Agenda packet — Montebello City Council, November 10, 2022 (part 3 of 3)

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Topgolf Montebello Guaranteed Maximum Price Proposal
McCarthy Building Companies
Document Listing

TOPGOLF MONTEBELLO

This document supersedes RS1.1
No. Activity City of
Montebllo Topgolf McCarthy
Required for
Construction
Substantial
(McCarthy)
Completion
Required for
Opening Comments
1 Prevailing Wage Rates per 2021-2 x
2 Ownership of Documents x
3 DBIA 530 and DBIA 535 Master agreement contract language on documents x 4 Permit and Plan Check Fees x
5 Insurance Fees as noted on the RS Sheets x
6 Builder's Risk, Cost of Risk, Performance and Payment Bond x 7 Third-party testing & inspections x
8 The WDID (SWPPP) - Permit x
9 The WDID (SWPPP) - BMPs x
10 Utility Service Provider and Meter fees x
11 Utililty Service Connection Fees x
12 Commissioning Agent x
13 Site
14 Steel Net Poles and Barrier Netting (Outfield) x x
15 Artificial Turf (Outfield) x x
16 Artificial Turf and base (Site) x x
17 Mini Golf Course Mini Golf to be deferred
18 Concrete equipment pads for future EV charging stations x x 19 Concrete pad for SoCal Gas Co. xx
20 Dewatering of onsite lakes x
21 Fence or gate at new driveway (if required) x
22 Landscape & irrigation over detention basin (per coordination w/ owner) xx 23 Storm Pumps
24 Pumps, Valves, and gasketing required for the pump system itself as well as the piping connecting the 53A and 53B structures x x Furnished by Topgolf, FOB Jobsite 25 Precast concrete vaults for the storm pump (see 53A and 53B on Sheet 14 of 31 of the Civil Drawings dated 9/6/2022). x x Furnished by Topgolf, FOB Jobsite 26 Control panels for the pumps x x Furnished by Topgolf, FOB Jobsite 27 The furnishing of the pump includes manufacturer start up and training x x Furnished by Topgolf 28 Tax and freight of all the above materials to the job site address x 29 Unloading, assembly, and installation xx
30 Structures other than 53A and 53B (per the Civil drawings dated 9/6/2022) xx 31 Quick connects for the pumps xx
32 Disconnects for the pumps xx
33 Conduit sealant xx
34 Unistrut or mounting structure for the control panels xx 35 Underground Detention
36 CMP 5X1 underground detention system, per the Civil Drawings dated 9/6/2022 x x Furnished by Topgolf, FOB Jobsite 37 1492 LF of 16 ga 5x1 Poly 96” CMP, for a total volume storage of 74,996 CF x x Furnished by Topgolf, FOB Jobsite 38 (2) 96” 90deg elbows x x Furnished by Topgolf, FOB Jobsite 39 (3) 96” tees x x Furnished by Topgolf, FOB Jobsite
40 (2) 36” access risers x x Furnished by Topgolf, FOB Jobsite 41 (5) 96” bulkheads x x Furnished by Topgolf, FOB Jobsite 42 Stubs and banding per Sheet 27 of the Civil Drawings dated 9/6/2022 x x Furnished by Topgolf, FOB Jobsite 43 O-Ring gasketing for the hugger bands x x Furnished by Topgolf, FOB Jobsite 44 Tax and freight of all the above materials to the job site address x 45 Unloading, assembly, and installation xx
46 Bio-infiltration units xx
47 Inlet or outlet pipes xx
48 Fabric or laydown material underneath the detention system xx 49 Any backfill or bedding material xx
50 Fitting reinforcement xx
51 Manhole cap or access grates xx
52 Outfield
53 Steel targets for the outfield x x Furnished by Topgolf, FOB Jobsite 54 (4) Red targets x x Furnished by Topgolf, FOB Jobsite 55 (2) Yellow targets x x Furnished by Topgolf, FOB Jobsite 56 (4) Large targets x x Furnished by Topgolf, FOB Jobsite 57 Corrugated metal walls xx Furnished by Topgolf, FOB jobsite. This document supersedes RS1.1
58 Net connection plates x x Furnished by Topgolf, FOB Jobsite 59 Tunnels and access vaults x x Furnished by Topgolf, FOB Jobsite 60 Ladders x x Furnished by Topgolf, FOB Jobsite
61 Ladder extensions x x Furnished by Topgolf, FOB Jobsite 62 Gap plates and seam sealant (between C channel steel at top of targets) x x Furnished by Topgolf, FOB Jobsite 63 Target interior cabling and netting systems x x
64 Target ball collection hoppers, hoses, and system x x 65 Inner steel rings x x Furnished by Topgolf, FOB Jobsite 66 Tax and freight of all the above materials to the job site address x Furnished by Topgolf, FOB Jobsite 67 Unloading, assembly, and installation x
68 Concrete for the target or access tunnel floors xx
69 Precast structures for the auger pits xx
70 Target install xx
71 Soil corrosivity-resistant spray-on coating for targets xx Responsibility Matrix - Exhibit L.1Topgolf Montebello Responsibility Matrix 10/27/2022 Page 1 of 4

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Topgolf Montebello Guaranteed Maximum Price Proposal
McCarthy Building Companies
Document Listing

