Montebello City Council
June 28, 2023

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

The DBELO and or their support staff’s duties include, but are not limited to, the following activities:
• Analyze and revise DBE program policies and procedures as necessary. • Submit updates to the U.S. DOT, regarding any significant changes to the City’s DBE Program.
• Works with the City departments and DBE consultant to perform goal-setting analysis, establish methodology, and calculate overall triennial DBE goals. • Review triennial/overall DBE goal commitments at the end of each Federal Fiscal Year (FFY); analyze any goal shortfall(s); provide to the FTA (within 90 days after FFY end), a written analysis of why the overall goal was not achieved, as well as a written plan for corrective actions that the City will take, to remedy the goal shortfall. • Conduct and coordinate outreach efforts to DBEs and small businesses to provide information regarding contracting opportunities with the City. • Participates in development of DBE information to be presented at pre-bid/preproposal meetings for purposes of reviewing DBE solicitation and contract requirements with potential bidders and/or offerors.
• Ensure that solicitation documents and contract templates include all relevant DBE Program elements, contractor documentation submittal requirements and required contract provisions.
• Work with the City’s contracting/procurement staff to remove, where feasible, barriers which may limit DBE participation, by ensuring that Invitations for Bids (IFBs) and Requests for Proposals (RFPs) do not contain unduly restrictive requirements; ensure that sufficient time is allowed during the pre-bid phase, for DBEs to schedule attendance at pre-bid/pre-proposal meetings and for non-DBEs to perform adequate good faith efforts established .
• Maintain a Bidders List of firms that submit a bid, quote or proposal for participation on a City contract; ensure that the Bidder List contains all information required by 49 CFR §26.11.
• Ensure Good Faith Efforts are reviewed for responsiveness when bids/proposals do not meet DBE contract goals.
• Develop and implement technical assistance programs for DBEs, including resources and referrals to supportive services.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

• Investigate services and resources offered by banks and/or financial institutions owned and controlled by socially and economically disadvantaged individuals. • Ensure that any DBE subcontractor terminations by the prime Contractor are for “good cause” only, and that any such terminations receive prior written approval by the City.
• Monitor and enforce contractor compliance with all DBE Program provisions including goal commitments, documentation submittal requirements, reporting requirements, prompt payment to subcontractors, and DBE utilization requirements; impose administrative sanctions and/or monetary penalties for contractor’s willful non-compliance.
• Ensure procedures are in place that require upon completion of each contract on which DBEs were utilized, a written affidavit attesting to monitoring and verification of contractor compliance with all DBE Program provisions. • Provide timely DBE reports to the FTA, including the annual Uniform Report of DBE Awards or Commitments and Payments.
• Implement provisions to facilitate participation of small businesses on U.S. DOTassisted contracts.

C. DBE Program Staffing (§26.25)
The DBELO is supported by a support staff of two and DBE consultant. The DBELO will work closely with support staff and the management staff to ensure the DBE Program is implemented uniformly and that all pertinent DBE information is captured within the City’s reports the FTA.

Additionally, a consulting firm, Padilla & Associates, Inc. provides additional wellqualified and experienced staff to assist in managing the City’s DBE Program.

The consultant provides assistance to the City in administering its approved Disadvantaged Business Enterprise (DBE) Program in accordance with U.S.

Department of Transportation (U.S. DOT) DBE Program set forth under Title 49 Code of Federal Regulations (CFR) Part 26.

Padilla & Associates, Inc., will readily assist the City in this regard to ensure that the City is compliant with current governing regulations and timely kept abreast of proposed legislation in the area to further ensure it is proactive in implementing policies and practices that advance the goals and objectives of this important regulation.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

D. DBE Organizational Chart (§26.25)
See Exhibit A “DBE Program Organizational Chart.”
E. DBE Reconsideration Official (§26.53 (d)(2))
In instances where contract goals are established and the bidder/proposer either fails to satisfy the requirements for meeting the contract goal or fails to document a sufficient Good Faith Effort (GFE) to do so, the City will afford the bidder/proposer, prior to award of the contract, an opportunity for administrative reconsideration of the City’s determination of non-responsiveness.

Unless otherwise specified, the bidder/proposer may, within two (2) business days of being informed by the City of its non-responsiveness due to its failure to document and provide sufficient and adequate Good Faith Efforts in the subject procurement, request administrative reconsideration. Bidders/Proposers must make this request in writing to the Reconsideration Official as designated herein.

To ensure integrity in the process, the Reconsideration Official will not have played any role in the original determination that the bidder/proposer did not meet the established contract-specific DBE goal, or adequately document Good Faith Efforts as specified in the subject procurement. The City has designated the following individual to serve as DBE Reconsideration Official:

Transit Administration Manager
DBE Reconsideration Official
City of Montebello
400 S. Taylor Avenue
Montebello, CA 90640
Telephone: (323) 558-1625
The City, at its discretion, may utilize another U.S. DOT recipient agency’s DBELO or Reconsideration Official who is a member of the California Unified Certification Program as an independent, impartial party to serve in the capacity of Reconsideration Official.

