Agenda packet — Montebello City Council, October 12, 2022 (part 2 of 4)

STANDARD PUBLIC WORKS AGREEMENT NO. 4006

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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 w ork 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 Agre ement, 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 Agreem ent to the satisfaction of the CITY within the time specified 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 diligent 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 a ll 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

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STANDARD PUBLIC WORKS AGREEMENT NO. 4006

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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 performance of its obligations under this Agreement.

SECTION 18. NOTICE OF COMPLETION

Upon completion of the PROJECT and accepta nce 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 Finan ce 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.

SECTION 19. AUTHORITY

Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute 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 th e 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 fees shall include

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STANDARD PUBLIC WORKS AGREEMENT NO. 4006

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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 allows which are incurred in such litigation.

All such fees shall be deemed to have acc rued 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 herein 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 officers, 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 o n 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 addres ses or such other addresses as the Parties may designate by written notice:

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: _________________________
Attn: _____________________
___________________
___________________
___________________

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STANDARD PUBLIC WORKS AGREEMENT NO. 4006

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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 part y. Any party receiving Electronic 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 substantial 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 own ership 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]

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STANDARD PUBLIC WORKS AGREEMENT NO. 4006

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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

________________________
(“CONTRACTOR”)

By:
________________________________

Date: _______

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

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1 EXHIBIT “A”

INSURANCE REQUIREMENTS

On or before beginning 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 with 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 In surance form or other form with a general aggregate 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 lim it. 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 coverage 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

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$1,000,000 as required by the California Labor Code for all persons employed 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.

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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 c ertification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.

The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

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1 (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 Principal 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, terms, 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 fe es, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

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The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the a greement 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 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: ________________________________

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.

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Signature __________________________________ (Seal)

-- AND –

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

APPROVED AS TO FORM:

_________________________
City Attorney

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1 (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, adminis trators, 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 agreed 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

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2 deducted, withheld and paid over to the Employment Development Department from 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 improvement 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.

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3 --OR--

State of California )
)
County of ___________________________ )

I certify under PE NALTY 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

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1 (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 unde r 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 u nto the City of _____________________________, (hereinafter called "City"), in the penal sum of
___________________________________________________________________________ _Dollars, ($__________________) lawful money of the United States, which is 50% of th e amount of the Agreement, for the payment of 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 abi de 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 intent 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.

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2 As a 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 CITY 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 t hereunder 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 sign 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 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

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3 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 P ENALTY 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

--OR--

State of California )
)
County of ___________________________ )

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4 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 e ntity 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

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ENGAGEMENT LETTER
FOR

CONSULTANT SERVICES

PROTECT/SERVICES: Montebello Municipal Golf Course Renovation Project Construction Management & Inspection Services
MASTER RETAINER AGREEMENT NO. 3919
TASK NO. 04

The purpose of this Engagement Letter is for the Ci ty of Montebello (the “City”) to engage AIM Consulting Services (the “Consultant”) to provi de construction management and inspection services pursuant to terms and condition s of the Master Retainer Agreement (Agreement No. 3919) approved by the City Council o n October 13, 2021 and entered into by and between the City of Montebello and Consultan t, 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 here to. The cost for performing the services under this Engagement Letter shall not exceed One M illion Two Hundred Eighty-Three Thousand Five Hundred Forty-Three Dollars ($1,283,5 43), without prior written approval by the City. The charges and hourly rates shall not ex ceed those stated and in effect when the Master Retainer Agreement was approved on October 1 3, 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 Gover nment 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, th e authorized agent of the Consultant agrees to the provisions stated herein. The engage ment of the Consultant for the services stated herein shall occur upon the execution of thi s letter by the Consultant and the Public Works Director pending issuance of a “Notice to Proceed.”

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THE CITY OF MONTEBELLO
(the “City”)

AIM CONSULTING SERVICES
(the “Consultant”)

By: __________________________
René Bobadilla, City Manager

By: ________________________

ATTEST:
__________________________
Christopher Jimenez,
City Clerk

APPROVED AS TO FORM:

_________________________
Arnold M. Alvarez-Glasman,
City Attorney

ATTACHMENTS:

1. Exhibit A – Scope of Services

2. Exhibit B – Fee Schedule

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Exhibit A

Scope of Work

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CITY OF MONTEBELLO ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES | RFP NO. 21 - 32 | PAGE 1CITY OF MONTEBELLO ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES | RFP NO. 21 - 32 | PAGE 1

CITY OF MONTEBELLO

ON-CALL PROGRAM/CONSTRUCTION MANAGEMENT SERVICES

MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION AND RELATED PROJECTS

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AIM Consulting Services

September 28, 2022

Mr. James Enriquez, P.E.

Director of Public Works / City Engineer
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640 - 3932

RE: CITY OF MONTEBELLO ON-CALL PROGRAM/CONSTRUCTION MANAGEMENT SERVICES

MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION AND RELATED PROJECTS

Dear Mr. Enriquez,

The City of Montebello is seeking qualified consultant teams to provide Construction Management services as a member of
Golf Course
Renovation projects. AIM Consulting Services (AIMCS) has assembled an exceptionally qualified team for this contract to manage this and other site related projects in a professional, proficient, and legal manner.

The City of Montebello Needs a partner with:

1. Experience and understanding of the complexities inherent in managing various capital improvement projects and delivery methods, with deep local resources, and with both County and local agency/utility review and approval management experience.

2. Proven ability to manage and coordinate the planning, programming, design, and construction of projects no matter what the delivery model.

3. Construction management expertise to coordinate and manage the execution of various construction types for its capital improvement program.

We formed our team to combine the proven Construction Management capabilities and depth of resources with extraordinary knowledge and value that will ensure the best possible outcome for the City of Montebello
Recognizing that the City desires a multidisciplinary Construction Manager with the ability to mobilize quickly to manage the Golf Course Renovation projects, we propose senior staff member Mike McAlpine to oversee and manage the City of Montebello Golf Course Renovation and related projects. As part of the project delivery team, AIMCS has included in our proposal a comprehensive staffing plan for the management and execution of the work in the field.

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Construction Management Services
coordination of three separate contractors working at the Montebello Golf Course site. AIMCS will coordinate with all contractors, design team, and the City of Montebello to minimize impacts to project milestone dates.

During construction AIMCS will manage cost control, estimating, CPM scheduling, document control, contract administration, claims mitigation, FF&E coordination, ADA Compliance, transition planning, project closeout and warranty administration. All of our key project 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. AIMCS will implement the use of Procore to manage the flow of documents for the overall construction program.

Our experienced Construction management team will work with the City of Montebello to have access to tools and solutions that meet their specific project needs:

Real-time safety, schedule, cost, quality, cash flow, and status Web-based interactive systems that 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

AIMCS Project Approach
Our approach, based on strategies that have repeatedly proven effective in managing public agency capital projects, includes:

Assessing the resource needs of the Project and assigning an experienced Team that understands the goals, objectives, and expectations of the City.

Initiating a process to create the systems, procedures, and controls to provide information in a transparent manner to the City.

Engendering a spirit of teamwork among all the parties involved.

Establishing clear lines of responsibility, authority, and communications.

Deploying proven project, cost, and document management systems.

Evaluating project schedules to deliver the project on time.

Developing a timely, multi-level system for tracking and facilitating issue resolution.

Documenting all activities, processes, and changes.

Using standardized disciplined work practices and verifying compliance.

By mobilizing our CM Team according to the needs of the Project during construction and closeout phase, all CM activities can be performed within the established milestone schedule.

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Preconstruction Conference
AIMCS will conduct a Preconstruction Conference following 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:

1. Construction working hours (work shifts); noise abatement requirements

2. Traffic Realignment Plan (each intersection)

3. Construction vehicle haul routes, delivery hours, and restrictions

4. Master construction schedule

5. Three-week look-ahead schedule

6. Illness & Injury Protection Plan (IIPP) or Site-Specific Safety Plan

7. Storm Water Pollution & Prevention Plan (SWPPP)

8. Subcontractor mobilization notification procedures

9. Pay application procedures

10. Change order request procedures

11. RFI and submittal requirements

12. Materials testing and specialty inspection procedures

13. -

14. Punch list and close-out procedures

15. Substantial completion and Notice of Completion procedures

16. Warranty and commissioning procedures

The AIMCS standard operating procedure is to establish the goal and objectives, operating parameters, guidelines, expectations, and requirements up front in an effort to mitigate problems that might otherwise present themselves over the course of the construction phase of the project.

Management Information Systems
AIMCS will maintain accurate and orderly detailed files, written records, and documents concerning the project during all stages of planning, design, and construction: this includes project correspondence, meeting minutes of job conferences, progress reports, shop drawings, and other submissions; contract documents, such as addenda; change orders; supplemental drawings; and all other project-related documents. All records, documents, and/or information regarding the project will be provided to the City.

One of the keys to a well-managed project is to establish and maintain a project file system at the work site. AIMCS will use Primavera Contract Manager (Procore) software or other client-
specified software or reporting methods to maintain an electronic version of all documents. In addition, hard copies of all original documents will be retained within the document controls system, also known as the Master Files Archives System (MFAS). Distribution of documents will be established by AIMCS, in conjunction with the City, designers, and contractors.

The Master Files Archives System will consist of the following types of documentation which will be maintained at the job site:

All correspondence and contract documents
Building, utility, and easement permits
Change order and claims logs and supporting documentation Construction progress photographs
Contractor submittals
Request for Information (RFI) logs
Daily, weekly, and monthly inspection reports
Independent inspection and testing reports
Non-compliance reports and corrective action responses

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Payment requests and approved payments
Operation & Maintenance (O&M) Manuals
Meeting minutes
Monthly progress reports
Public affairs and media issues
Quality control program compliance and reports
Safety program compliance and reports
CPM schedules and recovery plans
Warranties and guarantees
Contractor samples and mock-ups

Coordinate Submittals
that full compliance with requirements of the project specifications. We will ensure that a Master List of Submittals is
process. The Master List of Submittals will be appropriately coordinated with approved baseline schedule and a List of Contact Deliverables will be developed. Our review will focus first and foremost on elements specified in the project specifications and ensure that the submittals are developed and submitted in the quantities and format specified. Project submittals will include, in accordance with ACI Specification, shop drawings, samples, catalog cuts, product data, calculations, reports, etc. We will maintain an up-to-date Submittal Log and monitor the submittal approval process (by aging days) to ensure timeliness and thoroughness. We will ensure that record files including transmittal correspondence are properly maintained.

Review Traffic Controls - Plans
compliance with all applicable State codes, municipal ordinances, and requirements of the project specifications are met. Our review will focus first and foremost on elements of the traffic plan that pertain to safety of the public and of construction workers during the course of construction. The plan must provide for immediate ingress and egress of safety vehicles, such as ambulances and fire trucks, at all times during construction. To manage safety, the traffic plan must include flag personnel trained in traffic control and the safety of the public, and pedestrians must be considered and provided for. Approaches to the construction site by trucks and heavy equipment must not disrupt the flow of traffic on adjacent public streets. Traffic safety and control meetings.

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

The AIMCS Senior Project/Construction Manager will chair all meetings required to manage the project, including biweekly progress meetings and coordination meetings with the contractors. AIMCS will take detailed minutes at all meetings and prepare and distribute these minutes within four business days of a meeting. Our minutes will include a detailed list of action items resulting from each meeting, listing the date the action item was established, the responsible party, and the target date for resolution.

Copies of minutes will be distributed to all attendees as well as other parties determined by AIMCS and the City.

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

We will maintain an Issues Management log so that all issues that are time-sensitive receive the proper attention by all project participants at the earliest opportunity.

We will establish open communications with project teams through all phases of a

We will maintain an Issue-Action report so that each issue is tracked in coordination with the corresponding action required, and by whom.

We will conduct project review work sessions at frequent intervals to discuss issues and provide supervision and guidance in resolving them.

Schedule
AIMCS recognizes that schedule control is an essential element for the successful execution of any project. As such, we will review current construction schedules with contractors, develop mitigation schedules, and verify compliance with progress scheduling requirements. The master measured and tracked. Actual progress and resource usage will be continuously reviewed, monitored, and recorded against planned logic, sequencing, and quantities installed, to identify deviations from the approved plan so that we can recommend immediate corrective action, as required.

Detailed schedules will be developed by the contractor using software prescribed in the specifications, such as Oracle Primavera Project Planner (P6). The schedule will show the sequence and interdependency of all the project activities, including non-construction activities (e.g., drawing approvals, procurement, etc.) and construction activities. The detailed schedules will be developed and approved in accordance with the project specifications. All activities should be resource-loaded (i.e., quantity of material to be installed, manpower requirements such as crews, major equipment, and crew production rates, etc.). This information will be used to

The AIMCS Team knows the importance that schedule tracking plays on large and small capital improvement programs. We will provide scheduling services to the City using Microsoft Project or P6.

Our experienced staff will implement a proactive process for analyzing the work to be accomplished during construction and post-construction phases. We will develop the plan with input from the City to establish the detailed sequence in which work will be executed. The project schedule establishes a critical path, which defines the longest consecutive sequence of activities totaling up to the overall project duration. In developing the schedule critical path, we will be able to evaluate changes to the work which could potentially extend the total allowable contract period. The AIMCS Team will use Schedule Control in the management of construction duration and cost growth on the project.

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We realize that live integration between estimating and scheduling delivers the true advantages of earned value including: having cost performance and schedule performance in a single unified in time, and having an accepted
standard for monitoring project status and likelihood of success. Our AIMCS Team is expert in developing and tracking Budgeted Cost of Work Scheduled (BCWS), Budgeted Cost of Work Performed (BCWP), Actual Cost of Work Performed (ACWP), and Estimated Cost at Completion (EAC).

Integration between Primavera and the selected cost estimating software allows live two-way updating of budgets and schedules. Our estimating and scheduling staff can make changes in either the schedule or the cost estimate to view impacts before they occur, in turn saving time and money. We offer on-site and off-site services for any sized organization. In addition, we have professionals available on a long- or short-term basis to help on location, as indicated by our accompanying Cost Proposal options. We provide an enterprise view of projects to identify potential problems and opportunities early on, to:

Minimize/eliminate costly delays that can impact your construction schedule Help you communicate more efficiently and effectively with your subcontractors Coordinate procurement sequences to allow timely delivery of key materials Manage the timely performance of construction activities Improve accountability among the City, general contractor, and subcontractors Take advantage of better sub bids from your subcontractors because of their increased efficiencies
Discourage unfounded claims and liquidated damages with precise documentation

Cost Control
The AIMCS Team will prepare cost estimates and negotiate amounts for the work to be performed on a change order basis and submit the information with a recommendation to the City for approval.

AIMCS provides industry-specific estimating software templates to get projects started quickly. We utilize and apply multiple estimating techniques depending on the project, including historical analysis of completed jobs of similar scope and complexity; crew productivity, history, and expertise; and resource availability and assembly basis, which allows our staff to create estimates that match how you manage your projects.

Analysis reporting allows at-a-glance summaries for making cost decisions. AIMCS will analyze available cash flow, corresponding costs, summary information about estimate cost and timelines, and poten
successful experience in projects of similar scope and complexity to create accurate estimates, generate preliminary budgets, and compare subcontractor and vendor change orders with little time and effort.

The AIMCS Team will create cost breakdown structures with unlimited levels of detail to model the job and provide a head start for construction management with estimating software. AIMCS compares quoted values to plug-and-detail values to make informed decisions. Through these efforts, our Team will be able to streamline the process of reviewing quotes, while developing a powerful comparison matrix to negotiate with the contractor while demonstrating due diligence.

Combined with scheduling tools, AIMCS will be able to link estimates, work plans, and schedules -making
process for the City.

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The AIMCS Team will provide cost estimating services for construction, providing detailed and independent cost estimates as required. We have the capability to perform comprehensive cost estimating at any point during the project and at any level of detail required.

We use computer-based systems to develop costs by component (labor-crew based, equipment, and material), and by any level of the project work breakdown structure (WBS) by area, phase, or building component including CSI or Uniformity (elemental), all of which facilitates cost per component for the review process or development of cost modeling. As an extension to cost estimating, we can review project plans and specifications to isolate construction activities or systems that show unexpectedly large costs per square foot, procurement time, or construction time. Alternatives and an estimate of their impacts on project schedule, cost, and quality can then be proposed.

Change Orders
AIMCS utilizes an effective, objective, and equitable approach to managing change orders. This approach has proven to produce beneficial ripple effects far beyond that of any individual change. If the contractor is aware that commercial issues will be addressed promptly and equitably, change order pricing will be more realistic, and managers will be able to continue focusing their attention on the timely progression of the Project.

We will implement an AIMCS- and City-established change order management process to provide the necessary checks and balances to obtain the required approvals prior to proceeding with any changed work. In all instances where changes are to be made, we will evaluate the impacts of the proposed changes so that we may expedite the project and avoid potential contractor claims. To facilitate this, AIMCS will establish a computerized change order control and reporting system in Expedition or another client-approved reporting system. When a potential change order becomes a change order, the modification will be tracked as a Change Order Alert. We will monitor the status of change orders, expediting their process by maintaining a Change Order Status Log to record critical dates and action steps from initiation to resolution of each change order. We will also prepare a monthly Change Order Summary Report and a Memorandum of Delay documenting any delays which may have occurred. Individual change order files will be developed and will carry the change order reference, the date of submittal, the date work started, actual dollar amount, proposed amount (if not settled), dates of settlement, and signing and processing dates.

A separate change order file will be established for each contract, and a complete summary report will be provided for the related total contract costs. To reduce the impact of unanticipated changes or claims during the construction phase, a system will be established to identify a changed condition as early as possible, quickly address alternatives, and rapidly provide direction to the contractor.

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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. If a claim cannot be resolved or mitigated at the project level, we will assess all relevant information and make recommendations at the appropriate level for settlement, negotiation, and/or litigation, if necessary. We will also maintain and update claims status logs as part of our document control system.