TOPGOLF MONTEBELLO

This document supersedes RS1.1
No. Activity City of
Montebllo Topgolf McCarthy
Required for
Construction
Substantial
(McCarthy)
Completion
Required for
Opening Comments
Responsibility Matrix - Exhibit L.1Topgolf Montebello Responsibility Matrix 72 Due to the corrosive nature of the on-site soils, it is assumed that clean stone will be placed around the perimeter of the target structures by Others. A spray-on asphaltic coating could be applied to the steel after installation, prior to backfilling, should the Geotechnical engineer determine a greater protection is required
xx
73 Outfield Sport Lighting x x Furnished by Topgolf, FOB Jobsite 74 Structural Steel, Miscellaneous Steel and Metal Decking 75 Elevator shaft pour stops (shipped loose). x x Furnished by Topgolf, FOB Jobsite 76 Stair 1 and 4 material will be fully galvanized (stringers, pans, rails, etc.) x x Furnished by Topgolf, FOB Jobsite 77 Exposed steel associated with the patio (posts and trellis) and the ML Terrace will be galvanized x x Furnished by Topgolf, FOB Jobsite
78 Yield Link seismic steel connections to account for the high seismic detail criteria. These connections will require a rigid foam expansion joint next to the columns that will be approximately 1” wide
x x Furnished by Topgolf, FOB Jobsite
79 Foam expansion xx
80 Buckling restraint plates and cover plates. x x Furnished by Topgolf, FOB Jobsite 81 5’ net extensions will be provided for the ML and UL Tee Lines. Tubes on top of the extension beam are included. x x Furnished by Topgolf, FOB Jobsite 82 BOH steel without primer (to facilitate application of fire proofing) x x Furnished by Topgolf, FOB Jobsite 83 Additional support steel for operable partition x x Furnished by Topgolf, FOB Jobsite 84 Embed / Anchor bolts for connection to structural steel x x Furnished by Topgolf, FOB Jobsite 85 284 squares of N Deck xx
86 230 squares of 3” composite floor deck xx
87 20 squares of 1.5” composite floor deck xx
88 #10 side lap screws xx
89 Metal deck to come with a G60 galvanized finish xx
90 Vented deck at the Middle Level Terrace xx
91 Tax and freight of all the above materials to the job site address x 92 Unloading, assembly, and installation x
93 Bar steel xx
94 Bollards xx
95 Dumpster posts/gates/trash room door frame and associated embed angles xx 96 Maintenance Bay embed angle xx
97 Roof access ladder at stair 3 xx
98 Roof frames (for mechanical units and roof drains) xx 99 Elevator rail plates (Elevator guide rail supports) xx 100 Any rebar or welded wire reinforcement xx
101 TV attachment steel xx
102 Additional steel supports for glass railings, if required xx 103 Temporary fall protection posts or cabling xx
104 Fireproofing or preparation of steel for fireproofing (except as noted above) xx 105 Expansion joint material for the Yield Link seismic connections xx 106 Additional beam penetrations xx
107 Beam penetrations in CL2 for overflow roof drains at the LL teeline out to the outfield x x Furnished by Topgolf, FOB Jobsite 108 CL2 plates/slots (for the game panel brackets) xx
109 Angle steel bridging adjacent to yield link connections xx 110 Doors & Windows
111 Master key systems - final keying x x Topgolf to provide keying schedule 112 All window flims and tinting x x
113 Specialties
114 Logo signage, directional signage, custom graphics, glass frosting xx 115 Code required signage *x x * Topgolf provides occupancy, bathroom, and elevator signage.
116 Oil recovery system xx
117 Safe (in Office) x x
118 CO2 System xx
119 Waste/Trash disposal (Construction) xx
120 Waste/Trash disposal (Operation) x x
121 AV Racks xx
122 Grease removal service & bins x x
123 Laundry service & bins x x
124 Recycling service & bins (Construction) xx
125 Recycling service & bins (Operation) x x
126 Highchairs x x
127 Booster seats x x
128 Monument signs Not indicated on drawings
129 Lockers x x
130 Safety net at hitting bays x x
131 Equipment
132 Kitchen and bar equipment, walk-in cooler, refrigeration x x Final MEP connections by McCarthy 133 Beer and soda infrastructure xx
134 Point of sale terminals and equipment x x
135 IT room equipment, racks, networking hardware, and gear through out xx 136 Audio-visual equipment and mounting assemblies xx
10/27/2022 Page 2 of 4

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Topgolf Montebello Guaranteed Maximum Price Proposal
McCarthy Building Companies
Document Listing

TOPGOLF MONTEBELLO

The material will come from the manufacturer prefinished as Midnight Black. No other additional sealer or stain is included.
x x Furnished by Topgolf, FOB Jobsite
157 Knotwood trim (starter track, J-mold and outside corners) x x Furnished by Topgolf, FOB Jobsite 158 Tax and freight of all the above materials to the job site address x Furnished by Topgolf, FOB Jobsite 159 Unloading, assembly, and installation x
160 Fasteners and furring material xx
161 Trugrain material (CP-2 and CP-3) xx
162 Painting of furring material xx
163 Self-sealing/adhering flashing tape on Knotwood substructure xx 164 HVAC
165 Carrier Packaged Units, per M3.1 of the Mechanical Drawings dated 9/6/2022 x x Furnished by Topgolf, FOB Jobsite 166 RT-1A x x Furnished by Topgolf, FOB Jobsite
167 RT-1B x x Furnished by Topgolf, FOB Jobsite
168 RT-2 x x Furnished by Topgolf, FOB Jobsite
169 RT-3 x x Furnished by Topgolf, FOB Jobsite
170 RT-4 x x Furnished by Topgolf, FOB Jobsite
171 RT-5 x x Furnished by Topgolf, FOB Jobsite
172 RT-6 x x Furnished by Topgolf, FOB Jobsite
173 RT-7 x x Furnished by Topgolf, FOB Jobsite
174 RT-8 x x Furnished by Topgolf, FOB Jobsite
175 Exhaust / supply fans and vents xx
176 Hood xx
177 Hood control panels xx
178 Tax and freight of all the above materials to the job site address x Furnished by Topgolf, FOB Jobsite 179 Unloading, assembly, and installation x
180 Venstar thermostats xx
181 Disconnects xx
182 Smoke Detectors xx
183 RTU Curbs xx
184 Ductwork (including RTU drops) xx
185 Labor Warranty x
186 Plumbing
187 Water softening equipment & filter x x McCarthy to make final connections 188 Filters for kitchen equipment xx
189 Air Curtains, per M3.1 of the Mechanical Drawings dated 9/6/2022:
190 AC-2 x x Furnished by Topgolf, FOB Jobsite
191 AC-3 x x Furnished by Topgolf, FOB Jobsite
192 Tax and freight of all the above materials to the job site address x Furnished by Topgolf, FOB Jobsite 193 Unloading, assembly, and installation x
194 Venstar thermostats xx
195 Disconnects xx
196 Smoke Detectors xx
197 RTU Curbs xx
198 Ductwork (including RTU drops) xx
199 Labor Warranty x
200 Teeline Non-Misting Fans
201 (52) 24” deep fans x x Furnished by Topgolf, FOB Jobsite 202 Fans shall be 24” diameter, thin profile VK24 style fans by Vosterman which is approved for damp/wet environments but has not been UL tested x x Furnished by Topgolf, FOB Jobsite 203 Oscillator mounts for each column x x Furnished by Topgolf, FOB Jobsite 204 Variable speed controller for each fan, mounted to the column x x Furnished by Topgolf, FOB Jobsite 205 Schaefer oscillator on each fan which has not been UL tested x x Furnished by Topgolf, FOB Jobsite 10/27/2022 Page 3 of 4

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Topgolf Montebello Guaranteed Maximum Price Proposal
McCarthy Building Companies
Document Listing