As part of this reconsideration, the bidder/proposer will have the opportunity to provide written evidence/documentation or argument concerning the issue of whether it met the goal or made adequate Good Faith Efforts to do so. Further, the bidder/proposer will have the opportunity to meet with the Reconsideration Official in person to discuss the issue of whether it met the goal or made adequate Good Faith Efforts to do so. The City will document the basis for the reconsideration determination and forward the final written determination to the bidder/proposer within seven (7) working days of the hearing date. All parties shall be advised that reconsideration final decisions are NOT administratively appealable to U.S. DOT.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

Further, the City’s Reconsideration Official and/or designee shall also perform oversight of the reconsideration process. The Reconsideration Official and/or designee’s duties include, but are not limited to, the following activities:

1. Ensures that all DBE administrative reconsideration procedural actions are consistent with the requirements and standards specified in Title 49 CFR, Sections

26.53 and 26.87, and that the Program’s integrity is maintained at all times.

2. Reviews bidder/proposer written documentation or argument concerning the issue of whether it met the goal or made adequate Good Faith Efforts to do so.

3. Upon review of the bidder’s/proposer’s request for consideration, the Reconsideration Official sends the bidder/proposer a written decision on reconsideration, explaining the basis for finding that the bidder/proposer did or did not meet the goal or make adequate Good Faith Efforts to do so.

4. Maintains records of conducted hearings.

5. Provides determinations in writing to the DBELO.

F. Prompt Payment Mechanisms (§26.29)
The City has adopted a prompt payment provision on all U.S. DOT-assisted contracts to facilitate timely payment to all subcontractors in accordance with regulatory mandates. Pursuant to §26.29 “Prompt Payment Provisions” (DBE Final Rule), the City has selected the following method to comply with the prompt payment of retainage requirement:

The City will hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within thirty (30) days after payment to the prime contractor.

Any delay or postponement of payment from the above referenced time frames may take place only for good cause and with the City’s prior written approval. Failure to comply with this provision or delay in payment without prior written approval from City will constitute noncompliance, which may result in appropriate administrative sanctions, including, but not limited to a withhold of two percent (2%) of the invoice amount due per month for every month that payment is not made.

G. DBE Financial Institutions (§26.27)
The City shall thoroughly investigate the full extent of services offered by banks and/or financial institutions owned and controlled by socially and economically disadvantaged

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

individuals in the community, to make reasonable efforts to utilize these institutions, as available, and to encourage prime contractors on the City’s U.S. DOT-assisted contracts to make use of these institutions. The City has made efforts to identify these institutions and has provided a list of them on their website and as an Exhibit to the program. The City will re-evaluate the availability of DBE financial institutions every 24 months.

Information on the availability of such institutions can be obtained from the DBE Liaison Officer.

H. DBE Directory (§26.31 and §26.81)
The City is a non-certifying member of the California Unified Certification Program (CUCP). 49 CFR §26.81 requires each state’s UCP to maintain a unified DBE directory containing, for all firms certified by the UCP (including those from other states certified under the provisions of this part), the information required by §26.31.

The City utilizes the CUCP online state-wide DBE Directory, which contains the following information for each certified DBE, as applicable:

1. DBE name

2. Contact name

3. Business address

4. County(ies) of performance

5. Telephone number

6. Fax number

7. Email address

8. NAICS code(s) under which the firm is certified

9. Work category code(s) (optional)

10. Contractor’s license classification

11. Gender

12. Ethnicity

13. Certification status

14. Certifying agency
This directory is made available to the public electronically (on the internet) and in print.

The electronic version is downloadable into a searchable and sortable Excel spreadsheet. The City refers interested parties to CUCP Database of Certified DBE Firms, and includes DBEs listed in the directory in the City’s outreach efforts. The DBE Directory is published in the California Department of Transportation’s (Caltrans) “Business and Economic Opportunity” website, which can be accessed at https://ucp.dot.ca.gov/licenseForm.htm

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

I. Overconcentration (§26.33)
The City has developed policies and procedures to address overconcentration of DBE utilization in certain types of work. This is accomplished through regular tracking of contract awards and compliance monitoring.

Areas that have been identified to demonstrate over concentration of DBE participation will not be assigned a contract-specific goal and will be procured under race-neutral measures to ensure compliance with regulatory overconcentration provisions.

Currently, the City identifies and analyses areas of the City’s contracting work that demonstrate over-concentration on an annual basis.

J. Business Development Programs (§26.35; Appendices C and D) The City has implemented race and gender-neutral efforts to promote small business concerns, including DBEs. The City’s Small Business Element, which was developed to facilitate competition by small business concerns, taking all reasonable steps to eliminate obstacles to their participation that may preclude small business participation in procurements as prime contractors or subcontractors can be found within Section L of this Program.

K. City Written Certification (§26.37)
To further ensure the integrity of the DBE Program’s intent, and in accordance with the City’s DBE Compliance Close-Out Report Process, the City’s DBELO or a designee will complete and file, a written certification attesting to having reviewed and monitored contractor DBE documentation, on-site performance when applicable, and payments to DBEs to verify compliance with DBE requirements.

Additionally, as part of the Commercially Useful Function Monitoring procedures conducted by the City, written certification is be provided during the City’s commercially useful function review process that includes an on-site observation, survey and a desk audit to compare on-site observations against submitted DBE reporting.

L. Small Business Participation and Small Business Element (§26.39) The City has established a Small Business Element as a supplement to their existing DBE Program, to facilitate competition by small business concerns, taking all reasonable steps to eliminate obstacles to their participation, including unnecessary and unjustified bundling of contract requirements that may preclude small business participation in procurements as prime contractors or subcontractors in direct response to regulatory requirements, 49 CFR Part 26.39 “Fostering Small Business Participation” (Federal Register/ Vol. 76, No. 19/ Friday, January 28, 2011/ Rules and Regulations).

