 -99-7117 (Measure R, Improvements Other t han Building – Paving the Way) and $1,108,174 in Account No. 222 -99-7117 (Measure M, Improvements Other than Building – Paving the Way); and
7) Take such additional, related, action that may be desirable.

January 12, 2022: City Council and Successor Agency Joint Regular Meeting Page 7 of 9

17. APPROVE PROFESSIONAL SERVICES AGREEMENT N O. 3946 FO R MARKET ANALYSIS AN D RETAIL RECRUITMENT SERVICES BETWEEN NAVI RETAIL INC. AND THE CITY OF

MONTEBELLO

RECOMMENDATION: It is recommended that the City Council:

1) Approve a Professional Services Agreement between the City of Montebello and NaviRetail Inc. in an amount not to exceed $84,000 over the course of a two (2) year term for Market Analysis and Retail Recruitment Services for the City of Montebello; and 2) Authorize the City Manager to execute the Professional Services Agreement between the City and NaviR etail Inc. and any related documents in accordance with Montebello Municipal Code (“MMC”) Chapter 3.20.050; and
3) Amend the Fiscal Year 2021 -22 budget by increasing appropriations by $42,000 in Account 100 -50-520-6040.95 (General Fund, Community Development , Planning Division, Other Professional Services); and
4) Take such additional, related, action that may be desirable.

18. ADOPT RESOLUTION NO. 22-05 TO AUTHORIZE SUBMISSION OF AN APPLICATION TO THE

STATE OF CALIFORNIA BEVERAGE CONTAINER RECYCLING GRANT PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 22-05 to authorize the submission of an application to the State of California Beverage Container Recycling Grant program; and 2) Take such additional, related, action that may be desirable.

19. APPROVE AN INCREASE TO THE BLANKET PURCH ASE ORDER ESTABLISHE D WITH THE SAUCE CREATIVE SERVI CES CORP. FOR THE PURCHASE OF CITYWIDE P RINTING AND

GRAPHIC DESIGN SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Approve a change order to the blanket purchase order established with The Sauce Creative Services Corp., to increase the total not-to-exceed amount to $100,000, for the purchase of citywide printing and graphic design services; and 2) Take such additional, related, action that may be desirable.

20. REQUEST TO PURCHASE POLICE DEPARTMENT PATROL VEHICLES

RECOMMENDATION: It is recommended that the City Council:

1) Approve the purchase of seven (7) police patrol vehicles to include necessary equipment and installation services; and
January 12, 2022: City Council and Successor Agency Joint Regular Meeting Page 8 of 9

2) Amend the Fiscal Year 2021 -22 budget by increasing appropriations by $398,300 in Account No. 100- 80-815-6082 (General Fund, Police, Support Services, Vehicle Purchases); and
3) Take whatever additional actions necessary to effectuate the procurement of the patrol vehicles.

21. ADOPT RESOLUTION NO. 22-01 TO AUTHORIZE AMENDING FEDERAL GRANT NO. CA-2021- 169-00 TO SUBMIT A SEPARATE GRANT APPLICATIO N TO THE FEDERAL TRA NSIT

ADMINISTRATION TO RE CEIVE FUNDING FOR TR ANSIT OPERATING ASSI STANCE AND TO AMEND THE FISCAL YEAR 2021-2022 BUDGET

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 22 -01 amending Federal Grant No. CA- 2021-169-00 for Federal Transit Administration (FTA) funding under the Coronavirus Response and Relie f Supplemental Appropriations Act of 2021 (CRRSAA), to increase the grant amount for operating assistance from $1,000,000 to $3,778,452; and 2) Authorize submitting a grant application to the FTA for operating assistance under the American Rescue Plan Act of 2021 (ARPA), in the amount of $14,934,925; and 3) Amend the FY 2021 -2022 budget to recognize revenue by increasing appropriations in Account Nos. 600-99-4024.10 (Transit Fund, CRRSAA – Federal) by $9,292,827 and 600- 99-4023.10 (Transit Fund, ARP – Coronavirus Fiscal Recovery) by $14,934,925; and 4) Take such additional, related, action that may be desirable.

22. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, NO. 3883, WITH

RL CONTROLS LLC TO USE CONTINGENCY FUNDS FOR THE SERVER PROJECT, A SUBPROJECT

OF THE BUS CAMERA SURVEILLANCE SYSTEM PROJECT

RECOMMENDATION: It is recommended that the City Council:

1) Approve Amendment No. 1 to Professional Services Agreement, No. 3883 (Agreement No. 3883) with RL Controls LLC (RL Controls), to use contingency funds fo r the total not- to-exceed amount of $192,912 for the Server Project, a subproject of the Bus Camera Surveillance System Project; and
2) Authorize the City Manager and/or his Designee to execute Amendment No. 1 on behalf of the City of Montebello (City); and
3) Take such additional, related, action that may be desirable.

23. PAYMENT OF BILLS: RESOLUTION NO. 22 -06 APPROVING THE CIT Y WARRANT REGISTER OF DEMANDS DATED JANUARY 12, 2022

RECOMMENDATION: Adopt Resolution No. 22 -06 approving the Warrant Register dated January 12, 2022.

January 12, 2022: City Council and Successor Agency Joint Regular Meeting Page 9 of 9

AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Torres

2. Councilmember Peralta
a. Agendize for the next council meeting the appointment of 2 members for the Traffic and Safety Committee.
b. COVID Testing: City Hall: Sun -Wed (drive thru) | Thurs -Sat (walk up) | Grant Rae Park Thurs-Sat (drive thru). No Appointments Necessary. Vaccines/Boosters available at The Prescription Shop at 1215 W. Whittier Blvd.

3. Councilmember Melendez

4. Mayor Pro Tem Jimenez

5. Mayor Cobos-Cawthorne

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on January 26, 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).

I, Alicia Fernandez, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, January 9, 2022 5:00 p.m.

_____________________________________________
Alicia Fernandez, Deputy City Clerk

ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Alicia Fernandez, Deputy City Clerk
S
UBJECT: Review of Current Council Assignments to Various Boards, Agencies, Ad Hoc and Task Force Committees
D
ATE: January 12, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) Re
view and take action to fill assignments to various Boards, Agencies, Ad Hoc and Task Force Committees; and
2) D
esignate the Mayor as the representative to the Los Angeles County -City Selection Committee, and the Mayor Pro Tempore as the alternate representative; and
3) D
esignate the Mayor as the representative to the Board of Directors of Sanitation Districts Nos. 2 and 15 of the Los Angeles County, and designate an alternate member of the City Council as the alternate; and
4) T
ake such additional, related, action that may be desirable.

FISCAL IMPACT
T
here is no fiscal impact.

BACKGROUND
E
ach year, following the City Council reorganization meeting, the City Council reviews assigning members of the City Council to represent the City of Montebello (“City”) on various Boards, Agencies, Ad Hoc and Task Force Committees. The City Council will 11 CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Review of Current Council Assignments to Various Boards, Agencies, Ad Hoc and Task Force Committees

Page 2 of 2 ends

review the current assignments, attached herein as Attachment A and B, to either confirm or make any recommendations as desired. Once the City Council has confirmed the assignments to the various Boards and Agencies, staff will notify the appropriate affected agencies.

Montebello Municipal Code Section 2.08.010 ( “Council Reorganization”) provides that the City Council must reorganize by selecting one of its members as Mayor and Mayor Pro Tempore on the following occasions: (a) the second meeting in November in non- election years; (b) or at the first meeting immediately following the certification of election results in an election year.

As a result of the select ion of a new Mayor and Mayor Pro Tempore, the City must also designate representatives to the Los Angeles County -City Selection Committee ( “City Selection Committee ”) and the Los Angeles County Sanitation Districts 2 and 15 (“Sanitation District ”). These agencies require that the Mayor be designated as the representative, the Mayor Pro Tempore as the alternate representative f or the City Selection Committee, and any Councilmember may be designated the representative for the Sanitation District.

Furthermore, each year in the months of May and December the City Manager, Assistant City Manager, Director of Planning/Community Development and two (2) members of the City Council attend the Innovating Commerce Serving Communities ( “ICSC”) conference.

The ICSC is a member organization for advancement of Marketplaces Industry, promoting and elevating the marketplaces and spaces where constituents shop, dine, work, play and gather as a community. Staff is recommending that the City Council establish an Ad H oc Committee and designate two members to attend the 2022 conferences.

SUMMARY

Staff recommends that the City Council review the list of assignments to the various Boards, Agencies, Ad Hoc, and Task Force Committees and either confirm or make any recommendations as desired, including designating two members of the City Council to attend the ICSC conferences. The attached lists of current City Council appointments are presented for the City Council’s review.

ATTACHMENTS:

A. Attachment A – List of City Council Assignments
B. Attachment B – Ad Hoc and Task Force Assignments

City Council Action: January 13, 2021 Updated 12/30/2021 2021

ORGANIZATION

COUNCIL

REPRESENTATIVE

ALTERNATE

REPRESENTATIVE STIPEND MEETING INFORMATION LOCATION CONTACT EMAIL/PHONE County of Los Angeles
Sanitation Districts
Cobos-Cawthorne Peralta $125.00 Meets 2nd and 4th Wednesday 1:30 p.m.; Delagate must be
Mayor
Sanitation Districts of Los Angeles County
1955 Workman Mill Road, Whittier, CA
90601
Kim Compton 562-908-4288 ext. 1101
Los Angeles County City
Selection Committee
Cobos-Cawthorne Torres $0 Meets 2-4 times a year
as needed; Delegate must be
Mayor, Alternate MPT, & CM
with longest tenure
thereafter.

Various locations in Los Angeles County Lee Millen [email protected] San Gabriel Valley Council of
Governments (SGVCOG)
Peralta Melendez $75.00 Every 3rd Thursday of the
month at 4pm, with a few
exceptions of Special
Meetings
Upper San Gabriel Valley Municipal Water
District
602 E. Huntington Drive
Monrovia, CA 91016
Katie Ward /
Stefanie Hernandez
[email protected] b;
[email protected]; Office
626-457-1800
Capital Projects Committee -
Alameda Corridor East
Authority (ACE)
Peralta Melendez $0 Meets every 4th Monday
12:00 p.m.

West Covina City Hall
1444 W. Garvey Avenue
West Covina, CA
Gateway Cities Council of
Governments
Cobos-Cawthorne -
Appointed on 2/10/21
Torres $125.00 Meet 1st Wednesday of the
month
6:00 p.m.

Gateway Cities Office
16401 Paramount Blvd, Paramount, CA
Genny Cisneros [email protected] /
(562) 663-6850
Independent Cities Association Torres Melendez $0 Meets 2nd Thursday of the month
7:00 p.m.

Location varies each month - [email protected]
Montebello Chamber of
Commerce
Peralta $0 Meets Bi-weekly Montebello Chamber of Commerce 817 West Whittier Blvd.

Montebello, CA 90640
League of California Cities Cobos-Cawthorne Torres
Alternate - Jimenez
$0 Meets four times a year, 4th
Thursday of the month; 6-8
p.m. Schedule found at
www.lacities.org
Location Varies Kristine Guerrero,
League Staff;
Jennifer Quan,
[email protected]; 626-716-0076;
[email protected] (626) 786-5142
Los Angeles County Vector
Control District
(LACVCD)
Avik Cordeiro (Resident
Reappointed 11/10/2021 - 4
yrs)
$100.00 Meets 2nd Thursday of the
month
7:00 p.m.

L.A. County Vector Control District
Headquarters
12545 Florence Avenue
Santa Fe Springs, CA 90670
Truc Dever [email protected]
Southeast Area Animal Control
(SEAACA)
Cobos-Cawthorne Melendez $225.00 Meet 3rd Thursday
2:00 p.m.

Seaaca Office
9777 Seaaca Street
Downey, CA 90241
Cathy Kyle,
Manager,
HR/Finance
[email protected] / (562) 803-
3301 Ext. 221
Southern California Association
of Governments (SCAG)
Peralta Melendez $0 - unless
Regional
Councilmember
(CM) or Policy CM
Meets 1st Thursday of the
month
9:00 a.m.

SCAG Main Office
Wilshire Grand Center
900 Wilshire Boulevard, Suite 1700
Los Angeles, CA 90017
Maggie
Aguilar/Cecilia
Pulido
Maggie Aguilar, Clerk of the Board,
(213) 630-1420, [email protected]
Cecilia Pulido, Deputy Clerk of the
Board, (213) 630-1480,
[email protected]
City Council Assignments to Other Jurisdictions

ATTACHMENT A
2022
Name of Committee / Task
Force Members Name #1 Name #2 Date of Appointment
Ashiya Sister City
Association Ad Hoc 1 Angie Jimenez N/A 1/13/2021
Economic Development Ad
Hoc 2 Kimberly Cobos-
Cawthorne Scarlet Peralta 3/10/2021
Homelessness Task Force 2 Salvador Melendez Angie Jimenez 3/10/2021 Streets Ad Hoc 2 Kimberly Cobos-
Cawthorne Angie Jimenez 3/10/2021
Transit Ad Hoc 2 David Torres Scarlet Peralta 3/10/2021 * Joint
School District Ad
Hoc 2 Pending Approval from
MUSD
Washington Coalition 2 Salvador Melendez Angie Jimenez SM 1/13/2021 ; AJ 3/3/2021
Farmers Market Ad Hoc 2 Scarlet Peralta Salvador Melendez 4/14/2021 Military Task Force 2 Cobos-Cawthorne Jimenez 8/11/2021 Innovating Commerce
Serving Communities Ad-
Hoc”
2 Pending Pending Pending approval on
1/12/21
Beautification Ad Hoc
Committee --- Dissolved 3/3/2021
Cannabis Ad Hoc
Committee --- Dissolved 3/3/2021
Centennial Ad Hoc
Committee --- Dissolved 3/3/2021
Solid Waste Ad Hoc
Committee --- Dissolved 3/3/2021
Ad Hoc and Task Force Assignments
Updated 1/6/2022

ATTACHMENT B
ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL/ SUCCESSOR AGENCY

AGENDA STAFF REPORT
TO
: Honorable Mayor and Members of the City Council
F
ROM: René Bobadilla, Executive Director of Successor Agency BY: M
ichael Solorza, Director of Finance for Successor Agency S
UBJECT: Adopt City Council Resolution No. 22 -02/Successor Agency Resolution No. 22 -01 for the Recognized Obligation Payment Schedule for the Fiscal Year 2021- 22 (ROPS 21 -22) and City Council Resolution No. 22-03/Successor Agency Resolution No. 22 -02 for the Administrative Budget for the Fiscal Year 2021-2022
D
ATE: January 12, 2022

OBJECTIVE
I
t is recommended that the Successor Agency to the former Community Redevelopment Agency of the City of Montebello:
1) A
pprove and adopt City Council Resolution No. 22-02 and Successor Agency Resolution No. 22-01 for the Recognized Obligation Payment Schedule for the Fiscal Year 2021-22 (ROPS 21-22); and
2) A
pprove and adopt City Council Resolution No. 22-03 and Successor Agency Resolution No. 22-02 for the Administrative Budget for the Fiscal Year 2021- 2022; and
3) T
ake such additional, related, action that may be desirable.

BACKGROUND
A
. The Dissolution Law – ROPS and Administrative Budget Requirements T
he Community Redevelopment Agency of the City of Montebello (Agency ) was dissolved effective February 1, 2012, by Assembly Bill 1x 26 (AB 26 ) and the California Supreme Court’s decision in California Redevelopment Association v. Matosantos. As 12 CITY COUNCIL /SUCCESSOR AGENCY AGENDA REPORT – MEETING OF JANUARY 12, 2022
Adopt City Council Resolution No. 22 -02/Successor Agency Resolution No. 22 -01 for the Recognized Obligation Payment Schedule for the Fiscal Year 2021 -22 (ROPS 21 -22) and City Council Resolution No. 22 -03/Successor Agency Resolution No. 22 -02 for the Administrative Budget for the Fiscal Year 2021- 2022

Page 2 of 4 ends

authorized by AB 26, the City Council of the City of Montebello adopted a resolution electing to serve as the “successor agency” to the dissolved Agency and thereby assumed responsibility for winding down the Agency’s affairs.

Under AB 26, the Successor Agency’s responsibilities included preparing a Recognized Obligation Payment Schedule ( ROPS) that listed payments due on all “enforceable obligations” during that period. Before it became effective, each ROPS was required to be approved by the Montebello Oversight Board and the State Department of Finance (DOF). The Oversight Board has previously approved several iterations of the Successor Agency’s ROPS since dissolution in 2012, and each has been subsequently approved by the State DOF.

AB 26 also required the Successor Agency to c reate an “administrative budget .” The administrative budget was required to include: (1) estimated amounts for successor agency administrative costs for the upcoming twelve month period; (2) proposed payment sources for such costs; and (3) arrangements for administrative and operations services to be provided by the City . The administrative budget was required to be approved by the Oversight Board and DOF.

The Successor Agency’s administrative budget is funde d by the “administrative cost allowance,” which – under the Dissolution Law – was three percent (3%) of the money allocated to the Successor Agency to pay approved enforceable obligations during the applicable payment period, or $250,000, whichever was greater.

B. Changes Enacted by Senate Bill 107

In September 2015, Senate Bill 107 ( SB 107) became law and made significant revisions to the redevelopment dissolution law. As relevant here, these changes included an annual ROPS to replace the previously required bi-annual process.

The new process requires the Successor Agency to submit an Oversight B oard- approved ROPS covering the 2021- 22 Fiscal Year to DOF before February 1, 202 1. 1 This ROPS must include estimates of payments due on all enforceable obligations during the entire 2021-22 Fiscal Year.

If the Successor Agency does not meet the February 1 deadline, SB 107 provides for the imposition of significant penalties against the C ity (e.g. a civil penalty of $10,000 per

1 ROPS covering subsequent fiscal years are required to be submitted to DOF each February 1, unless and until the Successor Agency obtains approval of a “Last and Final ROPS” in accordance with the procedures set forth in SB 107.

CITY COUNCIL /SUCCESSOR AGENCY AGENDA REPORT – MEETING OF JANUARY 12, 2022
Adopt City Council Resolution No. 22 -02/Successor Agency Resolution No. 22 -01 for the Recognized Obligation Payment Schedule for the Fiscal Year 2021 -22 (ROPS 21 -22) and City Council Resolution No. 22 -03/Successor Agency Resolution No. 22 -02 for the Administrative Budget for the Fiscal Year 2021- 2022

Page 3 of 4 ends

day for each day, and reduction in the Successor Agency’s administrative cost allowance).

DOF is required to issue a determination on the ROPS before April 15, 2021, and SB 107 preserves the Successor Agency’s abi lity to dispute DOF determinations through a meet-and-confer process.

SB 107 also made changes to the administrative budget process. The Successor Agency’s administrative budget must include the same information previously required, and must be approved by the Oversight Board. However, it no longer must be approved by DOF.

Additionally, SB 107 made changes to the administrative cost allowance available to fund the budget. Commencing July 1, 2016 , the administrative cost allowance cannot exceed the lesser of the following: (1) three percent (3%) of the money allocated to the Successor Agency to pay approved enforceable obligations during the preceding fiscal year; (2) fifty percent (50%) of the money allocated to the Successor Agency to pay approved enforceable obligations during the applicable fiscal year; or (3) $250,000.

Pursuant to Health and Safety Code Section 34179(q), commencing on July 1, 2018, the County of Los Angeles, where more than 7 0 oversight boards were created by the Dissolution Act, shall have five consolidated oversight boards each encompassing the five supervisorial districts. The First Supervisorial District Consolidated Oversight Board has jurisdiction over the Successor Agency of the former Community Red evelopment Agency to the City of Montebello.

ROPS 21 -22 was presented to the First Supervisorial District Consolidated Oversight Board on January 11, 2021 in a regular meeting. Given the timing of agenda submissions, it is assumed that the Consolidated Oversight Board approved Montebello’s ROPS 21- 22 with no changes. Should there have been changes made, Staff will provide a verbal update when this item is presented to the Successor Agency and recommend changes to the requested action. Given the prior approvals of the ROPS, Staff does not anticipate any changes to ROPS 21- 22 by the Consolidated Oversight Board.

DISCUSSION

The Successor Agency’s ROPS covering the payment period of July 1, 2021, to June 30, 20 22 (ROPS 20 -21), is attached for the Successor Agency’s consideration (Attachment 2) . The Successor Agency is requesting a total of $8,480,831 in Redevelopment Property Tax Transfer Fund ( RPTTF) revenue to fund a variety of CITY COUNCIL /SUCCESSOR AGENCY AGENDA REPORT – MEETING OF JANUARY 12, 2022
Adopt City Council Resolution No. 22 -02/Successor Agency Resolution No. 22 -01 for the Recognized Obligation Payment Schedule for the Fiscal Year 2021 -22 (ROPS 21 -22) and City Council Resolution No. 22 -03/Successor Agency Resolution No. 22 -02 for the Administrative Budget for the Fiscal Year 2021- 2022

Page 4 of 4 ends

enforceable obligations. (The July – December 2021 period requests $4,972,369 and the January – June, 2021 period requests $3,508,462.) Al l enforceable obligations on the attached ROPS are debt service, notes payable, or approved administrative costs, and have been previously reviewed and approved by the Oversight Board and State DOF. There are no changes in this ROPS from previous ROPS in terms of the specific enforceable obligations (just updating amounts due and amounts outstanding).

Also attached is the Successor Agency’s Administrative Budget for the 2021- 22 Fiscal Year (Attachment 4) . Staff has prepared the budget i n accordance with SB 107’s revised requirements, and it allocates available funding to various administrative / overhead expenses of the Successor Agency.

SUMMARY

It is recommended that the Successor Agency to the former Community Redevelopment Agency of the City of Montebello approve and adopt the Recognized Obligation Payment Schedule for Fiscal Year 2021- 22 (ROPS 21- 22) and Associated Administrative Budget and take such additional, related, action that may be desirable.