AIMCS will quickly and equitably adjudicate claims to reduce settlement costs and impacts on work progress. By maintaining detailed documentation, we will expedite the entitlement and quantum determinations during the claims process, with the aim of defusing disputes through making the entitlement issue(s) clear to all parties involved.

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. Throughout the Project duration, AIMCS will also communicate any business opportunities, as well as job opportunities related to the work being performed. It is our practice to encourage local participation in the project delivery process in order to foster community pride and appreciation. In the spirit of that effort, AIMCS will implement a local participation program whenever the opportunity is open during the construction process to implement such a program.

Permits/Environmental Compliance
Throughout the course of the Project, AIMCS will review and enforce requirements stipulated in permits issued by the involved regulatory agencies. If the contractor is not proceeding with work in an appropriate manner, AIMCS will issue non-compliance letters to track issues and potential deficient work.

Progress Payments
applications, current quantities and estimated quantities to be completed by line item, approved and projected change orders to complete the Project, and the impact of potential claims. AIMCS will use Expedition computer software to track, monitor, and develop cost estimates to complete completion, closely monitoring and evaluating:

Progress and final payment applications
Cost estimates for change orders
Contract conflicts
Projected unit prices, if required
Time and material records

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Monthly Status Reports
AIMCS will maintain a job diary, describing all of the activities that occur daily. This will include the number of workers, identified by trade, employed at the site by each contractor; the number of hours worked; material shortages; labor difficulties; weather conditions; visits by officials; decisions reached; and any other observations pertinent to the work.

In addition to daily field inspection reports, our Field Engineer, will prepare regular weekly and monthly reports to describe the progress and conditions of the Project. These reports will be compiled from project records, daily inspection records, and man-hour reports, reflecting, at a minimum, the following items:

Weekly reports
Description of work performed and major quantities installed Key project developments or milestones completed
Equipment at the site, material deliveries or shortages, and manpower Problem areas and action items
Safety issues
Monthly reports
Construction progress with percent complete compared to plan and progress photos Project status including milestones, schedules, and budget Change order status
Status of RFIs, submittals, and contractor approvals

All daily, weekly, and monthly field reports will be reviewed and signed by our Project Manager to verify timeliness, accuracy, and completeness. This communication tool will keep everyone informed of the Project status.
with the contract documents for each aspect of the project. As AIMCS has done on many of its successfully completed CM assignments, we are prepared to hire an independent testing service, if necessary, to check compliance.

Mike McAlpine, our Senior Project/Construction Manager, may stop any part of the work if the methods or conditions are unsatisfactory, resulting in an unsafe working condition. Work will cease until the unacceptable situation is resolved with the contractor.

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 properly. Work being conducted in an unsafe manner must immediately be halted. Our highest objective on construction sites is always to have every person on the project go home safely each and every night.

The safety program developed by each contractor will be reviewed, revised, and/or adjusted as necessary. Coordination on all of the safety programs for the project will take appropriate action to enforce adherence by each contractor to the programs. Contractor deviance from the safety programs will be reported to the client. Precautions will be taken to minimize the risk of injury to persons and damage to property from the work. Hard hats, safety vests, eye protection, ear protection, respirators, work shoes, emergency telephone numbers, tool box meetings, and OSHA are common topics of discussion on a construction project. AIMCS will pay strict attention to maintaining safe work conditions and security at the project site.

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industry safety practices. To verify
procedures, we will make sure that the contractor submits a project safety program for our review.

Job site inspections and their frequency
Safety program execution responsibility
Job-site first-aid medical treatment responsibility
Public protection devices (e.g., barricades)
Accident procedures
Hospital/ambulance service
First-aid equipment and supplies
Health hazards (e.g., proper ventilation of enclosed areas) Fire protection
Safety education of new employees
Safety meetings
Employee protective devices
Protection of the public

AIMCS will work with the contractors to implement their programs and will conduct periodic safety inspections in accordance with a safety procedures checklist. We will hold monthly (or more reviewing the status of the project safety program.
and requirements.

-
During the course of the Project, AIMCS will work with the contractor to maintain accurate sets of - These drawings will be turned over to the City at the conclusion of the Project. The contractor will certify the dra - -
submission to the City. A marked-up set of field drawings will be consistently updated and kept on file during construction by the AIMCS QA/Construction Manager. This record will be used to verify -
field drawings will be turned over to the City at the close of the Project.

Final Walkthrough
AIMCS will manage all punch list items, and see that they are addressed and signed off by the City. In addition, AIMCS will verify that all required certificates of compliance are in place and that - or record keeping.

A detailed plan and schedule for the substantial and final completion, acceptance, and close- out of the construction contract will be developed, and will contain the following:

Notice of Substantial Completion
Notice of Completion
Letter of Acceptance
Punch Lists
Final Inspection
Final Payment Checklist
Release and Waiver of Lien
Final Progress Payment Report & Retention Release

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AIMCS will develop complete punch lists that will be verified prior to final acceptance of the work.

Punch lists will include all activities that must be completed to comply with the requirements of the construction documents. We will determine substantial completion of each portion of the project and coordinate with the contractor to have necessary repairs completed as quickly as possible. The maintenance of an updated punch list will keep all parties informed of outstanding and completed work.

We will prepare a Final Payment Checklist that will be completed prior to preparing the Final Progress and Payment Report. A Release and Waiver of Lien will then be completed. Completion of this document and subsequent signature by the contractor will be required prior to payment of the contract retention. This will document that there are no liens, claims, and/or stop notices filed outstanding against the City or AIMCS.

inspection.

We will transmit to the City the required guarantee affidavits, releases, bonds, waivers, keys, manuals, record drawings, and maintenance stock. We will certify that all work has been performed and completed in accordance with the approved plans, specifications, and contract documents; and that the final payment estimates to the contractor are correct. AIMCS will initiate a final Progress Payment Report and Retention Release Form. When completed, these will be sent to the City, thereby requesting issuance of the Final Progress Payment and/or Retention Release.

AIMCS will notify the City in writing upon the test and approval of all component systems prior to operation. We will assist in the preparation of a plan and support the City during the startup phase of operations. We will verify that manuals are completed and that the contractor provides training for all project-related systems.

Project Completion Report and Project Closeout
The AIMCS Team will be meticulous when it comes to the execution of the activities leading up to The punch lists for each
site and the management of the activities, tasks, and deliverables associated with each will be part of the Project close-out activities. We will be tenacious when it comes to project close-out, and Notice of Substantial Completions and Notices of Completion will only be issued when the contractor has performed the requisite work in accordance with the approved plans, specifications, and contract documents and the Designer-of- -
drawings, warranties, and O&M manuals will be among the Project Records turned over to the

Inspection Services
the
projects are completed in compliance with the contract plans and specifications, on schedule, and with minimal change orders. AIMCS has provided detailed inspection services for construction activities, performing field measurements, collecting data, and preparing record plans showing all changes from initial project plans. AIMCS inspection will make sure that all services have been performed in accorda
practices, policies, and procedures.

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AIMCS will conduct regular daily inspections to determine whether field work is compliant with construction document requirements. AIMCS inspection staff will makes sure that inspections are carefully documented on a daily basis. For this purpose, our inspectors prepare daily inspection reports. These daily inspection reports, which will be filed within one day following the inspection of any work performed, will accurately document construction progress in accordance with the following:

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 each 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 the City of Montebello to provide design and construction oversight on the golf course projects.

Quality Control/Inspection/Material Testing
In any construction project, the contract documents detail the required scope of work and quality to be achieved by the CM. AIMCS will be responsible for making sure the contractors are using their best efforts to achieve the required end product. To accomplish this objective, AIMCS has many tools available to verify that contractors incorporate the highest quality materials and workmanship into the project as detailed by the contract documents.

The Project Team will develop a comprehensive Quality Management and Inspection Program to encompass all construction activities for the Project. This program will be integrated with the QMP for the Project.

The Quality Management and Inspection Program will be administered by the Project Manager and will cover all aspects of the Project from initial review of specifications and drawings (for constructability); through procurement of materials (including shop inspections for major components and critical items, if required); to an on-site program of tests, inspections, and documentation.

The Quality Management and Inspection Program will be based upon portions of the approved QMP. The program will implement quality control methods to make sure that construction activities are performed in accordance with approved drawings, specifications, applicable codes and standards, and contractual requirements. Responsibilities and authority for administration of the Quality Management and Inspection Program and completion of work, along with the standards of quality to be applied, will be clearly defined. The major elements of the program will include the following:

Procedures to control activities affecting quality, including interfaces among project participants.

Inspection planning to identify applicable attributes, material tests, reporting, and acceptance criteria.

Technical inspection, supervision, and coordination of the work until final completion and acceptance of the work by the City, verifying that the materials furnished and work performed are in accordance with the approved plans, drawings, specifications, and construction documents.

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Prevention of installation of work, or furnishing of materials or equipment, which has not been properly approved or otherwise fai ls to conform to the approved plans, drawings, specifications, and/or construction documents.

Verification that all inspection, quality control tests, or any other tests required by law, rule, or regulation or by the construction documents are performed satisfactorily and on time, including off-site and controlled inspection and soils testing, welding, cement, concrete, masonry, structural or reinforcing steel, or any other material or equipment.

Quality
AIMCS will achieve contractor quality performance through the implementation of a QA/QC by our corporate office. Quality Control in the field will be managed through rigorous field inspections by our inspector(s), expedited reporting of defective items, and implementation of a tracking system to ensure timely resolution of items. Quality Assurance will be managed through routine process audits to verify implementation and execution of best practice inspection methods and processes.

Field Inspection & Testing
The primary purpose of regular inspections is to determine whether field work is compliant with construction document requirements. These inspections need to be carefully documented on a Lead Inspector will prepare daily inspection reports. These daily inspection reports, which will be filed within one day following the inspection of any work performed, will accurately document construction progress in accordance with the following:

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 each pay item (Note: 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

Our inspection effort is straight-forward to enable each project to be completed according to the plans, specifications, contract documents, and applicable codes. Key to this objective will be to make sure that the AIMCS Team of Inspectors becomes well-versed in the project plans and specifications early on, prepares detailed inspection reports to verify that materials and labor are in conformance, and documents work progress. Maintaining an organized, professional, and diligent daily inspection routine, and communicating with the City immediately when issues arise, will also be critical to the success of the Project.

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MATERIAL TESTING (KLEINFELDER)
As requested by AIM Consulting Services, the Kleinfelder team will provide the following 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 services should be considered approximate and subject provide a Project Manager to coordinate and pro vide oversight of our field personnel for our services. Kleinfelder will staff 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 compliance (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, compaction, 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 pavement and periodic batch plant inspection on an as requested basis. Batch tickets will be periodically verified for conformance to the project plans and samples will be obtained at the project site and delivered to our laboratory for testing. Mix temperatures and total quantities will be recorded in the field and documented daily.

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LABOR COMPLIANCE (PACIFIC RESOURCES)
AIMCS will engage an employee to act as an extension of City staff to manage the project to meet requirements per the City, The consultant employee will perform the bid analysis and submit to Metro the Award Package, monthly invoices and other documentation as required per City, LAPM, Metro and grant requirements. In addition, the consultant employee will coordinate with

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:

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. 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. 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 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

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.

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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.

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.

Our in-
working from the
City of Montebello assigned office, AIMCS will work with the City to incorporate project objectives. Attached for your
consideration is the project staffing plan and usage estimate for the duration of the project. If you have any questions regarding any of the information provided, please contact me at your earliest convenience.

Sincerely,

Gabriel Perez
Principal-in-Charge
AIM Consulting Services
[email protected]

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MICHAEL MCALPINE, CCM

PROJECT / CONSTRUCTION MANAGER III
Michael McAlpine is a seasoned, Project Executive with over 30 years winning and managing program and construction management projects. He represents project owners on capital construction projects in the Government, Transportation and Education Market Sectors. He is a successful seller/doer professional. While at STV Inc. for 11 years, in the first two years as Vice President Mr. McAlpine was charged with establishing a new Western United States territory for Program and Construction Management Services from the ground up. Some of the notable projects Mr. McAlpine has won while at STV Inc. are the Program and Construction Management services contract for the $187.8M Anaheim Regional Transportation Intermodal Center (ARTIC) project, the $170M Burbank-Glendale-Pasadena Airport Regional Intermodal Transportation Center (RITC) project, and the $164M Anaheim Convention Center Expansion Project – Betterment VII. In addition to winning new work Mr. McAlpine has successfully managed through pre-construction, procurement and construction phase of the ARTIC and Convention Center Expansion Program at the request of the City of Anaheim. While at AECOM for twelve years prior to working for STV Inc. Mr. McAlpine at his own initiative, beyond his daily Program Director duties, also pre-positioned, pursued, won and managed the Program and Construction services contract for the $152M Pasadena Convention Center Expansion Project, and the Project Management Services contract for the $32M seismic retrofit of the Los Angeles County Department of Public Works (DPW) Headquarters.

PROJECT EXPERIENCE
City of Anaheim Convention Center Expansion, Anaheim, CA As the Project Executive for the $164 million expansion of the Anaheim Convention Center in Anaheim CA, which includes approximately 400,000 sf of space to be used for exhibit halls; ballrooms; flexible meeting space; office and meeting rooms; and an interior bridge/skyway, of which approximately 200,000 sf will be devoted to leasable, eliminate controlled, flexible multipurpose space. The project encompasses all necessary front-of-house, back-of-house, and circulation; outdoor areas to maximize special event activity and existing views; replacement of the existing parking inventory on the project site with 1,400 spaces; loading docks to accommodate needs of the new space; climate controlled connection to existing space; finish quality equal to, or above, that of most recently constructed existing space at the center; and sustainable building features intended to earn LEED
® Silver certification. (1/2014 – 10/2019)
Anaheim Regional Transportation Intermodal Center (ARTIC), Anaheim, CA As the Project Executive for the $190 million design and construction of the multiple award-winning and LEED Platinum certified Anaheim Regional Transportation Intermodal Center (ARTIC) in Anaheim, CA.

Mr. McAlpine oversaw program management consultant services. The new 68,000-sf center functions as a regional intermodal gateway and mixed-use destination, offering convenient travel via train, car, intercity bus, taxi, and local transit to facilitate transportation throughout Orange County and the Southern California region. It also provides easy connections to the nearby Angel Stadium, Honda Center, and Disneyland, and space is reserved to accommodate the State’s future high-speed rail service. Mr.

McAlpine served as an extension of the City to manage the design and environmental compliance contracts, interagency coordination, budget and schedule, document control, property acquisition, contract administration, and agreements. He was also responsible for the bid process and the firm’s construction management services, which posed challenges owing to the need to maintain current rail, station, and facilities operations in the dense urban area. (10/10 - 10/15) PCOC Pasadena Convention Center Expansion, Pasadena, CA As the Project and Construction Manager for a 192,457-sf, $145 million convention center expansion in Pasadena, CA, for the Pasadena Center Operating Company (PCOC). Mr. McAlpine managed all aspects of the project from program and budget development, design phase, and bid and award phase through construction. The project included 60,000 sf of new exhibit halls, flexible meeting rooms, a 25,000-sf ballroom, and administrative offices as well as the renovation of the existing 3,000-seat Pasadena Civic Auditorium, which was originally constructed in 1931. The state-of-the-art new facilities incorporated a number of green design elements, earning the center LEED Silver certification. The site includes automated building control systems; water conserving restrooms; an energy efficient central plant, and high efficiency lighting including LED technology. Mr. McAlpine developed goals to facilitate teamwork and problem solving to complete the project six weeks ahead of schedule and within the established budget. (4/2000-3/2009)

EDUCATION
Bachelor of Arts; California
Polytechnic University, Pomona,
School of Architecture (1987)

CERTIFICATIONS
Certified Construction Manager
(CCM)
CMCI ID: 505,
Construction Management
Association of America (CMAA)
(2003)

MEMBERSHIPS
CMAA
APWA

INDUSTRY SERVICE
Currently Southern California
Chapter Foundation President;
CMAA
Currently Chairmen of the
Advisory Board of the CSUN
School of Construction
Management

YEARS OF EXPERIENCE
30

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City of Los Angeles Convention LACOEX, Los Angeles, CA
Client: City of Los Angeles
As the Project Manager, supervised design review services for the City of Los Angeles Bureau of Engineering for the planned demo lition of the Los Angeles Convention Center’s West Hall and construction of the new 200,000-sf LACOEX hall, which would feature a multilevel glass atrium, a large interior multipurpose space, and meeting rooms. The scope of the estimated $315 million project also included the construction of a new free-standing ballroom building and the expansion of the plaza outside the Convention Center’s main entrance. Acting as the city’s representative, the firm’s responsibilities included evaluating the adequacy of the designs, determining the construction sequence, and confirm ing that the construction documents met all requirements. (10/2012 - 7/2013) [not constructed] DPW Headquarters Seismic Retrofit, Alhambra, CA
Client: County of Los Angeles
As the Project and Construction Manager , supervised the $31 million structural seismic retrofit of the 12-story Los Angeles County Department of Public Works (DPW) headquarters in Alhambra, CA, which houses 1,600 employees. The retrofit was a FEMA pilot project and ca se study for a national initiative to fund cost-effective seismic mitigation projects. The existing building structure, erected in 1971 , employed a special moment resisting frame that lacked cross-bracing. Mr. McAlpine managed the abatement and retrofit of all 984 existing steel frame connections and column splices as well as the replacement of the exterior curtain wall glazing panels. The entire project took place while the building was occupied, allowing DPW initiatives to continue through construction, and be completed ahead of schedule. (4/2002 – 1/2007) CSUN Oviatt Library Earthquake Restoration, Northridge, CA Client: California State University, Northridge (CSUN) As the Project and Construction Manager, managed the $24 million reconstruction of the Oviatt Library at CSUN following a 6.7 ma gnitude earthquake. The library’s 5-story, 192,000-sf core building sustained considerable damage and the seismic joints connecting the east and west wings were compromised beyond repair. Mr. McAlpine oversaw reconstruction of the core building, which included improvements for Americans with Disabilities Act compliance, and supervised reconstruction of the west wing and upper three levels of the east wing without disrupting campus activities. As manager of the FEMA-funded project, he directed and developed the architectural and engineering budget includin g all fees, construction building costs, inspection costs, move-in costs, and planned check fees. Mr. McAlpine also developed the design s chedule f r o m s c h e m a t i c d e s i g n t h r o u g h t h e f i n a l c o n t r a c t documentation and bidding phases, negotiated architectural and engineering fees, established general contract condition, reviewed and evaluated monthly schedules, and conducted weekly construction progress meetings.