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

For purposes of capturing Small Business utilization, the City adheres to the U.S.

Department of Transportation’s Small Business definition for determining what constitutes a Small Business Enterprise. The City accepts Small Business certifications certified through the State of California’s Department of General Services.

This Small Business Element will include, but is not limited to the following assertive strategies:
• The City of Montebello will hold a pre-proposal conference for key procurement releases that will include a networking component to encourage teaming and partnering between primes and Small Businesses as well as providing them access to the City of Montebello’s key procurement individuals. This networking component will provide Small Businesses valuable access and opportunity needed to promote their capabilities and strengthen competitiveness, marketability and participation of Small Businesses firms within the City of Montebello’s contracting program. Additionally, it will encourage Prime Contractors to partner and communicate with the Small Business community. • The City will develop a schedule for Key Procurement and Contracting Staff to attend Small Business related conferences and functions to establish the importance placed on fostering Small Business Opportunities in the City of Montebello’s contracting program and provide small businesses valuable access to key procurement individuals, in order to promote their capabilities and strengthen relationships and participation of small businesses firms within the City’s contracting program.
• The City provides Small Business firms the ability to utilize and review bid/procurement plans at no cost online. The City will inform the procurement community and small business firms that this resource has been made available to them at proposal/bid conferences. The City is confident that providing Small Business firms online access to these crucial plans at no additional cost will aid in leveling the playing field and enable them to submit quality proposals and bids.

The City will actively implement the Small Business element to foster small business participation as a requirement of good faith implementation of the City’s DBE program. The small business element applies to sub-recipients in the same way as the City's DBE Program.

VI. GOALS, GOOD FAITH EFFORTS AND COUNTING
A. Use of Set-asides or Quotas (§26.43)
The City shall not permit the use of quotas for DBEs on U.S. DOT-assisted contracts, in accordance with 49 CFR Part 26.43. Further, the City shall not set aside contracts for DBEs, except in limited and extreme circumstances, where no other method could reasonably be expected to redress egregious instances of discrimination.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

B. Overall and Contract-Specific DBE Goals
The DBELO shall establish an overall DBE goal over a three-year (Federal Fiscal Year) period, for the participation of DBEs in all budgeted contracts utilizing U.S. DOT federal financial assistance. The City’s overall DBE goals represent the amount of ready, willing and able DBEs that are available to participate in contracting opportunities and is reflective of the amount of DBE participation the City would expect, absent the effects of discrimination. The City intends to meet those goals to the maximum extent feasible through the race neutral measures described herein. Where race-neutral measures are inadequate to meet the overall goals, the City will establish DBE goals on contracts with subcontracting opportunities and relative DBE availability.

C. Overall DBE Goal-Setting Methodology (§26.45)
The City will establish an overall DBE goal covering a three-year federal fiscal year period if the City anticipates awarding U.S. DOT/FTA funded prime contracts for a cumulative total value of which exceeds $250,000 during any one or more of the reporting fiscal years within the three-year goal period.

In accordance with Section 26.45(f) the City will submit its overall goal to FTA on August 1 of each three-year goal period. The City’s current goal covers the goal period of Federal Fiscal Years 2019-2021 and the City is projected to submit its next overall goal on August 1, 2021.

A description of the methodology utilized to calculate the overall goal submitted for FFYs 2019/2021 and the goal calculations can be found on the City’s website.

The following delineates the federally prescribed goal-setting methodology (Step 1 and Step 2) and other components the City will follow in establishing an Overall DBE goal, as follows:

1. Projecting Federal Assisted Contract Expenditures for Three Fiscal Year Period
In conjunction with the preparation and adoption of the budget for each fiscal year, the DBELO, in consultation with the appropriate divisions and departments responsible for contracting activities, will conduct a thorough analysis of the projected number, types of work and dollar amounts of contracting opportunities that will be funded, in whole or in part, by U.S. DOT federal financial assistance for the upcoming three year fiscal period.

2. Establishing a Base Figure

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

Once the City defines its contracting markets for the upcoming three fiscal year period, the City will establish a base figure following one of the methodologies, in accordance with 49 CFR §26.45, as an initial step in the goal-setting process.

The City may determine the relative availability of DBEs accordingly:
i. Utilize the CUCP online DBE Directory to establish the number of certified DBEs located within the City’s market area, in each NAICS code/category representing a contract scope of work;
ii. Utilize the U.S. Census Bureau’s County Business Patterns (CBP) data to establish the number of all businesses (DBEs and non-DBEs) located within the City’s market area, in each NAICS code/category representing a contract scope of work;
iii. Determine the ratio of DBEs to all business located within the City’s market area, in each NAICS code/category representing a contract scope of work; iv. Apply a weighting factor each resulting ratio, based on the percentage of federal funds the City is projected to award and/or expend on various industries; and/or
v. Utilize a Bidders List.