TOPGOLF MONTEBELLO

This document supersedes RS1.1
No. Activity City of
Montebllo Topgolf McCarthy
Required for
Construction
Substantial
(McCarthy)
Completion
Required for
Opening Comments
Responsibility Matrix - Exhibit L.1Topgolf Montebello Responsibility Matrix 206 Steel arm materials to be installed by others. The steel does NOT come pre-painted to match the structure x x Furnished by Topgolf, FOB Jobsite
207 Tax and freight of all the above materials to the job site address x Furnished by Topgolf, FOB Jobsite 208 Unloading, assembly, and installation x
209 Control wiring xx
210 Controller installation xx
211 Natural Gas Fired Tee Line Infrared Heaters
212 Furnish and assemble (102) natural gas fired, infrared tube heaters x x Furnished by Topgolf, FOB Jobsite 213 Heaters to be two stage heaters with 100,000 BTU/HR high fire and 75,000 BTU/HR low fire. x x Furnished by Topgolf, FOB Jobsite 214 Illuminated heater control panel with simple “HI-LOW-OFF” controls as well as a 1-hour timer function. Timer Shut offs on heaters (Keyed) are not included x x Furnished by Topgolf, FOB Jobsite 215 Unistrut supports similar to the TOPGOLF Colony. x x Furnished by Topgolf, FOB Jobsite 216 Additional supports for the heaters xx
217 The heaters will be furnished with power cords up to 10’ long each. x x Furnished by Topgolf, FOB Jobsite 218 Tax and freight of all the above materials to the job site address x Furnished by Topgolf, FOB Jobsite 219 Unloading and installation (hanging/mounting/gas connections) xx 220 Gas regulators for heaters xx
221 Control wiring between heater control panel and burner unit xx 222 Electrical
223 Switchgear xx
224 Low-voltage data and fiber optic cabling xx
225 Outfield range sports lighting x x Furnished by Topgolf, FOB Jobsite 226 Target LED Lighting xx
227 Light fixtures x x Furnished by Topgolf, FOB Jobsite 228 Dimming switches (Includes light control system) x x Furnished by Topgolf, FOB Jobsite 229 Lamps / bulbs for all fixtures x x Furnished by Topgolf, FOB Jobsite 230 Power systems - distribution panel xx
231 Telephone outlets, conduits, & pull strings x x Topgolf to provide telephone jacks and faceplates 232 Telephone cabling xx
233 Telephone systems xx
234 Phone hold equipment x x
235 Security system - wiring & cabling xx
236 Security system - conduits & pull strings xx
237 Security system - equipment and hook-up xx
238 Security system - access cabling xx
239 AV systems - conduits and pull strings (in walls only) xx 240 AV systems - stereo, speakers & TV's, rack xx
241 AV systems - cabling x x
242 P.O.S. equipment x x
243 P.O.S. equipment - cabling x x
244 P.O.S. equipment - receptacles xx
245 P.O.S. equipment - conduit & pull strings xx
246 P.O.S. equipment - UPS xx
247 Fire system - conduit for ansul system w/ pull strings xx 248 Fire system - fire alarm & cabling xx
249 CCTV - equipment & hook-up x x
250 CCTV - wiring & cabling x x
251 CCTV - conduits & pull strings xx
252 Data - cabling & rack xx
253 Data - conduits & pull strings xx
254 Data - wiring xx
255 Primary & secondary conductors x x Provided by SCE
256 FAA lighting at outfield poles (if required) x x Furnished by Topgolf, FOB Jobsite 257 ERRCS DAS (if required) xx
258 Lightning protection (if required) xx
259 Light poles in Parking Lot xx
260 Utilities
261 All utility meters x x Furnished by Topgolf, FOB Jobsite 262 Utility connection costs xx
263 Utilities in and running through Topgolf Way x x
10/27/2022 Page 4 of 4

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9 LOGISTICS PLAN

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Logistics Plan

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McCarthy Building Companies

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Logistics Plan

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McCarthy Building Companies

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Logistics Plan

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McCarthy Building Companies

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EXHIBIT D
Contractor’s GMP
(Included within Exhibit C)

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MONTEBELLO DRIVING RANGE PROJECT – TOPGOLF MONTEBELLO
(GMP Certification )
TO THE CITY OF MONTEBELLO, as “AGENCY” or “City”
In accordance with the Contract Documents, the undersigned CONTRACTOR hereby agrees to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefor and to perform all work in the manner and time prescribed therein.

The undersigned CONTRACTOR declares that the Guaranteed Maximum Price established in the Contract Documents is based upon careful examination of the work site, the proposed work, Plans and Specifications, Conditions of the Contract, and all other Contract Documents, and hereby agrees to do all the work in accordance with said specifications for the amounts set forth below.

The undersigned proposes to furnish all materials, labor, and equipment required for the construction to complete the Montebello Driving Range Project – Topgolf Montebello – (CP No. XXXX) including:
________________________________.

The Guaranteed Maximum Price is provided using a Lump Sum only.

1. LUMP SUM GURANTEED MAXIMUM PRICE (GMP ):

The Guaranteed Maximum Price for the Work complete according to the Contract Documents will be:
( $ ) ( ) Lump sum GMP in figures Lump sum GMP in words
_____________________________________________________________________________ Contractors’ Signature Title
_____________________________________________________________________________ Company Name
RECEIPT OF ALL CONTRACT DOCUMENTS IS/ARE HEREBY ACKNOWLEDGED.

Before signing the contract, the Contractor shall furnish all necessary bonds within ten (10) days after receiving the Contract notification. This GMP is based upon completing the work in _________ (_____) working days from the date of the Notice to Proceed.

After awarding the contract, the City will contact the Contractor and inform him/her to submit signed contract, and required bonds and insurances to the City within ten (10) calendar days. Upon approval of the contract by City Council, and receipt of signed Contract Documents, the City will issue the “Notice to Proceed with Construction”.
_____________________________________________________________________ SIGNATURE OF CONTRACTOR _______________________ TEL NO. (____)____________ BUSINESS ADDRESS ________________________________________________

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CONTRACTOR'S LICENSE
NUMBER & EXPIRATION DATE ___________________________________________ TYPE OF LICENSE ___________________________________________ I declare under penalty of perjury that the foregoing is true and correct. ______________________________, dated this ___ day of _ _________, 20__.

CONTRACTOR'S SIGNATURE

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EXHIBIT “E”
Payment Application

ATTACH CITY STANDARD OR AIA FORM

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EXHIBIT “F”
Responsibility Matrix
(Included within Exhibit C)

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Exhibit “G”
Lien Release Forms
A. Conditional Waiver and Release upon Progress Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a progress payment, and the claimant has not yet been paid. This form is useful when the claimant is not yet paid, but will be paid out of a progress payment that is not the final payment. This conditional waiver and release is only effective if the claimant is actually paid. This release does not cover all items.