His efforts contributed to the efficient and incident-free completion of the project within FEMA’s budgetary standards. (3/1997-4/2002) CSUN Physical Education/Kinesiology Building Earthquake Restoration, Northridge, CA Client: CSUN
As the Construction Mana ger, managed the seismic repair and facility upgra de of the Physical Education/Kinesiology Building at CSUN. The building houses the campus’s main multipurpose gym, men’s and women’s locker and shower rooms, classrooms, and leisure studies offices.

Mr. McAlpine supervised required abatement of environmental hazards and improvements to bring the building into compliance with the Americans with Disabilities Act. He was also responsible for a facility partnering session that outlined objectives and established communications protocols to support a team approach to the restoration. The resulting 105-day construction timetable enabled classroom instruction and sporting activities to proceed on schedule, and the $5.8 million project met FEMA budget requirements. (3/1997-4/2002) CSUN Manzanita Hall, Northridge, CA
Client: CSUN
As the Project and Construction Manager, managed efforts for program development, design, and construction for a new $16.9 mill ion, 98,000- sf arts, media, and communications building at CSUN. Mr. McAlpine managed the design and construction efforts to consolidate the departments of journalism, communication studies, and cinema and television in one building in order to facilitate inter-department exchang e and enable efficient and flexible use of space while accommodating the unique aspects of each department. The new building includes two galleries, a 120- seat screening room, a 120-seat lecture hall, and state-of-the-art film studios. The building’s design addresses the structural and technical demands of the earthquake-prone region. (3/1997-4/2002) CSUN Art and Design Center Expansion, Northridge, CA
Client: CSUN
As the Project and Construction Manager, managed development of a program, from concept through commissioning, for a new $5.6 m illion, 32,000-sf expansion building at CSUN. The building, which houses the Art Department, includes offices, a gallery and art colle ction, studios, computer labs, classrooms, and support spaces. In addition to supervising business development, design, construction, and comm issioning services, Mr. McAlpine was responsible for community relations and meeting with city stakeholders to verify that the design met all applicable requirements and standards. (3/1997-4/2002)

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MICHAEL TORRES

INSPECTOR
/ Control and Inspection. He has served in various industries including power generation, school / hospital construction, transportation and major public works projects. Mr. Torres has provided Design Quality Assurance for major Design-Build Projects. He has worked with Program Management Teams to develop and implement Environmental, Design, and Construction Quality Management Programs. Mr. Torres has been responsible for estimating, budgeting and procuring Testing and Inspection services.

PROJECT EXPERIENCE
April 2019
Present
PMCS Group, Inc. Los Angeles County Metropolitan Transportation Authority Lead Stations Inspector
Project: Westside Purple Line Extension Phase III Advanced Utilities Relocation Project, $40 Million
Visit construction sites and inspect each stage of construction up to completion including mass grading and excavation
Interpret plans, specifications, and codes and verify contract work is performed in accordance with them
Assist in obtaining approved designs and permits from utility companies for services to construction sites
Monitor construction sites for safety violations
Prepare Non-Conformance Reports when work is not performed to the approved standards and verify corrective action.

Maintain daily inspection reports and activity logs
Review or prepare interim progress reports for contractor payments Monitor contractor-testing activities
Prepare reports on labor, material, and equipment on site Determine construction conforms to plans and specifications; issue Non-Conformance Reports as required
Assist in maintaining, supporting, and promoting a safe work environment
procedures
Coordinate preparation of inspection cost estimates and maintenance records
Arrange, coordinate, and oversee technical inspections such as electrical, mechanical, landscaping, soil testing, concrete, and asphalt mixes, and reinforcing steel for conformance to specification requirements
Coordinate Metro Test laboratory activities and compare verifications test results
Provide inspection of all Structural facilities for reinforcing steel, structural concrete and masonry construction

2004
March 2019
Los Angeles Unified School District (LAUSD)
Facilities Deputy Chief Construction / Building Inspector Provide management and supervision of over 200 inspectors and testing personnel in support of the $20 billion Building Program that includes 139 New facilities and several hundred Modernization projects including parks and recreation facilities
Coordinate with California DSA, Design Professionals, and Project Management Teams in the assignment of Construction Inspectors Verify the implementation of code mandated regulations and District Plans and Specifications
Develop and manage inspection and testing budgets
Verify compliance with LADBS B-Permits

EDUCATION
BS, Engineering Technology,
California Polytechnic State
University, San Luis Obispo, 1986

Metallurgy and Nondestructive
Testing, Don Bosco Technical
Institute, 1971

Seismic Steel Design 2-20 Stories
AISC 2002

Seismic Design &
Structural Welding Steel
Structures Technology Center
2002

LICENSES/CERTIFICATIONS
ICC Reinforced Concrete
Special Inspector No. 88

Structural Steel and ICC Welding
Special Inspector No. 85

OSHA Certifications 30 hour and
500

American Society for Quality,
Certified Quality Auditor Cert.

No. 15535

California Division of State
Architect (DSA), Class I
Inspector No. 2287

Office of Statewide Health
Planning and Development
(OSHPD) Class A Inspector No.

A 20122

California Division of State
Architect (DSA), Certified
Access Specialist CASP No. 437

Registered ISO 9000 Lead
Assessor No. 1997

SOFTWARE
Primavera P6,
MTA Customized Expedition &
Inspection software,
MS Office

YEARS OF EXPERIENCE
42

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Provide technical training and guidance to inspection staff Provide Plan Check review of facilities Accessibility design for compliance with California and Federal ADA requirements
Coordinate inspection scheduling with Contractor Management and provide inspection milestones in the support of fast-track projects
Issue safety and violations reports to contractor and ensure corrective measures and actions of violations were instituted
Prepare daily construction reports
Develop database to track non-conformances and inspection requests

Relevant Project:

Pasadena Gold Line Construction Authority lead inspector

1998
2004
Tutor Saliba / Parsons
Construction Quality Program Manager
Managed all construction quality assurance / control activities on the $750 million Mid-Corridor Design / Build Project including grade separators, bridges, and Right of Way improvements Oversaw 82 construction inspectors and testing lab technicians performing inspections of mass concrete foundations, retaining walls, 24,000 cast-in-drilled-hole trench piles and 20 reinforced concrete bridges Managed the inspection of roadway subgrade, utilities protection, drainage structures of ballasted track Provided oversight for the inspection and testing of continuous welded heavy rail for mainline track, storage and bypass tracks
Inspected track switches and signalization inspection and testing activities Managed the environmental quality assurance program for compliance with SCAQMD, and NPDES permits Verified the safe removal and processing of excavated soils and contaminated soils Relevant Project:

Alameda Mid-Corridor (Design / Build)

1991 - 1998
Parsons / Dillingham
Project Inspector
Provided inspection on the $2.4 Billion Metro Rail Construction program Prepared daily reports that included work performed, manpower, labor hours, material, and equipment on-site
Ensured compliance Verified LADBS B-Permits
Performed welding inspection and non-destructive testing of excavation support steel structures Inspected concrete forms and falsework for station walls, bulkheads, floors, and roof structures Verified the installation of reinforcing steel and mass concrete placement including slabs, walls, columns, and roof structures
Inspected masonry wall construction of mechanical equipment rooms and security offices Provided inspection of precast tunnel liner, annular space grouting, HDPE liner installation and testing (vacuum box and spark testing)
Inspected the placement of tunnel reinforcing steel and steel tunnel formwork Inspected Invert concrete placement for tunnels and stations Verified conformance to CBC Access Compliance for ramps, doors, drinking fountains, and lavatories Performed inspection of ducting, smoke, and automated dampers for ventilating systems Inspected intrusion alarms, fire and smoke detection systems and verified the testing in accordance with Los Angeles City Fire Codes
Coordinated testing and inspection of fire protection equipment with LA Fire Inspector Inspected fire protection piping systems, utilities, sidewalk, curbs, and gutters Performed final inspection of architectural finishes, flooring, and cladding

Relevant Projects:

B221 Project Inspector for the Wilshire / Normandie Metro Rail Station and twin 3000-foot tunnels to Wilshire / Vermont and Wilshire / Western Stations: Mass excavation for the cut and cover station structure consisting of a 24-foot diameter subway tunnel with a digger shield TBM configuration B261 Project Inspector for the Sunset / Vermont Station: Inspected the mass excavation for the cut and cover station structure
B201 Tunnel Inspector for the Wilshire / MacArthur Metro Rail tunnels to Wilshire / Vermont Station B740: Project Inspector for MOS-2 system wide mechanical systems and Emergency ventilation systems for tunnels and stations

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C301 Hollywood / Highland Station
C321 Universal City and North Hollywood Stations

Redline Projects:

B221 Project Inspector for the Wilshire / Normandie Metro Rail Station and twin 3000-foot tunnels to Wilshire / Vermont and Wilshire / Western Stations:

Inspection included the mass excavation for the cut and cover station structure consisting of a 24-foot diameter subway tunnel with a digger shield TBM configuration. Relocation, demolition, and utilities protection / support. Inspected excavation support system soldier piles, tiebacks, struts, heavy section deck beams and roadway timber decking. Performed welding inspection and non-destructive testing of excavation support steel structures. Inspected concrete forms and falsework for station walls, bulkheads, floors, and roof structures. Verified the installation of reinforcing steel and mass concrete placement including slabs, walls, columns, and roof structures. Inspected masonry wall construction of mechanical equipment rooms and security offices. Provided inspection of precast tunnel liner, annular space grouting, HDPE liner installation and testing (vacuum box and spark testing). Inspected the placement of tunnel reinforcing steel and steel tunnel formwork. Verified the concrete liner tunnel placement for mix design, slump and consolidation. Inspected Invert concrete placement for tunnels and stations. Provided inspection of Blast relief shafts, crossover structures and emergency exit shafts.

B 261 Project Inspector for the Sunset / Vermont Station:

Inspection included the mass excavation for the cut and cover station structure. Relocation, demolition, and utilities protection / support. Inspected excavation support system soldier piles, tiebacks, struts, heavy section deck beams and roadway timber decking . Performed welding inspection and nondestructive testing of excavation support steel structures. Inspected concrete forms and falsework for station walls, bulkheads, floors, and roof structures. Verified the installation of reinforcing steel and mass concrete placement including slabs, walls, columns, and roof structures. Inspected masonry wall construction of mechanical equipment rooms and security offices. Performed final inspection of architectural finishes, flooring and cladding. Verified conformance to CBC Access Compliance for ramps, doors, drinking fountains, and lavatories. Performed inspection of ducting, smoke, and automated dampers for ventilating systems. Verified the testing of motor control centers for fans and motorized dampers. Inspected intrusion alarms, fire and smoke detection systems and verified the testing in accordance with Los Angeles City Fire Codes. Coordinated testing and inspection of fire protection equipment with LA Fire Inspector and facilities Life / Safety personnel. Inspected fire protection piping systems including deluge, sprinkler, wet and dry stand piping. Verified LADBS B-Permits.

Inspected utilities, sidewalk, curbs, and gutters.

B201 Tunnel Inspector for the Wilshire / MacArthur Metro Rail tunnels to Wilshire / Vermont Station:

Provided neat cement grouting inspection of tunnel liner annular space.

B740 Project Inspector for MOS-2 system wide mechanical systems and Emergency ventilation systems for tunnels and stations:

Inspected the installation of 8-foot diameter radial fans, ductwork, and emergency dampers. Verified the installation of station air handlers, ductwork, smoke, and fire dampers.

C301 Hollywood / Highland, C321 Universal City and North Hollywood station construction projects:
-3 Quality Assurance Engineer providing construction quality oversight and inspection, project scheduling and construction management.

January 1978 May 1986
Bechtel Constructors, Inc.

Senior Construction Inspector
Various Nuclear Power Generating Stations throughout the United States and Overseas Managed inspection of nuclear power generating stations throughout the United States and overseas Performed inspection of welded piping systems, pressure vessels, pumps, and valves Inspected concrete reinforcing steel placements, embeds and equipment anchors. Verified the placement of pre-stressed and post-tensioned concrete structures
Performed hands-on inspection of structural steel buildings including erection, framing, welding, and fireproofing
Performed non-destructive testing of special moment resistant connections utilizing ultrasonic and magnetic particle testing
Performed inspection of structural steel fabrication and erection including high strength bolting and welding. -on non-destructive testing of welded structures and
piping

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CHIZUKA HAGGERTY

DOCUMENT CONTROL
Chizuka has over Twelve years of proven administration experience with a strong customer service focus. She brings in ten years of accounting experience in the construction industry. Assist Project manager with all contract documents related to each project (Pre-construction, progress, and close-out). Responsible for managing administrative support for the Construction Management Team. Duties include implementing and maintaining administrative processes efficiently. Keep accurate degree of proficiency in a variety of software applications including, SureTrak, Microsoft Project, Expedition, Microsoft Office. Extremely detail oriented person with strong analytical and reporting skills. She is highly proficient in multiple computer applications and is willing to take a challenge in order to expand her knowledge and her skills. High degree of proficiency in a variety of software applications including Primavera Project Planner (P6), SureTrak, Microsoft Project, Expedition, Microsoft Office.

PROJECT EXPERIENCE
2021 - Present
Project Coordinator, Montebello Golf Course Capital Project, City of Montebello Assist program manager in developing and updating the master schedule for the Capital Project. Coordinate with various teams (ie design and utility). Analyze and validate level standard codes, layout and reports to ensure data integrity. Validate to ensure conformance with guidelines with contract scope, reads drawings to determine if work is in or out of scope to determine any compensable time extensions. Also, create Meeting Minutes for weekly Design Coordination Meetings.

Track/Follow up/ Coordinate the pending items to ensure all the items mentioned during the meetings get resolved. Process applications with Utility Companies.

Archive documents both hard copy and digital. Review submittals such as Construction Drawings, Estimates, and Specifications, etc and notify PM if something missing or needs corrections.

2012 - 2021
Project Coordinator II, Build LACCD
Construction Project Team (CPT) / Los Angeles
Southwest College & East Los Angeles College
Assisted project coordinator to set up Design/Construction project files, update invoice logs. Assisted project manager to update the Build-LACCD Southwest project website. Assisted project director to create Site Plan Futures Model Report (SPFMR) for monthly reporting of more than 23 design and construction projects.

Update SPFMR and provide status report in weekly staff meeting. Review design drawings and identify areas for surveying of various projects. Assisted project coordinator to closeout construction projects. Assist Project Managers with all financial aspects of projects from beginning to completion. Liaison between Project Managers and Clients, Sub-Consultants, Billing and Accounting Staff. Coordinated the temporary relocation of CPT office, including furniture layout & space planning with the contractor. Participated in procurement job walks for professional services and contractors. Prepared progress documentation with photographs for CPT records and maintained digital file and hard file system. Assisted Project Manager with project scheduling. Conduct weekly meeting, create agenda/minutes, give update/follow up in the meeting. Create exhibit for survey, laydown/access map using adobe software and Sketch-up. Assist in several Office Administrative duties such as covering phones and providing overhead function reports.

2007
2012
Project Coordinator, Hirose Construction Carpentry
Assisted project coordinator to set up Design/Construction project files, update invoice logs. Review design drawings and identify areas for surveying of various projects (Renovation: Drywall, Framing, Painting, Wall covering, Tile, Floor installation.

Cabinetry: Build and install cabinet for commercial and Residential. Overview of Plumbing and electronics). Assisted project coordinator to closeout construction projects. Assist Project Managers with all financial aspects of projects from beginning to completion. Liaison between Project Managers and Clients, Sub-Consultants, Billing and Accounting Staff.

EDUCATION
BS Project Management,
LSU

TECHNICAL
Primavera P6
Gunter
Sketch Up
Microsoft Word
Microsoft Excel
Microsoft PowerPoint
Microsoft Publisher
Adobe InDesign
Adobe Acrobat
Adobe Illustrator
Adobe Photoshop

YEARS OF EXPERIENCE
12

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11421 Lambert Avenue | El Monte, CA 91732
T: (626) 800- 4006 | F: (626) 800- 4140
Email: [email protected]

1 | Page

September 28, 2022

Maria Estrada
AIMCS
12121 Valley Boulevard, Suite 206
El Monte, CA 91732

SUBJECT: PROPOSAL TO PROVIDE PREVAILING WAGE MONITORING SERVICES TO AIMCS

FOR THE MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT Pacific Resources Services, a California public benefit corporation, is pleased to submit our proposal for your review and consideration to provide California and Davis-Bacon prevailing wage monitoring services to AIMCS during the Civil Contract and the Go lf Course contract of the Montebello Municipal Golf Renovation Projects.

We are 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 has a breadth of knowledge and expertise from over 32 years of experience providing labor compliance services to public agencies and the contracting community. The firm offers its clients flexibility, reliability, responsiveness, and proven experience designing and implementing innovative labor compliance programs to meet client needs.

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

Proposer: Pacific Resources Services
The legal form of the 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

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11421 Lambert Avenue | El Monte, CA 91732
T: (626) 800- 4006 | F: (626) 800- 4140
Email: [email protected]

2 | Page

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 a subsidiary of a Union compliance program or construction management firm.

Benjamin Ocasio, the 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 AIMCS. Should you have any questions regarding this proposal and 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

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11421 Lambert Avenue | El Monte, CA 91732
T: (626) 800- 4006 | F: (626) 800- 4140
Email: [email protected]

3 | Page

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.

We have 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 over 32 years of experience providing 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.