ATTACHMENTS:

A. Attachment A – Resolution Approving ROPS 21-22
B. Attachment B – ROPS 21-22 Detail
C. Attachment C – Resolution Approving the Administrative Budget for Fiscal Year 2021-2022
D. Attachment D – Administrative Budget for Fiscal Year 2021-22

CITY COUNCIL RESOLUTION NO. 22-02
SUCCESSOR AGENCY RESOLUTION NO. 22-01

A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER COMMUNITY

REVELOPMENT AGENCY OF MONTEBELLO APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2021-2022 (ROPS 21-22)

WHEREAS, pursuant to ABx1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 (“Dissolution Act”), the Community Development Agency of the City of Montebello was dissolved as of February 1, 2012, and the City of Montebello elected to serve as the Successor Agency to the Former Community Development Agency to the City of Montebello.

WHEREAS, the former Community Redevelopment Agency of the City of Montebello (“Agency”) was a community redevelopment agency organized and existing under the California Redevelopment Law;

WHEREAS, pursuant to Health and Safety Code Section 34179(q), commencing on and after July 1, 2018, the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution A ct, shall have five consolidated oversight boards each encompassing the five supervisorial districts;

WHEREAS, the Dissolution Act previously required the Successor Agency to prepare a “recognized obligation payment schedule” (“ROPS”) for each six (6) month fiscal period, listing all payments due on enforceable obligations during that fiscal period;

WHEREAS, Senate Bill 107 (“SB 107”) was enacted in September 2015, and replaced the biannual ROPS process with a requirement that an annual ROPS be prepared for all fiscal years commencing after January 1, 2016;

WHEREAS, after preparation by the Successor Agency , each ROPS must be submitted to and approved by the Oversight Board, and, before February 1 of the applicable fiscal year, an Oversight Board- approved ROPS must be transmitted to the Los Ang eles County Auditor -Controller and the California Department of Finance for review; and

WHEREAS, the Successor Agency has duly considered the ROPS covering the July 1, 2021, to June 30, 2022, payment period (“ROPS 21- 22”), as such is attached to this Resolution, and is satisfied that such ROPS complies with the statutory mandates of the Dissolution Act.

NOW THEREFORE, THE SUCCESSOR AGENCY HEREBY FINDS,
DECLARES AND RESOLVES AS FOLLOWS:

SECTION 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part hereof.

CITY COUNCIL RESOLUTION NO. 22-02 / SUCCESSOR AGENCY RESOLUTION NO. 22-01

Page 2 of 3 ends

SECTION 2. The Successor Agency hereby approves the Recognized Obligation Payment Schedule for the period of July 1, 2021, to June 30, 2022, as such ROPS 21- 22 is attached hereto this Resolution.

SECTION 3. The Successor Agency will take such further action(s) as required to obtain approval of ROPS 21- 22 by the First Supervisorial Consolidated Oversight Board and the California Department of Finance, and to ensure all obligations listed on ROPS 21-22 are timely paid and performed.

SECTION 4. The Secretary shall certify to the passage and adoption of this resolution, which shall become effective immediately upon adoption.

PASSED, APPROVED and ADOPTED this 12
th day of January, 2022.

________________________________________
Kimberly A. Cobos-Cawthorne, Mayor/Chairperson

ATTEST: APPROVED AS TO FORM:

___________________________ ___________________________ Christopher Jimenez, Arnold Alvarez-Glasman,
City Clerk / Agency Secretary City Attorney / Agency Counsel

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

CITY COUNCIL RESOLUTION NO. 22-02 / SUCCESSOR AGENCY RESOLUTION NO. 22-01

Page 3 of 3 ends

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-02 / Successor Agency Resolution No. 22-01 was passed and adopted by the City Council / Successor Agency of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 12
th day of January 2022 and that said
Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

Montebello
Recognized Obligation Payment Schedule (ROPS 21-22) - ROPS Detail July 1, 2021 through June 30, 2022

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
21-22
Total
ROPS 21-22A (Jul - Dec)
21-22A
Total
ROPS 21-22B (Jan - Jun)
21-22B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$35,194,643 $8,480,831 $- $201,368 $- $4,646,001 $125,000 $4,972,369 $- $- $- $3,383,462 $125,000 $3,508,462 6 Tax Allocation
Parity Bonds
2007 Series
B (Hillside)
Bonds
Issued On or
Before 12/
31/10
03/01/
2007
03/01/2019 Bank of
New York
Land and
Infrastructure
Improvements
Montebello
Hills
1,136,178 N $379,418 - - - 29,709 - $29,709 - - - 349,709 - $349,709 10 Tax Allocation
Parity
Refunding
Bonds So Ind
2007 Series
A
Bonds
Issued On or
Before 12/
31/10
09/01/
2007
09/01/2022 Bank of
New York
Infrastructure
Improvements
South
Industrial
1,387,193 N $692,605 - - - 673,016 - $673,016 - - - 19,589 - $19,589 12 2002 Housing
Tax Allocation
Parity Bonds
MERP
Housing)
Bonds
Issued On or
Before 12/
31/10
09/01/
2002
09/01/2024 Bank of
New York
Low/Mod
Senior
Housing
MERP 1,475,000 N $489,730 - 201,368 - 288,362 - $489,730 - - - - - $- 16 Ostrom
Chevrolet
Note Payable
Third-Party
Loans
02/01/
2009
01/31/2030 Sevecherian Purchase of
Former
Ostrom
Chevrolet
Property
MERP 3,040,008 N $337,778 - - - 168,889 - $168,889 - - - 168,889 - $168,889 21 Administrative
Transaction
fee
Admin Costs 07/05/
2012
06/30/2014 Various Admin
Overhead
and other
G&A Chgs
Agency 250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 22 Arbitrage
Calculation
Costs on
Bonds
Fees 03/01/
1997
03/01/2027 Arbitrage
Compliance
Specialists
Preparation of
Federal &
State
Arbitrage
Compliance
Computations
Agency 8,000 N $8,000 - - - 3,000 - $3,000 - - - 5,000 - $5,000 24 Project
Maintenance
Costs
Property
Maintenance
07/01/
2012
06/30/2030 Various Costs
associated
with maintain
property
owned by SA
Montebello
Hills
30,000 N $30,000 - - - 15,000 - $15,000 - - - 15,000 - $15,000 26 Fiscal agent
fees
Fees 07/01/
1997
03/01/2027 BNY
Western
Trust
BNY Western
Trust
Agency 20,000 N $20,000 - - - 15,000 - $15,000 - - - 5,000 - $5,000 36 Low Mod
Housing
Deferral
Unfunded
Liabilities
01/28/
2009
12/31/2033 City of
Montebello
Successor
Per
33333.6(g) of
California
Montebello
Hills
5,154,689 N $420,000 - - - 210,000 - $210,000 - - - 210,000 - $210,000

HOUSING 02,
HILLSIDE 97,

HILLSIDE
98A,

HILLSIDE
99A,

HILLSIDE
09A, SI 99A,
SI 99B
15,643,575 N $3,503,300 - - - 3,243,025 - $3,243,025 - - - 260,275 - $260,275 50 Tax Allocation
Parity
Refunding
Bonds 1999
Series B
(Hillside)
Bonds
Issued On or
Before 12/
31/10
11/01/
1999
03/01/2024 Bank of
New York
Land and
Infrastructure
Improvements
7,050,000 N $2,350,000 - - - - - $- - - - 2,350,000 - $2,350,000 Montebello
Recognized Obligation Payment Schedule (ROPS 21-22) - Report of Cash Balances July 1, 2018 through June 30, 2019
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 18-19 Cash Balances
(07/01/18 - 06/30/19)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/18)
RPTTF amount should exclude "A" period distribution
amount.
530,047 4,118,116 271,356
2 Revenue/Income (Actual 06/30/19)
RPTTF amount should tie to the ROPS 18-19 total
distribution from the County Auditor-Controller
6,021,823 6,994,867
3 Expenditures for ROPS 18-19 Enforceable Obligations
(Actual 06/30/19)
530,047 5,778,422
4 Retention of Available Cash Balance (Actual 06/30/19) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 18-19 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 18-19 PPA
form submitted to the CAC

No entry required
1,217,658
6 Ending Actual Available Cash Balance (06/30/19)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $10,139,939 $270,143
Montebello
Recognized Obligation Payment Schedule (ROPS 21-22) - Notes July 1, 2021 through June 30, 2022
Item # Notes/Comments
6 10
12 16
21 22
24 26
36 47
50 CITY COUNCIL RESOLUTION NO. 22-03
SUCCESSOR AGENCY RESOLUTION NO. 22-02

A RESOLUTION OF THE SUCCESOR AGENCY OF THE FORMER COMMUNITY

REDEVELOPMENT AGENCY OF MONTEBELLO APPROVING THE
ADMINISTRATIVE BUDGET FOR FISCAL YEAR 2021-2022
WHEREAS, pursuant to ABx1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 (“Dissolution Act”), the Community Development Agency of the City of Montebello was dissolved as of February 1, 2012, and the City of Montebello elected to serve as the Successor Agency to the Former Community Development Agency to the City of Montebello.

WHEREAS, the former Community Redevelopment Agency of the City of Montebello (“Agency”) was a community redevelopment agency organized and existi ng under the California Redevelopment Law;
WHEREAS, pursuant to Health and Safety Code Section 34179(q), commencing on and after July 1, 2018, the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, shall have five consolidated oversight boards each encompassing the five supervisorial districts; WHEREAS, the Dissolution Act previously required the Successor Agency to prepare a proposed administrative budget for each six (6) month period and submit it to the Oversight Board and California Department of Finance (“DOF”) for approval; WHEREAS, Senate Bill 107 (“SB 107”) was enacted in September 2015, and requires the Successor Agency to create an administrative budget for each fiscal year, and to submit it to the Oversight Board for approval;
WHEREAS, the administrative budget is required to include estimated amounts for Successor Agency administrative costs, proposed sources of payment for such costs, and proposals for arrangements for administrative and operations services provided by a city;
WHEREAS, under SB 107, the administrative budget is not subject to review and approval by DOF; and
WHEREAS, the Successor Agency has duly considered the Administrative Budget covering the 2021-2022 Fiscal Year, as such is attached to this Resolution, and is satisfied that such complies with the statutory mandates of the Dissolution Act.

NOW THEREFORE, THE SUCCESSOR AGENCY HEREBY FINDS,
DECLARES AND RESOLVES AS FOLLOWS:

SECTION 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part hereof.

ATTACHMENT C
CITY RESOLUTION NO. 22-03 / SUCCESSOR AGENCY RESOLUTION NO. 22-02

Page 2 of 3 ends

SECTION 2. The Successor Agency hereby approves the Administrative Budget for the 2021-2022 Fiscal Year as attached hereto this Resolution.

SECTION 3 . The Secre tary shall certify to the passage and adoption of this resolution, which shall become effective immediately upon adoption

PASSED, APPROVED and ADOPTED this 12th day of January, 2022

________________________________________
Kimberly A. Cobos-Cawthorne, Mayor/Chairperson

ATTEST: APPROVED AS TO FORM:

___________________________ ___________________________ Christopher Jimenez, Arnold Alvarez-Glasman,
City Clerk / Agency Secretary City Attorney / Agency Counsel

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-03 / Successor Agency Resolution No. 22-02 was passed and adopted by the City Council / Successor Agency of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 12th day of January 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY RESOLUTION NO. 22-03 / SUCCESSOR AGENCY RESOLUTION NO. 22-02

Page 3 of 3 ends

DATE:

Christopher Jimenez, City Clerk

City of Montebello Successor Agency
Administrative Budget
For the period July 1, 2021 to June 30, 2022
July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total
8,983 8,983 8,983 8,983 8,983 8,983 8,983 8,983 8,983 8,983 8,983 8,983 107,796 4,167 4,167 4,167 4,167 4,167 4,167 4,167 4,167 4,167 4,167 4,167 4,167 50,004 Indirect Property Maintenence Costs 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 30,000 Legal Administrative Costs 5,183 5,183 5,183 5,183 5,183 5,183 5,183 5,183 5,183 5,183 5,183 5,183 62,200 20,833 $ 20,833 $ 20,833 $ 20,833 $ 20,833 $ 20,833 $ 20,833 $ 20,833 $ 20,833 $ 20,833 $ 20,833 $ 20,833 $ 250,000 $ Payment Source – Administrative Cost Allowance / RPTTF
Arrangements w/ City re Administrative Services – Successor Agency will utilize City staff / contracted professional service providers to provide administrative support as appropriate Accounting costs for ROPS
Preparation and other admin functions
Allocation of Payroll Cost for City of
Montebello Staff

ATTACHMENT D
ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Alicia Fernandez, Deputy City Clerk
S
UBJECT: Adopt Resolution No. 22-04 Amending Resolution No. 20-80 updating the Conflict of Interest Code for the City of Montebello D
ATE: January 12, 2022
RECOMMENDATION:

I
t is recommended that the City Council:
1) A
dopt Resolution No. 22-04, a Resolution of City Council of the City of Montebello, California, Amending Resolution No. 20-80 updating the Conflict of Interest Code for the City of Montebello in compliance with Government Code requirements; and 2) Dir
ect the City Clerk’s office to file the 2022 Local Biennial Notice with the Fair Political Practices Commission; and
3) T
ake such additional, related, action that may be desirable.

FISCAL IMPACT
T
here is no fiscal impact to the City.

BACKGROUND
T
he Political Reform Act (Government Code Section 87300) requires that the “code reviewing body,” here, the City Council, adopt a Conflict of Interest Code for each of the local agencies within its jurisdiction and designate employee positions within each agency that should make disclosures of econ omic interests. Any position that makes or participates in making governmental decisions which may foreseeably have a material effect on his or her financial interest should be designated in the Conflict of Interest Code.

It should be noted that other City officials, such as the City Council, City Manager , City 13 CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Adopt Resolution No. 22-04 Amending Resolution No. 20-80 updating the Conflict of Interest Code for the City of Montebello

Page 2 of 2 ends

Attorney and Planning Commissioners are required to disclose economic interests under Government Code Section 87200 and not the City’s Conflict of Interest Code.

The City Council last amended the City of Montebello’s Conflict of Interest Code in 2020 with the adoption of Resolution No. 20-80.

ANALYSIS

Government Code Section 87306.5 requires that the City review its Conflict of Interest Codes biennially (even- numbered years) to determine whether the Codes need to be revised or amended. City staff has undertaken this review and determined that the listing of designated employees attached to the City’s Conflict of Interest Code should be updated. Inclusion of particular staff positions in the Conflict of Interest Code is based on whether a position is involved in making or participating in making governmental decisions. The List of Designated Employees attached as “Appendix A” to the Resolution reflect a current list of employee positions that qualify as filers within the provision of the Political Reform Act and implementing regulations.

SUMMARY

The City Attorney’s Office has reviewed the Conflict of Interest Codes and amendments.

It would be appropriate for the City Council to adopt a Resolution updating the Conflict of Interest Code for the City of Montebello.

ATTACHMENT:

A. Attachment A – Resolution No. 22-04

ATTACHMENT A
RESOLUTION NO. 22-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, AMENDING THE CONFLICT OF

INTEREST CODE FOR THE CITY OF MONTEBELLO IN ACCORDANCE

WITH THE POLITICAL REFORM ACT

RECITALS

WHEREAS, the Political Reform Act, Government Code Sections 81000 et seq., requires the City of Montebello to adopt, promulgate, and take action regarding the adoption of a Conflict of Interest Code; and

WHEREAS, the Fair Political Practices Commission has adopted Title 2, Division 6, California Code of Regulations, Section 18730, which contains the terms of a Standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and

WHEREAS, the Political Reform Act, Government Code Section 87306.5 requires every government agency to conduct biennial reviews of their Conflict of Interest Code; and

WHEREAS, the City Council last amended the City of Montebello’s Conflict of Interest Code in 2020 with the adoption of Resolution No. 20-80; and

WHEREAS, the City Council approves and accepts City staff’s completed review of the Conflict of Interest Code and recommended changes to same; and

WHEREAS, the City of Montebello wishes to amend previous Resolution No. 20 - 80, amending the existing Conflict of Interest Code for the City of Montebello.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. AMEND. The City of Montebello amends the City of Montebello Conflict of Interest Code.

SECTION 2. ADOPTION. In compliance with Government Code Section 87300, the terms of Regulation 2, California Code of Regulations, Section 18730 – The Standardized Conflict of Interest Code and any amendments to it , duly adopted by the Fair Political Practices Commission, along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of Montebello (Exhibit “1”), which is considered the “Agency” within the purview of this Code.

SECTION 3. STATEMENTS. Designated employees shall file their statements with the Deputy City Clerk, who shall be and perform the duties of filing officer for the City RESOLUTION NO. 22-04

Page 2 of 3 ends

of Montebello. All newly designat ed employees shall file an initial statement within thirty (30) days after the effective date of the herein Code. The annual Statement of Economic Interests shall be duly filed no later than April 1 of each calendar year. Statements will be available for inspection and reproduction pursuant to Government Code section 81008.

SECTION 4. PUBLIC OFFICIALS AND EMPLOYEES DESIGNATED . Attached as Appendix “A” to this Resolution and incorporated by reference herein is the updated list of the Public Officials and Employees designated and covered by this code.

SECTION 5. DISCLOSURE CATEGORIES . Attached as Appendix “B” to this Resolution and incorporated by reference herein are the updated Disclosure Categories of this code.

SECTION 6. SAVINGS CLAUSE . Any change provided for in this Conflict of Interest Code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in connection with any other Conflict of Interest Code.

SECTION 7. EFFECTIVE DATE. This Resolution supersedes previous Resolution No. 20-80 and shall take effect immediately upon its adoption by the City Council . The City Clerk shall certify to the passage and adoption of this Resolution.

APPROVED AND ADOPTED this 12th day of January 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 22-04

Page 3 of 3 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-04 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 12 th day of January 2022
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

DATE:

Christopher Jimenez, City Clerk

Exhibits:
• Exhibit 1 – Conflict of Interest Code

Appendices:
• Appendix A – List of Designations
• Appendix B – Disclosure Categories

CONFLICT OF INTEREST CODE

CITY OF MONTEBELLO

SECTION 1. AUTHORITY. This code i s adopted pursuant to and in compliance with Section 87300 of the California Government Code.

SECTION 2. STANDARDIZED CODE ADOPTED. The terms of Title 2, Division 6, California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and along with the attached Appendix “A,” in which officials and employees are specified and designated, and Appendix “B”, in which disclosure categories are set forth, to constitute the Conflict of Interest Code of the City of Montebello which is considered the “Agency” within the purview of this Code.

The herein Conflict of Interest Code of the City of Montebello, so adopted, amends any Conflict of Interest Code of the City of Montebello, previously in effect, to conform to the herein newly adopted Code. All terms or words in this Conflict of Interest Code and in its Exhibits shall have such meanings as are associated hereto in the Political Reform Act, as amended from time to time.

SECTION 3. STATEMENTS. Designated employees shall file statements of economic interests with the City Clerk, who shall be and will perform the duties of filing officer for the City of Montebello. All newly designated employees shall file an init ial statement within thirty days after the effective date of the herein Code. The annual statement of economic interests shall be duly filed no later than April 1 of each calendar year.

SECTION 4. EFFECTIVE DATE. This Code shall take effect immediately upon its approval by the City Council of the City of Montebello.

EXHIBIT 1

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APPENDIX “A”

LIST OF DESIGNATIONS

The following is a listing of those persons who are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended:

Public Officials required to file Disclosure Statements:

Mayor
City Council
City Manager
City Clerk
City Treasurer
City Attorney

Note: All the above are category 1 filers.

Commission Members required to File Disclosure Statements:

Planning Commissioners
Fiscal Accountability and Investment Committee
Personnel Advisory Commission
Parks and Recreation Commission
Traffic Committee

Note: All the above are category 1 filers.

Designated Position Disclosure
Categories
Accountant 1, 4
Accounting Manager 1, 4
Assistant City Manager 1, 4, 6
Assistant Fire Chief* 1, 4
Building Official 1, 4, 6
Captain (Fire/Police) 1, 4
Deputy City Clerk 1, 4
Deputy Director 1, 4
Deputy Director of Finance 1, 4, 6
Deputy Fire Chief* 1, 4
Director of Finance 1, 4, 6
Director of Human Resources and Information Technology 1, 4, 6, 8, 9 Director of Planning & Community Development 1, 4, 6, 7 Director of Public Works 1, 4, 6
Director of Recreation & Community Services 1, 4
Director of Transportation 1, 4
Economic Development Manager* 1, 6
Fire Battalion Chief 1, 4
Fire Chief 1, 4

Page 2 of 2 ends

Designated Position Disclosure
Categories
Fire Inspector I/II 1, 4
Fire Marshal 1, 4
Human Resources Manager* 1, 4, 6
Planning Manager 1, 6
Police Chief 1, 4
Risk Manager 1, 4, 6
Senior Management Analyst 1, 4
Transit Administrative Manager 1, 4
Transit Finance Supervisor 1, 4

CONSULTANTS

Consultant that make or participate in making government decisions shall disclose information required by Categories 1, and 4 herein, subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and this is not required to comply fully with the disclosure re quirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager’s determination is public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
1, 4
*indicates new positions

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APPENDIX “B”

DISCLOSURE CATEGORIES

Definition

'"Unit" as used in this text means the particular department, board, commission, office or other entity using the disclosure category.

Category

1. All investments, business positions, sources of income, including gifts, loans, and travel payments, and interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

2. All investments, business positions and sources of income, including gifts, loans, and travel payments.

3. All interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

4. All investments, business positions, and sources of income, including gifts, loans, and travel payments from sources that provide leased facilities, supplies, equipment, vehicles, machinery, or services, including training or consulting services of the type utilized by the City

5. All investments, business positions, and sources of income, including gifts, loans, and travel payments from sources that provide leased facilities, supplies, equipment, vehicles, machinery, or services, including training or consulting services of the type utilized by the employee's unit or area of authority.

6. All investments and business positions in business entities and income from sources
engaged in construction, development, building or material supply, including public works projects.

7. All investments, business positions, and sources of income, including gifts, loans, and
travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City.

8. All investments and business positions in, and income from business entities or employment agencies which provide employment or pre-employment services.

Services include, but are not limited to testing, training, consulting, job classification studies and salary surveys.

9. Investments and business positions in, and income from business entities which are the type to provide any of the various types of employee insurance coverage and/or actuarial services.

ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: James Enriquez, Director of Public Works / City Engineer S
UBJECT: Report of Emergency Repair and Replacement of the Beach Street Storm Drain
D
ATE: January 12, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) R
eceive and file the City Manager’s report of an emergency repair of the Beach Street Storm Drain pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and
2) D
etermine and find that the severely deteriorated conditi on of the Beach Street Storm Drain poses a serious and eminent threat to public safety due to its severely deteriorated condition; and
3) B
y a four-fifths vote of the City Council authorize the dispensing of a formal bidding procedure for the replacement of the Beach Street Storm Drain, in accordance with California Public Contract Code Section 22035 and Montebello Municipal Code Chapter 3.20.140; and
4) A
uthorize the City Manager to finalize the proposed Agreement No. 3947 with Mike Bubalo Construction Co. (attached hereto in substantial form as Attachment B) for the construction of the replacement of the Beach Street Storm Drain at an estimated total cost of $390,000; and
5) A
mend the Fiscal Year 2021- 22 budget by increasing appropriations $ 535,000 in Account No. 100- 30-315-6040.45 (General Fund, Public Works, Stormwater, Contract Services – Storm Drain Maintenance) for emergency response, repair and replacement work; and
14 CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Report of Emergency Repair and Replacement of the Beach Street Storm Drain

Page 2 of 4 ends

6) Take such additional, related, action that may be desirable.

FISCAL IMPACT

Because of the uncertain nature and extent of the damage, the cost of the initial emergency response and repair services provided by Mike Bubalo Construction Co. was tracked on a time-and-material basis. This initial cost is not anticipated to exceed $125,000.

The recommended emergency replacement of the Beach Street Storm Drain is estimated to cost $410,000. The total cost of $535,000 will be paid from the General Fund, Account No. 100- 30-315-6040.46 (Public Works, Stormwater, Contract Services – Storm Drain Maintenance).

A portion of the City’s allocation of Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) will be utilized to offset these expenses. Sewer and water infrastructure repair is one of the various allowed uses for CSLFRF revenue. As presented at the September 1, 2021 City Council Study Session, Staff outlined various proposed uses for the $16.59 million in CSLFRF revenue the City would receive over the next two years. Sewer and water infrastructure was one of the re commended uses, given the overwhelming need to fund critical sewer, water and storm drain repair and replacement projects.

BACKGROUND

On December 14, 2021, the Director of Public Works received an email from Los Angeles County Department of Public Works (LACDPW) Stormwater Maintenance staff (Attachment A) notifying the City of damage to the dirt slope at the outlet of the Beach Street St orm Drain near the intersection of Beach Street and Bluff Road. LACDPW requested the City’s immediate attention to this matter.

In response to this email, Public Works contacted LACDPW staff and met them at the site on December 16
th to inform them that an underground contractor (Mike Bubalo Construction Co.) was on standby to complete emergency repairs prior to the storms forecasted for the following week. LACDPW issued a permit for temporary repairs and agreed to meet at the site on Monday (December 20
th) once the contractor had completed
exploratory excavation and the City had developed a plan of action for repairs that could be completed before the rain forecasted to begin on Thursday (December 23 rd). The
meeting occurred in the afternoon on Monday (December 20 th) and the County agreed to the proposed temporary repairs.

The contractor worked Monday through Thursday (the week of December 20 th) and
completed the temporary repairs as the rain started on Thursday afternoon. The work completed included constr uction of a temporary diversion pipe from the intersection of Beach Street and Bluff Road down the slope and into LACDPW ’s spreading ground. The diversion pipe intercepts the severely deteriorated storm drain pipe in the intersection and discharges at the bottom of the already severely eroded slope within the LACDPW property CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Report of Emergency Repair and Replacement of the Beach Street Storm Drain

Page 3 of 4 ends

to prevent further slope erosion. Further slope erosion could undermine Bluff Road which would likely cause the rupture of a water main (12 -inch diameter asbestos cement pipe) belonging to South Montebello Irrigation District as well as other underground utilities and cause further erosion of the slope. The temporary diversion pipe has effectively prevented further slope erosion through the recent rain storms and is anticipated to provide an adequate outlet until a permanent outlet is constructed.

On Monday (December 27th), a sinkhole was discovered at the upstream end of the storm drain system adjacent to a catch basin at the northwest corner of Beach Street and 4 th Street. The contractor completed the replacement of the catch basin connector pipe at this location on Wednesday (December 29 th), prior to the start of the rain storm that occurred on December 30th. They returned on Friday (December 31st) and Monday (January 3rd) for pavement restoration and general cleanup of the site. This completed the initial emergency response and repair services.

Additionally, an underground Closed Circuit Television (CCTV) contractor completed the CCTV inspection of the storm drain mainline pipe on Tuesday (December 28 th). The CCTV
inspection shows severe deterioration of the corrugated metal pipe (CMP) that was installed in 1948.

ANALYSIS

In response to LACDPW’s notice and demand for immediate action to prevent additional slope erosion, the contractor (i.e., Mike Bubalo Construction Co.) was issued a Notice to Proceed on a time- and-material basis without bidding under the City Manager’s authority in accordance with Section 3.20.140 of the Montebello Municipal Code. Pursuant to MM C Section 3.20.140, the City Manager has the vested authority in cases of emergency “to order any direct and immediate action necessary to repair or replace a public facility, procure the necessary equipment, services and supplies for the purposes of addressing the emergency, without giving notice for bids to let contracts….” Upon taking such action, the City Manager is required to provide a report to City Council of such action at the next regular City Council meeting. This report provides such notice.

Although the CCTV inspections show that the existing pipe is deteriorated throughout, the deterioration is especially severe in the lower half of the storm drain, between 3 rd Street
and Bluff Road. The size and number of holes in the existing pipe wall in this area are likely to cause additional erosion near the slope with continued and prolonged rain storms. The storm season to date has produced rainfall totals that are well above average and the likelihood of continued above-average rainfall for the remainder of the rain season is high.

Therefore, the replacement of the storm drain is recommended as soon as possible in order to protect the slope at Bluff R oad, the Beach Street roadway and existing underground infrastructure. At least on e sinkhole was repai red on Beach Street at 4 th Street and the likelihood of experiencing additional sinkholes along Beach Street is high.

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Report of Emergency Repair and Replacement of the Beach Street Storm Drain

Page 4 of 4 ends

Mike Bubalo Construction Co., the contactor that completed the temporary emergency outlet repair, has provided an estimate for replacing the entire storm drain upstream of the temporary outlet. This includes constructing 700 lineal feet of 24- inch reinforced concrete pipe (RCP) and appurtenant manhole structures and three catch basins at a total cost estimated at $410,000. Public Works has reviewed this estimate and it is a reasonable cost that is within the range of the market value for this type of infrastructure construction, at a lineal price of $585, including appurtenant structures. Replacement by emergency contract is recommended due to the amount of time it would take to develop plans and specifications for bidding. Adding the standard bidding procedures, the storm drain would not be replaced before the end of this rainy season.

ENVIRONMENTAL

The recommended emergency repairs are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations Title 14 Section 15269.

SUMMARY

The City Council is being asked to receive and file the City Manager’s report regarding the emergency response and repair of the Beach Street Storm Drain completed by Mike Bubalo Construction Co. Additionally, the City Council is being asked to consider authorizing the City Manager to approve an agreement with Mike Bubalo Construction Co. in the amount not-to-exceed $535,000, utilizing the emergency contracting process per California Public Contract Code Section 22035 and Montebello Municipal Code Chapter 3.20.140.

City staff will continue to coordinate the permitting by LACDPW of permanent repairs of the slope and storm drain outlet which will be completed as a separate project.

The City Council will also consider amending the adopted Fiscal Year 2021- 22 budget by increasing appropriations by $535,000, in the General Fund (Account No. 100-30-315- 6040.46, Public Works, Stormwater, Contract Services – Storm Drain Maintenance). A portion of the City’s funding from the CSLFRF will be used to offset these costs, as this project falls within a p ermitted use focused on improving sewer and water infrastructure.

ATTACHMENTS:

A. Attachment A – Email from LACDPW dated December 14, 2021 B. Attachment B – Draft Agreement

1 Enriquez, James
From: Jemellee Cruz <[email protected]>
Sent: Tuesday, December 14, 2021 1:01 PM
To: Enriquez, James; Mahdad Derakhshani
Cc: Robert Scharf; Ron Lacayo; Win Naing (PW); Ben Limosnero; Fady Attia; Orlando Almader
Subject: RHSG Basin 3W - City's drain causing erosion
Attachments: 500-900 S. Bluff road.pdf
Hello, James! This is urgent…
Our Rio Hondo SG’s Supt. and Foreman notified us of City’s damaged slope drain along Bluff Road (nearest cross street: Beach) that is causing erosion on the slope and on our RHSG’s Basin 3W access road. A light pole atop Bluff Rd is also impacted and maybe potentially cave in and fall due to the slope erosion on the edge of the street pavement. This is one of the locations where the City planned on replacing the perimeter fencing.

We’d appreciate the City’s attention on this urgent matter. Pls. let us know when you can have your City staff investigate this and meet us on site.

Thank you.

Jemellee Cruz, P.E.

She, her, hers
Civil Engineer
Los Angeles County Public Works
(562) 861-0316
NOTE: I am currently teleworking and email is the best way to reach me.

From: Orlando Almader <[email protected]>
Sent: Tuesday, December 14, 2021 11:57 AM
To: Jemellee Cruz <[email protected]>
Cc: Ben Limosnero <[email protected]>; Win Naing (PW) <[email protected]>; Fady Attia <[email protected]>; Ron Lacayo <[email protected]>; Robert Scharf <[email protected]>
Subject: RHSG Basin 3W
Good Morning,
On going right now undermining at Rio Hondo Basin 3 W access road run off water from CMP pipe coming from Bluff Rd and Beach utility pole may be at risk of falling over and access road undermining 2 RHSG crew is going to try and divert water away and back fill with dirt temporarily to prevent further damage .

Regards ,

Orlando Almader

3 4

5 6

7 8

Sent from my iPhone

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***

ATTACHMENT B

CITY OF MONTEBELLO

STANDARD PUBLIC WORKS AGREEMENT NO. 3947

WITH MIKE BUBALO CONSTRUCTION

THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on January 12, 2022 (“Effective Date”) by and between the CITY OF MONTEBELLO, a Califo rnia m unicipal corporation (the “CITY”) and MIKE BUBALO CONSTRUCTION CO., INC. (“CONTRACT OR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to retain a qualified professional contractor to provide _______ services to the CITY (“PROJECT”); and

WHEREAS, CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE , in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS

a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the CONTRACT DOCUMENTS for the PROJECT shall consist of CONTRACTOR’s Quote for the PROJECT , Scope of Work, g eneral specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the “ Agreement Documents” are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.

b. In case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:

1. This AGREEMENT and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.

2. CONTRACTOR’S Quote dated _______

3. Standard drawings

4. Details

5. Special provisions, if any

7. General specifications and all referenced specifications

STANDARD PUBLIC WORKS AGREEMENT NO. 3947

Page 2 of 13 ends

SECTION 2. THE WORK

For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.

SECTION 3. TERM

a. This Agreement shall commence upon issuance of a written “Notice to Proceed” ( as further defined below) by the CITY and shall expire one (1) year from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to one (1) additional, one-year extension upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by the CITY’s applicable, department head.

SECTION 4. COMPENSATION

CONTRACTOR hereby agrees to receive and accept the total amount of Three Hundred Ninety Thousand, Five Dollars and 00/100 Cents ($390,005.00) , which is based on performing all of the work shown on Bidders Proposal as full compensation fo r furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered i n the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent ( 5%) of said price until said time as the provisions of SEC. 18 herein have been met.

4.1. Progress Payments

Progress Payments shall be made in accordance with section the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment r equest in accordance with Public Contract Code Section 20104.50. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY , payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear int erest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period STANDARD PUBLIC WORKS AGREEMENT NO. 3947

Page 3 of 13 ends

covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.

4.2. Retention of Funds

Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council of the CITY (“City Council”) , after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY ’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

4.3. Substitution of Securities

Pursuant to Public Contract Code Sec. 22300, CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under an Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY , or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion of the Agreement , the securities shall be returned to CONTRACTOR.

SECTION 5. UNDOCUMENTED WORKERS

CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanc tions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.

SECTION 6. NOTICE TO PROCEED

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within __________________________ Working Days from the commencement thereof.

STANDARD PUBLIC WORKS AGREEMENT NO. 3947

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SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS

a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB -CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:

1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;

2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.

b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially dif fer, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order. d. In the event of a dispute between the CITY and CONTRACT OR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion dat e, and shall proceed with all work to be performed under the Agreement . CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

8.1. CONTRACTOR License.

CONTRACTOR shall possess a califor nia CONTRACTOR’s license type _____________ for the performance of the Project.

8.2. Ineligible CONTRACTOR Prohibited.

Any CONTRACTOR or SUB-CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.

8.3. Compliance with SB 854 Registration.

This P ROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded an Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to STANDARD PUBLIC WORKS AGREEMENT NO. 3947

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Labor Code section 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).

8.4. Trench and Pipeline Safety.

If this Agreement is for more than $25,000 and involves excavation of any trench five feet or more in depth, CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the CITY.

8.5. Utility Relocation.

The CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. The CITY shall reimburse CONTRACTOR for any costs incurred in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay ar ising from the removal or relocation of such unidentified utility facilities.

8.6. Third Party Claims Notification.

The CITY shall timely notify CONTRACTOR in writing of any third party claims relating to the Agreement.

8.7. Unfair Business Practices Claims.

The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or the sub- Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).

8.8. Day’s Work.

CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any SUB -CONTRACTOR for each calendar day duri ng which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).

STANDARD PUBLIC WORKS AGREEMENT NO. 3947

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8.9. Payroll Records.

CONTRACTOR shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. CONTRACTOR shall inform the CITY of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.

8.10. Employment of Apprentices.

Nothing in this Agreement prevents CONTRACTOR or any SUB -CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.

CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTOR s and SUB-CONTRACTORs must not discrimina te among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice Agreements, may be employed on public works in apprenticeable occupations.

8.11. Records Audit

In accordance with Government Code, Section 8546.7, records of both the CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SECTION 9. PREVAILING WAGES

a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relat ions (“DIR”) Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County. Wage rates shall conform with those posted at the DIR website and the Project site.

b. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

STANDARD PUBLIC WORKS AGREEMENT NO. 3947

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6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS

a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fe es and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY . Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY , provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.

SECTION 11. BONDS

a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a P erformance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.

b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”

STANDARD PUBLIC WORKS AGREEMENT NO. 3947

Page 8 of 13 ends

c. CONTRACTOR, before commencing said PRO JECT, shall furnish and file with CITY, a Warranty Bond in the amount of 50% of the Agreement price, conditioned upon the guaranty and warranty of the work and labor and materials in connection with the work performed on the Project pursuant to this Agreement in the form attached hereto as Exhibit “D.”

SECTION 12. INSURANCE REQUIREMENTS

a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A . The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.

b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy.

Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

SECTION 13. LIQUIDATED DAMAGES

In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CITY. Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of two hundred dollars ($200.00) as liquidated damages for each working day of delay in the performance of any service required hereunder.

SECTION 14. DISPUTE RESOLUTION

14.1. Claims of $375,000 or Less

A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in STANDARD PUBLIC WORKS AGREEMENT NO. 3947

Page 9 of 13 ends

accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:

(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevai l, then that party must pay all court costs and attorney's fees.

14.2 Public Contract Code 9204 Claims

CONTRACTOR shall comply with the procedure set forth in Public Contract Code section 9204 for any claim, as that term is defined therein, for one or m ore of the following:
1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement.

A summary of the provisions of Public Contract Code Section 9204 is as follows:

1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.

2. The CITY must respond within 45 days as to which claims are disputed and undisputed.

3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.

4. After meet and confer, an disputed claim remaining shall be submitted to non-binding mediation.

5. All undisputed claims shall be paid within 60 days.

SECTION 15. TERMINATION.

15.1. Termination for Convenience.

The CITY may terminate this Agreement , in whole or in part, with thirty ( 30) days’ written notice to CONTRACTOR when it is in the CITY ’s best interest. CONTRACTOR shall be paid its costs, including Agreement close-out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement , in whole, with ninety (90) days’ written notice to the CITY.

15.2 Termination for Default.

If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of STANDARD PUBLIC WORKS AGREEMENT NO. 3947

Page 10 of 13 ends

Agreement to the satisfaction of the CITY within the time specif ied in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.

15.3 Waiver of Remedies for any Breach.

In the event that the CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Agreement , such waiver by the CITY shall not limit the CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Agreement.

SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a dilige nt and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR , and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

SECTION 17. COMPLIANCE WITH APPLICABLE LAWS

CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the per formance of its obligations under this Agreement.

SECTION 18. NOTICE OF COMPLETION

Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty -five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

STANDARD PUBLIC WORKS AGREEMENT NO. 3947

Page 11 of 13 ends

SECTION 19. AUTHORITY

Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to ex ecute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.

SECTION 20. ENTIRE AGREEMENT

This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.

SECTION 21. ATTORNEY’S FEES AND COSTS

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement , the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's f ees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court all ows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

SECTION 22. INDEPENDENT CONTRACTOR

CONTRACTOR is and shall at all times remain as to the CITY , a wholly independent CONTRACTOR. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as her ein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY , nor shall the CITY officers, employees or agents be deemed the offi cers, employees, or agents of CONTRACTOR as a result of this Agreement.

SECTION 23. NOTICE

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e -mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands , requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

STANDARD PUBLIC WORKS AGREEMENT NO. 3947

Page 12 of 13 ends

To the CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With copy to: City of Montebello – Department of Public Works Attn: James Enriquez, P.E., Director/City Engineer
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: Mike Bubalo Construction Co., Inc.

Attn: _____________________
5102 Gayhurst Ave.

Baldwin Park, CA 91706
[ENTER PHONE NUMBER]
Email: [ENTER EMAIL]
An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electroni c Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 24. PROHIBITION AGAINST ASSIGNMENT

The experience, knowledge, capability and reputation of CONTRACTOR , its principals and employees were a subs tantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.

SECTION 25. CUMULATIVE REMEDIES

The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.

SECTION 26. COUNTERPARTS

This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

[SIGNATURE PAGE TO FOLLOW]
STANDARD PUBLIC WORKS AGREEMENT NO. 3947

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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date next to their respective officers duly authorized signatures in that behalf.

CITY OF MONTEBELLO
(“CITY”)

By: ___________________________________
René Bobadilla, City Manager

Date: _______

ATTEST:

_____________________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM

______________________________________
Arnold M. Alvarez-Glasman, City Attorney

MIKE BUBALO CONSTRUCTION CO.,
INC.
(“CONTRACTOR”)

By:
________________________________

Date: _______

By: ________________________

Date: _______

EXHIBITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Performance Bond
• Exhibit C – Labor and Materials Payment Bond
• Exhibit D – Warranty Bond

EXHIBIT “A”

INSURANCE REQUIREMENTS

On or before beg inning any of the work called for by any term of this Agreement , CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR ’s obligations to provide indemnity under this Agreement.

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

CONTRACTOR shall carry and maintain Comprehensive General Liability and Automobile Liability Insurance which provides the following:

Minimum coverage: Bodily injury limits of $ 2,000,000 for each person and $2 ,000,000 for each occurrence; property damage limits of $2 ,000,000 for each occurrence, $5,000,000 aggregate.

Products/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000);

A combined single limit policy wi th aggregate limits in an amount of not less than Five MILLION DOLLARS ($5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.

If a Commercial General Liability Insurance form or other form with a general ag gregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.

2. Automobile Liability.

CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverag e of at least $5,000,000 per accident for bodily injury and property damage.

3. Worker's Compensation.

CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employ ed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement , CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.

4. Additional Insureds.

The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Agreement . An endorsement to this effect shall be delivered to the CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.

5. Notice of Cancellation.

CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

6. Severability Clause.

Each of the policies of insurance shall contain a clause substantially as follows:

The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability.

7. Qualifications of Insurer.

All policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California.

8. Approval of Insurer.

The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonably withheld.

9. Payment of Premiums.

All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by the CITY.

10. Evidence of Insurance and Claims.

CONTRACTOR shall provide certificates of insurance to the CITY as evidence of insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY ’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right t o require complete, certified copies of all required insurance policies, at any time.

(Use of City Bond Form is Required)

EXHIBIT “B”

PERFORMANCE BOND

PUBLIC WORK
(CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the Principal and the City of Montebello (“ Obligee”) have entered into a written Agreement, hereinafter called the Agreement , a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.

NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the P rincipal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its SUB -CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, term s, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and i t does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

This document is signed by the respective parties on the dates next to their names.

Principal

By: __________________________________

Title: ________________________________

Surety

By: __________________________________

Title: ________________________________

Date: ________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.

--OR--

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

State of California )
)
County of ___________________________ )

On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

_________________________
City Attorney

(Use of City Bond Form is Required)

EXHIBIT “C”
Labor and Materials Payment Bond

PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the " Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..

NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUB-CONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work a greed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Agreement , or for any amounts required to be deducted, withheld and paid over to the Employment Development Department fr om the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's

fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement , plans, specifications, or agreement pertaining or relating to any scheme or work of im provement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

This document is signed by the respective parties on the dates next to their names.

Principal

By: _________________________________

Title: ________________________________

Surety

By: _________________________________

Title: ________________________________

Date: ________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California.

--OR--

State of California )
)
County of ___________________________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

________________________
City Attorney

(Use of City Bond Form is Required)
EXHIBIT “D”
Warranty Bond

PUBLIC WORKS (CALIFORNIA)

WHEREAS, the City Council of the City of _____________________________, State of California, and ________________________________________________, (hereinafter designated as "Principal") have entered into a written Agreement (the " Agreement") dated ________________________ whereby Principal agrees to install and complete certain designated public improvements, which Agreement is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

NOW, THEREFORE, we, the Principal and __________________________________ ______________________, a corporation organized under the laws of ____________________, and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of _____________________________, (hereinafter called "City"), in the penal sum of
____________________________________________________________________________Doll ars, ($__________________) lawful money of the United States, which is 50% of the amount of the Agreement, for the payment o f which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

The address at which the Principal may be served with notices, papers and other documents is:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true i ntent and meaning, and shall indemnify and save harmless the CITY , its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obli gation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the CITY in successfully enforcing such obligation, all to be tax ed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

This document is signed by the respective parties on the dates next to their names.