3. Adjusting the Base Figure
As a mandatory second step, the City will consider, as a basis for adjusting the overall DBE base figure, additional factors/indicators determined to be relevant to DBE availability. These factors may include, but are not limited to:
i. Demonstrated evidence of DBE capacity to perform work in the City’s program;
ii. Real market conditions;
iii. Disparity studies conducted within the jurisdiction; iv. Other recipients’ goal results in similar contracting opportunities and markets, and the reasons for the level of those results;
v. Methods used by the City to increase DBE participation in U.S. DOT-assisted contracts;
vi. Demographics and business activity of the geographical area in which the City will solicit bids or proposals;

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

vii. Data from statistical disparities of DBEs to obtain financing, bonding and/or insurance;
viii. Data on employment, self-employment, education and training programs, to the extent that the City can relate it to opportunities for DBEs to perform on federally assisted contracts; and
ix. Input from public participation.

D. Public Participation (§26.45)

1. Consultation with Community Groups and Constituents
Prior to publication of the City’s proposed overall DBE goal, the City will consult with, and solicit input from, a variety of constituent groups representing minority- and women-owned business organizations, contractor organizations, and other industry, ethnic and community-based organizations reasonably expected to possess information regarding the availability of disadvantaged businesses, their capability to perform on City contracts, and the impacts and effects of contracting discrimination on DBEs.

Upon receipt of any comments, the City’s DBELO will analyze the comments, summarize the results, and modify the proposed overall goal, if appropriate.

2. Advertising of Proposed Overall DBE Goals
Pursuant to new DBE Program regulations effective November 3, 2014, the City understands that commercial advertising of the overall DBE goal is now at the City’s discretion. The City will post a public notice to the City’s website announcing the City’s proposed Overall Goal. Advertisements of the proposed triennial goal, will be titled “Public Notice” and shall include the following:
i. Proposed triennial goal percentage for DBE participation ii. A statement that the proposed goal and methodology are available for public inspection for a period of 30 days from the date of publication. iii. A statement that the City will accept public comments on the proposed goal and methodology for a period of 30 days from the date of publication. iv. Contact information and instructions for viewing the City’s proposed goal/methodology and/or submitting a public comment.

Upon receipt of any public comments, the City’s DBELO will analyze the comments, summarize the results, and modify the overall goal, if appropriate. This will occur prior to final adoption of the triennial goal and submission to FTA for review.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

E. Annual Review and Remedy Reports (49 CFR §26.47)
Pursuant to 49 CFR §26.47(c), the City is required to analyze, on a semi-annual basis, the DBE awards and commitments reported to the FTA. If the City’s DBE awards/commitments are less than the City’s overall DBE goal for that Federal Fiscal Year (FFY), the City is required to develop a written analysis of the shortfall, as well as stablish specific steps and milestones to correct the problems identified in the analysis.

As the City is not currently listed as one of the largest 50 transit agencies in the U.S. (based on level of U.S. DOT/FTA assistance), the City will not submit their written analysis to their FTA Civil Rights Regional Office but will keep it on file and ready for review within 90 day of the FFY end, or by the end of the calendar year.

F. Transit Vehicle Manufacturers (§26.49)
Under the U.S. DOT DBE regulations, a transit vehicle manufacturer (TVM) means any manufacturer whose primary business purpose is to build vehicles specifically for public mass transportation. Such vehicles include, but are not limited to, buses, rail cars, trolleys, ferries and vehicles manufactured specifically for paratransit purposes. The definition includes producers of vehicles that receive post-production alterations or retrofitting to be used for public transportation purposes. Businesses that manufacture vehicles solely for personal use and for sale "off the lot" are not considered transit vehicle manufacturers.

Further, to the extent that a vehicle remanufacturer is responding to a solicitation for new or remanufactured vehicles with a vehicle to which it has provided post-production alterations or retrofitting (e.g., replacing major components such as an engine to provide a "like new" vehicle), the vehicle remanufacturer is considered a transit vehicle manufacturer.

The City shall require all TVMs to certify that they have complied with 49 CFR §26.49 and have established an overall DBE participation goal that has been approved (or not disapproved) by the FTA before they can bid on any City transit vehicle procurement.

Only those transit vehicle manufacturers listed on FTA's eligible TVMs list, or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the time of solicitation are eligible to bid.

The City will also utilize the FTA's online TVMs list, accessible at https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transitvehicle-manufacturers, to verify that the TVM is authorized to bid or propose on U.S.

DOT-assisted transit vehicle procurements.

The City will submit, within 30 days of making a TVM award, the name of the successful bidder and the total dollar value of the contract through FTA’S online Transit Vehicle Award Reporting Form located at
https://www.surveymonkey.com/r/vehicleawardreportsurvey.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

Expenditures for U.S. DOT-assisted transit vehicle procurements are not included in the funding base used to calculate the City’s Overall goal or reported on Semi-Annual Uniform Reports. If non-TVM vehicles are purchased, DBE TVMs are not available, contracts will be included in the City’s Overall DBE goal Methodology and Semi-Annual Uniform Reporting.

G. Methods for Meeting Goals (§26.51)
The City will endeavor to meet its overall DBE goal and increase DBE participation on, the City's U.S. DOT-assisted contracts, by utilizing a combination of race-conscious and race-neutral DBE Program elements.

1. Race and Gender-Neutral Measures
The City intends to use race and gender-neutral methods to the maximum extent feasible to achieve its overall DBE goal. DBE participation that is obtained on contracts that have no established DBE contract goal, or where prime contractors use a strictly competitive bidding process and do not consider the DBE’s status as a factor in awarding a subcontract shall be considered race and gender-neutral DBE participation.