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11421 Lambert Avenue | El Monte, CA 91732
T: (626) 800- 4006 | F: (626) 800- 4140
Email: [email protected]

4 | Page

SCOPE OF WORK
Pacific Resour ces Services Corporation will provide labor compliance services to ensure that prevailing wages are paid during the project’s construction and comply with Section 1770, et seq. and the Davis-Bacon and related acts requirements.

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

1. If requested, 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 —Post-Davis- Bacon wage rates at the project location as required under the Davis-Bacon requirements.

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

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

5. If requested, conduct pre-bid orientation conferences to ensure that all bidders are fully educated and informed of relevant labor codes and Davis-Bacon requirements.

6. Attend pre-construction, including providing a checklist of laws and regulations that must be followed to comply with State and Federal regulations and all forms required for labor compliance. Pacific Resources Services attendance can be in-person or via conference.

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 fo r current and active license status and worker’s compensation coverage of all contractors and all listed sub-contractors.

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

10. Monitoring of all weekly certified payroll, including, but not limited to: correct classification of workers, proper wages paid, accurate calculations and payment of fringe benefits and training contributions, review overtime, shift pay, weekend and holiday

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11421 Lambert Avenue | El Monte, CA 91732
T: (626) 800- 4006 | F: (626) 800- 4140
Email: [email protected]

5 | Page

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 using the appropriate project/funding source forms. 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 applicable ratios, correct wages, and training contributions (CAC Forms). Verification that all apprentices also have an active Division of Apprentice Standards and BAT (US Dept. of Labor Bureau of Apprenticeship Training) registration.

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

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

15. Work with all s ubcontractors to obtain an amicable agreement on resolving violations, penalties, and compliance issues. Pacific Resources Services will document and maintain all meetings and calls with contractors.

16. Once work on the project is completed, Pacific Resourc es Services will send a final letter to the co ntractor and any subcontractor who still has outstanding items. Pacific Resources Services provides a 10-day window 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 three (3) years.

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

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11421 Lambert Avenue | El Monte, CA 91732
T: (626) 800- 4006 | F: (626) 800- 4140
Email: [email protected]

6 | Page

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

20. Establish a working relationship with the governing agencies on behalf of the client.

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11421 Lambert Avenue | El Monte, CA 91732
T: (626) 800- 4006 | F: (626) 800- 4140
Email: [email protected]

7 | Page

FEES AND RATES
The following hours and rates are proposed based on additional information received.

All hourly costs are fully burdened. Our client has no additional expenses (such as mileage, communication, etc.).

The standard fee for labor compliance monitoring services for the project is based on different natures and project schedule information.

Based on a a construction schedule of 12 months with two contractors on site, the proposed fee is $22,328.00 (Twenty Two -thousand three-hundred twenty eight dollars)

PACIFIC RESOURCES SERVICES – LABOR RATES 2022
Staff Hours Per
Month
Burdened Hourly
Rate
Monthly Sub-
Total
Total for 12-Month
Period
Principal 10

$147.00

$1,470.00 $17,640.00
Senior
Analyst 0 $124.21 $0 $0
Analyst 0 $101.63 $0 $0
Staff Support 6 $79.00 $474.00 $5,688.00

Total $22,328.00

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11421 Lambert Avenue | El Monte, CA 91732
T: (626) 800- 4006 | F: (626) 800- 4140
Email: [email protected]

8 | Page

STAFF RESUMES

BENJAMIN OCASIO
Project Manager

Mr. Ocasio has more than 30 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 of the client!  Provide technical to contractor and Project Management Staff, including training of City staff as directed.
 Manage reporting to City.

MORITA CAPILI
Staff Support/Labor Compliance Assistant
Ms. Capili serves 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 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:

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11421 Lambert Avenue | El Monte, CA 91732
T: (626) 800- 4006 | F: (626) 800- 4140
Email: [email protected]

9 | Page

 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 /inadequate information on project documents and request revisions and updates to documents.
 Prepare files for closeout and perform quality assurance for completion.

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FEE PROPOSAL
AIM Consulting Services and Consultant Staffing Plan

CONSTRUCTION MANAGEMENT SERVICES MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION AND RELATED PROJECTS

CITY OF MONTEBELLO
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 2022 2023
Project Manager III (AIMCS) $ 184.00 $434,240 120 160 168 160 152 184 160 176 168 160 184 160 168 160 80 184.00$ ###### -$ -$ Hrs. 120.00$ 160.00$ 168.00$ 160.00$ 152.00$ 184.00$ 160.00$ 176.00$ 168.00$ 160.00$ $22,080 $29,440 $30,912 $29,440 $27,968 $33,856 $29,440 $32,384 $30,912 $29,440 $33,856 $29,440 $30,912 $29,440 $14,720 $434,240 Engineer MEP/Civil/Controls I $ 112.00 $273,280 120 160 168 160 152 184 160 176 168 160 184 160 168 160 80 112.00$ 112.00$ 112.00$ ##### -$ -$ Hrs. 120.00$ 160.00$ 168.00$ 160.00$ 152.00$ 184.00$ 160.00$ 176.00$ $13,440 $17,920 $18,816 $17,920 $17,024 $20,608 $17,920 $19,712 $18,816 $17,920 $20,608 $17,920 $18,816 $17,920 $17,920 $273,280 Inspection MEP/Civil - III $ 138.00 $356,544 120 160 168 160 152 184 160 176 168 160 184 160 168 160 80 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ 138.00$ $16,560 $22,080 $23,184 $22,080 $20,976 $25,392 $22,080 $24,288 $26,880 $24,320 $33,856 $25,600 $29,568 $26,880 $12,800 $356,544 Scheduler / Project Controls - III $ 143.00 $16,016 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 $1,144 $1,144 $1,144 $1,144 $1,144 $1,144 $1,144 $1,144 $1,144 $1,144 $1,144 $1,144 $1,144 $1,144 $0 $16,016 Estimator III $ 149.00 $ 48,360
$48,360
$1,128,440
Special Inspection (KLEINFELDER) $81,775
$81,775
Labor Compliance (PACIFIC RESOURCES) $23,328
$1,944 $1,944 $1,944 $1,944 $1,944 $1,944 $1,944 $1,944 $1,944 $1,944 $1,944 $1,944 $0 $0 $0 $23,328 PROCORE PMIS SOFTWARE 2 Year Contract $50,000
$25,000 $25,000 ##### $50,000
$155,103
$1,283,543

PROJECT BUDGET BREAKDOWN - ESTIMATED FEES
CONSTRUCTION MANAGEMENT 771,896.00$
INSPECTION 356,544.00$
SPECIAL INSPECTION 81,775.00$
LABOR COMPLIANCE 23,328.00$
PROJECT MANAGEMENT INFORMATION SYSTEM 50,000.00$
SUBTOTAL - CM (Not to Exceed - Labor) 1,283,543.00$

* Extensions of time due to Contractor Delays / Owner Delays / Inclement Weather, will be compensated through time and material process
** Proeject Management Information System (PROCORE)
*** Work calculated 13 month duration including closeout

POSITION
2022
2023
Direct
Labor

TOTAL HRS
/ AMT
C o n s t r u c t i o n M a n a g e m e n t & Inspection S e r v i c e s

TOTAL - CONSTRUCTION MANANAGEMENT AND INSPETION SERVICES TOTAL
COST
Comprehensive Construction
Management Services & InspectionSUBTOTAL - CONSTRUCTION MANAGEMENT / INSPECTION SERVICES Additional Services
C M T E A M - Staffing Plan
Additional Services SUBTOTAL - SPECIAL INSPECTION SERVICES

NOT TO EXCEED

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12121 VALLEY BOULEVARD, SUITE 206
EL MONTE, CA 91732 | 323.271.4602
WWW.AIMCSWORLD.COM

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Exhibit B

Master Agreement Fee Schedule

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12121 Valley Boulevard, Ste 206 │ El Monte, CA 91732 │ 323.271.4602 │ www.AIMCSworld.com AIM Consulting Services

June 17, 2021

Mr. James Enriquez, P.E.

Director of Public Works / City Engineer
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640 - 3932

RE: CITY OF MONTEBELLO ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO. 21-32 – SCHEDULE OF BILLING RATES

POSITION CLASSIFICATION RATE
Project / Construction Manager -I $ 145.00
Project / Construction Manager -II $ 163.00
Project / Construction Manager - III $ 184.00
Inspection MEP/Civil - I $ 108.00
Inspection MEP/Civil - II $ 125.00
Inspection MEP/Civil - III $ 138.00
Scheduler / Project Controls - I $ 112.00
Scheduler / Project Controls - II $ 133.00
Scheduler / Project Controls - III $ 143.00
Estimator - I $ 107.00
Estimator - II $ 128.00
Estimator - III $ 149.00
Office Engineer - Doc Control -I $ 66.00
Office Engineer - Doc Control - II $ 77.00
Office Engineer - Doc Control - III $ 89.00
Engineer MEP/Civil/Controls - I $ 112.00
Engineer MEP/Civil/Controls - II $ 133.00
Engineer MEP/Civil/Controls - III $ 143.00
Asset/Move Coordinator - I $ 112.00
Asset/Move Coordinator - II $ 122.00
Asset/Move Coordinator - III $ 138.00

Should you have any questions, please feel free to contact me at (323) 271-4602. Thank you for your consideration.

Sincerely,

Gabriel Perez
Principal-in-Charge
AIM Consulting Services
[email protected]

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ITEM # 14

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

James Enriquez, Director of Public Works
SUBJECT: APPROVAL OF CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT WITH DOUG MARTIN CONTRACTING COMPANY, INC. -
ANNUAL SLURRY SEAL PROJECT FISCAL YEAR 2022-23 (C.P.

NO. 892)

DATE: October 12, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1) Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve Change Order No. 1 in the aggregate amount of $300,000, increasing the total contract amount with Doug Martin Contracting Company, Inc. to $699,920; and

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

FISCAL IMPACT:

The adopted Fiscal Year 2022-23 Capital Improvement Project (CIP) Budget currently includes a total of $810,000 in appropriations for this project, with the following amounts in the following funds: 1) $300,000 carryover of Gas Tax from FY 2021-22; 2) $100,000 carryover of Measure M from FY 2021-22; 3) $250,000 Measure M (new appropriations) from FY 2022-23; and 4) $160,000 Measure R (new appropriations) from FY 2022-23.

The total project cost is estimated at $759,908, including the recommended change orders and contingency, and is fully funded at this time. No additional appropriations are

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recommended.

BACKGROUND:

On August 10, 2022, the City Council awarded a construction contract to the lowest responsive and responsible bidder, Doug Martin Contracting Company, Inc., in an amount not-to-exceed $399,920 for Slurry Seal on various streets.

The project consists of applying asphalt emulsion slurry seal type II on various streets, a pavement treatment to prolong the life of the asphalt. The project also includes crack sealing, repairing damaged areas of pavement by removing and grinding 2” AC pavement, restoration of traffic striping markings, pavement markings, and curb painting.

City staff and the contractor walked the streets during the preconstruction meeting. The existing pavement condition of two streets, N. Iguala Street from Yorktown Avenue to W.

Liberty Avenue and Poplar Avenue from W. Los Amigos Avenue to the end of the street, was determined to be beyond the damage that is suitable for slurry sealing. The grind and overlay will ensure a substantially longer service life for the pavement for these two streets as compared to slurry sealing and the existing structural section of the streets is conducive for a grind and overlay rehabilitation.

Staff negotiated a reasonable cost with the contractor for a 2” grind and overlay in-lieu of the specified slurry sealing. The cost is approximately $4.00 per square foot, a cost that is in order with bids recently received for similar work.

ENVIRONMENTAL IMPACT:

On June 22, 2022, the City Council found the project categorically exempt under Class 1(c) for existing facilities pursuant to the State Guidelines for Implementation of the California Environmental Quality Act (CEQA) and approved the filling of the Notice of Exemption.

ANALYSIS:

N/A

DISCUSSION:

N/A

SUMMARY:

The City Council will consider approving a change order, in the amount not-to-exceed $300,000 to the construction contract with Doug Martin, Inc. for C.P. No. 892 – Annual Slurry Seal Project FY 2022-23. Upon the approval by the City Council of the recommended actions, staff will direct the contractor to proceed with the proposed additional work. Sufficient funding exists for this project in the FY 2022-23 budget, hence

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no budget adjustment is needed.

ATTACHMENT(S)

1. Attachment A - Changes in Work Summary

NEXT STEPS:

N/A

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ATTACHMENT A

CHANGES IN WORK SUMMARY
OCTOBER 12, 2022

ANNUAL SLURRY SEAL PROJECT FY 2022-23

CP NO. 892

Project Description:

The project consists of asphalt resurfacing by the application of asphalt emulsion slurry seal type II on various streets. A maintenance treatment that prolongs the life of the asphalt. Also, the project includes repairing localized damaged areas of the street by removing and grinding 2” Asphalt pavement, restoration of traffic striping markings, pavement markings, and curb painting.

Changes in work:

(1) 2” Grind and Overlay in lieu of slurry sealing – N. Iguala Street from Yorktown Ave to W. Liberty Ave.
(2) 2” Grind and Overlay in lieu of slurry sealing – Poplar Avenue from W. Los Amigos to End of street

Description of Changes:

Two streets were designated for slurry seal, however after City staff and the contractor walked the two streets, N. Iguala Street from Yorktown Avenue to W. Liberty Avenue, and Poplar Avenue from W. Los Amigos Avenue to the end of the street, the existing condition of the pavement was determined to be beyond the damage that is suitable for slurry sealing. Staff negotiated a reasonable cost with the contractor for a 2” grind and overlay. The cost is approximately $4.00 per SF, a cost that is in order with bids recently received for similar work. The grind and overlay will ensure a longer service life for the pavement for these two streets as compared to slurry sealing.

Revised Contract Amount:

Original contract amount $399,920

Changes in work to be authorized $300,000

Revised contract amount $699,920

Percent total change to original contract amount 75%

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ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

James Enriquez, Director of Public Works
SUBJECT: AMEND THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT

PROGRAM BUDGET BY INCREASING APPROPRIATIONS IN

VARIOUS ACCOUNTS

DATE: October 12, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1) Amend the adopted Fiscal Year 2022-23 Capital Improvement Program (CIP) budget by increasing appropriations in the various accounts as detailed in Attachment A; and

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

FISCAL IMPACT:

The City Council annually adopts an operating and capital budget, providing appropriations for day to day operations as well as larger, multi-year projects such as street paving and rehabilitation, concrete repair, intersection improvements, and other related projects. Over the past three years, Staff has improved the manner in which the City's Capital Improvement Program (CIP) budget is managed. Each year, estimated budgets are presented for the various CIP projects, many of which are either multi-year or span across fiscal years. Depending on the scope, nature and type of the individual CIP project, not all appropriations are spent or encumbered in one fiscal year -- as opposed to operating expenses which are spent in a single fiscal year.

Previously, Staff would struggle with having accurate CIP budgets due to the lack of a

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comprehensive, year-end "carryover" process. That is, prior to Fiscal Year 2022-23, there was not a mechanism whereby committed, but not yet encumbered or expended, appropriations would be re-budgeted in a subsequent fiscal year -- being made available for continuation of the project. This carryover process is a standard operation in other municipalities, and naturally occurs after the close of the prior fiscal year. Essentially, each project's budget from the prior year (FY 2021-22) along with expenditures and encumbrances through June 30 are analyzed to determine if the remaining un-committed budget amount is still needed or is sufficient in the subsequent fiscal year (FY 2022- 23). This carryover process ensures an adequate budget is available in the current fiscal year (FY 2022-23) to complete the specific project. In addition, the carryover process ensures "double-budgeting" does not occur, which has happened in prior budgets, due to the fact that a carryover process did not exist and staff did not have a clear picture of what previously budgeted funds needed to be re-appropriated. The carryover of un- committed funds also assists with more accurately gauging available fund balance in a given CIP fund, allowing Public Works to program fund balance for new or existing projects.

Finance and Public Works staff have worked together to develop a carryover list for FY 2022-23 (Attachment A). Each of the projects listed will continue into FY 2022-23, some have already begun and others may begin in the current fiscal year. Regardless of their current status, Public Works staff has determined that the "Budget Need to Amend" amount listed on Attachment A is needed in order to continue progress on each project listed.

The proposed CIP carryovers (Attachment A) utilizes available and existing funding from Gas Tax, Local Return Funds (i.e., Proposition C, Measure R, etc.), Measure W (Los Angeles County stormwater ), Road Maintenance and Rehabilitation Account (RMRA/SB1), and Federal and State grants (i.e., SSARP, HSIPL, etc.). Appropriation of these funds will allow previously approved CIP projects to have remaining project funds re-appropriated and available in FY 2022-23 (i.e., carryover amounts). The “Budget Need to Amend” column on Attachment A represents the appropriations needed for each project. In total, across the various funding sources, the budget increase will be $26,645,218, spread over twenty (20) different projects.

BACKGROUND:

A part of the annual budget development process is City Council adoption of an annual CIP budget encompassing projects across all departments and functional areas. On June 8, 2022, City Council adopted the operating and CIP budgets for FY 2022- 23. By design, anticipating a thorough carryover process after year-end, the adopted CIP budget only included funding for new projects in FY 2022-23 (i.e., those projects not appropriated in previous budgets) or additional funding for existing projects where the amount was known in June, 2022. The FY 2022-23 CIP budget did not include appropriation of uncommitted funds. The projects and funding sources summarized in Attachment A represent those projects requiring a budget amendment as part of the carryover process.

Public Works and Finance continue to work together to improve the budget process for

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CIPs, ensuring committed -- but not spent or encumbered -- project budgets are carried over as part of the year-end close process to avoid any lapsing in funds. The carryover amounts are an imperative part of the committed project budgets and assist with accurately determining the fund balance of each funding source. The recommended action will “clean-up” those projects that were not properly carried over previously, as well as ensure the appropriations are accurately budgeted for future CIP projects, and will help avoid requesting unprogrammed funds to be utilized for existing project expenses.

ENVIRONMENTAL IMPACT:

There is no environmental impact.