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON

SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant: _____________________________________________________________________ Name of Customer: _____________________________________________________________________ Job Location: __________________________________________________________________________ Owner: _______________________________________________________________________________ Through Date: _________________________________________________________________________ Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Maker of Check: ________________________________________________________________________ Amount of Check: $ _____________________________________________________________________ Check Payable to: _______________________________________________________________________ Exceptions:

This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment.

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(3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:
(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Date(s) of waiver and release: _____________________________________________________________ Amount(s) of unpaid progress payment(s): $ _________________________________________________ Signatures
Claimant's Signature: ____________________________________________________________________ Claimant's Title: ________________________________________________________________________ Date of Signature: _______________________________________________________________________ B. Unconditional Waiver and Release upon Progress Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a progress payment, and the claimant asserts in the waiver that he or she has received the progress payment. This release does not cover all items.

UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP

PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

Identifying Information
Name of Claimant: _____________________________________________________________________ Name of Customer: _____________________________________________________________________ Job Location: __________________________________________________________________________ Owner: _______________________________________________________________________________ Through Date: _________________________________________________________________________ Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $ ____________________ Exceptions

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This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signatures
Claimant's Signature: ____________________________________________________________________ Claimant's Title: ________________________________________________________________________ Date of Signature: _______________________________________________________________________ C. Conditional Waiver and Release upon Final Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment, and the claimant has not yet been paid. This release is only binding if there is evidence of payment to the claimant.

Evidence of payment may be demonstrated by: (a) The claimant's endorsement on a single check or a joint check that has been paid by the bank upon which it was drawn; or (b) Written acknowledgment of payment given by the claimant.

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON

SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant: _____________________________________________________________________ Name of Customer: _____________________________________________________________________ Job Location: __________________________________________________________________________ Owner: _______________________________________________________________________________ Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Maker of Check: ________________________________________________________________________ Amount of Check: $ _____________________________________________________________________

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Check Payable to: _______________________________________________________________________ Exceptions
This document does not affect any of the following:

Disputed claims for extras in the amount of: $_________________________________ Signatures
Claimant's Signature: ____________________________________________________________________ Claimant's Title: ________________________________________________________________________ Date of Signature: _______________________________________________________________________ D. Unconditional Waiver and Release upon Final Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment and the claimant asserts in the waiver that he or she has received the final payment.

UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP

Identifying Information
Name of Claimant: _____________________________________________________________________ Name of Customer: _____________________________________________________________________ Job Location: __________________________________________________________________________ Owner: _______________________________________________________________________________ Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.

Exceptions
This document does not affect the following:

Disputed claims for extras in the amount of: $ __________________________________ Signatures
Claimant's Signature: ____________________________________________________________________

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Claimant's Title: ________________________________________________________________________ Date of Signature: _______________________________________________________________________

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ARTICLE 16 - PUBLIC WORKS DISCLOSURES AND FORMS
PART 1 - DESIGNATION OF SUBCONTRACTORS
California Public Contract Code 6109

The City of Montebello cannot permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project.

In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 4100, Division 5, Title 1 of the California Public Contract Code) and any amendments thereof, the Contractor shall set forth below: (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract in an amount in excess of one-half of one percent of the contractor's GMAX, and (b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor.

If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total GMAX, the prime contractor shall be deemed to have agreed that he/she is fully qualified and will perform that portion themselves.

The prime contractor shall not (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or (c) subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total GMAX as to which Contractor’s original GMAX did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total GMAX as to which no subcontractor was designated in the original GMAX shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.

California Public Contract Code 7104

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Contractor shall, in any activity involving trenching more than four feet deep, notify the Engineer of hazardous materials, subsurface or latent physical site conditions different from those indicated and any unusual site conditions. Contractor shall, in contracts exceeding $25,000, provide detailed plans for trenches or excavations of five feet or more in depth. Cal. Lab. Code § 6705.

Bidder’s List of Subcontractors

As of March 1, 2015 Contractors (and sub-contractors) wishing to perform work on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at:
https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm

In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total GMAX or $10,000 (whichever is greater). Photocopy this form for additional firms.

Contractor License
Number
Subcontractor Name and Location
Line Item # or
Description of Work Subcontract Amount Percentage of Total GMAX DIR Reg Number
Name:

_______________________________________
City, State

Name:

_______________________________________
City, State

Name:

_______________________________________
City, State

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Name:

_______________________________________
City, State

Name:

_______________________________________
City, State
Name:

_______________________________________
City, State

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PART 2 – CONTRACTOR CERTIFICATIONS

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The Contractor _________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by contractors and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

PUBLIC CONTRACT CODE

Public Contract Code Section 10285.1 Statement

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the contractor hereby declares

under penalty of perjury under the laws of the State of California that the contradctor has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "contractor" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The contractor must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Contractor Documents. Signing the Contract Documents on the signature portion thereof shall also constitute signature of this Statement.

Contractors are cautioned that making a false certification may subject the certifier to criminal prosecution.

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Public Contract Code Section 10162 Questionnaire

In conformance with Public Contract Code Section 10162, the Contractor shall complete, under penalty of perjury, the following questionnaire:

Has the Contractor, any officer of the contractor, or any employee of the contractor who has a proprietary interest in the contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?

Yes _____ No _____

If the answer is yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement

In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Contract Documents. Signing the Contract Documents on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Contractors are cautioned that making a false certification may subject the certifier to criminal prosecution.

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Non-collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)

To the CITY MONTEBELLO
DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the contractor declares that the GMAX is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the GMAX is genuine and not collusive or sham; that the contractor has not directly or indirectly induced or solicited any other contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any contractor or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the GMAX price of the contractor or any other contractor , or to fix any overhead, profit, or cost element of the GMAX price, or of that of any other contractor, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Contract Documents are true; and, further, that the bidder has not, directly or indirectly, submitted his or her GMAX price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Contract Documents. Signing the Contract Documents on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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NON-COLLUSION AFFIDAVIT

The undersigned is submitting a GMAX for performing the following work by contract, being duly sworn, deposes and says:

That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

______________________________

______________________________
(Fill in description of contract)

______________________________
Company

______________________________
Name of Contractor

______________________________
Signature of Bidder

______________________________
Business Address

______________________________
City State Zip Code

Subscribed and sworn to before me this _____day of ___________________, 20__ __.

______________________________ Notary
Public in and for the County of

______________________________, State of California.

My Commission Expires ___________________, 20__ __.

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DEBARMENT AND SUSPENSION CERTIFICATION

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The contractor, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Contract Documents. Signing the Contract Documents on the signature portion thereof shall also constitute signature of this Certification.