In addition, the City will use the following measures as appropriate:
i. Identify components of the work which represent subcontracting opportunities and identify the availability of DBE subcontractors to participate in proportion to total available subcontractors. Contractors will be encouraged to consider subcontractors for components of the work for which there is a known supply of ready, willing, and able subcontractors, including DBE subcontractors, in preparing their bids;
ii. Provide technical assistance to DBEs, in areas relevant to public contracting success; provide referrals to small/minority business assistance organizations;
iii. Facilitate the distribution of the CUCP DBE Directory to the widest feasible universe of potential prime contractors;
iv. Assist DBEs in overcoming limitations in bonding and financing; v. Include small and disadvantaged businesses in the City’s outreach, public information, and communications programs, to ensure that DBEs are made aware of the City’s contracting opportunities; and
vi. Provide business development assistance to DBEs, to facilitate business growth and success beyond participation in the City’s DBE Program.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

2. Race and Gender Conscious Measures
In accordance with 49 CFR Part 26, the City will project how much of the overall DBE goal can be achieved through race and gender-neutral measures, and will use race-conscious measures, such as contract-specific DBE goals, only to meet that portion of the overall goal which is not likely to be met utilizing race-neutral measures.

Further, the City shall monitor and adjust the estimated utilization of race-neutral and race-conscious methods as required in accordance with 49 CFR 26.51(f).

H. Contract-Specific Goals (§26.51)
The DBELO shall establish contract-specific DBE goals to meet any portion of the overall DBE goal that the City does not project being able to meet using race-neutral means. The City will establish contract-specific goals only on those U.S. DOT-assisted contracts that have subcontracting opportunities.

The DBELO will receive from the user department, an advance notification form for each upcoming contract, with cost estimates, scope of work, and possible subcontracting opportunities. The DBELO will determine whether a contract DBE goal should be established and if so, will express each goal as a percentage of the total contract value.

The City may establish a DBE contract goal that is higher or lower than its overall goal, depending on such factors as the type of work involved, the location of the work, and the availability of DBEs for the work of the particular contract.

The City’s contract goals will provide for participation by all certified DBEs and will not be subdivided into group-specific goals.

I. Design-Build Contracts (Federal Register / Vol. 68, No. 1151) The City recognizes that certain modifications are necessary to adapt the DBE Program for use in connection with Design-Build projects and will therefore follow the prescribed regulatory U.S. DOT requirements and subsequent guidance.

J. Evaluation and Award of Contracts with DBE Goals (§26.53(a)) In cases where a contract goal has been established, the contract in question will only be awarded to a bidder/proposer that has made good faith efforts to meet the contract goal. The City shall award contracts to the lowest responsive and responsible bidder/proposer as required by California Public Contract Code, where applicable.

However, for such contracts, as well as for contracts awarded pursuant to a competitive negotiation procedure, a bidder/proposer that 1) fails to demonstrate its commitment to

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

meet the established DBE contract goal by listing sufficient DBEs on its “DBE Participation Commitment” form due with the bid/proposal or within 48 hours after bids/proposals are due and/or 2) fails to demonstrate that it made an adequate Good Faith Effort to meet the goal, shall be deemed “non-responsive” and shall be ineligible for contract award.

1. Evaluation of Bids and Proposals
After the bid opening or proposal due date, the DBELO shall evaluate all bids/proposals to determine whether the bidders/proposers submitted all information required by 49 CFR §26.53(b). On contracts with established DBE contract goals, the lowest successful bidder or highest ranked proposer who demonstrates its commitment to meet the DBE contract goal or demonstrates an adequate Good Faith Effort (GFE) shall be recommended for contract award. In the event that the lowest bidder or highest ranked proposer fails to either meet the contract goal or demonstrate an adequate GFE, or is otherwise unresponsive or not responsible, the DBELO shall evaluate the second lowest bidder or second highest ranked proposer. Should the DBELO determine that additional information is needed to evaluate a bid or proposal with regard to DBE requirements, the DBELO shall request the bidder/proposer to submit the required information or may contact the listed DBE(s) directly.

2. Evaluation of DBE Certification Status and DBE Eligibility The DBELO shall require that all DBEs listed by bidders/proposers for participation in contracts with goals, be certified as such before bids/proposals are due, in order for the DBE participation to be counted towards meeting the DBE contract goal.

The City accepts DBE certifications from all certifying members of the California UCP, and any other U.S. DOT recipients, which certify DBEs in accordance with 49 CFR Part 26. It is the bidder’s/proposer’s responsibility to verify certification status of all proposed DBEs, prior to listing them on the “DBE Participation Commitment” form which is due with the bid or proposal.

When evaluating DBE certification status, the City ensures that the DBE: 1) is certified before bids/proposals are due (§26.81(c)) and 2) is certified in the NAICS code that represents the scope of work to be performed by the DBE on the contract (§26.71).

After award of the contract, it is the prime contractor’s responsibility to monitor the DBE certification expiration dates of its DBEs, and to ensure that credit for DBE participation is only granted to DBEs with current DBE certification status.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

K. Meeting Established Goals or Demonstrating Good Faith Efforts (§26.53; Appendix A)
If a bidder’s/proposer’s value of DBE participation does not meet the established DBE contract goal, the DBELO shall review the bidder’s/proposer’s Good Faith Effort (GFE) documentation to determine responsiveness and shall determine whether the bidder/proposer has performed the quality, quantity, and intensity of efforts that demonstrates a reasonably active and aggressive attempt to meet the DBE contract goal.