ANALYSIS:

N/A

DISCUSSION:

N/A

SUMMARY:

Staff recommends that the City Council approve the amendment of the adopted Fiscal Year 2022-23 Capital Improvement Program (CIP) budget by increasing appropriations in the various accounts as listed in Attachment A, for a total of $26,645,218.

ATTACHMENT(S)

1. Attachment A - CIP Carryover, FY 21_22 - FY 22_23

NEXT STEPS:

N/A

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ATTACHMENT A
CP# PROJECT # PROJECT NAME GL ACCOUNT # FUNDING SOURCES CIP BUDGET AS OF

8.18.222
Current Fiscal Year
Budget BUDGET NEED TO
AMMEND
100.102.10 Self Evaluation Report and ADA Transition Plan 215-99-7116 PROP C 87,655.00 8,920.00 87,655.81 100.171.10 Systemic Safety Analysis Report Program, Measure R 220-99-7116 MEASURE R 224.00 - 14,895.06 100.171.20 Systemic Safety Analysis Report Program, DOT 265-3002-2018-102-6040.10 SSARP - - 134,055.46 CP 890 100.191.10 Garfield Ave at Via Campo Ave. Bus Turnout 210-99-7116 PROP A 527,527.00 769,397.00 519,474.00 100.280.10 Administrative Overhead, Prop C 215-PAYROLL PROP C 300,000.00 193,500.00 106,500.00 100.280.20 Administrative Overhead, Measure R 220-PAYROLL MEASURE R 350,000.00 185,500.00 164,500.00 100.280.30 Administrative Overhead, Prop A 210-99-PAYROLL PROP A 350,000.00 100,000.00 250,000.00 100.399.25 Taylor Ranch Bond Proceeds related projects, Taylor Ranch Park Inmprovements 100-99-929-7115 Taylor Ranch Bond - 279,101.38 100.400.10 Administrative cost, Measure M 222-PAYROLL MEASURE M 100,000.00 81,100.00 18,900.00 CP 851 100.402.10 HSIP 3 Intersections Safety Improvements., HSIP 265-3015-2016-079-7116 HSIP 855,621.00 - 855,621.00 CP 851 100.402.20 HSIP 3 Intersections Safety Improvements., Prop C 215-99-7116 PROP C 609,273.00 200,000.00 409,273.00 CP 851 100.402.40 Various Intersection Improvements (HSIP Cycle7) PC851 220-99-7116 MEASURE R 85,000.00 - 85,000.00 CP 851 100.402.50 Various Intersection Improvements (HSIP Cycle7) PC851 200-99-6040.10 GAS TAX 294,486.00 - 294,485.50 CP 882/883 100.407.10 BEACH ST (VAIL TO 3RD STREET), RMRA 201-99-7116 RMRA 650,000.00 287,026.00 362,974.00 100.433.10 Montebello Paving the Way, Measure R 220-99-7117 Measure R (Bond) - 1,626,804.74 100.433.20 Montebello Paving the Way, Measure M 222-99-7117 MEASURE M (Bond) 812,030.00 2,134,458.60 100.433.30 Montebello Paving the Wayy, Prop C 215-99-7117 PROP C (Bond) 5,980.00 10,974,746.09 100.434.10 ABM Facility Upgrades, General 100-99-932-6040.10 GENERAL ABM - 374,594.13 100.435.10 Transit Yard Relocation (Capital Reserve) 210-99-7116 PROP A 700,000.00 - 700,000.00 CP 891 100.436.10 Annual Sidewalk Improvement Program FY21-22 200-99-7116 GAS TAX 700,000.00 595,000.00 105,000.00 CP 891 100.436.20 Annual Sidewalk Improvement Program FY21-22 220-99-7116 Measure R 503,453.00 310,000.00 193,453.00 CP 891 100.436.30 Annual Sidewalk Improvement Program FY21-22 223-99-7116 TDA ARTICLE 3 46,547.00 - 46,547.00 CP 891 100.436.40 Annual Sidewalk Improvement Program FY21-22 201-99-6040.95 RMRA 500,000.00 - 500,000.00 CP 892 100.437.20 Slurry Seal Project FY21-22 222-99-7116 Measure M 350,000.00 300,000.00 50,000.00 CP 892 100.437.30 Slurry Seal Project FY21-22 220-99-7116 MEASURE R 160,000.00 160,000.00 CP 877 100.877.10 Citywide Catch Basin Connector Pipe Screen 229-99-6040.10 Measure W 20,000.00 - 32,179.00 CP 881 100.881.10 Various Street Improvement Project 200-99-7116 GAS TAX - 35,745.00 15,000.00 CP 897 100.897.10 Hyrap Streets Project, RMRA 201-99-7116 RMRA 2,000,000.00 1,500,000.00 500,000.00 CP 897 100.897.30 Hyrap Streets Project, Measure M 222-99-7116 MEASURE M 600,000.00 - 600,000.00 CP 902 100.902.10 Traffic Signal Maintenance 215-99-7116 PROP C 200,000.00 - 200,000.00 CP 903 100.903.20 Lincoln Ave. (Montebello Blvd. to 18th St.) Traffic Calming 220-99-7116 MEASURE R 500,000.00 - 500,000.00 CP 903 100.903.30 Lincoln Ave. (Montebello Blvd. to 18th St.) Traffic Calming 223-99-7116 TDA ARTICLE 3 50,000.00 - 50,000.00 CP 905 100.905.10 Olympic Blvd. Complete Street Feasibility Study 201-99-7116 RMRA 300,000.00 - 300,000.00 NO PROJECT PROP A CAPITAL RESERVE (GREEN LINE STATION ENHANCEMENT) PROP A 4,000,000.00 - 4,000,000.00 TOTAL 20,075,986.00 11,567,915.00 26,645,217.77

CITY OF MONTEBELLO

CAPITAL PROJECTS EXPENDITURES BUDGET BY FUNDING SOURCE, CARRYOVER LIST FISCAL YEAR 2022-2023

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ITEM # 16

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Arnold Glasman, City Attorney
SUBJECT: ADOPT RESOLUTION NO. 22-84 APPROVING PLANS AND

SPECIFICATIONS FOR THE MONTEBELLO DRIVING RANGE
PROJECT – TOPGOLF MONTEBELLO; APPROVING A CONTRACT

WITH MCCARTHY BUILDING COMPANIES FOR CONSTRUCTION

AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
MONTEBELLO DRIVING RANGE PROJECT – TOPGOLF

MONTEBELLO, AND MAKING CERTAIN FINDINGS IN CONNECTION

THEREWITH

DATE: October 12, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1) Approve final plans and specifications for the Montebello Driving Range Project – Topgolf Montebello (“Project”) prepared by Aria Group Architects, Inc.; and

2) Approve the waiver of competitive bidding and find that McCarthy Building Companies is the only available and qualified contractor to provide the professional and construction services required to develop the Project; and

3) Approve and award a Guaranteed Maximum Price (GMP) Construction Contract to McCarthy Building Companies for construction and construction management services for the Project; and

4) Approve a Notice of Exemption for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar-Recorder, and

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5) Authorize the City Manager to make necessary non-monetary changes to the Construction Contract within the Guaranteed Maximum Price (not-to-exceed the net proceeds of the bonds) before execution; and

6) Authorize the City Manager to execute the Construction Contract in a form approved by the City Attorney;

7) Take any other additional actions necessary.

FISCAL IMPACT:

During its meeting on September 28, 2022, the City Council and Montebello Public Financing Authority held a public hearing and approved issuance and delivery of the Series 2022B Lease Revenue Bonds (“2022B Bonds”). The proceeds of the 2022B Bonds will be used to finance construction of the Montebello Driving Range Project – which will be known as Topgolf Montebello. The Project will be operated by a local subsidiary of Topgolf under a long-term lease agreement with the City that was also approved by the City Council on September 28, 2022. Topgolf will pay for all project costs, including the 2022B Bonds (i.e., improvement rent), plus the fair market value of the project space, through rent payments (i.e., base rent) to the City.

Once bonds are issued, proceeds will be used to reimburse all related design and construction costs for this project. Staff will return at a future City Council meeting to appropriate necessary funds in a Driving Range Project/Topgolf Montebello capital fund. No budget amendment is necessary at this time.

BACKGROUND:

Extensive detail and background on the City’s efforts to address long-standing operating deficits and capital improvement needs of the Golf Course was provided in the staff report for the 2022B Bonds on September 28, 2022; and there is no need to reiterate the full history. The City’s efforts in this regard culminated on September 28, 2022, with the City Council and Public Financing Authority approving issuance of the 2022B Bonds to finance the Project, as well as a lease agreement with Topgolf to operate the Project.

ENVIRONMENTAL IMPACT:

The reasonably foreseeable environmental impacts of the Project have been analyzed pursuant to the requirements of the California Environmental Quality Act (“CEQA”) by way of that certain “Initial Study and Mitigated Negative Declaration for the Montebello Golf Couse Driving Range Relocation Project,” dated December 12, 2019 (the “MND”).

The MND concluded that, with mitigation, the Project would not result in any significant negative impacts to the environment, and the MND was approved by way of City of Montebello Planning Commission Resolution No. 6-22 in the manner required by CEQA, and a notice of determination was timely posted and published in the manner required by law. This action does not result in any new environmental impacts not previously

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studied and analyzed and is action to implement the project so studied.

ANALYSIS:

The total design and construction budget for the Project is not-to-exceed $48 million, with the final budget for the Project being equal to the net proceeds of the 2022B Bonds.

Topgolf Montebello will be a 66,000 square foot Topgolf-branded commercial driving range and entertainment venue which is expected to include a full- service restaurant, event space, and other associated amenities. The Project will include, among other things: a three (3)-story driving range complex/structure with approximately 102 hitting bays; restaurant and entertainment amenities; outdoor seating/patio areas; a parking lot; a miniature golf course; and common facilities, including a driveway that provides access from Via San Clemente, on approximately 15 acres.

Groundbreaking for the Project is scheduled for early November 2022, and the current construction schedule for the Project is as follows:

Activity Milestone
Date
Groundbreaking 11/7/2022
City Utility Extension Completion 12/23/2022
City Common Drive Completion 8/25/2023
Substantial Completion 11/20/2023
Grand Opening 12/29/2023

The goal is for this Project to open approximately at the same time as the Golf Course Renovation Project, funding for which was approved at the September 14, 2022 City Council meeting.

The design and specifications for the Project have been prepared in close collaboration with Topgolf and meet the approval of the City Engineer.

Design Criteria
The new building is designed as a state-of-the-art golf, entertainment, and social gathering place that combines an exciting gaming experience with an upscale dining atmosphere. Topgolf provides a positive atmosphere where both family and friends can relax in an environment that is redefining sports and elevating entertainment.

The new building is a three-story, 66,000 square foot facility with 102 hitting bays and various retail, dining/bar, event/meeting spaces as well as kitchen and other operational and office spaces. The building's overall aesthetic is modern with intersecting planes of

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building elements and welcomes guests with a carved-out entry volume. This entry is also the bold color against a simplistic color palette so patrons can easily find their way inside.

Building Envelope and Material Selection
The building will consist of a structural steel frame, concrete floor slabs, and metal stud wall framing with various exterior wall finishes. The exterior palate is composed of a metal composite material panel (MCM), exterior insulation finish system (EIFS), and Knotwood aluminum cladding. Within the field of EIFS, a contrasting horizontal EIFS strip is used as well as an argyle pattern to create additional interest within the overall building design.

The first 14 vertical feet of the side of the building is clad with vertical aluminum cladding (Knotwood) to create a pedestrian scale for the three-story structure. Large spans of tinted glass express the building's function and allow views throughout the facility.

The outdoor patio provides patrons with a variety of seating along with additional landscape. The patio design includes a vast planting area to create a parklike setting against the building edge to soften the architecture as well as to help buffer sound with larger trees.

Each of the 102 temperature-controlled hitting bays includes two flat-screen TVs, a digital gaming panel, a dining table with chairs/sofas, golf clubs and a golf bag holder, a hitting mat, and a golf ball dispenser. Due to the nature of the golfing concept, one side of the facility is open-faced, allowing guests to hit golf balls into the outdoor outfield. Due to the open face of the facility and the elevated hitting areas, the building design includes safety netting meeting the standard for elevated helicopter platforms as determined by the United States Department of Transportation (USDOT) and the Federal Aviation Administration (FAA).

The roofing system is a white single-ply membrane specified to meet the Heat Island Reduction requirements. The roof and wall insulation specified exceeds the baseline/minimum code requirements. Exterior glazing efficiency and daylighting is optimized by selecting glass and frame assemblies to provide enhanced thermal and solar control. This provides an overall low U-value, solar heat gain (SHGC), and high visible light transmittance (VLT). Exterior glazing systems specified have thermally broken frame assemblies with insulated, low-E coating and tinted glass. Glazing located under the 20-foot plus Hitting Bay overhang is insulated, low-E coated clear glass.

Exterior windows located in the Hitting Bay exterior walls (exterior exposed on both sides) have tinted glass.

Design Attributes
The building incorporates many features to support sustainability goals. Materials such as (but limited to):

 High reflectance white roofing membrane to reduce solar heat gain.  Insulated, Low-E, and tinted glass to reduce energy use.  No VOC (Volatile Organic Compounds) paints to improve air quality.

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 Tile – Restroom Floors - 20% Pre-consumer recycled content  ile – Restroom Walls – 35% Pre-consumer recycled content  Tile – Main Bar die wall – 35.5% Pre-consumer recycled content  Carpet – All Locations – 72% recycled content
 Ceiling Tile – Offices – 35% recycled content
 Ceiling Tile – Kitchen – 23% recycled content
 Woodwork/Trim – American Walnut – Reclaimed lumber 100% recycled  Vinyl Tile Back-of-House – 18% Pre-consumer recycled content  Plastic Laminate – Office Counters – 30% Post-consumer recycled content

Proposed Contractor – McCarthy Building Companies
Because the Driving Range Project will be initially operated by Topgolf, it will be designed and operated as a prototypical Topgolf venue and must meet its proprietary standards and specifications.

As clear from its description above, the Project is complex and multi-faceted from a construction standpoint, as it implicates a variety of design and construction-related disciplines. There are also very few competitors in this market sector, meaning few design professionals or general contractors have experience developing like-facilities. As an example, there are currently more than seventy (70) Topgolf venues operating in the United States, and more than sixty-five (65) of them were designed and constructed by ARCO/Murray Design Build (“ARCO / Murray”). Based on representations provided by Topgolf, the facilities designed or developed by other contractors all experienced cost overruns, scheduling delays, or quality control issues resulting from the lack of experience on similar projects.

Given the significance of the Project to the success of the Golf Course Rehabilitation Project, the City’s two hotels, and the Project’s unique design / construction challenges, staff recommends the City Council waive competitive bidding and award the contract to a qualified contractor with demonstrated success on similar projects. As explained in the attached legal opinion, this Project presents one of the unique circumstances in which competitive bidding would not work to advance the public interest, and the quality and nature of services required more closely resemble professional services than typical construction work. (Attachment C).

The City Council made a similar determination when it adopted Resolution No. 21-94 on November 10, 2021, finding that, based on its significant experience designing and developing nearly all Topgolf venues in the domestic Unites States, awarding a contract to ARCO / Murray was appropriate. Since that time, however, ARCO / Murray has advised the City that it is not available to proceed with constructing the Project. With Topgolf’s consent, ARCO / Murray proposed to assign the completed plans and specifications to McCarthy Building Companies of Newport Beach, which would proceed with providing construction and construction management services for the Project.

McCarthy Building Companies was established in 1864 and is one of the largest and most active contractors in the United States with 17 regional offices, and with clear

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demonstrated professional and financial capacity to complete the project. After ARCO / Murray, McCarthy is also the next most experienced contractor in the United States on Topgolf venues, and in recent months completed construction of Topgolf’s new location in the City of El Segundo. This project was completed on-time, within budget, and shares many similarities with Montebello’s Driving Range Project including market region, size, building type, and close proximity to an operating golf course.

Based on these facts and circumstances, staff believes that awarding a contract to McCarthy for development of the Project is consistent with applicable law and in the best interests of the City. A resolution setting forth the applicable facts and circumstances of the award, and approving the proposed Construction Contract with McCarthy, is attached for the City Council’s consideration.

Next Steps
If the City Council approves the recommended action, staff would proceed with finalizing the transaction documents and proceeding with overseeing the financing and construction of the Project as approved.

DISCUSSION:

N/A

SUMMARY:

Upon approval of the recommendation action, staff will proceed with finalizing the Construction Contract with McCarthy Building Companies, and following execution of the Construction Contract, coordinate the initiation and progress of the Project moving forward.