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NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS

The CONTRACTOR, by signing and submitting the Contract Documents, to the best of his or her knowledge and belief, that:

(l) 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 Federal 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 Federal 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 of Lobbying Activities," in conformance with its instructions.

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.

The contractor also agrees by submitting the GMAX proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

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DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract

a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter ________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______, if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ___________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13
.

Type of Payment (check all that apply)
$______________ actual planned a. retainer
b. one-time fee

12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _____________ e deferred value f. other, specify_________________________

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:________________________________________
Print Name: ______________________________________
Title:____________________________________________
Telephone No.: _____________________Date:__________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL

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INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered Federal action.

Attach a continuation sheet for additional information if the space on the form is inadequate.

Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1).

If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment

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has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box. Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF»

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CONTRACTOR’S VIOLATION OF LAW/SAFETY QUESTIONNAIRE

FOR

MONTEBELLO DRIVING RANGE PROJECT – TOPGOLF MONTEBELLO
(Owner – Construction Manager GMAX Contract )
In accordance with Government Code Section 14310.5, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE

Has the Contractor, any officer of the bidder or any employee of the Contractor who has a proprietary interest in the Contractor ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?

Yes_________ No_________

If the answer is yes, explain the circumstances in the space provided.

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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE

CONTRACTOR certifies that in all previous contracts or subcontractors, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION

CONTRACTOR certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded thereunder.

Furthermore, CONTRACTOR certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

NON-COLLUSION AFFIDAVIT

CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud.

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CONTRACTOR’S INFORMATION

CONTRACTOR certifies that the following information is true and correct:

Contractor’s Name ___________________________________________________________

Business Address: __________________________________________________________

___________________________________________________________

Telephone ___________________________________________________________

State Contractor’s License No. and Class: ________________________________________

Original Date Issued ____________________ Expiration Date ______________________

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
__________________________________________________________________________

__________________________________________________________________________

The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows:
__________________________________________________________________________

__________________________________________________________________________

All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
__________________________________________________________________________

__________________________________________________________________________

IN WITNESS WHEREOF, CONTRACTOR executes and submits this proposal with the names, title, hands, and seals of all forenamed principals this ___________ day of _____________, 20___.

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The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.

____________________________________
Signature of Contractor’s Representative

____________________________________
Printed Name

____________________________________
Title

Subscribed and sworn to this _________ day of _____________________,20_______.

NOTARY PUBLIC _____________________________________________________

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DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CONTRACTOR

REGISTRATION NUMBER FORM

Department of Industrial Relations (DIR) Contractor
Registration Number

Beginning July 1, 2014, contractors must register with the Department of Industrial Relations (DIR) before bidding on public works contracts in California. For more information, please refer to this section of the Department of Industrial Relations Website: http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Per this requirement, provide the following information:

______________________________________________________________________ Contractor Name

Contractor Department of Industrial Relations Registration Number:

______________________________________________________________________ Expiration Date of Registration Number

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PART 3 – BONDING REQUIREMENTS

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 fees, 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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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: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared ___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached)

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APPROVED AS TO FORM:
_________________________
City Attorney

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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.

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:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work 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 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.

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

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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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Warranty Bond

PUBLIC WORKS (CALIFORNIA)
WHEREAS, the City Council of the City of _____________________________, State of California, and ________________________________________________, (hereinafter designated as "Principal") have entered into a written Agreement (the "Agreement") dated ________________________ whereby Principal agrees to install and complete certain designated public improvements, which Agreement is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

NOW, THEREFORE, we, the Principal and __________________________________ ______________________, a corporation organized under the laws of ____________________, and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of _____________________________, (hereinafter called "City"), in the penal sum of ____________________________________________________________________________Dollars, ($__________________) lawful money of the United States, which is 50% of the 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 abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true 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.

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 thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

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

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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--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California )
)
County of _______________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared __________________________________________ _____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM:
__________________________
City Attorney
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

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this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California.

--OR--

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

State of California )
)
County of ___________________________ )

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

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

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

APPROVED AS TO FORM:

________________________
City Attorney

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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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RESOLUTION NO. 22-84

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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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RESOLUTION NO. 22-84

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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 10th day of November 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 10 th day of November 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 # 3

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, City Manager
BY: James Enriquez, Director of Public Works
SUBJECT: AWARD OF CONSTRUCTION CONTRACT - MONTEBELLO
MUNICIPAL GOLF COURSE RENOVATION PROJECT PHASE 2 (CP
NO. 894-2)
DATE: November 2, 2022
RECOMMENDATION(S):

It is recommended that the City Council and Public Financing Authority:

1. Award a construction contract for the Montebello Municipal Golf Course Renovation Project Phase 2 (CP No. 894-2) in the amount of $9,664,658 to American Landscape, Inc.; and

2. Authorize the Director of Public Works to review and approve change orders within a five percent (5%) contingency of the contract amount; and

3. Authorize the City Manager to execute the Contract Agreement on behalf of the City; and

4. Approve the updated Total Project Budget (Attachment A); and

5. Approve the Notice of Exemption (Attachment D) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar-Recorder; and

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

FISCAL IMPACT:

On September 14, 2022, the City Council authorized the sale of lease revenue bonds (Series 2022A) in an amount not-to-exceed $16.5 million to fund the design and construction of the Golf Course Renovation Project. The recommended agreement is a

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SPECIAL CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 2, 2022

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project expense and will be paid from bond proceeds.

Staff will create a separate capital project fund to track design and construction costs related to the Golf Course Renovation Project, as well as the bond proceeds recognized as revenue. The bonds were priced and sold the last week of September 2022. Project funds will be made available through the trustee (i.e., BNY Mellon Bank) and bond proceeds will be used to reimburse the City for related architectural, engineering, design and construction costs for this project (i.e., soft and hard costs).

Subsequent actions will be presented to the City Council to appropriate funds for this capital project in a newly created capital project fund. No budget amendment is necessary at this time. Details on project costs can be found in the Total Project Budget, Attachment A.

BACKGROUND/DISCUSSION:

The City Council approved a Sublessee Development and Participation Agreement with Topgolf on March 24, 2021 for the Driving Range Relocation Project (“DRR Project”).

The DRR Project is adjacent to the Montebello Municipal Golf Course Renovation Project (“GCR Project”) and is located along the Via Campo frontage of the golf course campus.

The GCR Project proposes to renovate a portion of the existing Montebello Municipal Golf Course property located immediately south of the DRR Project and northwest of the Quiet Cannon event center. The GCR project area is approximately 72.5 acres of the golf course campus. The proposed project will replace the existing 18-hole golf course with a new and modern first-class championship golf course complex that will complement the adjacent Topgolf facility and existing hotels and Quiet Cannon event center. The project will include a new 9-hole championship golf course with a new club house and putting green complex and a new 6-hole (10-hole at night) Par 3 golf course with lights.