The following sections outline the requirements of firms competing for City contracts to comply with either meeting the DBE contract goal by committing to utilizing sufficient DBEs or by documenting an adequate GFE. Failure for a bidder/proposer to meet a DBE goal or demonstrate that an adequate GFE was made, will deem the bid/proposal non-responsive.

1. Meeting Established Goals
For each solicitation on which a DBE contract goal has been established, the City shall require bidders/proposers to submit the following information to the City at the time of bid/proposal submission.
i. Written and signed documentation of the bidder’s/proposer’s commitment to utilize DBEs, to be submitted on the City’s “DBE Participation Commitment” form. Information listed on the form shall include:
a. Name, address and contact information for each DBE listed on the contract;
b. Description of the work that each DBE will perform;
c. Dollar amount of participation of each DBE;
d. Percentage of total contract value allocated to each DBE; e. Prime bidder’s/proposer’s name, title and contact information; f. The City’s contract number;
g. Total dollar amount of participation of all DBEs;
h. Percentage of total contract value allocated to all DBEs; i. DBE commitment percentage;
j. Prime bidder’s/proposer’s signature and date

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k. For each listed DBE, proof of valid and current DBE certification in the NAICS code directly applicable to the work the DBE will perform on the contract.
ii. The bidder/proposer shall also submit, for each DBE to perform under this contract, a written confirmation signed and dated from each the DBE listed, acknowledging that the DBE is participating in the contract for the it is participating in the contract for a specified dollar value and scope of work listed on the DBE Participation Commitment Form.

2. Demonstrating Good Faith Efforts (§26.53(b)(2)(vi))
If a bidder/proposer does not list sufficient DBEs on its “DBE Participation Commitment” form, to meet the established DBE contract goal, and/or if the City’s evaluation of the “DBE Participation Commitment” form reveals that the bidder/proposer did not meet the established DBE contract goal, the bidder/proposer must demonstrate an adequate Good Faith Effort (GFE) to be deemed responsive to the City’s DBE requirements. The bidder/proposer must demonstrate that it took all necessary and reasonable steps to meet the DBE goal, even if not fully successful.

Bidder/proposer/proposer shall submit the following information to document adequate good faith efforts to the City no later than 4:00 p.m. on the 2nd business day after the City's bid/proposal due date, or as otherwise specified in the solicitation but never to exceed 5 days after bid/proposal due date. Bidder/proposer should submit the following information even if the “DBE Participation Commitment Form” indicates that the bidder/proposer has met the DBE goal. This will protect the bidder/proposer’s eligibility for award of the contract if City determines that the bidder/proposer failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening/ proposal due date, or the bidder/proposer made a mathematical error.

Submittal of only the form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.

The following good faith efforts items (A through H) shall be minimally performed prior to bid/proposal submission. Bidder/proposer to complete the following items in sufficient detail to effectively demonstrate that good faith efforts were undertaken to meet the established DBE goal:
i. Items of Work the Bidder/Proposer Made Available to DBE Firms; a description of work items and approximate dollar amounts made available to DBE firms by the bidder/proposer, value of work items as a percentage of total contract work, breakdown of bid/proposal items or larger scopes of contract work (including those items normally performed by the

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bidder/proposer with its own forces) into economically feasible units to facilitate DBE participation sufficient to meet the DBE contract goal. It is the bidder/proposer’s responsibility to demonstrate that sufficient work was made available to facilitate DBE participation.
ii. Solicitation Effort Documentation; the names and dates of written notices sent to certified DBEs soliciting bids/proposals for this project and the dates and methods used to following up initial solicitations to determine with certainty whether the DBEs were interested (attach all copies of solicitation, telephone records, fax confirmations, email communications, etc.), amount of DBEs to respond, documentation to demonstrate DBE firms were provided information about the contract (location of project, contract number, bid/proposal date, items of work made available and contact information) in the Invitation to Bid/Propose from the bidder/proposer, the bidder/proposer solicited through all reasonable means (e.g. attendance at pre-bid/proposal meetings, advertising and written notices) the interest of all certified DBEs who have the capability to perform the work of the contract, bidder/proposer to provide proof of aforementioned items.(Note: Solicitations should occur at a minimum no later than 14 calendar days prior to the City's bid/proposal due date and follow up to the solicitations should allow DBE firms reasonable time to respond). DBE firms solicited must be advised if the original bid/proposal due date has been extended.
iii. Rejected DBE Bid/proposal Documentation; the names, addresses, phone numbers, and amount of rejected DBE firms, the reasons for the bidder/proposer’s rejection of the DBE firms, the firms selected and accepted for that work (attach all copies of quotes from all firms involved inclusive of a detailed cost breakdown if opted to self-perform work) and the price difference for each DBE if the selected firm is not a DBE, include an explanation of quote(s) rejected.
iv. Publication Efforts Made to Advertise the Projects to Solicit DBE Participation; names and dates of each publication in which a request for DBE participation for this project was placed by the bidder/proposer (attach copies of advertisements or proof of publications). Publications should be placed at a minimum 14 calendar days before the City's bid/proposal due date. If bid/proposal due date is extended, bidder/proposer is to re-advertise new bid/proposal due date.