Principal

By: __________________________________

Title: ________________________________

Surety

By: _________________________________

Title: _______________________________

Date: _______________________________

Date: ________________________________

I declare under penalty of perjury under the laws of the State of California that the contents of the above Warranty Bond are true and correct, and that I have been duly authorized to si gn this Warranty Bond on behalf of Surety. This Declaration is signed on ___, in the City of , State of California.

--OR--

State of California )
)
County of _______________ )

On ______________ before me, ____________________________________(here insert nam e and title of the officer), personally appeared __________________________________________ _____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

(Proof of signature authorization or power of attorney must be attached)

APPROVED AS TO FORM:

__________________________
City Attorney
ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: James Enriquez, Director of Public Works / City Engineer S
UBJECT: Beach Street Pavement Rehabilitation Project - Phase 1 (From Vail Avenue to 5th Street), CP No. 883 – Engagement Letter for Construction Management & Inspection Services by AIM Consulting Services D
ATE: January 12, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) A
ward Task Order No. 2 via an Engagement Letter under Master Retainer Agreement No. 3919 with AIM Consulting Services for Construction Management and Inspection Services for a not-to-exceed-fee of $92,126; and 2) Authorize the City Manager to execute the Agreement, on behalf of the City; and 3) T
ake such additional, related, action that may be desirable.

FISCAL IMPACT
The F
iscal Year 2021-22 Capital Improvement Program (CIP) Budget approved by the City Council at the June 23, 2021 meeting includes a total amount of $1,450,000 for the Beach Street Pavement Rehabilitation Project, Phase 1 (Vail Avenue to 5th Street). The Project is funded entirely from the Road Maintenance and Rehabilitation Act (SB1) (Fund 201).

The pr
oject is fully funded at this time and no additional appropriations are recommended.

BACKGROUND
T
he Beach Street Pavement Rehabilitation Project (Phase 1) limits are from Vail Avenue to 5th Avenue and includes the removal and reconstruction of existing damaged concrete 15 CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Beach Street Pavement Rehabilitation Project - Phase 1 (From Vail Avenue to 5 th Street), CP No. 883 – Engagement Letter for Construction Management & Inspection Services by AIM Consulting Services

Page 2 of 2 ends

sidewalks, curb and gutters, cross gutters, concrete driveway approaches and concrete curb ramps. The project also includes cold milling and reconstruction of the existing asphalt concrete (AC) pavement.

On December 8, 2021, the City Council awarded a construction contract to Gentry Brothers, Inc. in the amount of $926,849.

A street project of this magnitude and complexity requires full time oversight and management by the city. Management of the project will involve contract administration, construction management and inspection, utility coordination, labor compliance, material testing, and project close out services.

The recommended Engagement Letter with AIM Consulting Services will provide the required full -time management with an experienced manager that has successfully delivered numerous street projects of this magnitude.

ANALYSIS

AIM Consulting Services (ACS) was selected for the City’s On- call Construction Management / Inspection Bench List in response to RFP No. 21-32, a qualification based selection. Master Retainer Agreement No. 3919 with ACS was approved by the City Council on October 13, 2021. The recommended Engagement Letter is Task No. 2 for ACS. The fee proposed by ACS is based on the contractual hourly rate, per the Master Retainer Agreement, for the staff that will be working on the project. Hours will be tracked monthly. It is estimated that the work for the duration of the project will require a total of 400 hours resulting in a fee of $73,600, plus sub-consultant fees in the amount of $18,526.

The total fee is $92,126.

SUMMARY

Upon approval of the recommended actions , staff will execute the Engagement Letter with AIM Consulting Services and coordinate the completion of the Project. Sufficient appropriations exist in various accounts – based on the allocated funding source per the approved CIP Budget – and, therefore, no budget amendments are needed.

ATTACHMENT:

A. Attachment A – Engagement Letter for AIM Consulting Services

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January 12, 2022

Gabriel Perez
Principal-in-Charge
AIM Consulting Services
12121 Valley Boulevard, Ste 206
El Monte, CA 91732

ENGAGEMENT LETTER FOR CONSULTANT SERVICES

SUBJECT: CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE Beach Street Pavement and Storm Drain Rehabilitation Project - Phase 1 (From Vail Avenue to 5th Street), CP No. 883
AGREEMENT NO. 3919
TASK NO. 2

The purpose of this Engagement Letter is for the City of Montebello (the “City”) to engage AIM Consulting Services (the “Consultant”) to provide construction management and inspection services pursuant to terms and conditions of the Master Retainer Agreement (Agreement No. 3919) approved by the City Council on October 13, 2021 and entered into by and between the City of Montebello and Consultant, in the manner set forth in Exhibit A, “Scope of Services” of the Master Retainer Agreement.

The Scope of Work to be completed pursuant to this Engagement Letter and the cost breakdown are set forth in Exhibit A, attached heret o. The cost for performing the services under this Engagement Letter shall not exceed ninety-two thousand one hundred and twenty -six dollars ($92,126), without prior written approval. The charges and hourly rates shall not exceed those stated and in effect when the Master Retainer Agreement was approved on October 13, 2021 and as stated in the fee schedule attached hereto as Exhibit B.

Consultant acknowledges and agrees that the personnel assigned to this Project, as set forth in Exhibit A shall not be substituted unless prior written authorization is given by the Director of Public Works / City Engineer. Pursuant to Government Code 87300 et seq ., Consultant has provided (for submittal to the City Clerk) a California Fair Political Practices Commission Statement of Economic Interest- Form 700 for each of each of its staff assigned to the Project.

By signing and returning this Engagement Letter, the authorized agent of the Consultant agrees to the provisions stated herein. The engagement of the Consultant for the services stated herein shall occur upon the execution of this letter by the Consultant and the Public Works Director pending issuance of a “Notice to Proceed.”

ATTACHMENT A

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THE CITY OF MONTEBELLO

Recommended By:

AIM Consulting Services
By:

Its:

Rene Bobadilla, P.E.

City Manager

Date:

Approved By:

City Attorney

Date:

Exhibits:

A. Scope of Work/Services under Engagement Letter and Cost Breakdown B. Master Agreement Fee Schedule

Exhibit A

Scope of Work and Cost Breakdown

12121 Valley Boulevard, Ste 206 │ El Monte, CA 91732 │ 323.271.4602 │ www.AIMCSworld.com AIM Consulting Services
December 13, 2021
Mr. James Enriquez, P.E. Director of Public Works / City Engineer City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640 – 3932
RE: B EACH STREET PAVEMENT REHABILITATION PROJECT PHASE I FROM VAIL AVENUE TO 5TH STREET, PROJECT # CP NO. 883
Dear Mr. Enriquez,
AIM Consulting Services (AIMCS) is pleased to submit the enclosed proposal for the above referenced project. AIMCS has the expertise and the management techniques to deliver a comprehensive construction management and inspection program for the City of Montebello. AIMCS provides full- service contract administration, construction management and inspection, utility coordination, labor compliance, material testing, and project close out services , encompassing s cheduling, cos t estimating, value engineering, risk assessment, constructability reviews in support of the successful execution of your project. AIMCS has provided these services on a wide variety of public works projects to upgrade and modernize infrastructure, facilities, and transportation systems in major urban areas throughout the County, with directly relevant experience in Southern California as the Program/Construction Manager and Inspector of Record for the design and construction of numerous projects for the City of Pico Rivera Department of Public Works (DPW), City of El Monte DPW, Huntington Park DPW, Los Angeles County DPW, Los Angeles Unified School District, Los Angeles Community College District and Los Angeles MTA.

AIMCS is a California 'S' Corporation, CA No. C2856830 and EID No. 22-3921891. AIMCS is certified as a MBE under the County of Los Angeles Community Business Enterprise [CBE] Program and a Small Business Enterprise [SBE] with the State of California Department of General Services [CA, DGS].

Our proposed team members includes Jonathan Ko who will act in a duel capacity as the (CM) and (Inspector of Record).

Total Not to Exceed Cost to provide CM/Inspection services for the 45 day project duration in addition to 5 days close for a total of 50 days is $73,600 not including materials testing.

Ad
ded Services
Labor Compliance - Pacific Resources (10%) $3,212.00
Materials Testing – Kleinfelder (10%) $15,313.10
As President of AIMCS and Principal-in-Charge for your projects, I have read and fully understand the services being solicited. If you have any questions regarding the information provided, please feel free to contact me at your convenience.

Sincerely,
Gabriel Perez, President

EXHIBIT A
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CONSTRUCTION MANAGEMENT SERVICES
Our Principal s and staff have experien ce in managi ng construction of capital improvement projects including bridge construction, road reconstruction and sidewalk improvements, safety improvements and utility relocations, roadway r eplacement, widening and repair work, painting and cleaning, asb estos remova l, storm water management and drainage systems, intersection and traffic signa l i mprovements, roadway and street lighting, retaining walls and landscaping, and as -needed emergency repair work.

M
uch of AIMCS ’s work has involved overseeing the i mplementation of complex construction stag ing plans and MOT schemes to minimize impacts on ongoing transportation and business operations. In addition, Our proposed construction managers have experience working with Public Agencies on similar assignments, including experience in dealing with Public Agency Staff, Council and Commissions.

O
ur services include d esign management, value engineering, constructability reviews, construction contract p ackaging, bid and award administration, cost control, estimating, CPM scheduling, document control, contract administration, claims mitigation, FF&E coord ination, ADA Com pliance, transition planning, project closeout with expertise in jurisdictional agency requirements, and warranty administration. All of our key proj ect team members have served public agencies in various capacities, and are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. In many instances, Principals have written policies and procedures currently being used today at LA County Department of Public Works, LAUSD, MTA, and the City of El Monte.

O
ur experienced Construction managers have worked on a wide range o f complex projects. By leveraging our vast knowledge in managin g multi-project, geographically and content- diverse programs, our clients have access to t ools and solutio ns developed that meet their specific program needs:
• Real-time safety, schedule, cost, quality, cash flow, and status • Web-based interactive systems t hat provide real-time communication, information access, availability, and reports
• Simple, low-cost implementation processes
• Specific modifications to meet customer requirements
• Effective business processes and methodologies
AIMC
S is a leading Construction management firm because we understand all of the elements involved in a successful pr oject. We manage the owner’s design, construction, outreach to stakeholders and the public, and budget —as well as developing processes, procedures, and systems— and we then apply our resources to those systems in order to deliver a cost -effective project on schedule and wi thin budget.
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AIMCS also has extensive experience in developing phasing and maintenanc e and protection (MPT) of traffic plan s to make sure that infras tructure imp rovements are implemented with minimal impact to ongoing business and community operations.

AIMCS offers the City local expertise and experience complemented by an unparalleled depth of local resources to support the CM team for the duration of any project.

INSPECTION SERVICES
AIMCS’s goal is to provide the necessary construction inspection services to make sure that projects are completed in compliance with the contract plans and specifications, on schedule, and with minimal change orders. AIMCS has pr ovided detailed inspection services for construction activities, performing field measurements, collecting data, and preparing record plans showing all changes from initial project plans. All services have been perform ed in accordance with the respective agency’s latest construction practices, policies, and procedures.

AIMCS staff is experienced working with public municipalities, school districts, and private establishments to provide a full range of review and inspection services related to bridges, roadways, pedestrian access, storm water drainage, sewer systems, utilities, parking, and lighting for both new and existing facilities construction. AIMCS also has extensive experience in developing phasing and maintenance and protection (MPT) of traffic plans to make sure that infrastructure improvements are implemented with minimal impact to ongoing business and community operations. AIMCS offers the City of Montebello local expertise and experience complemented by modern equipment to support the Inspection team for the duration of any project.

AIMCS conducts regular inspections to de termine whether field work is compliant with construction document requirements. AIMCS makes sure tha t inspections are carefully documented on a daily basis. For this purpose, our inspectors prepare daily inspection reports. These daily inspection reports, which will be f iled within one day following the inspection of any work performed, will accurately d ocument construction progress in accordance with the following:
• Detailed description and location of work performed
• Quantities of work performed, as well a s quantities of major materials installed or delivered
• Specific equipment used and usage hours for ea ch pay item (Note: all idle equipment on jobsite)
• Occurrence(s) and result(s) of any quality test(s) or other test(s) performed • Unusual conditions or problems
• Cause and duration of any delays
• Temperature, weather conditions, and time of work performed

AIM Consulting Services inspectors collaborate with Designers and client departments to provide design and con struction oversight on street improvement projects, streetscape projects, traffic signal and electrical installations, park and paly ground equipment projects, underground water, sewer, st orm drain projects and bui lding cons truction 3 | Page
projects for K-12 schools, community colleges, and various other municipa l owned and leased facilities. We additionally collaborate with jurisdictional agencies to develop accessibility, structural safety, fire and life safety, and histo rical building codes and standards utilize d in various public and private buildings throughout the State o f California.

Our Inspectors are trained, educated and experienced on Caltrans and Federally Funded Projects, Cal Osha safety program, California Title 24, California Code of Regulations (CCR), as well as CAL Green Code (Effective 01/01/11), and High Performance Incentive Program (HPI) which promotes the use of high performance attributes in new construction and modernization projects for taxing agencies and K-12 schools. Additionally, AIM Consulting Services inspectors remain current with; Energy Efficiency Regulations Sustainability Design Guidelines Grid Neutral Program which is a step -by-step guidebook to assist California taxing agencies, schools and community colleges cut energy cost through on-site energy generation; and the Commissio ning Process Gui de which is a guideline to assist stakeholders in understanding the commissioning process and their role in it.

AIMCS professionals are among the most skilled program and construction managers, resident engineering inspectors, project con trols specialist s, planners, and engineers.

Our in-house services offered by the firm provide clients with “one stop shop”—working from our local office or as an extension of staff from the offices of our cli ents. AIMCS’s early commitment to incorporate pr oject requirements and to respond proactively to the client’s goals and objectives leads to excellent client relationships. The synergy of our efforts has been enhanc ed by the values and culture initiated by those who have preceded us, and we believe AIMCS ’s future success hinges on our ability to maintain this legacy.

THE AIMCS TEAM
Led by AIMCS, our pr oposed T eam offers the City of Montebello the leadership and technical expertise required to deliver the services called fo r in this RF P. Construction management, inspection, administration, professional support services and project controls services will be provided by AIM Consulting Services, with professional resources and augmentation by our subconsultants. These well-known and respected entities have strong and long s tanding professional relationship s with AIMCS in Southern California, including curr ent w ork for the Los Angeles County Depa rtment of Public Works, MTA, LACCD, LAUSD, and CALTRANS.

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APPROACH & METHODOLOGY
To develop our approach and method ology to provide expert Construction Management and Inspection service for the City of Montebello, we must first familiarize ourselves with the projects themselves, identifying any unique challenges, and then set out to identify the quantity and caliber of resources neces sary to exceed your expectations.

Hence, our approach and methodology is comprised of the following sections:
 Project Understanding
 Understanding Scope of Services & Deliverables
 AIMCS Project Approach
 Methodology for Successfully Delivering our Services

SCOPE OF WORK
In order to develop a comprehensive approach and methodology for t he delivery of the project, AIMCS invests considerable time and ene rgy up front so that we may fully understand the project’s scope, schedule, and budget —all of which are cr itical when starting a new project. Our existing knowledge and understanding of this project is based on the project description and carefull review of sheets 1-15 of the project plans.

Our understanding and experience working with the Ci ty on similar pr ojects with the existing project team will enable us to develop responsive approach , met hodology, processes, procedures , and communications protocols for m anaging the successful delivery of this important project.

Project Consist of the following:
• REMOVE (GRIND) EXISTING AC PAVEMENT, BASE, AND SUBGRADE. DEPTH INDICATED ON PAVEMENT SECTIONS ON SHEET 10
• GRIND EXISTING AC PAVEMENT TO A DEPTH OF 2 INCHES
• CONSTRUCT 5-INCH B-PG-64-10 AC BASE
• CONSTRUCT 3-INCH B-PG-64-10 AC BASE
• CONSTRUCT 2-INCH C2-PG-64-10 AC OVERLAY
• REMOVE AND REPLACE 2-FOOT WIDE FULL-DEPTH AC LIP (C2-PG-64-10) AT CURBS AND GUTTERS.
• REMOVE AND REPLACE 14-FOOT (W) x 3-INCH (H) LACDPW STANDARD AC SPEED HUMP (C2-PG-64-10)
• REMOVE EXISTING CURB RAMP. CONSTRUCT NEW CURB RAMP PER SSPWC STD.

PLAN 111-5. CASE AND TYPE PER PLAN.
• INSTALL ADA TRUNCATED DOME PAD ON EXIST. CURB RAMP
• REMOVE AND REPLACE EXISTING CURB AND GU TTER PER SSPWC STD. PLAN 120-2.

TYPE AND SIZE PER PLAN.
• SAWCUT, REMOVE, AND REPLACE EXISTING CROSS -GUTTER PER SSPWC STD. PLAN 122-2. WIDTH PER PLAN.
• SAWCUT, REMOVE, AND REPLACE EXISTING SIDEWALK PER SSPWC STD. PLAN 112-2 AND 113-2
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• SAWCUT, REMOVE, AND R EPLACE DRIVEWAY APPROACH PE R SSPWC STD. PLAN 110-2. TYPE TO MATCH EXIST. SEE DETAIL ON SHEET 13.
• GRIND RAISED EDGE ON SIDEWALK
• GRIND AND REMOVE EXISTING TREE ROOTS TO DEPTH OF 18 INCHES REMOVE EXISTING TREE AND ROOTS PER CERTIFIED (LICENSED) ARBORIST'S DIRECTION. • ADJUST E XISTING VALVE TO FINISHED GRADE ADJUST EXISTING MANHOLE TO

FINISHED GRADE
• REMOVE & REPLACE EXIST. TYPE A TRAFFIC LOOP DETECTORS • REMOVE & REPLACE EXIST. TYPE C TRAFFIC LOOP DETECTORS RESET SURVEY

MONUMENT OR CENTERLINE TIE
• PROTECT IN PLACE
• INSTALL YELLOW CENTERLINE PER CALTRANS STANDARD PLAN A20A DETAIL 1 (FOR BEACH STREET) OR DETAIL 22 (FOR GREENWOO D AVENUE & MONTE BELLO

BOULEVARD), EXCEPT AS NOTED
• INSTALL 12-INCH WIDE WHITE LIMIT LINE PER CALTRANS STANDARD PLAN A24E • INSTALL 12" WIDE CR OSSWALK STRIPING PE R CALTRA NS STANDARD PLAN A24F.

YELLOW COLOR UNLESS OTHERWISE NOTED ON PLAN.
• INSTALL PAVEMENT MARKI NGS (WORDS) PER CALTRANS STANDARD PLANS A24D.

COLOR PER PLAN.
• INSTALL BLUE RETRO-REFLECTIVE RAISED PAVEMENT MARKER (FO R FIRE HYDRANTS) PER CAMUTCD FIGURE 3B-102
• INSTALL SPEED HUMP PAVEMENT MARKINGS PER MUTCD FIGURE 3B-29 OPTION A • INSTALL ARROW STRIPING PER CALTRANS STANDARD PLAN A24A • INSTALL RED-COLORED CURB PAINTING
• INSTALL HANDICAP PAVEMENT MARKINGS PER CALTRANS STANDARD PLAN A24C

Streets to be impa cted are Beach St reet., Vale Ave., Maple Ave., S outh Park Ave., South Taylor Ave., Davis Ave., Greenwood Ave., South 10th Street., South Spruce Street., Montebello Blvd., South 6th Street., South 5th Street.,

AIM Consulting Services has reviewed the City of Montebello proposed project along Beach Street. We understand that the project will be implemented to me et LAPM and Metro procedures and the City’s requirements. The services to be provided include the following:
• Task 1, Construction Management
• Task 2, Construction Inspection

AIMCS will comply with Scope of Services and details as described under each task .

These services will be applied on the ty pe of construction street improvements and all associated works. It is also required that the c ontractor, addresses the ro ad geometry per its original concept with improvements to the project plans:

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PRE-CONSTRUCTION MEETING
The Construction Manager is responsible for all efforts mentioned in Task 1 illustrated in the RFP. Upon issuance of both th e construction and managemen t contracts, AIMCS will identify all stakeholders related to this contract, starting from the City Officia ls, Architects, Engineers all utility companies, and to the contractor, A pre -construction meeting will be held as a kick off for the project for ever ybody to recognize each other and understand the role each person plays. At which time co ntacts will be established to meet communication needs. It is required that the contractor fully und erstand their scope of work, plans, s pecifications, and requirements. A submittal log will be required from the contractor to determine the type and metho d of how each co mponent of work will be accomplished. The city through the manager will spell out the city’s expectations and request tha t the contractor mee t the pr oject requirements. The frequency of progress payment will be discussed. The contractor is required to submit a construction schedule in a format acceptable to the city with interim mile stones identified if necessary. This schedule explains contractor approach when approved will form the basis for monitoring future progress. It is the responsi bility of the Construction Manager to notify all affected utility companies (City of Montebello, AT&T Substructures, California Water S ervice, Charter Communi cation, The Gas Company, Southern California Edison, Meropolitan Wat er District of Southern Cal ifornia, South M ontebello Irrigation District, Montebello Police Department, Montebello Fire Department, prior to construction. The Project Manager will review and explain work scope to each of these entities to ensure they understand the work scope, express their needs and find solutions for conflicts if arising.

PROJECT DAILY OBSERVATION AND INSPECTION
AIMCS will assigned a fulltime inspe ctor during construction. His/her duties include all activities mentioned in Task 2 of the RFP. It is our expectatio ns that all requ irements in Task 2 are met. The Inspector’s primary role include supervising and monit oring contractor’s daily activities per the City, LAPM, Metro , and grant requirements. He/She will maintain a daily records of job progress including na mes of subcontra ctors, their employee on site and type of activities performed. Job photos will be tak en daily with descriptions noted on each photo. The hours of work, weather, and site conditions will be recorded as well. He/She will identify any diff iculties, issues or problems encountered by the contractor. He/She will also coordinate with the City Off icials, Utility Companies, and C ommunity Relation Officers when requ ired. It i s also the responsibility of the Inspector to ensure that the contracto r’s work complie s with the plans and specifications. The Inspector will also ensure the Contractor is watching out for the safety of the pedestrians, workers and m otorist within the co nstruction site. A joint measurement will be held with the contractor to measure and a gree on quantities of work accomplished for each month. These values will be used towa rds assessing contractor’s monthly progress payment request. The Inspector cannot authorize any change order work but may be authorized to verify time a nd material tick ets by the City for additional work as required.