The construction of the Golf Course Renovation Project will be phased as follows:
Phase 1 – Golf course rough site work construction (Civil Contractor) including rough grading, underground and utilities construction, pavement and concrete flatwork;
Phase 2 – Golf course construction (Golf Course Contractor) including finished grading, construction of golf course features (i.e. tee boxes, fairways, greens and sand traps), turf and landscaping; and
Phase 3 – Clubhouse construction.

On August 1, 2022, the City Council authorized the publishing of the Notice Inviting Bids for all three phases.

Construction of golf courses is a specialized construction market with a limited number of experienced golf course construction contractors. Therefore, the bidding for Phase 2

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utilized a contractor pre-qualification process in accordance with California Public Contract Code Section 20101 (enacted into law by Assembly Bill 574 in 1999) in order to ensure the low bidder would have adequate experience in golf course construction and the financial resources for a contract of this magnitude. On August 4, 2022, a Request for Contractor Prequalification (RFCP) was issued. The RFCP was developed based on the California Labor Commissioner’s Model Questionnaire (March 2019 revision) and was tailored for this project. On August 11, 2022 a mandatory virtual pre- proposal meeting was held and on August 30, 2022 the City received three (3) prequalification proposals in response to the RFCP from: 1) Marina Landscape, Inc.; 2) American Landscape, Inc.; and 3) Frontier Construction Company dba Frontier Golf.

Staff scored the proposals and two potential bidders were determined to meet the qualifications including American Landscape, Inc. and Frontier Golf.

The Notice Inviting Bids was distributed to the prequalified bidders on September 27, 2022, in accordance with the CA Public Contract Code. The notice, plans and specifications were also posted on Planet Bids through the City of Montebello’s Website, per the City’s municipal code, Chapter 3.20 et al, with bid submittal restricted to prequalified bidders.

On October 28, 2022 at 10:00 AM, ONE (1) bid was received and opened publicly, as follows:

American Landscape, Inc. $ 9,664,658

The bid from American Landscape, Inc. was analyzed and determined to be a responsive and responsible bid. Award of a construction contract to American Landscape, Inc. in the amount of $9,664,658 is recommended.

The anticipated project schedule is as follows:

Award of Contract November 2, 2022 Start Construction November 2022 Complete Construction November 2023 Construction management and inspection for all phases will be performed by AIM Consulting Services, one of the City’s as-needed construction management/inspection consultants.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301, the recommended improvements are categorically exempt under Class 1(c) for existing facilities. Under CEQA, a project is exempt if the scope of work is limited to the repair, maintenance, and minor alterations of an existing facility and involves negligible or no expansion of the existing or former use. The project does not change the existing use as a golf course and, furthermore, that use is actually reduced since the project will replace an 18-hole golf course with a 9-hole golf course and a smaller 6-hole par 3 golf

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course.

ANALYSIS:

In light of the volatility of the construction market in the past few years due to inflation and other pandemic-related supply chain issues, a specialized construction estimating firm, Elkin Construction Services (ECS) was included in the design team of consultants to provide independent and detailed construction estimates for the project. ECS provides current material and labor pricing that reflect current market conditions so that escalation in bid prices from previous project estimates can be identified and used to evaluate bids received.

ECS prepared an estimate from the bid set of plans and priced the Phase 2 bid at $9,875,856 verifying that the bid from American Landscape, Inc. is within the expected market value of the work. Therefore, although American Landscape, Inc. was the only bid received, rebidding the project is not anticipated to result in a substantially lower bid.

In fact, rebidding will not only result in additional administrative costs for the project as well as increased costs from additional price escalation, which will likely delay the completion of the work beyond the grass growing season. Delay beyond the grass growing season will likely require considerable additional costs for sod in-lieu of grass sprigging in order to meet the scheduled grand opening of the TopGolf facility (December, 2023).

The Total Project Budget (TPB) is included in Attachment A. The total amount budgeted and previously approved for this project is $20,300,000. A summary of the projected cost is included in the TPB and there are sufficient project funds available for the recommended agreement with American Landscape, Inc.

SUMMARY:

Upon approval of the recommended actions, staff will execute the contract agreement with American Landscape, Inc. and coordinate the completion of the Project.

ATTACHMENT(S)

1. Attachment A - Total Project Budget

2. Attachment B - Agreement No. 4041

3. Attachment C - Notice of Exemption
NEXT STEPS:

N/A

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ATTACHMENT A

MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT

C.P. No. 894

TOTAL PROJECT BUDGET

Project Expenses
Estimated
Cost
Conceptual Pre-Design Project Development (Trend Sports, LLC) (Auth 10/12/22) $494,705
Program Management Service (AIM CS – Auth 11/10/21) $382,720 Additional Services (Auth7/27/22 ) $188,841
Architectural/Engineering Design Service (Sportfive – Auth 11/10/21) $1,238,290 Additional Services (Auth 5/11/22) $188,790
Additional Services (Auth 7/27/22) $149,980
Additional Services (Administrative Auth 10/3/22) $ 7,928 Construction Management / Inspection – (Auth 10/12/22) $1,283,543 Phase 1 – Grading & Utilities Construction
(Los Angeles Engineering, Inc.) – (Auth 10/12/22) $5,094,000

Phase 1 Construction Contingency (5%) $254,700
Phase 2 – Golf Course Construction
(American Landscape, Inc.) - (Recommended) $9,664,658
Phase 2 Construction Contingency (5%) $483,233
Irrigation Pump Station Purchase (MCI-Flowtronex – Auth 9/28/22) $295,000 Utilities (Installation and Fees) $573,612
Total Projected Cost: $20,300,000
Total Authorized Project Budget: $20,300,000

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AGREEMENT NO. 4041

CITY OF MONTEBELLO

STANDARD PUBLIC WORKS AGREEMENT
THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on November 10, 2022 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and AMERICAN LANDSCAPE, INC., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional contractor to provide work consisting of the construction of rough site work, utilities and pavement for the Montebello Municipal Golf Course Renovation Project (PHASE 2) (C.P. No. 894-2) (“PROJECT”); and
WHEREAS, on November 2, 2022, the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT; and
WHEREAS, CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, the CONTRACT DOCUMENTS for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Addendums, CONTRACTOR’s Bid for the PROJECT, Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the “Agreement Documents” are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.