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v. Agencies, Organizations, or Groups Contacted to Provide Assistance in Contracting, Recruiting, and Using DBEs; the names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (Attach copies of requests to agencies, responses received, and efforts made by the bidder/proposer in response). vi. Efforts to Provide Information About the Plans, Specifications, and Contract Requirements; efforts made to assist interested DBEs in obtaining necessary materials, or related assistance or services, bidder/proposer to provide evidence of effort.
vii. Assistance with Lines of Credit, Insurance, and/or other Services; efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs, bidder/proposer to provide a list of any assistance provided to DBEs:
viii. Additional Data to Support a Demonstration of Good Faith Efforts; in determining whether a bidder/proposer made adequate good faith efforts, the City will take into account the performance of other bidder/proposers in meeting the DBE contract goal. Attach any additional information to support demonstration of good faith in this section.

3. Recommendation for Award
Following the determination of the bidder's/proposer's responsiveness and responsibility to DBE requirements set forth in the solicitation, the DBELO shall prepare a responsiveness report relative to contract-specific DBE requirements.

Recommendations for award are subject to compliance with the City's bid/proposal protest procedures.

4. Bidder/Proposer’s Right to Administrative Reconsideration In the event that the DBELO determines that the apparent successful bidder/proposer has not demonstrated its commitment to meet the DBE contract goal and has not demonstrated an adequate Good Faith Effort, the bidder/proposer will be notified in writing. Please refer to Section V. E of this Program for further details regarding the Administrative Reconsideration process.

L. Counting DBE Participation (§26.55)

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The City will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55.

1. DBE "Frauds" and "Fronts"
Only legitimate DBEs are eligible to participate in federally funded contracts.

Therefore, bidders/proposers are cautioned against knowingly and willfully using "fronts" to meet DBE goals. The use of "fronts" and "pass through" subcontracts to non-disadvantaged firms constitute criminal violations. Further, any indication of fraud, waste, abuse, or mismanagement of Federal funds should be immediately reported to the Office of Inspector General (OIG), U.S. Department of Transportation, via the toll-free hotline at 800-424-9071, email at https://www.oig.dot.gov/hotline or U.S. mail at U.S. DOT Inspector General, 1200 New Jersey Avenue SE, West Bldg. 7th Floor, Washington, CA 20590. The hotline is open 24 hours per day, seven days per week. Additional information can be found on www.oig.dot.gov/hotline.

2. Commercially Useful Function (§26.55)
To be considered as performing a commercially useful function, the DBE shall meet all of the following:
i. The DBE is responsible for the execution of a distinct element of work in the Contract;
ii. The DBE carries out its obligation by actually performing, managing, and supervising the work involved;
iii. The DBE performs work that is normal for its business, services, and function; and
iv. The DBE performs or exercises responsibility for at least 30 percent of the total cost of its Contract with its own work for and is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practice.

The following factors shall be used in determining whether a DBE trucking company is performing a commercially useful function:
i. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
ii. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.

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iii. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.
iv. The DBE may lease trucks from another DBE firm, including an owneroperator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract.
v. The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE lessees not to exceed the value of transportation services provided by DBEowned trucks on the contract. Additional participation by non-DBE lessees receives credit only for the fee or commission it receives as a result of the lease arrangement. If a recipient chooses this approach, it must obtain written consent from the appropriate City Operating Administration.

During the course of the contract containing a DBE commitment, the City or an agent of the City may conduct on-site monitoring interview/observation to ensure that work committed to DBEs is actually being performed by DBEs in the same capacity as the DBE participation being reported. This monitoring effort is fully incorporated into the City’s DBE On-site Compliance field observation process. This observed work will be reconciled against the DBE subcontractor agreement(s) and Prime Contractor Form 103.

3. DBE Participation Credit
The City requires that all DBEs listed by bidders/proposers for participation in contracts with goals, be certified as eligible DBEs at the time of bid/proposal submission, in order for their participation to be counted towards meeting the established DBE contract goal and/or the City’s overall DBE goal.

In accordance with 49 CFR §26.55 and §26.71, the following guidelines apply in calculating/ counting DBE participation:
i. Only the participation of firms certified in accordance with 49 CFR Part 26 may be counted as DBE participation.
ii. Only work (represented by NAICS code(s)) for which the firm is certified as a DBE may be counted as DBE participation.
iii. Only work performed by a DBE’s own work forces (including cost of supplies, materials and equipment leases obtained by the DBE for the work of the contract, except supplies and equipment the subcontractor purchases and/or

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leases from the prime contractor or its affiliate), may be counted as DBE participation.
iv. When a DBE subcontracts part of its work of its contract to another firm, the value of the subcontracted work may be counted as DBE participation only if the DBE subcontractor is itself a certified DBE. Work that a DBE subcontracts to a non-DBE firm does not count as DBE participation. A DBE should perform at least thirty percent (30%) of the total cost of its contract with its own workforce.
v. When a DBE performs as a participant in a joint venture with a non-DBE, only the portion of the total contract dollar value equal to the distinct, clearly defined portion of the work to be performed by the DBE’s own forces may be counted as DBE participation.
vi. Only work considered to perform a commercially useful function may be counted as DBE participation.
vii. For transportation services that are required under the contract and provided by a DBE trucking company, DBE participation is counted on the total value of the transportation services the DBE trucking company provides using trucks it owns, insures, and operates and using drivers it employs. viii. For materials and supplies that are required under the contract and obtained from a DBE manufacturer, one hundred percent (100%) of the materials/supplies may be counted as DBE participation. For purposes of this section, a manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials and supplies obtained by the contractor.
ix. For materials and supplies that are required under the contract and obtained from a DBE supplier/regular dealer, sixty percent (60%) of the materials/supplies may be counted as DBE participation. For purposes of this section, a supplier/regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. x. A bidder/proposer may count as DBE participation, fees and commissions paid to DBE firms that are not manufacturers or regular dealers, provided that the fees or commissions are determined to be reasonable and not excessive, as compared with fees customarily allowed for similar services. xi. A bidder/proposer may count as DBE participation, all transportation services provided by a DBE trucking firm that can demonstrate control of trucking