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CONSTRUCTION MANAGEMENT DURING PROJECT EXECUTION.

In view of the short term construction period of 95 working days, it is recommended to hold weekly construction meeting. Issues will surface as project progresses. One on the main purpose is to utilize the weekly meeting to discuss and seek joint resolution within the requir ements of the project. The project manager wil l request t he contractor to provide the status of the project through schedule update The status of submittals and Request For Information will also be discussed and resolved a ccordingly. The primary function of the Construction Mana ger is for the succe ssful management of the project which include monitoring schedule, budget, and all miscellaneous functions mentioned under Task 1. The Construction Manager will be responsibl e t o review contractors change order request and their proposals if arising and m ake recommendations to the City as required. It is necessary and upon authorization by the City that the Construction Manager will be engaged in change order negotiation with the Contractor. Both the Constru ction Manager and the Inspe ctor will work hand i n hand and coordinate to implement Task 3, 4, and 5 in addition to the ir core responsibilities.

Material testing under Task 4 will be carried out when required to meet the r equired Quality Assurance Program (QAP). AIMCS will engage w ith a material testi ng lab as required.

LABOR COMPLIANCE
AIMCS will engage an employee to a ct as an extensi on of City staff to manage the project to meet requirements per the City, LAPM, Metro and grant requirements as mentioned under Task 3 of the RFP. Th e consultant emplo yee will perfo rm the bid analysis and submit to Metro the Award Package , monthly invoice s and other documentation as required per City, LAPM, Metro and grant requirements. In ad dition, the consultant employee will coordinate with the C ity ‘s Labor Complia nce Consultant in accordance with the LAPM.

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MATERIAL TESTING (KLEINFELDER)
As requested by AIM Consulting Services, the Kleinfelder team will provide the following construction materials testing services in conformance with Caltrans requirements and the City’s QAP manual:
• Structural cast-in-place concrete sampling, and testing. • Soils, aggregate base, and asphalt concrete observation, sampling, and testing. • Laboratory concrete, soils, aggregate base, and asphalt concrete testing. • Preparation of a final report documenting materials testing.

The estimated durations, quantities and s ervices should be considered a pproximate and sub ject to change based on the contractor’s actual methodology and work schedule. Kleinfelder will p rovide a Project Manager to coordinate and provide oversight of our field personnel for our se rvices. Kleinfelder will s taff the project with technicians appropriately certified and approved by the jurisdictional authority to perform materials testing services on each element of work being observed, tested, or inspected.

Concrete Sampling and Testing
Kleinfelder will provide a Caltrans certified material tester to perform services which are anticipated to include slump and temperature tests, and casting concrete specimens for compressive strength testing in accordance with the project specifications and local jurisdiction requirements. Concrete specimens will be picked up and delivered to our laboratory after the initial on-site curing period. Concrete batch tickets for all concrete placed will be monitored during placement for mix compliance verification. We have assumed the proper submittals of material co mpliance (for reinforcing steel, cement, aggregate, and admixtures) will be submitted to the Engineer of Record to eliminate qualification testing by us. We have not included concrete batch plant inspection as part of this proposal. Kleinfelder can provide these services for an additional fee if desired following our receipt of appropriate authorization.

Soils and Aggregate Base Observation and Testing
Kleinfelder will staff the project with a soils technician to observe and test the soil during backfill, co mpaction, excavation of footings, and preparation of roadway subgrade. Our services will include in-situ density testing by nuclear and/or sand cone method. Compaction testing will be performed to document that in-place soil density and moisture content of engineered fills are within the allowable range based on industry standards. Our personnel will sample materials for transportation to our laboratory to provide Caltrans test method 216 and 231 testing as needed and described in our fee. If additional testing is required, Kleinfelder can perform these services for an additional fee after receiving appropriate authorization.

Asphalt Concrete Observation and Testing
Our services will include continuous field density testing during placement of asphalt concrete pa vement and periodic ba tch plant inspection on an as requested basis.

Batch tickets will be pe riodically verified for conformance to the project plans and samples will be obtained at the project site and delivered to our laboratory for testing. 9 | Page
Mix temperatures and total quantities will be recorded in the field and documented daily.

PROJECT CLOSEOUT
AIMCS will c ompile all as -built plans and specifications including photos, submittals, RFI’s, payments, change orders, and daily reports for project records. AIMCS will also ensure that the contractor prov ides Operation and Maintenance Manu al fo r equipment supplied and installed under this contract. Any commissioning and training will be provided per the contract as required. The project closeout documentation will be administered to meet the City, LAPM, Metro, and grant requirements.

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SCOPE OF SERVICES
As demonstr ated in our qualifications presented in this submission, AIMCS is accustomed to delivering comprehensive CM services and Inspection services to public agency and municipal clients throughout Souther n California and across the county. Hence, the City’s req uested Scope of Services is consistent with services we typically provide.

In the pages that follow, we de monstrate our construction aptitude, conveying our competence to successfully deliver your Capital Improvement Projects on time and within budget.

1. Constructability Review of Plans and Specifications
AIMCS will conduct a Preconstruction C onference followin g the Notice to Proceed. At the AIMCS and their CM P rofessionals will coordinate close ly with the design team to review their work carefully for the benefit of the City and to ensure clarity for future bidding of the work.

2. Preconstruction Conference
AIMCS will conduct a Preconstruction Conference followin g the Notice to Proceed. At the Preconstruction Conference, we will convey to the contractor the expectations of the City. The agenda for the Preconstruction Conference will include, but not be limited to the following:

Construction working hours (work shi fts); noise abatement requirements , Tr affic Realignment Plan (each i ntersection), Construction v ehicle haul routes, delivery hours, and restrictions, Master construction schedule, Three -week look -ahead schedule, Illness & Injury Protection Plan (IIPP) or S ite Specific Safety Plan, Storm Water Pollution & Prevention Plan (S WPPP), Subcontractor mobilization notification procedures, Pay application procedures, Change order request procedures , RFI and submittal requirements, Materials testing and specialty inspection procedures, “As-Built” Plan s an d specifications procedures, P unch list and close-out procedures, Substantial completion and Notice of Completion procedures, Warranty and commissioning procedures.

3. Management Information Systems
AIMCS will maintain accurate and orderly detailed files, w ritten records, and documents concerning the project during all stages of construction:

4. Coordinate Submittals
All aspects of the contractor’s proj ect submittal process will be carefully reviewed to make sure that full compliance with requirements of the project specifications.

5. Review Traffic Controls - Plans
All aspects of the contractor’s traffic plan will carefully be reviewed to make sure that full compliance w ith all applicable State codes, municipal ordinances , and requirements of the project specifications are met.

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6. Weekly Construction Meetings
AIMCS w ill conduct job meetings with contractors, consultants, and representatives from the City to discuss procedu res, performance, progress, problems, and scheduling . Minutes of such meetings will be distributed to all attendees in a format authorized by the City.

7. Issues Management
AIMCS will coordinate replies to all contractor RFIs. We will revie w the plans and specifications, and will be prepared to assist the des ign team with regards to clarifications or discrepancies, and we will expedite all replies from the designers to contractors to mitigate any potential project delays.

8. Schedule
AIMCS recognizes that sched ule control is an essential element for the successf ul execution of any project. As su ch, we will review current constru ction schedules with contrac tors, develop mitigation schedules, and verify compliance with progress scheduling requirements.

9. Cost Control
The AIMCS Team will prepare cost estimates and n egotiate amounts for the work to b e pe rformed on a change order basi s and submit the information with a recommendation to the City for approval.

10. Change Orders
AIMCS utilizes an effectiv e, objective, and equitable approach to managing change orders.

11. Dispute Resolution
AIMCS will track potential and actual claims as soon as they arise , assess their cost and time impact, review possible mitigation measures, perform cost -benefit analyses as appropriate, and propose solutions.

AIMCS will quickly and equitabl y adjudicate claims in order to re duce settlement costs and impacts on work progress.

12. Quality Control/Inspection/Material Testing
In any construction project, the contract documents det ail the required s cope of work and quality to be achieved by the CM. AIMCS will be responsible for maki ng sure the contractors are using t heir best ef forts to achieve the required end product.

Quality
AIMCS will achieve contractor quality performance through the implementation of a QA/QC Program consistent with the City’s Quality Program, and through routine quality audits performed by our corporate office.

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Field Inspection & Testing
The primary purpose of regular inspections is to determine whether fie ld work is compliant with construction document requirements. These in spections need to be carefully doc umented on a daily basis. For this purpose, our team’s Lead Inspector, Jonathan Ko, will prepare daily inspection reports.

13. Public Relations
AIMCS will utilize local periodicals as well as other forms of advertising to effectively and quickly inform the business community and public at large of any interruptions or extended impacts to ongoing traffic operations.

14. Permits/Environmental Compliance
Throughout the course of the Project, AIMCS will review and enforce require ments stipulated in permits issued by the involved regulatory agencies

15. Progress Payments
Monitoring the project budget will involve reviewing the contractor’s monthly progress payment app lications, current quantities and estimated quantities to be completed by line item, approved and proj ected change orders to complete the Project, and the impact of potential claims

16. Monthly Status Reports
AIMCS will maintain a job diary, describing all of the activities that occur daily. This will include the number of wo rkers, identified by trade, employ ed at the site by each contractor; t he number o f h ours worked; ma terial shortages; labor difficulties; weather conditions; visits by officials; decisions rea ched; and any other observations pertinent to the work.

17. Site Safety
Safety is always at the forefront of our construction inspection effort. Our inspectors must commit to a safety program with a thorough understanding of the AIMCS Safety Plan, as well as the construction contractor’s project Safety Plan. AIMCS will work with the contractors to implemen t their programs, and will conduct p eriodic safety inspections in accordance with a safety procedures checklist.

18. “As-Built” Drawings
During the course o f the Project, AIMCS will work with the contractor to maintain accurate sets of “As -Built” drawings an d sp ecifications. These drawings wil l be turned over to the City at the conclusion of the Project.

19. Final Walkthrough
AIMCS will manage all punch list it ems, and see that they are addressed and signed off by the City. In addition, AIMCS will verify that a ll required certificates of compliance are in p lace and that O &M manuals, including “As -Built” drawings, are delivered for record keeping. We will prepare a Final Payment C hecklist that will be completed prior to preparing the Final Progress and Payment Report. 13 | Page

20. Project Completion Report and Project Closeout
The AIM CS Team will be meticulous when it comes to the execution of the activities leading up to the recommendation f or acceptance of your project as “100% complete.” The punch lists for each site and the management of the activities, tasks, and de liverables associated with each will be part of the Project close-out activities.

AIMCS understands that t he City requires the services of firms to provide construction management and inspection services for a v ariety of infrastructure and capi tal improvement projects. Our work experience on Street Improvements/Resurfacing Projects, Streetscape Projects, Traf fic Signal, Elect rical installations, and Fiber Optic Projects, Park Improvements and Playground Equip ment Installation, Underground Construction (Water, Sewer and Storm Drain) and Building Construction/Remodel is well documented and covered under the spec ific resumes and projects included in our qualifications. AIM Consulting Services has successfully de livered several state and federally funded proj ects using the Green Book and CalTrans Local Assistance Procedures Manu al ( LAPM) and Federal Requirements . We understand th at the projects have been a long collaborative effort with the community and the City and that the City is in need of a C onstruction Management / Inspection team that can provide leadership in representi ng the City's interest to address an d resolve project issues in a timely manner, in order to mitiga te potential cost concerns and schedule delays. We also recognize the pote ntial chall enges for main taining safety during construction. That is the AIMCS mo tto, as further elaborated in our ap proach and methodology is "Safety First.”

The AIMCS Team is ex cited by the prospect of having the opp ortunity to provide the City with co mprehensive CM/Inspection services during construction and closeout for Improvements on Beach Street. Per the requirem ents of the City, we have selected a qualified team of profession als to provide all technical and managerial services necessary to make your project a success.

QUALITY CONTROL / INSPECTION/MATERIAL TESTING
In any construction project, the contract documen ts detail the required scope of work and quality to b e achieved by the CM. AIMCS will be responsible for making sure the contractors are u sing their best efforts to achieve the required end product. To accomplish this objec tive, AIMCS has many tools availab le to verify tha t contractors incorporate the highest quality materials and workmanship into the project as detailed by the contract documents.

The Project Team wi ll develop a comprehensive Quality Management and Inspecti on Program to encompass all const ruction activities for the Project. This program will be integrated with the QMP for the Project.

The Quality Management an d Inspection P rogram will be administered by the Project Manager and will cover all aspects of the Project from initial review of sp ecifications and drawings (for constructability); thr ough procurement of materials (including shop 14 | Page
inspections for major components and critical items, if required); to an on-site program of tests, inspections, and documentation.

The Quality Management an d Inspection Program will be based upon portions of t he approved QMP. The program will implement quality control methods to make sure that construction activities ar e performed in accordance with approved drawings, specifications, applicable codes and stan dards, and contra ctual requirements.

Responsibilities and authori ty for administration of the Quality Management and Inspection Program and completion of work, along with the standards of quality to be applied, will be clea rly defined. The major elements of the program wil l include the following:
• Procedures to control a ctivities affecting quality, including interfaces among project participants.
• Inspection planning to identify applicable attributes, material tests, reporting , and acceptance criteria.
• Technical in spection, s upervision, and coordination of the work until f inal completion and acceptance of the work by the City, ver ifying that th e materials furnished and w ork performed are in accordance with the approved plans, drawings, specifications, and construction documents.
• Prevention of installation of work, or furnishing of materials or equipment, which has not been properly approved or otherwise fails to conform t o the approved plans, drawings, specifications, and/or construction documents. • Verification that all inspection, quality control tests, or any other tests r equired by law, rule, or regulation —or by the construction documents—are performed satisfactorily an d on time, including off -site and controlled inspection a nd soils testing, welding, cement, concrete, masonry, structural or reinforcing steel, or any other material or equipment.

QUALITY
AIMCS will achieve contractor quality pe rformance through the imple mentation of a QA/QC Program consistent with the City’s Quality Program, and through routine quality audits performed by our corporate office. Q uality Control in the field will be managed through rigorous field ins pections by our inspectors, expedited repo rting of defective items, and implementation of a trackin g system to ensure timely resoluti on of items.

Quality Assurance will be managed throu gh routine pr ocess audits to verify implementation and execution of best practice inspection methods and processes.

FIELD INSPECTION & TESTING
The primary purpose of reg ular inspections is to determine wh ether field work is compliant with construction doc ument requirements. These inspections need to be carefully documented o n a daily basis . For this purpose, our tea m’s Construction Inspector, Jonathan Ko , will prepare d aily inspection reports. These daily inspection reports, which will be filed within on e day followi ng the inspection of any work performed, will accurately d ocument construct ion progress in accordanc e with the following:
15 | Page
• Detailed description and location of work performed
• Quantities of work performed, as well as quantities of major materials installed or delivered
• Specific equipment used and usage hours for ea ch pay item (Not e: all idle equipment on job site)
• Occurrence(s) and result(s) of any quality test(s) or other test(s) performed • Unusual conditions or problems
• Cause and duration of any delays
• Temperature, weather conditions, and time of work performed

CONCLUSION
AIMCS is prepared to demonstrate to the City of Montebello that when we mobilize to provide services for a new client , we do so with a th orough understanding that your projects are the most important projects . As such, we have assembled a team o f professionals t hat can deliver projects o n time and on budget. As a company, AIM Consulting Serv ices has delivered projects that are both state and fe derally funded which utilize the LAPM for impl ementing Federal and State funded local agency transportation projects. A IM Consulting Services has a proven record of success dealing with various jurisdi ctional agencies (CALTRANS, DSA, OSHPD ) coordinating construction projects with severa l utility comp anies including Edison and Southern California Gas.

Our Principal staff b ring nearly 100 years of p roven experience performing similar professional services; hence, we have our reputation to uphold. We will mobilize quickly and seize the rei ns of your project on behalf of the Public Works Department. AIMCS is pleased to have th is opportunity to be of se rvice to the City of Montebello. Thank you for your consideration of our proposal; we look f orward to delivering your Project to the standards, quality, and professionalism you expect and we share and value. 11421 L am ber t Ave n ue | E l M on te , C A 91732
T: (626 ) 800- 4006 | F: (626 ) 80 0-41 40
E ma i l: I nf o@ p acif ic re so ur ce s ser v ic es. com

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December 7, 2021

Gabriel Perez
Principal-in-Charge
AIM Consulting Services
120121 Valley Blvd., Suite 206
El Monte, CA 91732

Dear Mr. Perez:

Subject: Proposal to provide prevailing wage monitoring services to AIM Consulting Services for the City of Montebello’s Beach Street Pavement Rehabilitation Project, Phase 1

Pacific Resources Services, a California public benefit corporation, is pleased to submit for your review and consideration, our proposal to provide California and/or Davis-Bacon prevailing wage monitoring services to the Beach Street Pavement Rehabilitation project, Phase 1, for the City of Montebello.

Pacific Resources Services is a multi-disciplined, management-consulting firm specializing in the design, development, and implementation of the following services:

 State and Federal (Davis-Bacon) Prevailing Wage Monitoring services  Disadvantaged Business Enterprise (DBE) program models for Federally funded construction projects
 Negotiation and implementation of Project Labor Agreements, including local hire initiatives.
 Small and local business outreach programs
 Community outreach and communication for construction projects

Benjamin Ocasio, President, has the breadth of knowledge and depth of expertise honed over 30 years of experience providing labor compliance services to public agencies and the contracting community. The firm offers its client's flexibility, reliability, responsiveness, and proven experience in designing and implementing innovative labor compliance programs to meet client needs.

11421 L am ber t Ave n ue | E l M on te , C A 91732
T: (626 ) 800- 4006 | F: (626 ) 80 0-41 40
E ma i l: I nf o@ p acif ic re so ur ce s ser v ic es. com

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The following information about Pacific Resources Services further describes the firm:

Proposer: Pacific Resources Services
Legal form of company: S Corporation
11421 Lambert Avenue
El Monte, CA 91732
Email: [email protected]
Federal Tax ID No.: 45-1918103
Point of Contact: Benjamin Ocasio, President
Phone: (626) 434-5087 Direct or (626) 800-4006 extension 101 Fax: (626) 800-4140

Pacific Resource Services is a California Department of General Services certified Small Business Enterprises and has never been debarred from providing services to any State or Federal Agency.

We are an independent firm and not subsidiary of a Union compliance program or construction management firm.

Benjamin Ocasio, President, is authorized to negotiate and bind the firm to the terms and conditions of this proposal and any resultant Contract. Pacific Resources Services looks forward to working with the AIM Consulting Services. Should you have any questions regarding this proposal and/or need additional information about our firm, please do not hesitate to contact me at (626) 434-5087 or via email at [email protected].

Sincerely,

PACIFIC RESOURCES SERVICES

Benjamin Ocasio
President

11421 L am ber t Ave n ue | E l M on te , C A 91732
T: (626 ) 800- 4006 | F: (626 ) 80 0-41 40
E ma i l: I nf o@ p acif ic re so ur ce s ser v ic es. com

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FIRM PROFILE
Pacific Resources Services, a California public benefit corporation, provides California and Federal Davis-Bacon prevailing wage monitoring and enforcement services to Cities, Counties, Water Districts, School Districts, Housing Authorities, Special Districts, contractors, and individuals.

In addition to providing labor compliance services, Pacific Resources Services negotiates and manages Project Labor Agreements, implements, and administers local hire programs including hiring Veterans, develops and implements Disadvantaged and Small Business Outreach programs, and performs community relations activities for construction programs.

Pacific Resources Services has conducted seminars, workshops, and trained public agencies and contractors on their prevailing wage obligations. It has provided training to a diverse group ranging from Building and Construction Trades Councils from San Diego to Modesto, the County Counsels Association of California, and various awarding authorities and contractors.

Benjamin Ocasio is the President of Pacific Resources Services. He has more than 25 years of experience proving labor compliance services, having served as the labor compliance manager for public agencies and 3rd-party labor compliance programs. He has been actively involved in the industry including serving as the 3rd-party labor compliance representative to the California Underground Economy Taskforce.

11421 L am ber t Ave n ue | E l M on te , C A 91732
T: (626 ) 800- 4006 | F: (626 ) 80 0-41 40
E ma i l: I nf o@ p acif ic re so ur ce s ser v ic es. com

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SCOPE OF WORK
Pacific Resources Services Corporation will provide labor compliance services to ensure that prevailing wages are paid during the construction of the project and in compliance with Section 1770, et seq. and/or Davis-Bacon and related acts requirements.

The services to be provided include the following Labor Compliance services:

1. Provide required language and prevailing wage documentation to the client for prevailing wage compliance.

2. Provide applicable prevailing wage rate(s) to the client and contractors, upon request, and post at project location as required under the Davis-Bacon requirements.

3. Assist the client, in requesting determination throughout the conformance process.

4. Verify all subcontractors are eligible to work on the project by checking contracting status with both California and Federal Lists, including the California Department of Industrial Relations and the Federal Excluded Parties List.

5. When required, conduct all pre-bid orientation conferences to ensure that all bidders are fully educated and informed of relevant labor code and/Davis-Bacon requirements.

6. Attend pre-construction, including providing a checklist of law and regulations which need to be followed to comply with State and/or Federal regulations, as well as all forms required for labor compliance. Pacific Resources Services attendance can be in person or vial conference call or webinar.

7. Provide a phone line and email contact where contractors and subcontractors can contact PRS for clarification, certified payroll, apprenticeship, and compliance issues.

8. Perform a license check with the California Contractor’s License Board (CSLB) for current and active license status, as well as worker’s compensation coverage of all contractors and all listed sub-contractors.

9. Review & compare work classification with the California prevailing wage classification and/or Davis-Bacon requirements.