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

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

2. CONTRACTOR’S October 28, 2022 electronic bid

3. Standard drawings

4. Details

5. Special provisions, if any

6. General specifications and all referenced specifications SECTION 2. THE WORK

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

SECTION 3. TERM; AND TIME FOR COMPLETION
a
. The work shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY. Work for the PROJECT shall be completed within thirty-five (35) working days from the issuance of the Notice to Proceed. This Agreement shall expire three (3) months from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional three (3) months upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by the CITY’s applicable, department head.

SECTION 4. COMPENSATION

CONTRACTOR hereby agrees to receive and accept the total amount of Nine Million Six Hundred and Sixty-Four Thousand Six Hundred and Fifty-eight dollars ($9,664,658), which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

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C
ITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.

4.1. Progress Payments
Progress Payments shall be made in accordance with section the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.50. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.

4.2. Retention of Funds
Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council of the CITY (“City Council”), after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute.

CITY’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

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

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m
oneys to CONTRACTOR. Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.

SECTION 5. UNDOCUMENTED WORKERS

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

SECTION 6. NOTICE TO PROCEED

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within 60 Working Days from the commencement thereof.

SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS
a
. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB-CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:

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

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

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order.

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d
. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement.

CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS
8 .1. CONTRACTOR License.

CONTRACTOR shall possess a california CONTRACTOR’s license type Class A for the performance of the Project.

8.2. Ineligible CONTRACTOR Prohibited.

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

8.3. Compliance with SB 854 Registration.

This PROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded an Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).

8.4. Trench and Pipeline Safety.

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

8.5. Utility Relocation.

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

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C
ONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

8.6. Third Party Claims Notification.

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

8.7. Unfair Business Practices Claims.

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

8.8. Day’s Work.

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

8.9. Payroll Records.

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

8.10. Employment of Apprentices.

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

CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint

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

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

SECTION 9. PREVAILING WAGES
a
. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relations (“DIR”) Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County. Wage rates shall conform with those posted at the DIR website and the Project site.
b. The following Labor Code sections are hereby referenced and made a part of this Agreement:

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a
. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by

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t
he sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.

SECTION 11. BONDS
a
. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a Performance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.
b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”
c. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Warranty Bond in the amount of 50% of the Agreement price, conditioned upon the guaranty and warranty of the work and labor and materials in connection with the work performed on the Project pursuant to this Agreement in the form attached hereto as Exhibit “D.”
SECTION 12. INSURANCE REQUIREMENTS

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a
. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR. b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
SECTION 13. LIQUIDATED DAMAGES
T
he CITY and CONTRACTOR agree that the determination of actual damages to the CITY for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore, if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the CITY for the sums listed in Paragraph 1.08 of Section 01- 00-00 (Project General Requirements) of the Project Manual and Special Provisions as liquidated damages.

SECTION 14. DISPUTE RESOLUTION
1 4.1. Claims of $375,000 or Less
a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.

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(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

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

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

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

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

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

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

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

SECTION 15. TERMINATION.
1 5.1. Termination for Convenience.

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

15.2 Termination for Default.

If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement 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.

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1 5.3 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 all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

SECTION 17. COMPLIANCE WITH APPLICABLE LAWS

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

SECTION 18. NOTICE OF COMPLETION
Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices

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STANDARD PUBLIC WORKS AGREEMENT NO. 4041

Page 12 of 15 ends

f
iled 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 the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.

SECTION 21. ATTORNEY’S FEES AND COSTS

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

SECTION 22. INDEPENDENT CONTRACTOR

CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent CONTRACTOR. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as 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

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STANDARD PUBLIC WORKS AGREEMENT NO. 4041

Page 13 of 15 ends

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

To the CITY: City of Montebello
A
ttn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
W
ith 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]
T
o CONTRACTOR: _________________________
Attn: _____________________
___________________
___________________
___________________
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving 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 ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event

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STANDARD PUBLIC WORKS AGREEMENT NO. 4041

Page 14 of 15 ends

o
f 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. 4041

Page 15 of 15 ends

I
N 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
AMERICAN LANDSCAPE, INC.
(“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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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.

C
ONTRACTOR 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 Insurance 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 limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.

2. Automobile Liability.

C
ONTRACTOR 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.

C
ONTRACTOR shall carry and maintain worker’s compensation in the amount of

Page 242 of 259 ends

$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 req uire 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 b e 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 c overage 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 bro ught, except with respect to the limit of the insurer's liability.

7. Qualifications of Insurer.

All policies of insurance shall be issued by an ins urance 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.

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9. Payment of Premiums.

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

10. Evidence of Insurance and Claims.

CONTRACTOR shall provide certificates of insurance to the CITY as evidence of insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

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(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 t o 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 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 und ertakings, covenants, terms, conditions, and agreements of any and all duly authorized modificat ions of said Agreement that may hereafter be made, then this obligation shall be void; otherw ise it shall be and remain in full force and effect.

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its o bligations 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 ce rtificate verifies only the identity of the individ ual who signed the document to which this certificate is at tached, and not the truthfulness, accuracy, or vali dity 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 evide nce to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge d to me that he/she/they executed the same in

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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 o f 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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(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) ref erred 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 b ond to secure claims made under Civil Code Sections 9550-9554..

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

If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fail s 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

Page 248 of 259 ends

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 su it and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the Sure ty 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 labo r, materials, or equipment therefor, nor by any change or modification of any terms of payment or e xtension 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 al l 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, com mencing 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 o f 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 _____, Sta te of California.

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--OR--

A notary public or other officer completing this ce rtificate verifies only the identity of the individ ual who signed the document to which this certificate is at tached, and not the truthfulness, accuracy, or vali dity 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 evide nce to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge d 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 o f 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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(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 writ ten Agreement (the "Agreement") dated ________________________ whereby Principal agrees t o install and complete certain designated public improvements, which Agreement is hereby referred to and made a part hereof; and

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

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

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 th e above bounded principal, his or its heirs, executors, administrators, successors or assigns, s hall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, an d 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 obligat ion shall become null and void; otherwise it shall be and remain in full force and effect.

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

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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 thereunder or the specifications accompanying the same shall in anywise affect its o bligations 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 Warranty Bond are true and correct, an d 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--

A notary public or other officer completing this ce rtificate verifies only the identity of the individ ual who signed the document to which this certificate is at tached, and not the truthfulness, accuracy, or vali dity 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 tha t 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.