ATTACHMENT(S)

1. Attachment A - Construction Contract

2. Attachment B – Proposed Resolution No. 22-84

3. Attachment C - Justification for Competitive Bidding Waiver

NEXT STEPS:

N/A

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Attachment A
Construction Contract [to follow under separate cover]

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RESOLUTION NO. 22-84

A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF

MONTEBELLO, CALIFORNIA, AUTHORIZING SOLE SOURCE

PROCUREMENT FOR THE AWARD OF CONSTRUCTON CONTRACTS

FOR THE PROPOSED MONTEBELLO GOLF COURSE DRIVING

RANGE PROJECT, AND MAKING CERTAIN FINDINGS AND

DETERMINATIONS IN CONNECTION THEREWITH
WHEREAS, the City of Montebello (“City”) is the owner in fee simple of that certain parcel of real property comprised of approximately 118 acres and located at 988 Via San Clemente, City of Montebello, California (the “Golf Course”); WHEREAS, the Golf Course was acquired by the City for “public golf course purposes” by way of a quitclaim deed dated November 12, 1941, as further evidenced by Resolution No. 1026 of the City Council adopted on December 1, 1941, accepting the quitclaim deed for such public purposes, and the Golf Course has since proudly served patrons for decades and remains an important amenity for residents and visitors; WHEREAS, the Golf Course presently offers an 18-hole public championship course, driving range, and related golf amenities that were last remolded in 1999 and that, due to the passage of time, are now in need of significant upgrades and modernization; WHEREAS, by way of that certain “Initial Study and Mitigated Negative Declaration for the Montebello Golf Couse Driving Range Relocation Project,” dated December 12, 2019 (the “MND”), the City has analyzed the feasibility and potential environmental impacts of implementing a driving range modernization and relocation project (the “Project”) on a portion of the Golf Course anticipated to be incorporated into a redesign and rehabilitation of the remainder of the Golf Course; WHEREAS, the City has approved finding to finance the Project in the form lease revenue bonds (“Bonds”) issued by the Montebello Public Financing Authority (“Authority”), and because the City lacks the specialized knowledge and experience needed to design and operate the Project, the City has approved a lease agreement with Topgolf USA, MB (“Lessee”) for Lessee’s provision of proprietary design expertise and support in connection with the City’s design and construction of the Project, and following construction for Lessee’s operation of the Project for the lease term, and rent payments paid by Lessee being used to pay all costs of the Project and bonds; WHEREAS, in anticipation of contracting for the professional and construction services necessary to develop the Project, the City has reviewed the laws and regulations governing the solicitation, procurement and contracting of such services for purposes of identifying the mechanism that best serves to advance the City’s goals and public interest; WHEREAS, the legislative purpose of the Public Contract Code’s competitive

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bidding requirements is to guard against favoritism, improvidence, extravagance, fraud and corruption in the awarding of public contracts, and ultimately to deliver a quality project to the public for a reasonable price, but California law recognizes exceptions and limitations to bidding requirements in circumstances where bidding would work an incongruity and not impact the final result, would not produce and advantage, or where it is practically impossible to obtain the goods, services, or product requested by the agency from another source (see, e.g. Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631);
WHEREAS, the Project will be complex and multi-faceted from a construction standpoint, as the proposed facility is unique and implicates a variety of proprietary design and construction-related disciplines, and there are few competitors that operate similar driving range entertainment facilities which means that few design and construction professionals that have actual experience in the design and development of venues similar to the proposed Project;
WHEREAS, based on these factors, and after consideration of the staff report, legal opinions, presentations, public comments, and other evidence submitted in connection with this matter, the City Council finds it appropriate to adopt this Resolution setting forth the facts and findings justifying the waiving of competitive bidding and the awarding of a contract for the design and construction of the Project.

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF MONTEBELLO HEREBY FIND, DECLARE AND RESOLVE AS FOLLOWS:

SECTION 1.Based upon the staff report, legal opinions, presentations, public comments, and other substantial evidence submitted in connection with this matter, the City Council finds and declares that the foregoing recitals are true and correct and incorporated into this Resolution as a material part hereof; and based upon such matters, the City Council makes the additional factual findings and declarations set forth below.

SECTION 2.In consideration of the facts and circumstances set forth in this Resolution and the substantial evidence referenced above, the City Council hereby finds and declares that the solicitation for competitive bids or proposals for the work of constructing and providing professional management and design services relating to the Project would be undesirable, impractical, or impossible, and would be contrary to the legislative objectives for requiring competitive bidding because it would not impact the final result under the circumstances presented, would not produce any advantage to the public or the only qualified contractor, and it is practically impossible for the City to obtain the necessary services of comparable quality from an alternative source.

SECTION 3.The City Council approves the plans and specifications for the Project as are on file in the office of the City Engineer, with the final version being most recently stamped as approved by the City Engineer.

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SECTION 4.The City Council hereby waives competitive bidding and approves a contract with McCarthy Building Companies for construction and professional construction management and design services for the Project in the form substantially submitted herewith (“Construction Agreement”), with the guaranteed maximum price of the Construction Agreement not to exceed the net construction proceeds of the Series 2022B Bonds that were issued for the Project (“GMP”). The City Manager is authorized to make necessary non-monetary changes to the Construction Contract within the GMP, and the City Manager is authorized to execute the Construction Contract on behalf of the City in a form approved by the City Attorney.

SECTION 5. CEQA. The City has analyzed the reasonably foreseeable environmental impacts of the Project pursuant to the requirements of the California Environmental Quality Act (“CEQA”) by way of that certain “Initial Study and Mitigated Negative Declaration for the Montebello Golf Couse Driving Range Relocation Project,” dated December 12, 2019 (the “MND”). The MND concluded that, with mitigation, the Project would not result in any significant negative impacts to the environment, and the MND was approved by way of Planning Commission Resolution No. 6-22 in the manner required by CEQA, and a notice of determination was timely posted and published in the manner required by law. The Construction Contract merely implements the Project as previously analyzed. The City Council approves a Notice of Exemption therefor and authorizes the City Clerk to file the Notice of Exemption with Los Angeles Registrar- Recorder.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution, which shall become effective immediately upon adoption. This Resolution shall repeal, replace, and supersede Resolution No. 21-94 approved on November 10, 2021.

APPROVED AND ADOPTED this 12th day of October 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST:APPROVED AS TO FORM:

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

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RESOLUTION NO. 22-84

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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. 22-84 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 12th day of October 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

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CITY OF MONTEBELLO
TO:Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Financing Authority Governing Board FROM:René Bobadilla, P.E., City Manager/Executive Director Arnold M. Alvarez-Glasman, City Attorney / Authority Counsel BY:Arnold M. Alvarez-Glasman, City Attorney
Christopher G. Cardinale, Senior Partner
SUBJECT: Sole Source Justification for Construction Contract with McCarthy Building Companies for the Montebello Topgolf Facility
DATE: October 12, 2022

EXECUTIVE SUMMARY
In connection with the complete redesign and rehabilitation of the existing Montebello Golf Course (“Golf Course” or “Course”), the City is considering a partnership with Topgolf USA (“Topgolf”) to develop and operate a three (3)-story driving range and entertainment facility on a portion of the existing Course. If approved by the Montebello City Council (“City Council”) and the governing board of the Montebello Public Financing Authority (“PFA”), construction of the facility will be financed by lease revenue bonds issued by the PFA, and after construction the facility will be operated by Topgolf under a lease agreement with the City.

The project is complex from a design and construction standpoint. Given the various public investments that hinge on success of the project, and the fact that McCarthy Building Companies is the only available design-build contractor with experience on similar projects, staff believes the City Council has the authority to award a “design-build” contract to McCarthy without competitive bidding.

PROJECT BACKGROUND
The City has owned and operated the Montebello Golf Course for nearly 100 years. The eighteen (18)-hole championship course covers approximately 120 acres and is located adjacent to the State Route 60 Freeway (“SR 60”) at 901 Via San Clemente, City of Montebello. The Course is located just minutes from Downtown Los Angeles, is an important recreation amenity to the community, and is integral to success of the other City-owned facilities located on the “Golf Course Campus.”1
Unfortunately, however, the Golf Course was last remolded in 1999 and lacks many of the modern upgrades, facilities, and amenities patrons have come to expect from competing courses in the region. As a partial result, the Golf Couse has operated at a deficit for the past several years which has required the City’s General Fund to subsidize millions in operating and maintenance 1 These City-owned facilities include the Quiet Cannon Conference Center, the Montebello Hilton Garden Inn, and the Montebello Home2Suites Hotel.

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costs. Though recent operational changes made by the City have narrowed projected future deficits, the revenues generated by the Course remain short of those needed to finance the significant capital improvement and deferred maintenance needs of the Course. The insolvency of the Golf Course was significantly featured in a 2018 State Audit of the City’s finances, and the State Auditor recommended the City take action to terminate its ongoing reliance on the General Fund.

Facing these circumstances, the City spent significant time and effort analyzing options for reversing cash flow trends of the Golf Course while maintaining the recreational amenity for the community. The result of these efforts is a proposal to completely redesign and rehabilitate the existing Course with a two (2)-part development: (1) construction and operation of a new driving range and entertainment complex on 18-acres of the existing Course (the “Driving Range Project”); and (2) redesign of the remaining Course with a new 9-hole golf course with improved amenities and features (“New Course Project”). The two (2) adjacent projects will be separately financed and operated but have common elements: they are similar in financing structure, their operations are expected to be complimentary, and the projects will share in the use and cost of certain infrastructure and utilities.

More specifically, the New Course Project will be financed with lease revenue bonds issued in partnership with the PFA; which were approved in a joint meeting of the City Council and PFA on September 14, 2022 (the “New Course Bonds”). Debt service on the New Course Bonds will be paid in the form of rent payments made by the City in exchange for the right to operate the New Course following construction.

Though the City has experience operating golf courses, early in the planning process the City realized that it lacked the requisite knowledge and experience needed to successfully design and operate the Driving Range Facility. Accordingly, the City sought interest from industry professionals and quickly identified Topgolf USA as the leader in the market. After lengthy negotiations the parties reached an agreement on the terms and conditions by which Topgolf will operate the Driving Range Project under a lease agreement with the City (“Topgolf Lease”).

The Driving Range Project is expected to be financed by means similar to the New Course: lease- revenue bonds issued by the PFA will finance construction (“Driving Range Bonds”), and Topgolf will operate the completed project pursuant to the Topgolf Lease. The Topgolf Lease will remain in effect for at least 20 years (a period of time equal to debt service on the Driving Range Bonds), and rent paid by Topgolf will be used to make bond payments. In addition, Topgolf will issue a corporate financial guarantee for all rent due during the minimum 20-year term, and all construction and bond costs – plus the fair market value of the leased area – will be paid by Topgolf under the terms of the Topgolf Lease.

Though separately financed and operated, the two (2) projects are not being pursued in isolation.

As explained in the agenda report for the New Course Bonds, the City expects base rent payments paid by Topgolf under the Topgolf Lease, together with new tax revenues generated by its operation of the Driving Range Project, to more than cover debt service on the New Course Bonds. Additionally, the two (2) projects allow the City to retain the Golf Course as a recreational and entertainment amenity for the community in a manner that creates positive cash-flow expectations, and is expected to increase demand and usage of the adjacent City-owned hotels and conference center. In these ways, among others, success and viability of the two projects are linked with broad public and financial interests, and are expected to create new local jobs and recreational opportunities benefiting the community for years to come.

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THE DRIVING RANGE FACILITY
Topgolf’s experience and capacity to operate the Driving Range Project is well-established.

Topgolf is a global sports entertainment company headquartered in Dallas, Texas, and is the industry leader in the driving range entertainment industry. It currently operates more than seventy (70) proprietary locations throughout the United States with other locations in the United Kingdom, Australia, Mexico, and Dubai. Topgolf venues feature climate-controlled hitting bays for year- round play, food, beverage, music and HDTVs on which various sports games are shown (e.g. football, basketball and golf), and proprietary technology that tracks play and provides interactive gaming. Topgolf facilities also offer golf lessons, leagues, and tournaments, and their venues are popular hosts for concerts, corporate and social events.

Because the Driving Range Project will be initially operated by Topgolf, it will be designed and operated as a prototypical Topgolf venue. Based on the most recent plans and specifications, the project will include (among other amenities): a three-story high-tech and climate-controlled driving range complex with approximately 102 hitting bays; a 215-yard “outfield” with 11 in-ground targets, technology, and infrastructure that are proprietary to Topgolf; state-of-the-art kitchens with capacity to serve a complete food and beverage menu to all hitting bays and guests of the numerous restaurant and bar areas available to the public generally; indoor and outdoor seating for patrons; themed and golf-related retail sales; private and corporate event hosting and office space; and new surface parking offering between 450 and 500 spaces. In addition, and unique to Topgolf Montebello, the facility will include an adjacent miniature golf course designed and operated under the Topgolf brand.

The Driving Range Project will be complex and multi-faceted from a construction standpoint, as it implicates a variety of design and construction-related disciplines. There are also very few competitors in this market sector, meaning few design professionals or general contractors have experience developing like-facilities. As an example there are currently more than seventy (70) Topgolf venues operating in the United States, and more than sixty-five (65) of them were designed and constructed by ARCO/Murray Design Build (“ARCO / Murray”). Based on representations provided by Topgolf, the facilities designed or developed by other contractors all experienced cost overruns, scheduling delays, or quality control issues resulting from the lack of experience on similar projects.

OPTIONS FOR CONTRACTING THE DESIGN AND CONSTRUCTION OF THE DRIVING

RANGE FACILITY
Given the significance of the Driving Range Facility to the success of the adjoining projects, and its unique design / construction challenges, staff carefully scrutinized the options for contracting for its design and construction in a manner consistent with California law.

The Driving Range Project is a “public project” within the meaning of California’s Public Contract Code (“PCC”),2 which means any contracts awarded by the City for its construction must generally be awarded to the “lowest responsible bidder” after a sealed competitive bidding process. 3 A “responsible bidder” in this context is a contractor that is able to perform the contract if awarded, meaning a bidder’s proposal must demonstrate the appropriate licenses, skills, quality, capacity, 2 Public Contracts Code § 20161 defines a “public project” with reference to various categories including “project(s) for the erection, improvement, painting, or repair of buildings and works. The Driving Range Project will be developed on City-owned property, will be financed with the proceeds of bonds issued by the Authority, and following construction will be owned by the City.
3 Public Contracts Code § 20162.

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and experience to perform the contracted work. 4 To ensure bidders are responsible, cities may require prospective bidders submit to a prequalification or screening process before they are qualified to submit a bid for the scope of work;5 or alternatively, require that qualified bidders have developed a specified number of similar projects in the recent-past to demonstrate competence and capacity.

The Public Contract Code also allows cities to utilize the “design-build” process to complete public works projects by a process that allows cities to contract with a single firm for both the design and construction of the work of public improvement. 6 The “design build” process may be utilized to develop public buildings, improvements, and parks and recreational facilities, 7 and gives cities broader discretion to select among potential contractors. Indeed only three (3) specific evaluation criteria must be considered in the aggregate when selecting among design-build contractors: (1) price, unless a stipulated sum is specified; (2) technical design and construction expertise; and (3) life-cycle costs over fifteen (15) or more years.8 An agency’s organizational conflict-of-interest policy must be applied to design-build contractors,9 meaning firms that assist an agency with initial planning or development of a project are prohibited from competing for the ensuing construction contract if the firm either has a competitive advantage over other proposers, or if its prior involvement would impair the firm’s objectivity.10
Though competitive bidding for public works contracts is the statutory norm, there are several well-established exceptions. As relevant here, these exceptions excuse competitive bidding where the nature of the contract is such that competitive proposals would be unavailing or would not produce an advantage, and accordingly the use of a competitive bidding process would be undesirable, impractical, or impossible. 11 This exception is clearly established in California laws and is founded in the legislative objectives for requiring competitive bidding for public projects in the first place: to prevent the waste of public funds, obtain the best economic result for the public, and guard against favoritism, improvidence, extravagance, fraud and corruption. 12 California courts have recognized that these legislative goals are not advanced – and thus competitive bidding is not required – in circumstances where bidding would work an incongruity and not impact the final result, would not produce any advantage, or where it is practically impossible to obtain the goods, services or product required by the agency from alternative sources.13 This “sole source” exception to competitive bidding requirements has been recognized in a variety of circumstances relevant here, including: the purchase of services and products or the construction of public improvements where no advantage would result from competitive bidding; contracts for personal services that depend upon a peculiar skill or ability; contracts for experimental or unique products and/or services; and contracts for the acquisition or disposition of property for a particular use or with a special value to one person.14 4 Id. at § 1103.
5 Id. at § 20101. See also Cal. Labor Commissioner’s Model Questionnaire for Prequalification of Contractors on Public Works Projects.
6 Id. at §§ 22160-22169.
7 Id. at §§ 22161(b); 22162(a).
8 Id. at § 22164(f).
9 Id. at § 22162(c).
10 This rule stems from, inter alia, Government Code § 1090 as applied to consultants that contract with a public agency. 11 Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631, 636. 12 Id. at 636.
13 Id. at 636, 637.
14 Ibid.; see also Los Angeles Gas & Electric Corporation v. Los Angeles (1920) 188 Cal. 307 (sole source for electrical power); Los Angeles Dredging Company v. Long Beach (1930) 210 Cal. 348 [sole source when dredging pipes could only be rerouted by the onsite dredging company]; Hodgeman v. City of San Diego (1942) 53 Cal.App.2d 610 [sole source for a parking meter]; County of Riverside v. Whitlock (1972) 22 Cal.App.3d 863 [public utility]; Domar Electric, Inc. v. City of Los Angeles (1994) 9 Cal.4th 161 [competitive bidding requirements for school districts are strictly

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Another exception to competitive bidding requirements applies to professional services agreements; which must be awarded based on demonstrated competence and capacity to perform the services required. 15 What qualifies as a “professional service” is not strictly defined by the legislature, but is generally understood as applying to areas requiring specialized knowledge, training, or skill, usually of a mental or intellectual nature; and does not always require a specialized license or certification.16 The “professional services” exemption gives local agencies the ability to enter into contracts for services which require a specialized level of skill, knowledge, and training, especially in instances where awarding such a contract to the lowest bidder could produce undesirable results.17
AWARDING A “SOLE SOURCE” OR “PROFESSIONAL SERVICES” CONTRACT FOR

DEVELOPMENT OF THE DRIVING RANGE PROJECT
Applying the above-concepts to the Driving Range Project leads staff to conclude that awarding a contractor for the design and construction of the Driving Range Project on the basis of a “sole source” or “professional services” determination is justified.

The City Council agreed with this determination when it adopted Resolution No. 21-94 on November 10, 2021, finding that, based on its significant experience designing and developing nearly all Topgolf venues in the domestic Unites States, awarding a “sole source” contract to ARCO / Murray for design and construction of the project was appropriate. Since that time, ARCO / Murray has diligently proceeded to finalize design, plans and specifications for the Driving Range Facility (“Plans and Specifications”).

Subsequent to the City Council’s sole source determination, however, the City has recently learned that ARCO / Murray is no longer available to proceed with constructing the project.

Instead, ARCO / Murray has proposed, with Topgolf’s consent, to transfer the Plans and Specifications to McCarthy Building Companies of Newport Beach, California (“McCarthy”); after which ARCO / Murray would withdraw from the project and McCarthy would proceed its construction.