10. Monitoring of all weekly certified payroll, including, but not limited to: correct classification of workers proper wages paid, proper calculations and payment of fringe 11421 L am ber t Ave n ue | E l M on te , C A 91732
T: (626 ) 800- 4006 | F: (626 ) 80 0-41 40
E ma i l: I nf o@ p acif ic re so ur ce s ser v ic es. com

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benefits and training contributions, review overtime, shift pay, weekend and holiday work/pay, only permissible deductions will be allowed, cross reference of onsite interviews with certified payroll to verify all workers are listed and review the “certification” or “statement of compliance” is complete and signed by an individual of knowledge and authority.

11. Conduct site visits while the project is under construction and interview workers.

Interview at least one worker per craft on site. Site visits will be coordinated with the Construction Management firm to ensure that the contractor is on site.

12. Monitoring of all apprenticeship requirements. Collection and review of DAS-140 and DAS-142 forms. Review of applicable ratios, correct wages paid, training contributions (CAC Forms). Verification that all apprentices also have an active Division of Apprentice Standards and/or BAT (US Dept. of Labor Bureau of Apprenticeship Training) registration.

13. Verification that apprentices are properly supervised and employed in approved ratios as required by both California and Federal apprenticeship regulations applicable to Davis- Bacon Projects.

14. Respond to inconsistencies or deliberate deceptions on the part of the contractors and/or subcontractors through additional detailed audit through review of cancelled checks, timecards and related records and seek appropriate resolution with the California and/or Davis-Bacon regulations.

15. Communication with contractors, Pacific Resources Services will work with all subcontractors with the goal of amicable agreement on resolving issues related to violations, penalties, and compliance. All meeting and calls with contractors will be documented and maintained by Pacific Resources Services.

16. Once work on the project is completed, Pacific Resources Services to send out a final letter to the contactor and any subcontractor who might still have outstanding items. Pacific Resources Services provides a 10-day window of time during which the contractor/subcontractor can submit additional documentation or make corrections.

Once the time expires, Pacific Resources Services closes out the project relating to issues or outstanding wages, apprenticeship issues and any restitution or penalties due.

17. Maintain all records for a period of three (3) years.

11421 L am ber t Ave n ue | E l M on te , C A 91732
T: (626 ) 800- 4006 | F: (626 ) 80 0-41 40
E ma i l: I nf o@ p acif ic re so ur ce s ser v ic es. com

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18. Attend any compliance or auditing meetings with the state and/or Federal agencies relating to the labor compliance on this project.

19. Provide training and other assistance relating to labor compliance as requested by the client and contractor(s).

20. Establish a working relationship with the governing agencies on behalf of the client. 11421 L am ber t Ave n ue | E l M on te , C A 91732
T: (626 ) 800- 4006 | F: (626 ) 80 0-41 40
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FEES AND RATES
Pacific Resources Services prefers that a negotiated not-to-exceed project budget before commencing work, based on the following rates:

All hourly costs are fully burdened. There are no additional costs (such as mileage, communication, etc.) to our client.

The expected fee for labor compliance monitoring services for the project, based on an estimated construction of 45-working days is $2,920.00 (Two-thousand nine hundred twenty dollars).

PACIFIC RESOURCES SERVICES – LABOR RATES 2018
Principal $146.80
Senior Analyst $124.21
Analyst $101.63
Staff Support $75.09

11421 L am ber t Ave n ue | E l M on te , C A 91732
T: (626 ) 800- 4006 | F: (626 ) 80 0-41 40
E ma i l: I nf o@ p acif ic re so ur ce s ser v ic es. com

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STAFF RESUMES

BENJAMIN OCASIO
Project Manager

Mr. Ocasio has more than 25 years of years of experience providing prevailing wage monitoring and enforcement services, Project Labor Agreement/Project Stabilization Agreement, workforce and business outreach services, and Disadvantaged Business Enterprises compliance services on numerous large public works projects throughout Southern California. He began his prevailing wage career as a Management Assistant with the City of Los Angeles Office of Contract Compliance. He also received training as a Caltrans Inspector.

Education
University of Southern California
M.P.A. Public Affairs (1983); B.S. Urban & Regional Planning (1981) Valley Leadership Institute (2000)

During this engagement, Mr. Ocasio will provide the following services:
 Contract Manager on behalf of Pacific Resources Services  Lead the efforts on the Team to implement and manage the prevailing wage monitoring and enforcement services.
 Serve as the Labor Compliance Officer on behalf the client!  Provide technical to contractor and Project Management Staff, including training of City staff as directed.
 Manage reporting to City.

11421 L am ber t Ave n ue | E l M on te , C A 91732
T: (626 ) 800- 4006 | F: (626 ) 80 0-41 40
E ma i l: I nf o@ p acif ic re so ur ce s ser v ic es. com

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MORITA CAPILI
Staff Support/Labor Compliance Assistant
Ms. Capili serves as Office as Office Administrator and Coordinator ensuring that documents are properly recorded and filed, following up with delinquent contractors, performing data entry, and performing initial audits of missing documents and for underpayments. She has worked on projects such as the Water Replenishment District of Southern California, Centinela Valley Union High School District, Metropolitan Transportation Authority (METRO), Foothill Construction Authority, and the SR-91 Corridor Improvement Project (DBE Coordination).

Education
B.S. Business Administration, University of La Verne, 1998 During this engagement, Ms. Capili will provide the following services:
 Prepare project files and contractor tracking logs.
 Intake, log, track, and file project and contractor documents  Track local hire requirements.
 Perform initial review for missing documents/inadequate information on project documents and request revisions and updates to documents.
 Prepare files for close out and perform quality assurance for completion.

MONICA MENDEZ
Analyst/Field Auditor

Education
A.A, Sociology, Pasadena City College

Ms. Mendez came to PRS in March 2020, to perform site visits and worker outreach. She is assigned to projects in southern Los Angeles County and outside Los Angeles County. In addition to conducting site visits on projects such as the Santa Monica-Malibu USD, University Drive in Irvine (now completed), City of Perris among others, including meeting with Business Agents and Project Managers. Her prior experience includes supervising a non-profit and working with low-income communities, children and youth advocacy programs, program management, supervision and managing grants.

620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185

December 10, 2021
Kleinfelder Proposal No. LOCALMKT.WEOH

AIM Consulting Services
12121 Valley Boulevard, Suite 206
El Monte, CA 91732

Attention: Mr. Gabriel Perez

SUBJECT: Proposal to Provide Construction Materials Testing Services Beach Street Pavement Rehabilitation Project - Phase 1
From Vail Avenue to 5th Street
Montebello, California

Dear Mr. Perez:

Kleinfelder Inc., (Kleinfelder) is please d to present this proposal to provide construction materials testing services for the subject project. This proposal may be subject to modification s should additional staff or specialized equipment be required to meet adjustments to construction schedule or convenience. Included in this proposal is a d iscussion of our u nderstanding of the project, the scope of services we anticipate providing for the project, an estimate of our efforts and fees, and our project limitations.

Kleinfelder is committed to pro viding quality service to our clients, commensu rate with their wants, needs, and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder stands ready t o consider appropriate modifications, subject to the standards of care to which we ad here to as professionals. Modifications such as changes in scop e, m ethodology, scheduling, contract terms and conditions may result in changes to the risks assumed by the client, as well as potential adjustments to our fees.

Kleinfelder operates an ASTM D3666 qualified laboratory. All work performed on the project will be under the supervision of our approved laboratory. The field technicians assigned by Kleinfelder will b e properly qualified and will be under the s upervision of a registered professional engineer.

PROJECT UNDERSTANDING

This project involves removal of existing concrete and asphalt pavement, and reconstruction of asphalt pavement sections, curb and gutter, sidewalks, driveway approaches, access ramps, traffic striping, markers, pavement mar kings, and curb painting. It is anticipated that the overall construction duration will be 45 working days.

KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185

SCOPE OF SERVICES

Soil & Aggregate Base Testing Services

Kleinfelder will staff the project with a field technician to observe and test the soil and aggregate base for compaction. Our services will include on-site in-situ density testing by nuclear method.

Import, export, and backfill material a nd compac tion efforts will be observed for appropriate compaction, moisture content, over sized material , and debris. Compactio n tes ting will be performed in general accordance with the project specifications. Our personnel will sample and deliver soil and aggregate base materials to our laboratory for testing.

Asphalt Testing Services

Kleinfelder will staff the projec t with a field technician to provide observation and testing during placement of the asphalt pavement. Our field personnel will collect load tickets to document the quantity of the delivered materials and observe and document that the asphalt pavement material is placed in lifts of suitable thic kness and adequately co mpacted. Our technician will also measure the loose thickness of the asphalt prior to compaction.

Density testing of the compacted asphalt pav ement will be performed using a nuclear density gauge. The results of the density testing and field relative compac tion will be reported to the owner’s on -site representative and the contractor as the tests are per formed so that adjustments can be made, if possible, during the course of the work . Our personnel will sample and deliver asphalt materials to our laboratory for testing.

Concrete Testing Services

Kleinfelder wil l provid e an ACI Field Grade 1 certified inspector to perform observation and testing during cast-in-place concrete placements. We will perform slump, temperature tests, and casting of concrete spe cimens for compressive strength testing . Concrete specimens will be picked up and delivered to our laboratory after the initial on-site curing period. Concrete batch tickets for all concrete place d will be monitored duri ng place ment for mix compliance verification.

Project Management & Administration

Kleinfelder’s project manager will serve as a coordinator for our services. Our project manager will review the field and laboratory reports during the assessment and construction phases.

Items found in non-compliance with the project requirements will be brought to the im mediate attention of the construction manager for delivery to the general contractor’s construction superintendent, designated design professiona ls, and no ted in a deviations log. Our proj ect manager will conduct periodic field visits and provide consultation as needed during the project.

The project will closely be managed to identify potential budget and schedule impacts during the course of the construction activities.

It should be noted that our services will not include: (1) superv ision, direction, or acceptance of the con tractor's work; (2) i nterpretation or modification of the project plans or specifications; (3) submittal of test results or reports to any regulatory agency (unless specifically requested by the client in writing); or (4) job site safety.

KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185

ESTIMATED FEES

We have estimated an approximate budget of $13,921.00 for the project, as reflected in the attached time and materials Table 1 - Fee Estimate. It should be noted that the fee rates shown in the Table 1 - Fee Estimate are inclusive of standard equipment charges. We do not anticipate using equipment that is non -standard (coring equipment, rebar locators, or other non -standard equipment) for this project.

It should be noted that the fees above do not anticipate overtime work on the project. The rates associated with overtime and double time work are listed in the Table 1 – Fee Estimate.

Overtime work can significantly impac t our testing and inspecti on budget for the projec t. While we will be diligent in our attempts t o keep overtime to a minimu m, please be aware that contractor scheduling and performance are the primary causes for overtime work . Proficient contractor perform ance and scheduling minimi zes addition al testing a nd inspection ti me, consequently resulting in lower total fees. In the ev ent conditions arise which are bey ond our control, were unknown at the time this proposal was prepared, unanticipated based on the available information, or differ significantly from the assumptions shown below, we may need to revise our scope of work and estimated fees to complete the project. Should this occur, we will contact you for authorization before exceeding the project budget.

Our estimate is provided on a time-and-materials basis. It should be noted that our total fees on the project ca n fluctuate for a variety of unpre dicted reasons beyond our control including weather conditions, the quality and performance of the construction mat erials used, and th e contractor’s team, as well as the contractor’s approach and scheduling of construction sequences. Jurisdictional require ments not identified at the outset of the project, or other unpredictable events that develop over the course of the project, can cont ribute to additional unplanned inspection or unanticipated engineering consultation not factored into our estimate.

ASSUMPTIONS

During o ur proposal preparation certain assumptions were required based on the available information provided. The following assumptions were made based on the provided information:

• Our services are limited to construction materials testing. • No construction schedule was provided at the time of proposal. • We are not assuming responsibility as Geotechnical Engineer of Record. • We are not providing any geotechnical analysis or evaluations for the project. • We are not providing batc h plant inspec tion fo r asphalt concrete or Portl and cement concrete.
• We will not be sampling asphalt and/or concrete aggregates or cementitious materials. • Work is subject to payment of California Prevailing Wages. • Work is not subject to Union requirem ents, a Project L abor Agreement, and/or a Community Workforce Agreement.
• We do not anticipate using equipment that i s non-standard (coring equipment, rebar locators, or other non-standard equipment) for this project. • Access to the site will be provided by the client.
• Work will be performed during normal business hours, typically between 6 AM and 5 PM.

KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185 • Overtime se rvices wil l not be required (more than eight hours per day, Saturday, Sunday, holidays, etc.).
• It is assumed that traffic control will be provided by others if required for field work.

AUTHORIZATION

A signed original copy of the attached Client Master Services Agreement with our proposal will serve as our formal authorization to proceed. If there is a need for any change in the scope of work or schedule described in the pro posal or in the Agreement, please call us immediately .

Changes may require revision of the proposed fee, which will be communicated to you upon assessment of the requested changes' effect on the fee.

All terms and conditions indicated in this proposal and the referenced Agreement will be considered by both parties to be in effect from the effective date of the signed contract through completion of the project.

All information gathered during th e study by Kleinfelder is considered confidential and will be released only upon written authorization by the client or as required by law . California law requires informing the State if a situat ion is encountered that can be considered an immediate endangerment to the public's health or welfare and/or to the environment.

LIMITATIONS

Our work wil l be pe rformed in a manner consistent with that level of car e and skill ordin arily exercised by oth er members of Kleinfelder’s pr ofession practicing in the s ame loca lity, under similar cond itions, and at the date the services are provided. Our conclusions, opinions, and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, rega rding the service s, comm unication ( oral or written), report, opinion, or instrument of service provided.

During the course of the performance of Kleinfelder's ser vices, haza rdous ma terials may be discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss of property value, damage, or injury that results from pre-existing hazardou s m aterials being encountered or present on the project site, or from the discovery of such hazardous materials.

KLEINFELDER 620 Magnolia Ave., Bldg. G, Ontario, CA 91762 p | 909.657.1716 f | 909.988.0185

CLOSURE

We look forward t o working with you on this project. If you have questions or require additional information, please contact the undersigned at (909) 833-5780.

Sincerely,

KLEINFELDER, INC.

Mike Dorsch Dany Hanna, PE
Project Manager Client Account Manager

Attachments: Table 1 – Fee Estimate
Client Master Service Agreement

TABLE 1

FEE ESTIMATE

Number of Visits Quantity Total Rate Cost
(days) (Hours/Ea.) (Hours/EA.)
Soil & Aggregate Base Testing Services
Field Services
Soils Field Technician 4 4 16 $130.00 $2,080.00
Trip Charge 4 1 4 $90.00 $360.00
Laboratory Testing
Maximum Density/Optimum Moisture Content 2 $245.00 $490.00 Sieve Analysis (Coarse & Fine) 1 $165.00 $165.00
Sand Equivalent Value 1 $150.00 $150.00
ESTIMATED SUBTOTAL $3,245.00
Asphalt Testing Services
Field Services
Asphalt Field Technician 5 8 40 $130.00 $5,200.00
Trip Charge 5 1 5 $90.00 $450.00
Laboratory Testing
AC Content by Extraction 2 $220.00 $440.00
Gradation of Extracted Aggregate 2 $125.00 $250.00
Unit Weight, Hveem Method 2 $310.00 $620.00
Hveem Stability 2 $185.00 $370.00
ESTIMATED SUBTOTAL $7,330.00
Concrete Testing Services
Field Services
Concrete Field Technician 2 4 8 $130.00 $1,040.00
Sample Pick-Up (Non-PW) 2 1 2 $90.00 $180.00
Trip Charge 4 1 4 $90.00 $360.00
Laboratory Testing
Concrete Compressive Strength (Assume 2 sets of 4) 8 $32.00 $256.00 ESTIMATED SUBTOTAL $1,836.00
Project Management & Administration
Project Manager - Planning/Project Management/Review of Project Documents 5 $175.00 $875.00 Project Administrator - Document Control/Dispatch/Field Coordination 3 $95.00 $285.00 Project Final Report 2 $175.00 $350.00
ESTIMATED SUBTOTAL $1,510.00
ESTIMATED TOTAL FEE $13,921.00

HOURS WORKED HOURS BILLED
Show up-No Work/Cancelled 2
0-4 hours 4
4-8 hours 8
8-12 & Saturday Time and One-Half
Greater than 12, Sundays & Holidays Double Time
Please note: *Overtime services not specifically listed above will incur a multiplier of 1.5 times the rate shown and double time will incur a multiplier of 2.0 times the rate shown. **Trip charge includes portal-to-portal travel time from the Kleinfelder office, mileage, and vehicle usage.

This fee estimate assumes that a PLA, CWA, and/or Union requirements do NOT apply to the subject project.

BASIS OF CHARGES
TABLE 1 - FEE ESTIMATE
Beach Street Pavement Rehabilitation Project - Phase 1
From Vail Avenue to 5th Street in the City of Montebello Proposal to Provide Construction Materials Testing Services for AIM Consulting Services This fee estimate assumes that prevailing wage laws apply to the subject project.

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CLIENT MASTER SERVICE AGREEMENT

Client Master Services Agreement (USA) January 2020

CLIENT MASTER SERVICES AGREEMENT
ONT21C134119

This Agreement is made on: December 10, 2021

Between AIM Consulting Services with offices at 12121 Valley Boulevard, Suite 206, El Monte, CA 91732 (Client)
And Kleinfelder, Inc. with offices at 620 S. Magnolia Avenue, Building G, Ontario, CA 91762 (Kleinfelder).

Recitals
A. Client wishes to appoint Kleinfelder to provide certain services (the Services, as defined below) required by Client or Client’s agreement with the Owner for one or more projects on a Work Order basis and on the terms and conditions contained in this Agreement.

B. Kleinfelder has agreed to perform the Services on the terms and conditions contained in this Agreement.

Now it is agreed as follows:

1. CONTENTS OF AGREEMENT

1.1 The parties agree that the documents listed in 1.1(a) through ( e) constitute the “Contract Documents” of this Agreement. To establish obligations and resolve ambiguities in the Contract Documents, the following order of precedence will prevail:
(a) first, amendments and Change Orders issued in accordance with this Agreement ; (b) second, Work Orders (Appendix A, as defined below); (c) third, Kleinfelder’s Proposal, dated , which the Client acknowledges receipt and confirms understanding of , and agreement with the contents thereof , in full (Appendix B ), or Kleinfelder ’s Proposals subsequently issued and referenced, attached or incorporated into Work Orders ; (d) fourth, this Agreement; and
(e) fifth, those portions of the Client’s a greement with Owner dated (Prime Agreement), if and as applicable to Kleinfelder and incorporated as provided in clause 1.4 (Appendix C).

1.2 To the extent of any inconsistency between this Agreement and any Prime Agreement, the provisions of this Agreement will always prevail.

1.3 Any pre-printed terms and conditions on forms used by either party in the administration of this Agreement are void and do not supplement or replace the terms and conditions of the Contract Documents of this Agreement.

1.4 Kleinfelder agrees to be bound to Client in the same way Client is bound to (Owner), to the extent the provisions referenced at clause 1.1(e) are applicable to the Services under a given Work Order and provided those provisions of the Prime Agreement are expressly identified and furnished to Kleinfelder prior to entering into the Work Order.

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Client Master Services Agreement (USA) January 2020

2. APPOINTMENT AND SCOPE OF SERVICES

2.1 This Agreement anticipates the execution of various written work orders (in the form of Appendix A) which the parties agree will specify the scope of Services to be performed ( Services) and Client's project for which the Services will be performed ( Project), the location of Client’s Project for providing the Services (Site), the time period for performance, the agreed fees and additional provisions, if any, applicable to such Services (Work Orders).

2.2 By executing this Agreement, Client does not guara ntee any future work, nor does Kleinfelder commit to performing any specific future Work Order.

3. STANDARD OF CARE

3.1 Kleinfelder will perform its Services in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the Services are provided.

3.2 Kleinfelder makes no representation, guarantee or warranty, express or implied, regarding the Services, or any communication (oral or written), certification, report, opinion, or Instrument of Service provided pursuant to this Agreement.

3.3 Kleinfelder will not b e responsible for constant or exhaustive inspection of the work, for the means, methods, techniques sequences or procedures of construction, or for the safety procedures employed by any party other than its own employees, subconsultants and subcontractors.

3.4 No level of assessment can conclusively determine whether a property or its structures are completely free of geotechnical hazards or hazardous substances (including but not limited to mold). Client represents that it has carefully reviewed the limitations described in the Proposal.

3.5 Even with diligent observation, some defects, deficiencies, or omissions may occur. Before exercising any other remedy for any alleged breach by Kleinfelder of this Agreement, Client will direct Kleinfelder in writing to re - perform any defective Services within twelve (12) months after completion of the Services.

3.6 Kleinfelder will only sign certifications relating to the Services if Kleinfelder agreed in writing prior to the commencement of the Services to provide such certifications. Such certifications are statements of professional opinion only.

4. KLEINFELDER’S RESPONSIBILITIES

4.1 Kleinfelder will perform the Services as an independent contractor and not as an agent or employee of Client.

Nothing in this Agreement creates any special relationship or fiduciary duty.

4.2 Kleinfelder will, as reasonably directed by Client or its authorized agent:
(a) provide qualified staff to perform the Services;
(b) maintain records of Project activities and costs for no more than th ree years from its completion of the Services;
(c) coordinate to the extent reasonably possible with Client’s employees, contractors, consultants so as not to impede the progress of the Project; and
(d) require its personnel to maintain a safe, clean and orderly work environment.

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Client Master Services Agreement (USA) January 2020

5. TERM AND TERMINATION

5.1 This Agreement will commence on the date of its execution, except as to any Services authorized by Client and performed by Kleinfelder beforehand, and will continue in effect for two years or until terminated by either party or extended for an additional two years by mutual written agreement of the parties .

5.2 Either party may terminate this Agreement or any Work Order at any time by providing not less than ten (10) days’ written notice to the other party.

5.3 Notwithstanding the termination or expiry of this Agreement, the terms of this Agreement will survive and continue to apply to all Work Orders signed by both parties prior to the Agreement’s effective termination or expiry date, and until all of the rights and obligations of both parties have been fulfilled.

5.4 Within fifteen (15) days from termination Client will pay Kleinfelder on demand for all Services rendered and costs incurred through to the date of any termination and for all reasonable costs and expenses incurred by Kleinfelder in effecting the termination, including, without limitation, non -cancellable commitments, fixed cost components and other demobilization costs.