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I certify under PENALTY OF PERJURY under the laws o f 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

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

--OR--

A notary public or other officer completing this ce rtificate verifies only the identity of the individual who signed the document to which this ce rtificate 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 a ppeared ___________________________________________________________________, who proved to me on the basis of satisfactory evide nce 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

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his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

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

APPROVED AS TO FORM:

________________________
City Attorney

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ITEM # 4

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, City Manager
BY: James Enriquez, Director of Public Works
SUBJECT: REPORT OF EMERGENCY WATER SYSTEM REPAIRS
DATE: November 10, 2022
RECOMMENDATION(S):

It is recommended that the City Council and Public Financing Authority:

1. Receive and file the City Manager’s report of two emergency repairs to the City’s Water System pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and

2. Determine and find that the Water System repairs are required to prevent a catastrophic failure of a portion of the system affecting the domestic and fire suppression water supply to numerous commercial and residential customers; and

3. By a four-fifths vote of the City Council authorize the dispensing of a formal bidding procedure for the Water System repairs, in accordance with California Public Contract Code Section 22035 and Montebello Municipal Code Chapter

3.20.140; and

4. Authorize the City Manager to finalize a standard construction agreement with Mike Bubalo Construction Co. for the replacement of the fire suppression service for the Quiet Cannon and Hilton Garden Inn at an estimated total cost of $400,000; and

5. Authorize the City Manager to increase the Fiscal Year 2022-23 Purchase Order for San Gabriel Valley Water Company for Agreement No. 2883 in the amount of $125,000 for the replacement of a failing pressure reducing valve located at 2323 Via Campo; and

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SPECIAL CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 10, 2022

Page 2 of 4 ends

6. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $525,000 in Account No. 605-99-6040.55 (Water Fund, Contract Services – Water System Maintenance) for the emergency repairs; and

7. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

The recommended emergency Water System repairs are estimated to cost an aggregate not-to-exceed amount of $525,000. The total cost will be paid from the Water Fund, Account No 605-99-6040.55 (Water Fund, Contract Services – Water System Maintenance). The Water Fund has sufficient fund balance to pay for these additional, unanticipated, emergency expenses. A budget amendment is necessary to increase appropriations by $525,000 in the aforementioned Water Fund account.

BACKGROUND:

Quiet Cannon and Hilton Garden Inn Fire Suppression Service

The construction of the golf course project is scheduled to begin on November 14, 2022. Preconstruction activities began on October 17, 2022, including shutdown of the existing irrigation systems within the project area that will be removed as part of the construction. When the irrigation system serving the golf greens was shut down, the alarms for the fire suppression systems for both the Quiet Cannon and the Hilton Garden Inn (HGI) were activated, indicating a loss of water pressure rendering the building fire sprinklers nonoperational. After exploratory excavations, it was confirmed that the fire suppression water service for both buildings was tapped off of the irrigation system. This connection was not anticipated since it is not documented on any plans available for the existing campus and the date the fire service was constructed is unknown. Furthermore, the documented domestic and fire water services for the buildings are provided by Cal Water from the north end of Via San Clemente near the intersection with Via Breve. The undocumented connection from the south to the irrigation system is suspected to have been constructed because the Cal Water services do not provide sufficient pressure.

The City’s Fire Marshall was consulted and determined that the existing fire service never met minimum California Fire Code requirements since it is not a dedicated line from a public water main and has multiple branches (i.e. the numerous irrigation circuits/heads within the golf course) that can draw water volume and pressure from the fire service in the event that the building fire sprinklers are triggered simultaneously with the irrigation system. This adversely impacts the allowable occupancy for the Quiet Cannon and the hotel. The Fire Marshall advised that this deficiency must be corrected immediately.

As an interim measure, the irrigation system has been turned off to ensure that the fire suppression systems will not be adversely affected in the event of a fire in the buildings.

However, the golf course construction cannot proceed until the existing irrigation system is shut off. Therefore, the replacement of the fire service is not only required to meet

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SPECIAL CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 10, 2022

Page 3 of 4 ends

California Fire Code requirements but also to allow the golf course construction to proceed as scheduled.

2323 Via Campo Pressure Reducing Valve Replacement

On November 2, 2022, San Gabriel Valley Water Company notified the City that maintenance staff had completed a routine inspection of a pressure reducing valve (PRV) located in the shopping center at 2323 Via Campo. The inspection revealed that the PRV internal components are severely corroded and the valve is in imminent danger of a sudden and unpredictable catastrophic failure. Failure of the valve could result in the entire shopping center losing domestic and fire suppression water service for as much as a week while the repair is completed. The businesses would be required to close until water service is restored. The scheduled repair is recommended as soon as possible to prevent an unscheduled shutdown of the water system. Furthermore, scheduling the repair will allow minimal impact on the business by ensuring the materials are available at the time of the repair and by scheduling the shutdown at a time that minimizes impacts to the businesses.

ENVIRONMENTAL IMPACT:

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

ANALYSIS:

In response to the Fire Marshall’s analysis regarding the fire service to the Quiet Cannon and Hilton Garden Inn and to avoid a shutdown of both faciities, Mike Bubalo Construction Co. was issued a Notice to Proceed (NTP) with the fire service replacement at a not-to-exceed cost of $400,000. The NTP was issued without bidding under the City Manager’s authority in accordance with Section 3.20.140 of the Montebello Municipal Code. Pursuant to MMC Section 3.20.140, the City Manager has the vested authority in cases of emergency “to order any direct and immediate action necessary to repair or replace a public facility, procure the necessary equipment, services and supplies for the purposes of addressing the emergency, without giving notice for bids to let contracts….” Upon taking such action, the City Manager is required to provide a report to City Council of such action at the next regular City Council meeting; as such this report provides such notice.

SGVWC was also issued an NTP with the valve replacement in order to speed up ordering of materials. The work is anticipated to be completed for an amount not-to- exceed $125,000 and will be added to SGVWC’s existing, annual Purchase Order under Agreement No. 2883. Under this agreement, SGVWC operates the City Water System and provides routine maintenance. The recommended repair is a major repair/replacement and does not fall within the scope of routine maintenance covered by Agreement No. 2883. Therefore, this work will be completed at an additional fee.

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SPECIAL CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 10, 2022

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SUMMARY:

The City Council is being asked to receive and file the City Manager’s report regarding the emergency Water System repairs at two locations. Additionally, the City Council is being asked to consider authorizing the City Manager to approve an agreement with Mike Bubalo Construction Co. in the amount not-to-exceed $400,000 and increase the annual Purchase Order with San Gabriel Valley Water Company under Agreement No. 2883 in the amount not-to-exceed $125,000, utilizing the emergency contracting process per California Public Contract Code Section 22035 and Montebello Municipal Code Chapter 3.20.140.

The City Council will also consider amending the adopted Fiscal Year 2022-23 budget by increasing appropriations by $525,000 in the Water Fund (Account No. 605-99- 6040.55, Water Fund, Contract Services – Water System Maintenance).

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Montebello City CouncilNovember 10, 2022

Montebello City Council
November 10, 2022