McCarthy Building Companies was established in 1864 and is one of the largest and most active contractors in the United States with 17 regional offices; and with clear demonstrated professional and financial capacity to complete the project. After ARCO / Murray, McCarthy is also the next most experienced contractor in the United States on Topgolf venues, and in recent months completed construction of Topgolf’s new location in the City of El Segundo. This project was completed on-time, within budget, and shares many similarities with Montebello’s Driving Range Project including market region, size, building type, and close proximity to an operating golf course.

Based on these facts and circumstances, and for reasons similar to the City Council’s previous “sole source” determination on this project, staff believes that awarding a contract to McCarthy constructed by the courts, but they should not be applied to “deny the public entity’s authority to deal with problems in a sensible, practical way.”].)
15 The City has broad discretion to contract for professional design support and proprietary professional operating services through its power to award professional services contracts based on demonstrated capacity and experience, or through its authority to lease city-owned property for recreational or other legitimate purposes. (Gov’t Code §§ 4526, 37103, 53060; Carruth v. City of Madera (1965) 233 Cal.App.2d. 688; Hubbard v. City of San Diego (1976) 55 Cal.Appl.2d 380; Cal. Const. art XI, § 5; Gov’t Code § 37396(a) [recreational leases].) 16 Fair Education Santa Barbara v. Santa Barbara Unified (2021) 72 Cal.App.5th 884, 898. 17 Id. at 899.

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for design and construction of the Driving Range Project is consistent with appliable law and in the best interests of the City. Specifically:
Using the standard sealed competitive bidding process to select a general contractor for the project would be unavailing, as ARCO/Murray is unavailable to construct the project, and McCarthy is the only other contractor with the experience needed to satisfy the “responsible bidder” threshold, having recently completed a similar facility on-time and on- budget. The size, scale, and complexity of the Driving Range Project justifies the City imposing a requirement that qualified contractors have past recent experience on similar projects.
The statutory “design build” contract award process would lead to the same result:

McCarthy is the only contractor, aside from ARCO / Murray, with the necessary technical design and construction experience on similar projects, and thus has an insurmountable experiential advantage when it comes to selecting among candidates for a design-build contract for the Driving Range Project. Similarly, awarding McCarthy a contract for all design and construction work would not create an unfair competitive advantage over other proposers as they are the only contractor with the requisite knowledge and experience to perform the required scope of work; and in fact recently completed a very similar project in El Segundo.
The complexity, uniqueness, nature, and size of the Driving Range Project render its design and construction far-more complex than a standard public work of improvement, and on the whole are sufficiently unique and special that the City is unable to obtain them from alternative public sources. In such circumstances where the nature of a contract is that competitive proposals would not produce an advantage; the City is free to contract with the most experienced and qualified source for those services. Given the various considerations relaying on the long-term success of the Driving Range Project, including the City’s other investments in the vicinity, the public has a greater interest in ensuring the project is designed and constructed in a high-quality matter, on time and on budget, than the public does in making sure the project is completed for the lowest possible price. In such circumstances, the public interest is not favored by competitive bidding and the City may award to the most qualified and responsible contractor.
Soliciting competitive proposals for construction of the Driving Range Project would result in a number of undesirable results including the unnecessary waste of time and resources, increased risk of contracting with parties lacking the capacity to perform the work, increased potential for cost overruns and time delays, and the potential breach of third- party agreements relating to financing, construction and operation of the projects.

Competitive bidding would also be fruitless under the circumstances as it would not impact the final result of the bidding process, as McCarthy is the only available contractor with demonstrated relevant experience on similar projects, the only contractor authorized to receive and use the Plans and Specifications, and it is impossible for the City to acquire similar services from a different service provider.

As a final consideration, staff notes that no public funds will ultimately be applied to design, construction, or operation of the Driving Range Facility. Though the transaction documents have not been approved by the City Council or PFA, the Sublease is structured such that during the term of the Sublease, Topgolf pays any and all costs of design and construction of the facility, as well as any interest or cost of issuance associated with the Driving Range Bonds. Under similar

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circumstances, courts have recently deemed competitive bidding requirements of the public contracts code inapplicable.18
McCarthy is also clearly qualified to perform the scope of work, has served clients from coast-to- coast in a wide array of industries and has an in-house team of expert engineers, project managers, superintendents, modelers, and architects. McCarthy will provide a “not to exceed” price for comprehensive design build services related to the Driving Range Project, which staff will review in context of market norms for like professional services and projects of analogous scope and complexity, and the contract and cost thereof would be subject to the future approval and discretion of the City Council.

In consideration of the foregoing, staff believes that the City would be justified awarding a “sole source” contract to McCarthy Building Companies for design and construction work needed for the Driving Range Project.

CONCLUDING REMARKS
In the event the City Council desires to proceed with the award of a contract to McCarthy Building Companies and waive competitive bidding requirements, staff recommends the City Council adopt a resolution setting forth the facts, findings and circumstances justifying the determination in connection with the contract award.
18 SG Blocks, Inc. v. Hola Community Partners, 521 F.Supp.3d 881 (C.D. Cal. 2021).

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ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

David Sosnowski, Director of Recreation and Community Services SUBJECT: AUTHORIZE DISPOSITION OF SURPLUS GOLF CARTS AND

EQUIPMENT

DATE: October 12, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1) Authorize Recreation and Community Services Department staff to sell, auction, donate, dispose of, or transfer golf carts and equipment per the established Capital Asset Policy, No. VI-C-3; and

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

FISCAL IMPACT:

There is no direct fiscal impact for the action item. Upon evaluation of the surplus golf carts and equipment, staff will determine if the capital assets should be transferred, sold, auctioned, disposed of, or donated in a manner which will best serve the "common benefit" of the City and its constituents. Any monies received from asset sales or auctions will be placed in the Golf Course Fund (Cost Recover Account No. 610-99- 3660).

BACKGROUND:

The City of Montebello maintains a fleet of golf carts and maintenance equipment available for use at the Montebello Golf Course. When capital assets have exceeded

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their useful life and/or are no longer appropriate for use, the staff engages in a process to dispose of the assets. City of Montebello Administrative Policy: Capital Asset Policy, No. VI-C-3 provides the guidelines and the process for dispositioning vehicles and other capital assets.

ENVIRONMENTAL IMPACT:

There is no environmental impact.

ANALYSIS:

N/A

DISCUSSION:

The City of Montebello possesses eighty-five (85) Ez-Go golf carts that are no longer in use due to the closure of the Golf Course. The City currently leases the golf carts from PNC Equipment Finance LLC. The golf cart lease with PNC Equipment Finance LLC began in February of 2019 and will end in February of 2023, when the final lease payment is made. As a part of the lease agreement, the City has the option to purchase all golf carts for $1.00 upon expiration of the lease term. Staff plans to exercise this option by purchasing the golf carts. This purchase will allow the City greater flexibility to find the best use of the fleet, after declaring the carts as surplus property, in accordance with the aforementioned Capital Asset Policy.

Recreation and Community Services Department staff will conduct an assessment to determine the best disposition option for each golf cart, and based upon these findings, proposes to keep 15-20 carts for use by various City Departments. Per the Capital Asset Policy, options for the remaining carts include selling, discarding, or donating. Staff desire to donate other useful operating carts to Montebello-based non-profits (schools, churches, service organizations) and sell them to local businesses. To do so, staff in conjunction with the City Attorney's Office will create an application process for local non- profits/businesses, in good standing, to be considered for distribution of a golf cart. City staff will sell or auction any useful operating carts that remain after all requested and authorized donations are made. The City Manager and City Attorney's Office will also review and approve any necessary waivers and/or general release agreements pertaining to the donation or sale of the carts.

In addition, the City owns twenty-four (24) pieces of equipment (Attachment A - Asset List), previously used for Golf Course maintenance. This includes several mowers and utility vehicles that are at least twenty (20) years old. City staff have thoroughly reviewed and inspected the maintenance equipment and determined that any repairs or replacements would not be a worthwhile investment. Therefore, the maintenance equipment will be sold or disposed of as they are no longer in use and have surpassed their useful life.

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SUMMARY:

The City possesses eighty-five (85) golf carts and twenty-four (24) pieces of maintenance equipment that are no longer in use or beyond their useful life. Staff recommends that the City Council consider authorizing the Recreation and Community Services Department staff to transfer, sale/auction, dispose, or donate these assets per the established Capital Asset Policy, No. VI-C-3.

ATTACHMENT(S)

1. Attachment A - Asset List

NEXT STEPS:

N/A

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ITEM # 18

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Paul Espinosa, Police Chief
SUBJECT: APPROVAL OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS),

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT
FUNDS

DATE: October 12, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1) Approve the use of grant funding awarded to the Montebello Police Department by the California Office of Traffic and Safety (OTS) through the Selective Traffic Enforcement Program (STEP), Grant number PT23048, in the amount of $122,000; and

2) Amend the Fiscal Year 2022-23 budget and increase expense appropriations by $122,000 in grant Account No. 265-8013-800-5010.10, 6010.40 and 6020, Grants, OTS- STEP Grant, (Overtime, Machinery ad Equipment and Travel and Meetings); and by $122,000 in revenue Account No. 265-99-4198.97 (Grants, Miscellaneous Grants – OTS Grants); and

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

FISCAL IMPACT:

The City of Montebello by and through the Montebello Police Department is being awarded $122,000 from the OTS-STEP Grant Program (“Grant”). Although the City must pay upfront costs, all related, authorized, expenditures will be reimbursed by the Grant on a quarterly basis for an amount up-to- $122,000.

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The funds are to be distributed to a specific OTS-STEP account which will reflect the following budget (Account No. 265-8013-800):

1. Personnel Costs-Overtime (5010.10) $100,100

2. Travel Expenses (6020) $3,010

3. Other Direct Costs (6040.40) $18,890
TOTAL: $122,000

The City Council is being asked to amend the FY 2022-23 budget by increasing appropriations by the above amounts. In addition, Account No. 265-99-4198.97 (Grants, Miscellaneous Grants, OTS Grants) will be increased by $122,000 to recognize the revenue once drawn down.

BACKGROUND:

On September 26, 2022, the Department was awarded an OTS-STEP Grant in the amount of One Hundred Twenty-Two Thousand Dollars ($122,000). The time period of the Grant is October 1, 2022, to September 30, 2023. Funding from this Grant has been approved for traffic operations and other miscellaneous traffic and checkpoint supplies.

The Department has primarily focused on reducing alcohol and speed-related collisions.

Through the use of educational campaigns that focus on traffic safety topics such as distracted driving and primary collision factors, the Department will continue to educate the community on the importance of safe driving practices. The Department is currently expanding staff in the traffic unit, adding traffic safety equipment, and expanding training opportunities.

The Department’s goal is to use the Grant funds towards the enforcement of traffic laws, educating the public on traffic safety, and providing varied and effective means of reducing fatalities, injuries, and economic losses from collisions. These tasks will be achieved through a focused traffic enforcement plan utilizing operations that are data driven and that our Department has the capacity to complete.

ENVIRONMENTAL IMPACT:

There is no environmental impact.

ANALYSIS:

Best practice strategies will be implemented to reduce the number of persons killed and injured in crashes involving alcohol and primary collision factors that are prevalent in the City including speeding, tailgating, illegal U-turns, and stop sign violations. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational

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presentations on topics that may include: child passenger safety, occupant protection, and safe senior driving practices. These strategies and campaigns are advertised on the City’s website and social media platforms with the goal of capturing the communities’ attention to encourage safe driving practices.

DISCUSSION:

N/A

SUMMARY:

The Department has been awarded a STEP Grant from OTS in the amount of $122,000.

The Grant award will enable the Department to conduct traffic safety and enforcement operations. As a result of the award of these reimbursable grant funds, the Department is able to deploy officers and conduct high-visibility traffic campaigns. The support of the OTS-STEP Grant will aid in these goals and expand the Department's efforts.

The Montebello City Council is being asked to authorize the proposed use of the Grant as further outlined in the attached Grant Agreement (PT23048) and amend the FY 2022- 23 budget by increasing appropriations by $122,000 in grant Account Number 265-8013- 800-5010.10, 6010.40 and 6020, (Grants, OTS-STEP Grants, Overtime, Travel and Meetings, and Machinery and Equipment (see table above for exact dollar allocation) and by $122,000 in revenue Account No. 265-99.4198.97 (Grants, Miscellaneous Grants - OTS Grants).

ATTACHMENT(S)

1. Attachment A - State of California - Office of Traffic Safety - Grant Agreement PT23048

NEXT STEPS:

N/A

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT23048

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Montebello From:

To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Montebello Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $122,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Vanessa Padilla Nava

Grants and Project Administrator

[email protected]

(323) 887-1238

1600 W. Beverly Blvd.

Montebello, CA 90640
ADDRESS: Paul Espinosa

Chief of Police

[email protected]

(323) 887-1212

1600 W. Beverly Blvd.

Montebello, CA 90640
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Michael Solorza

Director of Finance

[email protected]

(323) 887-1412

1600 W. Beverly Blvd.

Montebello, CA 90640
ADDRESS: Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)

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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

M8MYZCCFENF8

1600 West Beverly Blvd
Montebello
90640-3932
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
164AL-23 20.608 0521-0890-101 2022 43/22 BA/22 $75,000.00 402PT-23 20.600 0521-0890-101 2022 43/22 BA/22 $47,000.00

AGREEMENT
TOTAL $122,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$122,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $122,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT23048

1. PROBLEM STATEMENT

The City of Montebello is a bustling and charming community located in Los Angeles County. Traffic volume is heavy throughout the city for several reasons. Montebello covers an area of approximately 8.25 miles and is bordered on the south by the Santa Ana Freeway (I-5) and on the north by the Pomona Freeway (SR-60).

Several other freeways are nearby and easily accessible from the area including the Long Beach Freeway 710 and San Gabriel Freeway 605. Montebello is often referred to as a gateway city, with close proximity to downtown Los Angeles and its shared borders with several cities including Monterey Park, Pico Rivera, Rosemead, Commerce, and East Los Angeles. The city is primarily residential; however, there is strong growth of commercial property and businesses. Montebello is home to a large shopping mall with heavy traffic on a daily basis that is substantially increased during the holiday season. Additionally, there are five private schools, thirty-three schools in the Montebello Unified School District, and several universities in the surrounding area. Montebello is located in one of the busiest counties in the country, it is bordered by heavily traveled freeways and is an area by which numerous commuters travel, shop, and reside on daily basis. All of these combined factors contribute to several traffic problems that the department hopes to mitigate.

The City of Montebello Police Department is planning to address and reduce traffic safety concerns in the City of Montebello using a combination of enforcement and education. Using the highest standards and most up-to-date analytics, the enforcement operations will be dedicated to the most prevalent traffic problems. By increasing the visibility of our program goals and distributing educational material on safe driving practices, the department will enhance traffic safety enforcement operations. Through these methods, the department will be successful in curbing Montebello’s traffic problems and most importantly reducing the overall number of traffic crashes that cause injuries and fatalities.

COVID-19 has shifted the way we live our lives. During a time when people were meant to be staying at home to reduce the spread of the virus, there was instead an increase in traffic crashes and unsafe driving (speeding and texting while driving). It is very apparent that our efforts are more necessary than ever before. The past three years have seen a slight decrease in the number of alcohol involved crashes from 37-

27. However, the number of injured persons from alcohol involved crashes doubled from 2019 to 2020 from 11 to 24. Additionally, 15 DUI (23152(A)VC) arrests were made in 2021, our highest number since 2016.

Finally, 2021 also saw two fatal DUI crashes. Being able to track and respond to this data is crucial and critical to our Traffic safety efforts. Through our data analyst, we continuously evaluate and determine traffic trends that need the most urgent attention. This constant check and balance allows us to most effectively concentrate our efforts throughout the year.

In recent years, the city was unable to adequately staff the traffic unit due to severe budgetary restrictions.

The increased number of traffic fatalities in 2017-2018 lead to a reorganization and reestablishment of the traffic unit. Currently, the unit is staffed by three officers, a sergeant, and a lieutenant. This unit is invaluable to the operation of the grant. The officers assigned to the traffic unit have or will attend advanced traffic training courses that include standardized field sobriety testing (SFST), advanced roadside impaired driving enforcement (ARIDE), sobriety checkpoint operations, and traffic crash investigation. It is a shared goal of the department and OTS to continue sending officers to traffic training courses. With the continued support of the Chief of Police and city administration, the unit will be maintained and staffed by highly qualified officers throughout the grant period.

Montebello Police Department has diligently worked to identify and address traffic problems in the City of Montebello. The Office of Traffic Safety has allowed our efforts to make dramatic improvements, however, our work is not done. The efforts of this grant are personal goals for our department. Recently a Montebello Police Officer was injured while on duty by a driver under the influence of alcohol. Fortunately, our Officer has fully recovered, but it is these horrific instances that remind us of how important it is to continue our work. Our collaborative efforts will create lasting changes that will reduce traffic injuries and lead to zero fatalities in the City of Montebello and surrounding regions.

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2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
3 7. Conduct DUI Saturation Patrol operation(s). 13

8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
6

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9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 10. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 5 11. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted this quarter.  All grant related purchases needed to implement the program should be made this quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

 Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

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 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION

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Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT23048

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$75,000.00
402PT-23 20.600 State and Community Highway
Safety
$47,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI Checkpoints 164AL-23 $10,500.00 3 $31,500.00
DUI Saturation Patrols 164AL-23 $2,600.00 13 $33,800.00 Traffic Enforcement 402PT-23 $2,600.00 6 $15,600.00
Distracted Driving 402PT-23 $2,400.00 3 $7,200.00
Pedestrian and Bicycle Enforcement 402PT-23 $2,400.00 5 $12,000.00 Category Sub-Total $100,100.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $3,010.00 1 $3,010.00
$0.00
Category Sub-Total $3,010.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-23 $2,500.00 1 $2,500.00
Phlebotomist 164AL-23 $600.00 12 $7,200.00
Drone Mapping Software 402PT-23 $4,990.00 1 $4,990.00
Educational Materials 402PT-23 $1,900.00 1 $1,900.00
Computer or Tablet 402PT-23 $2,300.00 1 $2,300.00
Category Sub-Total $18,890.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $122,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT23048

BUDGET NARRATIVE

PERSONNEL COSTS
DUI Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Phlebotomist - To draw and collect blood samples from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

Drone Mapping Software - Digital mapping software to be used in conjunction with a department supplied drone. Item must have a unit cost of less than $5,000 (including tax and shipping).

Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS.

Computer or Tablet - For use in tracking or conducting grant activities and producing required reports. Costs may include a desktop computer, monitor, laptop, tablet, printer, software and accessories.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT23048

CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended  Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94  23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs  2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).

The Subgrantee-

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 Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted;  Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
 Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
 Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance;  Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—

a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an

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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements

The signed certifies, to the best of his or her knowledge and belief, that:

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

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

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

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Instructions for Primary Tier Participant Certification (States)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

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

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

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

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

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

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions

(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment

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rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

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

Instructions for Lower Tier Participant Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

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

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

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

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

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

BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Laurence Gong
Title: Accounting Manager Media Contact: Yes
Phone: (323) 887-1417
Email: [email protected]

2. Vanessa Padilla Nava
Title: Grants and Project Administrator Media Contact: Yes Phone: (323) 887-1238
Email: [email protected]

3. Steve Sharpe
Title: Lieutenant Media Contact: Yes
Phone: (323) 480-4000 ext. 311
Email: [email protected]

State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT23048

GRANT DETAILS
Grant Number: PT23048
Agency Name: Montebello Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $122,000.00
Authorizing Official: Paul Espinosa
Fiscal Official: Michael Solorza
Grant Director: Vanessa Padilla Nava

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Complete the below information if adding, removing or editing a GEMS user(s)

GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}

Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}

Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}

Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}

Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}

Name

Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}

Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}

Email address

Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}

As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title

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ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Fernando Pelaez, Fire Chief
SUBJECT: APPROVAL TO SUBMIT GRANT APPLICATION TO THE SAN

GABRIEL VALLEY COUNCIL OF GOVERNMENTS HOUSING LINKAGE

WORKING GROUP

DATE: October 12, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1) Approve submission of the grant application to the San Gabriel Valley Council of Governments Housing Linkage Working Group; and

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

FISCAL IMPACT:

The San Gabriel Valley Council of Governments (SGVCOG) currently has a funding opportunity to submit a competitive grant application to implement activities that would increase access to permanent housing options for persons experiencing homelessness (PEH). If a grant is awarded and once the amount is determined, staff will return to the City Council with a request to appropriate the funds.

BACKGROUND:

On September 15, 2022, the SGVCOG announced the creation of a new grant program that would pilot innovative approaches and activities to connect persons experiencing homelessness (PEH) with permanent housing. The purpose of the program is to pilot

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innovative approaches on a small scale and evaluate their effectiveness in connecting clients to permanent housing. Cities within the SGVCOG are eligible to apply for this funding opportunity. Potential project activities include housing navigation, targeted engagement of landlords, shared housing programs, roommate matching programs, and the establishment of small-scale master leasing/resident and property support services (RPSS) Program. Available funds are eligible to be used for landlord incentives (e.g. signing bonuses, deposits, incentives to hold a unit) and direct client services (e.g. application fees, credit repair/debt relief programs, etc.)

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.

ANALYSIS:

N/A

DISCUSSION:

Throughout the San Gabriel Valley, there is a need for affordable, permanent housing options. This funding is intended to support activities that increase access to permanent housing options for PEH.

The Fire Department is seeking to submit a grant proposal for funding that will be used towards linking participants in the Montebello Community Assistance Program (MCAP) and Operation Stay Safe (i.e., Tiny Homes) to permanent housing. One of the greatest challenges facing PEH is access to permanent housing. MCAP has actively engaged landlords in the community to build relationships that result in permanent housing for MCAP participants. PEH generally prefer to stay in the communities that they are connected to.

In order to continue to increase the momentum of connecting MCAP participants to permanent housing, additional resources are needed. The goal is to leverage this grant funding opportunity, in particular the incentive funds to expand the landlord incentive program and direct client services. Previous funding from the SGVCOG has been instrumental in the success the team has had in connecting MCAP participants to permanent housing. Funding is crucial for signing bonuses, deposits, and incentives to hold a unit in the region's competitive housing market. Connecting families at risk of homelessness or experiencing homelessness is especially difficult to house because there are limited options available in terms of temporary and interim housing, which

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places a greater need to find permanent housing expeditiously. At this time, all available resources for this type of activity have been expended by MCAP.

SUMMARY:

That the City Council approve the submission of the grant application to the San Gabriel Valley Council Of Governments Housing Linkage Working Group.

ATTACHMENT(S)

1. Attachment A - SGVCOG Housing Linkage Working Group Grant Program

NEXT STEPS:

N/A

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REPORT

DATE: September 15, 2022

TO: Governing Board Delegates & Alternates

FROM: Marisa Creter, Executive Director

RE: HOUSING LINKAGE WORKING GROUP

RECOMMENDED ACTION

Allocate $200,000 to implement activities that would increase access to permanent housing options for persons experiencing homelessness (PEH), through the creation of a Housing Linkage Working Group.

BACKGROUND

Over the last several years, there have been growing resources allocated to providing services for persons experiencing homelessness (PEH) and to developing interim housing options. For example, the SGVCOG has contracted with the Los Angeles Centers for Alcohol and Drug Abuse (LA CADA) to provide multi-disciplinary outreach teams to serve nineteen cities and to provide targeted engagement to those PEH who need the greatest support in being housed to serve eight cities. Several other cities have also contracted with LA CADA or other service providers to provide additional services. In addition, the SGVCOG and the San Gabriel Valley Regional Housing Trust (SGVRHT) have partnered with the cities of Baldwin Park and Montebello to open two interim housing sites – Esperanza Villa in Baldwin Park and Ope ration Stay Safe in Montebello – that collectively provide 55 units of bridge housing. An additional family transitional housing site that will provide 16 units and approximately 50 beds for families – called Serenity Homes – will open in Baldwin Park in September.

While these services and interim housing options are critical components of the homeless services system, a key component of the system is the availability of permanent housing. Permanent supportive housing (PSH) and affordable housing that is protected by an affordable housing covenant are the most reliable options for providing housing for PEH. However, they are also extremely expensive to build and have long timelines for construction. As a result, there is not an adequate supply of PSH and affordable housing.

With the shortage of PSH and affordable housing, the system predominantly relies on clients finding “affordable” housing on the private market and renting those units using a housing subsidy.

Housing subsidies include permanent housing subsidies – like Section 8 Housing Choice Vouchers
1 and Emergency Housing Voucher s (EHVs)2– and the time limited subsidy program overseen by the Los Angeles Homeless Services Authority (LAHSA) . The time limited subsidy (TLS) program provides short-term funding for clients while they stabilize their income enough to

1 Housing Choice Vouchers are matched to clients , and, upon receipt, the client can use the housing choice voucher to rent any unit on the private market that accepts vouchers and that does not exceed the maximum rent. 2 EHVs function like Housing Choice Vouchers; however, they were additional vouchers allocated to public housing authorities nationwide as part of the American Recovery Plan.

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afford the unit without any voucher or support. While these resources are also extremely limited and many clients in need are not matched with a voucher or TLS, these housing subsidy programs remain a key pathway out of homelessness for many clients.

However, using these vouchers can be extremely challenging. Clients must find a unit that does not exceed the maximum allowable rate of the voucher to rent on the priv ate market. In addition to the typical challenges of finding an affordable apartment on the rental market, these clients face many additional challenges: the market rent in many communities greatly exceeds the maximum allowable rate of the voucher; some clients have little experience in searching for apartments; some clients don’t have the credit scores, required documents and paperwork, or an ID to make them eligible for a unit. In addition, landlords that accept housing vouchers may be subject to additional inspections. The lack of permanent housing exits has a large impact on the operation of interim housing projects. When a client in an interim housing site is unable to move from interim housing to permanent housing, this means this space does not open f or currently unsheltered clients. The County Homeless Initiative has placed a large focus on identifying and implementing approaches towards increasing the availability of permanent housing , which directly impacts the SGVRHT funded sites that received operational funding through the Cities and COGs and Interim Housing Services (CCOGIHS) fund. The CCOGIHS grant does not include funding for permanent housing identification, further demonstrating the need for additional local funding.

There are several resour ces designed to help clients move into housing. For example, LAHSA oversees the housing navigation program, which provides staff resources to help clients to fill-out paperwork and secure the required documents to get into housing. A recent policy change at LAHSA redirected all housing navigation resources in the County exclusively to clients currently in interim housing. However, the housing navigation is still not sufficiently-resourced to properly serve all of these clients. In addition, this means that any client that is currently unsheltered would not have access to the housing navigation program and must instead rely on other resources within the homeless services system or have no support at all.

There are also many programs that provide financial i ncentives and protections for landlords that lease to tenants that are paying with a housing voucher. While i n California, it is illegal for a landlord to not lease to a tenant based on their source of income, the reality is that renting to a tenant with a housing voucher does take additional time – as additional inspections and paperwork is required – and it will take more time for the landlord to begin receiving rent. These landlord incentive programs are designed to make it more attractive for landlords to accept these clients.

For example, the Countywide LeaseUp program provides holding fees, vacancy loss funds, wrap- around support for all participating properties and landlords. The County’s Homeless Incentive Program (HIP) provides one month’s free rent , move -in assistance, damage mitigation, and vacancy loss payments. The SGVCOG operated its Landlord Incentive Program – operated by Union Station Homeless Services (USHS) – that provided similar incentives for landlords. Several housing authorities offered signing bonuses for landlords that accepted EHVs. While all of these programs are important, they have not had as broad of an impact as expected in increasing the number of units available to clients with vouchers on the private market.

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DISCUSSION

Given the need for affordable, permanent housing options on the private market, there is clearly a need to use innovative approaches to increase the supply of immediately-available housing. There are innovative approaches to try – for example, some cities are extremely proactive about engaging landlords in their community; others have tried to identify potential units for shared housing.

However, there is not sufficient funding to truly implement many of these innovative ideas.

Due to cities and service p roviders’ challenges in expending previous funds, the SGVCOG currently has approximately $550,000 in unallocated funds which can be used for activities that support PEH or those at -risk of homelessness. At its August meeting, the SGVCOG Governing Board allocated $250,000 of these funds towards the implementation of a food insecurity grant program.

Staff is proposing that $200,000 of the remaining funds be allocated to create a grant program that would pilot innovative approaches and activities to connect PEH with permanent housing. The purpose of the Program would be to test potential approaches at a small scale and evaluate their impact in connecting clients to permanent housing.

Cities would be eligible applicants for this grant program. While a city would be required to be the main applicant, a city could apply in coordination with a service provider or other partner. Eligible activities would include any activities necessary to implement proposed programs, which could include but is not limited to staff time and relationships with service providers. Potential project ideas could include housing navigation, targeted engagement of landlords, shared housing programs, roommate matching programs, and the establishment of small- scale master leasing/resident and property support services (RPSS). While staff is not recommending a maximum funding award for a grantee, SGVCOG hopes to fund three to four cities under the grant.

Projects would be evaluated predominantly based on their potential to ease improve clients’ connections to permanent housing.

It is anticipated that some of the programs would include landlord incentives or other direct client services that would help incentivize participation or reduce barriers for clients. As such, a portion of the funds would also be held “incentive dollars,” and all grantees could access these as part of their program implementation. Incentive dollars could fund things like landlord incentives (e.g. signing bonuses, deposits, incentives to hold a unit) and direct client services (e.g. application fees, credit repair/debt relief programs, etc.).

A key component of the program would be to build a cohort of implementers, to create a space for grantees to discuss challenges and opportunities, troubleshoot issues, and discuss best practices.

All grantees would be required to participate in the “Housing Linkages Working Group,” which would meet regularly and provide a forum within which participating cities could communicate on a regular basis. SGVCOG staff would also share best practices and provide whatever support necessary for participating entities.

The ultimate goal of the grant program would be to evaluate the impact of programs and their potential for regional scaling or duplication in other cities. Grantees would be asked to, in coordination with the SGVCOG, establish data metrics, and to collect project data. The SGVCOG

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would also work with grantees to develop case studies, fact sheets, and how -to guides on the programs. At the end of the Program, SGVCOG staff would present the evaluation of the programs.

Ultimately, the SGVCOG hopes to identify a menu of alternatives that could be implemented to help better facilitate connections to permanent housing.

NEXT STEPS

At its September 7, 2022, meeting, the Homelessness Committee approved a motion to recommend Governing Board allocate $200,000 to implement activities that would increase access to permanent housing options for persons experiencing homelessness (PEH), through the creation of a Housing Linkage Working Group. Should this action be approved by the Governing Board, staff will release a simple application for cities to submit.

Prepared by: ___________________________________________ Caitlin Sims
Manager of Local Programs

Approved by: ____________________________________________ Marisa Creter
Executive Director

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ITEM # 20

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Fernando Pelaez, Fire Chief
SUBJECT: APPROVE MEMORANDUM OF AGREEMENT NO. 22-23 BETWEEN

THE CITY OF MONTEBELLO AND LOS ANGELES COUNTY TO FUND

OPERATION STAY SAFE WITH THE CITIES AND COUNCILS OF

GOVERNMENTS INTERIM HOUSING SERVICES FUND AND AMEND
THE FISCAL YEAR 22-23 BUDGET TO APPROPRIATE FUNDS

DATE: October 12, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1) Authorize the City Manager to execute a Memorandum of Agreement between the City of Montebello and Los Angeles County to receive $876,000 in funding from the Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund for the operation of Operation Stay Safe interim housing project; and,

2) Amend the Fiscal Year 2022-23 budget by increasing appropriations by $876,000 in expenditure Account No. 266-85-858-6040.10 (Interim Housing Services, Fire, Interim Housing Services , Other Contract Services) and $876,000 in revenue Account No. 266- 99-4198.30 (Interim Housing Services, Misellaneous Grants - Interim Housing Services ); and

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

FISCAL IMPACT:

The City is entering into an agreement with the Los Angeles County Chief Executive

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Office (CEO) to accept funding for the City's Operation Stay Safe (i.e., Tiny Homes) program. The reimbursement agreement would provide $876,000 to fund the operations as described in the attached agreement (Attachment A). It is necessary to amend the Fiscal Year 2022-23 budget to appropriate these funds by increasing appropriations by $876,000 in expenditure Account No. 266-85-858-6040.10 (Interim Housing Services, Fire, Interim Housing Services , Other Contract Services) and $876,000 in revenue Account No. 266-99-4198.30 (Interim Housing Services, Misellaneous Grants - Interim Housing Services ).

Due to the size of this funding award, and the need to accurately track expenses and revenue, a new fund has been created: Fund 266 - Interim Housing Services (CCOGIHS). All expenses and revenue associated with this funding opportunity and the City's Operation Stay Safe program will be recorded in this new fund. Subsequent budgets will be developed with appropriations included in this fund.

BACKGROUND:

The Los Angeles County Board of Supervisors recognizes the importance of supporting cities and Councils of Governments across the County to strengthen the region’s homeless housing and service system. As such, the Board directed the Chief Executive Office Homeless Initiative to create a Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund to support services at interim housing projects located in local jurisdictions to create a pathway for people experiencing homelessness (“PEH”) to assist them in securing permanent housing.

The County will be allocated State of California Homeless Housing, Assistance and Prevention Program Round 3 (“HHAP 3”) funding. HHAP 3 provides flexible block grant funds for Continuums of Care, large cities with populations of 300,000 and above, and counties to build on the regional coordination created through previous California Homeless Coordinating and Financing Council grant funding. The County Board of Supervisors approved allocating $10 million of the County’s HHAP 3 funds to the CCOGIHS Fund.

The CCOGIHS Fund will be used to provide grants to cities and COGS in the County that are in need of financial support to provide services at interim housing sites.

ENVIRONMENTAL IMPACT:

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ANALYSIS:

N/A

DISCUSSION:

Los Angeles County awarded the City $876,000 through the Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund, which is funded with State HHAP 3 funds. These funds will be used to support Interim and Transitional Housing Projects, such as Operation Stay Safe (i.e., Tiny Homes). The funding will ensure that the City can continue to provide interim safe, low-barrier housing and supportive temporary housing to persons experiencing homelessness (PEH). Operation Stay Safe (i.e., Tiny Homes) is a transitional housing model program that is a collaboration with the San Gabriel Valley Regional Housing Trust (SGVRHT) and the San Gabriel Valley Council of Governments (SGVCOG).

The Tiny Homes project was launched on May 18, 2022, and is currently in operation serving 26 participants with ongoing services, housing two (2) in permanent housing. The Fire Department has direct oversight and management of the contract in partnership with SGVRHT for the current site operator: Volunteers of America Los Angeles (VOALA).

VOALA has 15 years of experience working with those who are homeless in the San Gabriel Valley, through which they have become highly involved with the Coordinated Entry System (CES) and build extensive, positive relationships with numerous service providers. VOALA will provide case management, supportive services and oversee day- to-day operations.

Operation Stay Safe is now fully operational with 26 of the 30 tiny homes units occupied with PEH from the City of Montebello. The City’s MCAP team plays an instrumental role in coordinating and overseeing the waitlist for the site. MCAP acts as the gatekeeper and evaluates referrals to the program for eligibility.

SUMMARY:

That the City Council authorize the City Manager to execute a Memorandum of Agreement between the City of Montebello and Los Angeles County to receive funds for Operation Stay Safe; and amend the Fiscal Year 2022-23 budget to appropriate these funds by increasing appropriations by $876,000 in expenditure Account No. 266-85-858- 6040.10 (Interim Housing Services, Fire, Interim Housing Services , Other Contract Services) and $876,000 in revenue Account No. 266-99-4198.30 (Interim Housing Services, Miscellaneous Grants - Interim Housing Services ).

ATTACHMENT(S)

1. Attachment A - CCOGIHSP Draft Agreement

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Montebello City CouncilOctober 12, 2022

Montebello City Council
October 12, 2022