6. COMPENSATION

6.1 In consideration for undertaking the Services, the Client shall pay to Kleinfelder the sum specified in each Work Order in payments in accordance with the terms of each Work Order and the payment provisions of this Agreement.

6.2 Client agrees to provide any special invoicing requirements to Kleinfelder in advance of signing this Agreement, to which additional charges may apply.

6.3 The proposed fees set forth in this Agreement shall be open for acceptance for ninety (90) days from the above date. If the Agreement is signed after that date, the proposed fees may be adjusted prior to commencement of Services. The hourly rates charged for Kleinfelder’s Services are adjusted annually in January of each year to reflect changes in the various elements that comprise such hourly rates. All adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by Kleinfelder and consistent with Kleinfelder’s overall compensation practices and procedures.

Kleinfelder reserves the right to periodically adjust its fee schedule.

6.4 Kleinfelder will generally submit its invoices to Client on a monthly basis. Client must pay all invoices within thirty (30) days from the date of invoice, with interest at the rate of one and one -half percent (1 1/2 %) per month payable on all outstanding payments . Interest on all outstanding payments will be charged from the initial date of invoice.

6.5 Kleinfelder may suspend performance of Services under this Agreement until it has bee n paid in full for all outstanding payments, including interest charges.

6.6 Kleinfelder will be entitled to recover from Client on demand all expenses incurred (including all legal costs and expenses) in recovering any outstanding payments from Client.

6.7 All travel will be invoiced at cost and reimbursed by Client. All travel required under this Agreement is subject to the terms, conditions and applicable rates set forth in the U.S. Federal Travel Regulations.

7. INSURANCE

7.1 Kleinfelder will maintain during the term of this Agreement worker's compensation, commercial general liability, automobile liability Insurance and professional indemnity insurance coverage.

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Client Master Services Agreement (USA) January 2020

7.2 Client will maintain during the term of this Agreement adequate insurance coverage and will require and verify any contractors or parties it hires to have adequate insurance coverage. Client agrees that f ailure to comply with this clause will invalidate any indemnify provided by Kleinfelder under clause 12.1.

8. CHANGES TO SCOPE OF SERVICES

8.1 Client or Kleinfelder may request to modify the scope of Services as set out in any Work Order , whereon both parties agree to negotiate in good faith and execute a written Change Order. A Change Order is an amendment to this Agreement or to a Work Order that modifies the Services and specifies the following:
(a) a change in the terms and conditions or Services;
(b) an adjustment in the schedule for performance; and
(c) the amount of adjustment in Kleinfelder’s compensation.

8.2 Kleinfelder will treat as a Change Order any written or oral Client order (including directions, instructions, interpretations, or deter minations) which request changes in the Services . Kleinfelder will give Client written notice within a reasonable time of any resulting adjustment in the schedule and compensation. Unless Client objects in writing within 5 business days, the proposed ter ms of the Change Order with the adjustment in the schedule and price shall become a part of this Agreement.

8.3 If Client and Kleinfelder cannot agree upon an equitable adjustment in the schedule and compensation , and Kleinfelder does not sign the Change Order, the disagreement shall be treated as a Dispute under clause 18.

9. FORCE MAJEURE

9.1 Kleinfelder will not be liable for delay or failure to perform its Services caused directly or indirectly by circumstances beyond its control, including but not limited to, acts of God, fire, flood, war, sabotage, accident, labor dispute, shortage, government action or inaction, changed con ditions, delays resulting from actions or inactions of Client or third parties, S ite inaccessibility or inability of others to obtain material, labor, equipment, or transportation.

9.2 Should any of the preceding circumstances occur, then the date for completion or any other milestone date shall be adjusted for the delay in accordance with clause 8, provided Kleinfelder reports the delay to Client within a reasonable time of discovery.

10. INSTRUMENTS OF SERVICE

10.1 All data, reports, drawings, plans, or other docume nts (or copies) provided to Kleinfelder by Client for the purposes of this Agreement will , at Client’s written request, be returned upon completion of the Services and payment in full for all Services rendered . Client agrees that Kleinfelder may retain one copy of all such documents.

10.2 Client agrees:
(a) all reports, drawings, plans, documents, software, source code, object code, boring logs, field data, field notes, calculations, estimates, laboratory test data and other similar data, documents and work products (or copies thereof) in any form prepared by Kleinfelder pursuant to this Agreement are instruments of service (Instruments of Service), not products;
(b) Kleinfelder will retain exclusive ownership, copyright and title to all Instruments of Se rvice, and Client has no rights to incomplete or partial data;
(c) all opinions, certifications, communications (oral or written) or Instruments of Service furnished to Client are intended for the benefit of Client for the specific purposes stated herein and therein, are not intended

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Client Master Services Agreement (USA) January 2020

to inform, guide, or otherwise influence any entities or persons other than Client in relation to the Project, and are not intended or represented to be suited for reuse by Client or others, and; (d) reuse without the specific prior written consent of Kleinfelder will be at the user’s sole risk and without Kleinfelder liability, and Client agrees (i) to remove Kleinfelder’s and Kleinfelder’s consultants’ names and seals therefrom, and (ii) to defend, indemnify and hold harmless Kleinfelder and Kleinfelder’s contractors, consultants, affiliates, directors and employees from and against a ll losses, damages and liabilities (including all legal expenses) in connection with the unauthorized use.

10.3 Any requests by third parties for reliance upon any communication (oral or written), certification, report, opinion, or Instrument of Service provided by Kleinfelder pursuant to this Agreement will be subject to approval at Kleinfelder’s sole discretion and to additional fees, terms and conditions.

11. CLIENT’S RESPONSIBILITIES

11.1 Client agrees to provide and discuss with Kleinfelder on an ongoing basis throughout all available material, data, and information pertaining to the Services, including, without limitation, (i) the composition, quantity, toxicity, or potentially hazardous properties of any material known or believed to be present at any Site, (ii) any hazards that may be present, (iii) the nature and location of underground or otherwise not readily apparent utilities, (iv) summaries and assessments of the Site's past and present compliance status, (v) the status of any filed or pending judicial or administr ative action concerning the Site or Project , and (vi) Client records (in electronic format where possible) for such data as benchmarks, plans, maps, and property ownership.

11.2 Client will ensure the cooperation of Client’s employees, contractors and consultants with Kleinfelder.

11.3 Client acknowledges and agrees that Kleinfelder is entitled to rely upon the accuracy and completeness of any information given by Client, its employees, contractors and consultants.

11.4 Client will provide reaso nable assistance to obtain data and records concerning the Site or Project in the possession, custody or control of third parties.

12. ALLOCATION OF RISK AND INDEMNITIES

12.1 Subject to the limitation of liability provisions of this Agreement, Kleinfelder indemnifies Client against all liabilities, losses or damages caused by the negligence or other fault of Kleinfelder and its employees, agents, representatives, subcontractors, and a ny other party for whom Kleinfelder is legally responsible ( Kleinfelder Parties), but only to the extent such liabilities, losses or damages are caused by the negligence or other fault of the Kleinfelder Parties when compared to the negligence or other fault of all other persons and entities. If California law applies to this Agreement, the parties also expressly agree that this indemnity provision does not include, and in no event shall Kleinfelder be required to assume, any obligation or duty to defend any claims, cause of action, demands, or lawsuits in connection with or arising out of this Project or the Services rendered by Kleinfelder. This clause 12.1 is not intended to and will not in any way be limited by any insurance coverage available to Client under any Kleinfelder insurance policy.

12.2 Client indemnifies Kleinfelder against all liabilities, losses or damages caused by the negligence or other fault of Client and its employees, agents, representatives, subcontractors, and all other parties for whom Client is legally responsible ( Client Parties ), but only to the extent such liabilities, losses or damages are caused by the negligence or other fault of Client Parties when compared to the negligence or other fault of all other applicable persons and entities. If California law applies to this Agreement, the parties also expressly agree that this indemnity provision does not include, and in no event shall Client be required to assume, any obligation or duty to defend any claims, cause of action, demands, or lawsuits in connection with or arising out of this Project or services rendered by Client. This clause 12.2 is not intended to and will not in any way be limited by any insurance coverage available to Kleinfelder under any Client, Owner or Project insurance policy.

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Client Master Services Agreement (USA) January 2020

12.3 Subject to any applicable statuto ry limitations, the indemnity obligations in this clause 12 shall survive the expiration or termination of this Agreement.

13. LIMITATION OF LIABILITY

13.1 The maximum aggregate liability of Kleinfelder arising out of or related to this Agreement and all Work Orders and amendments thereto , whether based in contract or tort or otherwise in law or equity, will be limited to the greater of the compensation actually paid to Kleinfelder for the Services under all Work Orders or $50,000, and Client hereby releases Kleinfelder from any liability above such amount. This limitation of liability includes any losses payable to Client under clause 12.1 and will apply to any and all claims.

13.2 This limitation of liability has been agreed after Client and Kleinfelder discussed the risks and rewards associated with the Project and the Services as well as the provision of the Services within both the obligations of this Agreement and the associated compensation. Upon written request by Client, the parties may negotiate in good faith and agree, by way of a written Change Order in accordance with clause 8 herein, to increase the amount of this liability limitation or eliminate it in exchange for payment of increased compensation to Kleinfelder.

13.3 As used in this clause 13, “Kleinfelder” includes Kleinfelder, its affiliates, subconsultants and subcontractors, and their respective partners, officers, directors, shareholders and employees. The limitation of liability established in this clause 13 shall survive the expiration or termination of this Agreement.

14. WAIVER OF CONSEQUENTIAL DAMAGES

14.1 Neither party will be liable to the other party for any special, incidental, indirect, exemplary, punitive, penal or consequential damages however arising incurred by either Kleinfelder or Client or for which either may be liable to a third party.

15. NO CONTROL OF MEANS AND METHODS OF OTHERS

15.1 Client agrees:
(a) Kleinfelder will have no control over or charge of or responsib ility for the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs of Client’s employees, or contractors or consultants engaged by Client in connection with the Project; (b) Kleinfelder’s performance of the Services does not include any job site safety obligations which may be required by or in connection with the Project or the Services or any applicable code or regulation, other than strictly in respect of its own employees; and
(c) Kleinfelder will not have control over or charge of the acts or omissions of any contractor or contractors’ agents, employees or subcontractors.

16. SITE ACCESS

16.1 Client agrees to:
(a) provide unimpeded and timely access to the Site, including any third party sites, if required; (b) provide an adequate area for Kleinfelder’s Site office facilities, equipment storage, and parking; (c) furnish all construction utilities and utility releases necessary for the performance of the Services; and (d) obtain all permits, licenses or authorizations necessary for the performance of the Services.

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Client Master Services Agreement (USA) January 2020

17. WARRANTY OF TITLE, WASTE OWNERSHIP

17.1 Kleinfelder will not take title to or be liable for any hazardous materials found at any Project Site. Any risk of loss with respect to all materials remains with Client or the Site owner, who will be considered the generator of such materials, execute all manifests as the generator of such materials, and be liable for the arrangement, transportation, treatment, and/or disposal of all material. All samples remain the property of Client. Client agrees to promptly, at its cost, remove and lawfully dispose of samples, cuttings, and hazardous materials.

18. DISPUTE RESOLUTION

18.1 If a dispute arises out of or relates this Agreement (Dispute), the parties agree to submit the Dispute to mediation pursuant to the Construction Industry Mediation Rules of the A merican Arbitration Association ( AAA). The mediator will be an independent person agreed between the parties from a panel suggested by the Institute or, failing agreement, a mediator appointed by AAA. A party shall not call for mediation of any Dispute after such period of time as would bar the initiation of legal proceedings to litigate such Dispute under the laws of the state in which the Project is located.

18.2 Client and Kleinfelder agree that in the event of a Dispute, they will not seek recourse against individual officers, employees, directors, or shareholders of the other party.

18.3 A party shall not start court proceedings in relation to a Dispute until it has exhausted the procedures in this clause, unless the party seeks injunctive or other interlocutory relief.

18.4 If the Dispute cannot be resolved through mediation, either party may file suit in an appropriate court in the state where the Services are performed.

18.5 This clause survives termination or expiry of this Agreement.

19. MISCELLANEOUS

19.1 This Agreement is governed and construed in accordance with the laws of the state where the Services are performed. The parties hereby submit to the jurisdiction of the courts of the state where the Services are performed and waive any right to object to any proceedings being brought in those courts.

19.2 Waiver of any term, condition or breach of this Agreement will not operate as a subsequen t waiver of the same term, condition or breach. A waiver is not valid or binding unless made in writing.

19.3 If any provision of this Agreement is found by a duly constituted authority to be invalid, void, or unenforceable, all remaining provisions shall continue in force.

19.4 This Agreement does not create, nor will it be construed to create, any benefit or right in any third party or any special relationship or fiduciary duty to third parties.

19.5 This Agreement constitutes the entire understanding and agr eement of the parties with respect to its subject matter. It supersedes all earlier conduct , prior agreements and understandings between the parties in connection with its subject matter.

19.6 Client and Kleinfelder shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

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Client Master Services Agreement (USA) January 2020

19.7 All notices, requests or instructions hereunder must be in writing and either hand delivered to the recipient, delivered by registered mail or express mail the addresses given in this Agreement.

19.8 This Agreement cannot be assigned by either party without the prior written approval of the other party .

Kleinfelder may subcontract performance of portions of the Services to a qualified subcontractor.

19.9 Any amendment or revision to this Agreement , including for the avoidance of any doubt, to any Work Order, must be in writing and signed by both parties. Any oral modification or revision of this Agreement shall not operate to modify this Agreement.

19.10 This Agreement may be executed in counterparts, including photo or electronic copies, which taken together, shall constitute one original document.

IN WITNESS WHEREOF, Client and Kleinfelder have caused this Agreement to be executed on the date first written above.

AIM CONSULTING SERVICES: KLEINFELDER, INC.:

By: ____________________________________ By: ___________________________________ Printed Name: Printed Name:

Title: Title:

ATTACHMENTS: Appendix A, Sample Work Order
Appendix B, Kleinfelder Proposal (as applicable)
Appendix C, Prime Agreement /Client Requirements (as applicable)

Client Design Services Agreement (USA) January 2020

APPENDIX A: WORK ORDER
Issued Pursuant to The Client Master Services Agreement effective as of by and between (Client) and Kleinfelder, Inc. (Kleinfelder).

Client Name: Kleinfelder Project No:

Project Name: Work Order Type: (Check One)
Time-and-Materials
Fixed-Price

Kleinfelder Office: Subcontractor Reference No:

Kleinfelder Contact Name:

1. SCOPE OF WORK:
(Continue on additional page, if needed)

2. LOCATION/CLIENT FACILITY INVOLVED:

3. PERIOD OF PERFORMANCE: FROM: TO:

4. AUTHORIZED FUNDING:

5. SPECIAL PROVISIONS:

NOTICE TO PROCEED IS GIVEN ON (DATE):

CLIENT: KLEINFELDER:

By: ____________________________________ By: ___________________________________ Printed Name: Printed Name:

Title: Title:

Address: Address:

SAMPLE

Exhibit B

Master Agreement Fee Schedule

ITEM #____
C

ITY OF MONTEBELLO
CI

I
t is recommended that the City Council:
1) A
ccept the Paving the Way – Phase 2 Project (CP 878) as completed by Manhole Adjusting, Inc. (MAI); and
2) F
ind that the “Changes in Work” for the project (Attachment A) in the aggregate amount of $1,423,503 have no significant effect on the environment. The final contract amount with MAI is $6,362,081.
3) A
pprove the Final Construction Budget and Expenditures (Attachment B); and 4) A
uthorize the City Clerk to execute, verify and file the Notice of Completion (Attachment C) with the Los Angeles County Registrar-Recorder; and 5) A
uthorize the City Manager to release the retention payment due to Manhole Adjusting, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and
6) A
mend the Fiscal Year 2021-22 budget by increasing appropriations by $630,362 in Account No. 220- 99-7117 (Measure R, Improvements Other than Building – Paving the Way) and $1,108,174 in Account No. 222- 99-7117 (Measure M, Improvements Other than Building – Paving the Way); and 7) T
ake such additional, related, action that may be desirable. 16 CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Paving the Way – Phase 2 (CP No. 878) – Notice of Completion

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FISCAL IMPACT

The City issued $25 million in bonds in December 2019, with all bond proceeds utilized to pay for a citywide street repair and paving program (Paving the Way). Debt service related to issuance of the bonds is paid for utilizing local return funds (LRF) appropriated from Measure M, Measure R and Proposition C.

This specific project was funded by using bond proceeds backed by Measure M and Measure R. The total project budget was $6,180,081 ($2,835,557, Measure M and $3,344,524, Measure R). Additionally, The City Council appropriated $182,000 from Measure R (Fund 220) Local Return Funds on April 28, 2021 for a total construction budget of $6,362,081 (i.e., non-bond proceeds funding). The total construction expenses for the life of the project (since Fiscal Year 2019-20) were $6,362,081, detail of the original contract amount and subsequent change orders can be found on Attachment A.

A budget amendment in Measure R (Fund 220) and Measure M (Fund 222) is necessary as part of the project close- out process. In order to align current year -to-date expenditures (FY 2021- 22) with available budget, the following increases to appropriations are required:

• Account No. 220- 99-7117 (Measure R, Improvements Other than Building – Paving the Way): $630,362
• Account No. 222- 99-7117 (Measure M, Improvements Other than Building – Paving the Way): $1,108,174

BACKGROUND

The City Council at its regularly scheduled meeting of September 25, 2019 initiated the issuance of bonds to fund the infrastructure program known as Paving the Way (PTW), a program to repair various streets throughout the city. The bond sale generated approximately $25 million in bond proceeds, with debt service paid using Measure M, Measure R and Proposition C Local Return Funds receive annually from LA Metro.

The initial phases of the program included rehabilitation of approximately 80 residential streets throughout the city. Rehabilitation of residential streets was divided into 3 phases as follows: 1) Phase 1 included concrete repairs for 39 street segments; 2) Phase 2 included the asphalt resurfacing of 80 streets; and 3) Phase 3 included concrete repairs for 41 street segments.

On March 25, 2020, the City Council authorized staff to advertise for construction bids for PTW Phase 2 and authorized the City Manager to award a contract to the lowest responsive and responsible bidder in an amount up to $5,700,500, including contingency.

On May 4, 2020, two (2) sealed bids were received and publicly opened as follows:

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Paving the Way – Phase 2 (CP No. 878) – Notice of Completion

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Manhole Adjusting, Inc. $4,938,577
Hardy & Harper, Inc. $7,800,000

The bids were analyzed and Manhole Adjusting, Inc. was determined to be the lowest responsive and responsible bidder. As authorized, the City Manager executed a contract with Manhole Adjusting, Inc. in the original contract amount of $4,938,577 on May 28, 2020.

Construction began on June 15, 2020 and was completed in December 2021. On April 28, 2021, the City Council approved a change order in the amount of $383,896 that included the cost to add three street segments to the project including: 1) Beverly Blvd from Wilcox Ave to Via Val Verde; 2) Morris Place from Beverly Blvd to Lincoln Ave; and 3) Via Camille from Morris Place to Wilcox Ave. This change order increased the total authorized construction budget to $6,084,396.

The final accounting for the closeout of the project includes an additional amount of $277,685 for various items of work, including unanticipated asphalt repairs, investigation and repair of sinkholes, slurry sealing of various streets and other miscellaneous unanticipated costs. The final construction contract amount with MAI is $ 6,362,081 as detailed in Attachment A.

ANALYSIS

The Contractor completed construction of this project in December 2021. The City Engineer has reviewed the daily inspection reports and determined that the project was completed satisfactorily and in accordance with the project plans and contract specifications. The contractor’s final accounting was reviewed and approved by the City Engineer.

NOTICE OF COMPLETION

Pursuant to Civil Code Section 3093, when a capital improvement p roject is completed, a Notice of Completion must be prepared and filed with the County Recorder’s Office for recordation after completion of the improvement. In compliance with this section of the Civil Code, the City Engineer has prepared the required Notice of Completion for the City Council to accept the project as completed ; and to authorize the City Clerk to execute, verify and file the Notice of Completion for recordation with the County Recorder’s Office.

Concurrent with the preparation of the Notice of Completion, the City Engineer approved the final progress payment based on the agreed upon scope of work; with a five (5%) percent retention being withheld from the progress payments. The final retention payment will be released to the contractor after recordation of the Notice of Completion with the Los Angeles County Registrar-Recorder.

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Paving the Way – Phase 2 (CP No. 878) – Notice of Completion

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SUMMARY

Staff is recommending that the City Council accept the Project as completed, approve the final construction budget and expenditures, including change orders, authorize the City Clerk to execute, verify and file the Notice of Completion with the Los Angeles County Registrar-Recorder, authorize the City Manager to release the retention payment due to Manhole Adjusting , Inc. and amend the Fiscal Year 2021- 22 budget by increasing appropriations by $630,362 in Account No. 220- 99-7117 (Measure R, Improvements Other than Building – Paving the Way) and $1,108,174 in Account No. 222- 99-7117 (Measure M, Improvements Other than Building – Paving the Way).

ATTACHMENTS:

A. Attachment A – Changes in Work Summary
B. Attachment B – Final Construction Budget and Expenditures C. Attachment C – Notice of Completion

ATTACHMENT A

CHANGES IN WORK SUMMARY
January 12, 2022
PAVING THE WAY – PHASE 2
CP NO. 864

Project Description:

The project consisted of roadway resurfacing with an ARAM underlayment and topped with HYRAP surface. Preparation work included micro-grinding of pavement, spot repairs that were dug out and reconstruction for localized base failures, reconstruction of base and pavement at stop points, and striping restoration.

Changes in Work:
(1) Added Removal and Replacement of 31 Stop Points $ 226,148 (2) Skin Patching Asphalt at Various Failed Areas $ 11,127 (3) Additional Street Segments $ 129,771
(4) Added Removal and Replacement of 44 Stop Points $ 398,213 (5) Additional Street Segments $ 125,532
(6) Remove and Replace AC on Hendricks St $ 20,196
(7) Remove and Replace AC on Cleveland Ave $ 16,755 (8) Additional Street Segments $ 60,821
(9) Slurry Seal on Victoria Ave and Pavement Repair on Ave de la Merced
$ 29,489
(10) CCTV Inspection of Spruce St. Sewer $ 2,915 (11) CCTV Inspection of Agajanian Way Storm Drain $ 4,373 (12) Sewer Repair on Spruce St. $ 26,956
(13) Storm Drain Repair on Agajanian Way $ 46,970 (14) Slurry Seal on Pickering Way $ 49,200
(15) Additional Street Segment $ 30,764
(16) Cement Cleanup and Sinkhole Repair $ 4,810 (17) Sinkhole Investigation $ 8,370
(18) Pavement Repair at 1428 Carob Way $ 4,975 (19) Repair Sinkholes at Barr Av $ 2,948
(20) Additional Street Segments (City Council Approval on April 28, 2021)
$ 263,895
(21) Additional Street Segment and Additional Stop Points $ 33,386 (22) Deductive CCO for Removal of Los Angeles St. $ (74,110)

Total Changes in Work

$ 1,423,504

Description of Changes:

(1) The pavement resurfacing utilized on this contract requires the removal and replacement of 20 LF of existing pavement at the ends of street segments prior to resurfacing to ensure a durable pavement base under the final resurfacing.

Frequent vehicle stopping at these locations stresses the pavement. These repairs are known as “Stop Points.” This work was not included in the original bid and was planned to be completed under another contract. This work was deleted from the other contract and added to this contract to ensure the paving resurfacing contractor would be fully liable for defects in the pavement work.

This change order added 31 Stop Points.
(2) The contractor was compensated additionally for repairs of the underlying pavement prior to resurfacing. These areas were not identified in the original bid documents and were added based on field inspection during construction. (3) The following streets segments were added to the contract: 1) Dewar Ave from Leonard St to Keenan St; and 2) Leonard St from Barr Ave to Via San Delarro. (4) Addition of 44 Stop Point pavement replacements.
(5) The following streets segments were added to the contract: 1) Hendricks St from Dewar Ave to Via Campo; and 2) Wilbur Place from Beverly Blvd to Beverly Terrace.
(6) The underlying pavement on the west side of Hendricks St from Dewar Ave to Via Campo required removal and replacement prior to resurfacing due to damage from the roots of numerous trees.
(7) The south side of Cleveland Ave between 16th St and Vail Ave required removal and replacement prior to resurfacing. This change order includes the removal and disposal of the existing pavement.
(8) This change order includes the pavement reconstruction for the south side of Cleveland Ave from 16th St to Vail Ave.
(9) The diagonal parking spaces and Parks & Recreation Building parking lot were slurry sealed to match the new pavement surface on Victoria Ave between 18th St and Maple Ave. 3,200 SF of existing pavement on Ave de la Merced required grinding and overlay prior to final resurfacing. (10) A sinkhole was discovered on Spruce Street. A CCTV inspection of a sewer was completed to identify the cause of the sinkhole and recommend repairs prior to pavement resurfacing.
(11) A sinkhole was discovered on Agajanian Way. A CCTV inspection of a storm drain was completed to identify the cause of the sinkhole and recommend repairs prior to pavement resurfacing.
(12) The contractor was compensated additionally for the repair of the sewer on Spruce St.
(13) The contractor was compensated additionally for the repair of the storm drain on Agajanian Way.
(14) The slurry sealing of Pickering Way from Ferguson Dr to Southside Dr was

added to the contract.
(15) Resurfacing of Frankel Ave from Carob Way to 5th St was added to the contract.
(16) The contractor was compensated additionally to clean up cement that was dumped on Harding Ave by an unknown party. The cement needed to be cleaned prior to resurfacing. Additional compensation also included exploratory excavation of a sinkhole on Pickering Way prior to slurry sealing. (17) The contractor was compensated additionally for investigation of sinkholes on Sruce St, Agajanian Way, and Pickering Way.
(18) The contractor was compensated additionally for the repair of the underling pavement on Carob Way prior to resurfacing.
(19) The contractor was compensated additionally for the repair of a sinkhole on Barr Ave.
(20) The following street segments were added to the contract: 1) Beverly Blvd from Wilcox Ave to Morris Place; 2) Morris Place from Beverly Blvd to Lincoln Ave; and 3) Via Camilla from Morris Place to Wilcox Ave. This change order was approved by the City Council on April 28, 2021.
(21) Resurfacing of Michael Collins Circle was added to the contract. The contractor was also compensated additionally for added Stop Points and pavement removal and replacement at various locations.
(22) This change order deducted the bid price for Los Angeles St because it was removed from the contract due to failing trench pavement that is likely located over a Los Angeles County Sanitation Districts sewer trunk line. The trench will require repair prior to resurfacing.

Revised Contract Amount:

Original contract amount $ 4,938,577
Adjustment for Final Quantities $ 0
Actual construction contract work completed $ 4,938,577 Changes in work previously authorized $ 1,145,819

Changes in work to be authorized $ 277,685

Revised contract amount $ 6,362,081
Percent total change to original contract amount 28.8%

ATTACHMENT B
PAVING THE WAY – PHASE 2
C.P. No. 878

FINAL CONSTRUCTION BUDGET AND EXPENDITURES
January 12, 2022

Project Expenses Estimated Cost
Original Construction Contract (Manhole Adjusting, Inc.) $4,938,577 Change Orders (Previously Authorized)* $1,145,819
Change Orders (Recommended)* $277,685
Total Construction Cost: $6,362,081

Project Funding
Estimated
Budget
Paving the Way Street Improvement Bond (Measure M) $2,835,557 Paving the Way Street Improvement Bond (Measure R) $3,344,524 Measure R (Fund 220) – (Appropriated 4/28/2021) $182,000 Total Construction Budget: $6,362,081

*See Attachment A for a detailed listing of these change orders, the total amount equaling $1,423,504

RECORDING REQUESTED BY ATTACHMENT C

CITY OF MONTEBELLO

AND WHEN RECORDED MAIL TO

NAME CITY OF MONTEBELLO

CITY CLERK
STREET 1600 W Beverly Blvd.

ADDRESS
CITY Montebello,

STATE CA
ZIP 90640

SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

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

2. The full name of the owner is City of Montebello

3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640

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

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

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

NAMES ADDRESSES

_______________________________________________________________________________________________

6. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
____________________________________________________________________________________________

7. A work of improvement on the property hereinafter described was completed on December 14, 2021 . The general scope of work consisted of asphalt repairs and resurfacing, utility adjustments and traffic striping.

8. The name of the contractor, if any, for such work of improvement was Manhole Adjusting, Inc.

May 14, 2020
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvem ent was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Paving the Way Phase 2, CP 878

Director of Public Works / City Engineer, City of Montebello (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION

I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:

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

Executed on_________________ , 2022 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

DO NOT RECORD

REQUIREMENTS AS TO NOTICE OF COMPLETION

A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.

The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in- interest at th e date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.

For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to hi s interest at the date the notice is filed, must file the notice.

If the ownership is in two or more persons as joint tenants or tenants is common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.

Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors.

In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state.

As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. I f the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words “A work of improvement” from paragr aph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvements”); (2) Insert the name of the contractor under the particular contract in paragraph 7.

In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor’s name need be given if there is n o general contractor, e.g., on so-called “owner-builder jobs.”

In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.

In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority.

This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changes proper to your transaction. Consult a lawyer if you doubt the form’s fitness for your purpose.

ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Joseph Palombi, Director of Planning and Community Development S
UBJECT: A pprove Professional Services Agreement No. 3946 for Market Analysis and Retail Recruitment Services between NaviRetail Inc. and the City of Montebello
D
ATE: January 12, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) A
pprove a Professional Services Agreement between the City of Montebello and NaviRetail Inc. in an amount not to exceed $84,000 over the course of a two (2) year term for Market Analysis and Retail Recruitment Services for the City of Montebello; and
2) A
uthorize the City Manager to execute the Professional Services Agreement between the City and NaviRetail Inc. and any related documents in accordance with Montebello Municipal Code (“MMC”) Chapter 3.20.050; and 3) A
mend the Fiscal Year 2021- 22 budget by increasing appropriations by $42,000 in Account 100- 50-520-6040.95 (General Fund, Community Development, Planning Division, Other Professional Services); and
4) T
ake such additional, related, action that may be desirable.

FISCAL IMPACT
T
he Professional Service Agreement fee proposal indicates an annual cost of $42,000 with a not-to-exceed-amount of $84,000 over the course of a two (2) year term. The City Council is being asked to amend the Fiscal Year 2021- 22 budget by increasing appropriations by $42,000 (Account No. 100-50-520-6040.95, General Fund, Community Development, Planning Division, Other Professional Services). The FY 2022- 23 budget will be developed to include sufficient funding for these services. 17 CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Approve Professional Services Agreement No. 3946 for Market Analysis and Retail Recruitment Services between NaviRetail Inc. and the City of Montebello

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NaviRetail, Inc is a consultant that collects and analyzes market data to help provide communities with information to drive retail development and recruitment decisions. The market analysis work conducted by NaviRetail, Inc. is professional in nature pursuant to MMC Chapter 3.20 – Contracts for Professional and Special Services. The City Manager can be given authorization to approve this professional services agreement with a four - fifths vote by City Council (M MC Code Chapter 3.20.050 - Conformance with Bidding Procedures).

Staff conducted in- person interviews with a total of four (4) market analysis and retail recruitment consultants and determined NaviRetail, Inc can best meet the needs of the community. In this case, given the unique nature and technical aspects of the service, an informal interview/proposal submittal process was utilized in order to find a firm with the best skills match for the City.

BACKGROUND

On May 1, 2021, the City Council held a duly noticed special meeting to discuss strategic planning, goals, and objectives . One of the topics addressed was developing a comprehensive economic development strategy, to include in- house and/or third- party services to assist in these efforts . During this special study session, staff received direction to establish an economic development division to pursue strategic objectives and develop a plan for economic development within the City. The Planning and Community Development Department took the lead in completing this task in developing a vision for a functional economic development division that would holistically address the needs for ec onomic development. This includes developing a strategic econom ic development plan and establishing vital relationships and marketing strategies for commercial retailers and eating establishments.

The City is currently working on its comprehensive General Plan Update that will include the Downtown Montebello Specific P lan. This process will help inform the newly established economic development div ision with its focus in preparing a qualified list of prospective retailers based on current market analysis and facts necessary to attract key commercial retailers and development projects to the City. It is important to note that this area of expertise is unique and there are a limited number of qualified firms in the country with the required expertise to assist in achieving these economic development goals.

On December 5, 2021, staff consisting of the City Manager, Assistant City Manager, and Director of Planning and Community Development attended the International Council of Shopping Centers (ICSC) in Las Vegas, Nevada and conducted in-person interviews/meetings and shared appropriate contact information with four prospective retail strategy consultants . These interviews/meetings included the following retail consultant firms/representatives:

NAME REPRESENTATIVE
NaviRetail Inc. Lanie Keen, Project Director
Retail Strategies Christopher Bontrager, Vice President CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Approve Professional Services Agreement No. 3946 for Market Analysis and Retail Recruitment Services between NaviRetail Inc. and the City of Montebello

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Star Retail Advisors Todd Star, Managing Partner
The Retail Coach Charles R. Parker, Project Director

The in -person interviews and proposed Professional Services Agreement is in conformance with the City’s procurement policies for professional services under fifty thousand dollars a year, and as authorized by the M MC Chapter 3.21 (Contracts for Professional and Special Services) . Subsequently, s taff received a proposed scope of work from NaviRetail Inc. to provide the City with a market analysis and retail recruitment services. This proposal was consistent with the City’s vision and overall objective to do its due diligence and prepare a strategic economic development plan to target retailers and developers for future development. The contemplated services are intended to move the City forward in implementing a vision for strategic economic development with a focus on citywide economic health and vitality. In addition, this effort would focus on advancing the City’s goal to revitalize the downtown corridor.

Established in 2016, NaviRetail Inc. has a unique expertise along with a verified track record that includes working in 30 different states and over 400 communities all across the United States of America. Based on their experience and private sector expertise, NaviRetail Inc. has demonstrated its ability to enhance the City’s economic development efforts including, among other things, its retail /commercial component. Staff believes NaviRetail Inc. would complement the City’s E conomic Development Division under the direction of a full-time Economic Development Manager to establish and implement the City’s strategic economic development plan.

While the proposed Professional Services Agreement is one which may be approved under the City Manager’s authority (MMC Section 3.21.050), staff determined it was appropriate to bring this matter back to the City Council as an update on the direction given to staff during the May 1, 2021 special meeting on the City’s economic development plan. The proposed Professional Services Agreement is for a two-year (2-year) term with an option to extend for one (1) additional year thereafter.

ENVIRONMENTAL

The California Environmental Quality Act (Section 2100, et. seq. of the California Public Resources Code, hereafter “CEQA”) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect phys ical change in the environment” (State CEQA Guidelines Section 15378).

Staff has reviewed the Project to determine the required level of review under CEQA and has determined that the proposed Project is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the State CEQA Guidelines states that an activity is covered by the common sense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 12, 2022 Approve Professional Services Agreement No. 3946 for Market Analysis and Retail Recruitment Services between NaviRetail Inc. and the City of Montebello

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the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. Nevertheless, it is important to note that specific projects/programs that qualify for funding under the proposed Project may be subject to environmental review prior to implementation.

SUMMARY

The City Council will consider approving a Professional Services Agreement for Market Analysis and Retail Recruitment Services with NaviRetail Inc. and authorize the City Manager to execute the Professional Services Agreement (attached hereto in substantial form) to be reviewed and approved as to form by the City Attorney . Under general direction from the Director of Planning and Community Development, and designated staff, NaviRetail Inc. will be tasked with the following scope of services which are described in more detail in the Proposed Scope of Work (please see “Exhibit A” to Attachment A):

Phase 1 – Critical Path Method (CPM) and Project Kickoff Phase 2 – Data Gathering and Collection
Phase 3 – Market Analysis and Mobility Assessment
Phase 4 – Combine Reports and Market Findings
Phase 5 – Community Forum and Recruitment Workshop
Phase 6 – Retail Matching and Targeting Strategies
Phase 7 – Site Matching and Inventory Assessment
Phase 8 – Hotel Monitoring and Feasibility Study
Phase 9 – Action Items and Recommendations
Phase 10 – Business Recruitment and Retention

ATTACHMENT:

A. Attachment A – Professional Services Agreement No. 3946

ATTACHMENT A

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. 3946
WITH NAVIRETAIL INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is
made and entered into on January 12, 2022 (“Effective Date”) , by and between the CITY OF MONTEBELLO, a California municipal corporation ( the “CITY”) and NaviRetail Inc., a Mississippi corporation (the “CONSULTANT”).

The CITY and the CONSULTANT are sometimes referred to herein individually as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to retain a qualified professional consultant to provide services for Market Analysis and Retail Recruitment Services in the CITY, as described in the Scope of Work (dated December 17, 2021); and

WHEREAS, the CONSULTANT represents that it is fully quali fied to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parti es hereto agree as follows:

SECTION 1. TERM OF AGREEMENT

1.1 This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire two (2) years from the Effective Date, unless terminated earlier as hereinafter provided.

1.2 The Parties may extend the term of this Agreement by mutual agreement in a writing signed by both Parties which specifically states it is extending the term of this Agreement for an additional one-year (1-year) extension, and upon such terms and conditions mutually agreed upon by the Parties in writing.

1.3 Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by the CITY’s applicable, department head.

SECTION 2. PERFORMANCE/COMPENSATION

2.1 The C ONSULTANT shall perform the services as set forth in the December 17, 2021 Scope of Work and pursuant to the schedule set forth therein.

2.2 The Parties acknowledge and agree that any and all opinions provided by the C ONSULTANT in connection with the Scope of Work represent the professional judgment of the C ONSULTANT in accordance with the PROFESSIONAL SERVICES AGREEMENT NO. 3946

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professional standard of care applicable by law to the services performed hereunder.

2.3 The CONSULTANT shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. Should the CITY require additional services not included under this Agreement, the CONSULTANT shall make reasonable effort to provide such additional services within the time schedule without decreasing the effectiveness of the performance of services required under this Agreement and shall be compensated for such additional services as agreed between the Parties.

2.4 The CONSULTANT shall furnish the facilities, equipment and personnel necessary to perform its obligations under this Agreement.

2.5 Except for the obligations and restrictions expressly contained in this Agreement, nothing contained herein shall prohibit the C ONSULTANT from rendering services to any other entities during the term of this agreement.

2.6 The CITY shall remit two (2) annual payments to the CONSULTANT in the following manner provided the total of such payments shall not exceed FORTY-TWO THOUSAND DOLLARS per year:

(a) Year 1: The first payment of TWENTY-ONE THOUSAND DOLLARS AND 00/100 CENTS ( $21,000.00) is due to the CONSULTANT within thirty (30) days after the CITY has issued the Notice to Proceed. The second payment, for TWENTY-ONE THOUSAND DOLLARS AND
00/100 CENTS ( $21,000.00) is due to the CONSULTANT within six (6) months of the Effective Date.

(b) Year 2: The first payment of TWENTY-ONE THOUSAND DOLLARS AND 00/100 CENTS ($21,000.00) is due to the CONSULTANT within thirty (30) days after the one-year anniversary of the CITY’s issuance of the Notice to Proceed. The second payment of TWENTY-ONE THOUSAND DOLLARS AND 00/100 CENTS ($21,000.00) is due within thirty (30) days after the eighteen- month anniversary of the City’s issuance of the Notice to Proceed.

(c) Year 3 (optional): If the Agreement is extended for the additional year past the Agreement’s original term in the form and manner authorized in Section 1.2 above, the Parties shall negotiate the payment schedule for Year 3; provided such amount shall not exceed FORTY-TWO THOUSAND DOLLARS AND 00/100 CENTS ($42,000.00).

(d) Invoices: The CONSULTANT shall submit invoices at least fifteen (15) days prior to when each payment is due as described above. The CONSULTANT shall provide invoices with sufficient detail to ensure compliance with performance of the Scope of Work . Where applicable, the information required shall include, date(s) of work, hours of work, rate(s), accomplishments, and material costs.

2.7 The C ONSULTANT shall be entitled to no additional compensation under this Agreement unless the Parties agree to additional compensation in a writing signed by both Parties which specifically states it is altering the PROFESSIONAL SERVICES AGREEMENT NO. 3946

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compensation due under this Agreement.

SECTION 3. PERFORMANCE.

3.1 The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

3.2 The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.

3.3 The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedure s, and the supervisory chain of command.

3.4 The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultant s to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultant s shall be the sole and exclusive responsibility of the CONSULTANT.

3.5 The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

3.6 Amendments. Modifications or amendments to this Agreement are only effective if done in a writing signed by all Parties, which specifically states it is modifying or amending this Agreement.

3.7 Confidentiality. All documents, data compilations, reports, computer programs, photographs, and any other work provided to or produced by the CONSULTANT and marked “Confidential” shall be kept confidential by the CITY unless written permission is granted by the CONSULTANT for its release; provided that such permission shall not be unreasonably withheld by the CONSULTANT especially when disclosure is legally required.

3.8 Compliance with Laws. The C ONSULTANT shall keep informed of and comply with all applicable federal, state and local laws and regulations in the performance of this Agreement.

3.9 Ethics. The C ONSULTANT shall keep informed of and comply with all ethical standards governing the CONSULTANT’s profession.

PROFESSIONAL SERVICES AGREEMENT NO. 3946

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3.10 Force Majeure. Neither P arty shall be li able for failure to perform under this Agreement if such failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming p arty. This provision shall become effective only if the party failing to perform i mmediately notifies the other p arty of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimize delays.

3.11 Time is of the Essence. Time is of the essence in all provisions of this Agreement.

SECTION 4. WORK PRODUCT.

4.1 The CONSULTANT hereby agrees that all non-proprietary work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement , shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such w ritten products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.

4.2 All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 5. EXTRA SERVICES.

5.1 No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in w riting by the CITY’s City Manager (the “City Manager”).

SECTION 6. CITY SUPERVISION.

6.1 The Director of Planning and Community Development shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY ’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 7. TERMINATION.

7.1 In the event that either Party hereto fails or refuses to perform any of the PROFESSIONAL SERVICES AGREEMENT NO. 3946

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provisions of this Agreement at the time and in the manner required, the non- defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

7.2 Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non- defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and it s intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the C ITY may take over the wor k and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the C ITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Servi ces satisfactory performed on or before the effective date of termination.

7.3 Termination for Convenience. T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten ( 10) bus iness days’ written notice to the CONSULTANT.

Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

7.4 Either Party may terminate this Agreement immediately upon the material breach of the other Party.

SECTION 8. EMPLOYMENT OF CITY EMPLOYEES.

PROFESSIONAL SERVICES AGREEMENT NO. 3946

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8.1 No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

9.1 No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.

SECTION 10. INDEPENDENT CONSULTANT.

10.1 The CONSULTANT is and shall, at all times, remain as to the CITY a wholly i ndependent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY.

No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.

10.2 The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

10.3 The CITY shall not deduct from the C ompensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, st ate or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subcon sultants with workers’ compensation insurance or any other insurance.

SECTION 11. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

11.1 If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with PROFESSIONAL SERVICES AGREEMENT NO. 3946

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all laws and regulations applicable to CalPERS annuitants.

11.2 In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an emp loyee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or sub consultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

11.3 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultant s providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 12. LEGAL RESPONSIBILITIES.

12.1 The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code.

The CITY, and its appoint ed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 13. INDEMNIFICATION.

13.1 The CONSULTANT agrees to, and shall defend, indemnify, protect an d hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to pro perty arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 14. INSURANCE COVERAGE.

14.1 During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection PROFESSIONAL SERVICES AGREEMENT NO. 3946

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with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

a. Commercial General Liability (CGL) : Insurance Services Office Form C G 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products -completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

b. Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

c. Worker's Compensation insurance as required by the laws of th e State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

d. Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no le ss than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

14.2 If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

14.3 The CONTACTOR shall require each of its subconsultant s, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

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

14.5 Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non- payment) has been given to the C ITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.

14.6 Evidence of Insurance prior to commencement . The Contractor shall provide to the C ITY Certificate(s) of Insurance evidencing such coverage together with copies of the requi red policy endorsements no later than five (5) PROFESSIONAL SERVICES AGREEMENT NO. 3946

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Montebello City CouncilJanuary 12, 2022

Montebello City Council
January 12, 2022