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operations for which it seeks credit and it owns, insures, and operates, using drivers it employs in the performance of the contract. The DBE must itself own and operate at least one fully licensed, insured, and operation truck used on the contract. The DBE trucking firm may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. The DBE who leases trucks from a non-DBE is entitled to credit only for the fees or commissions it receives as a result of the lease arrangement.
xii. Prime contractors are advised to not count participation of DBE subcontractors towards DBE attainment until the amount being counted has been paid to the DBE.
xiii. In cases where a DBE’s certification has ceased during the performance period of the contract, although the prime contractor will continue to report to the City, the dollar value of the work performed by the firm, any work performed after the DBE ceases to be certified will not count towards DBE participation credit or the City’s Overall DBE Goal.

VII. DBE CERTIFICATION AND ELIGIBILITY
Certification is the process by which all businesses seeking to participate in the City’s DBE Program are determined to be legitimate DBEs as defined by U.S. DOT at 49 CFR Part 26.61-26.91, Subpart D and Appendix E, as amended and as defined by SBA at 13 CFR Part 121.

A. California Unified Certification Program (§26.81)
49 CFR §26.81 requires all public agencies that receive U.S. DOT financial assistance to participate in a statewide Unified Certification Program (UCP). A UCP is a “one-stop shopping” certification program that standardizes DBE eligibility criteria and the application process and eliminates the need for a DBE to certify with multiple agencies within the state.

The City is a non-certifying member of a Unified Certification Program (UCP) administered by the California Unified Certification Program (CUCP). The UCP will meet all of the requirements of this section. The City will use and count for DBE credit only those DBE firms certified by the CUCP.

CUCP agencies are classified as certifying and non-certifying members. CUCP certifying members perform DBE certifications which apply to all U.S. DOT funded contracts. Certification activities include processing applications, reviewing financial and company ownership information, performing site visit and employee interviews, making certification decisions, investigating certification complaints and appeals, and maintaining a single Statewide directory of certified DBEs. A business certified

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as a DBE by any CUCP certifying member is automatically accepted by all U.S.

DOT recipients in California.

Effective August 1, 2013, the California UCP (including Caltrans) is no longer issuing DBE Certificates as evidence of certification. A copy of a printout from the DBE Database should be sufficient proof of a firm's certification. Prime contractors and awarding agencies should not impose on DBE firms the burden of providing a DBE certificate in their bid packages - it is not required.

A non-certifying member agency adheres to all aspects of the U.S. DOT DBE program, except that it does not perform DBE certification activities. The City is a NON-certifying member of the CUCP; therefore, the City accepts DBE certifications from all CUCP certifying members. The City maintains a copy of the latest CUCP Memorandum of Agreement (MOA) on file, as well as a Declaration of Status Letter signed by the City’s Department Manager and the CUCP Secretary and Chair.

For certification inquiries, contact one of the agencies listed below:

Agency Business Address Telephone No.

City of Los Angeles
Office of Contract Compliance
1149 South Broadway
Street, Room 300
Los Angeles, CA 90015
(213) 847-2684
Los Angeles County
Metropolitan Transportation City
(METRO)
Diversity and Economic
Opportunity Department
One Gateway Plaza
Los Angeles, CA 90012 (213) 922-2600
S. F. Bay Area Rapid Transit
District (BART)
Office of Civil Rights
300 Lakeside Drive,
18th Floor
Oakland, CA 94612
(510) 464-7580
City of Fresno
DBE Program 2600 Fresno St., Room 2156
Fresno, CA 93721-3622 (559) 621-1163
Santa Clara Valley Transportation
Authority (VTA)
Small & Disadvantaged Businesses
3331 North First Street
San Jose, CA 95134 (408) 321-5962
San Francisco Municipal
Transportation Agency (SFMTA)
Contract Compliance Office
San Francisco Municipal Railway
1 South Van Ness Avenue,
6th Floor
San Francisco, CA 94103
(415) 701-4436

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San Mateo County Transit District
(SAMTRANS) / Peninsula Corridor
Joint Powers Board (CALTRAIN)
DBE Office
1250 San Carlos Avenue
San Carlos, CA 94070 (650) 508-7939
California Department of
Transportation (CALTRANS)
Office of Business & Economic
Opportunity
1823 14th Street
Sacramento, CA 95811 (916) 324-1700
B. Scope of Work Covered by Certification (§26.71(n))
Firms must be DBE certified in the scope of work (represented by NAICS code(s)) directly applicable to their performance on a contract. If a firm wishes to participate on a contract under a scope of work for which the firm is not currently certified (i.e., if the firm wishes to add one or more NAICS codes to its certification), the firm must contact its certifying agency and submit all required documentation to demonstrate DBE ownership and control of the specific type(s) of work the firm wishes to add to its DBE certification. The firm shall then submit proof of DBE certification in the applicable scope(s) of work to the City, in order to receive DBE credit for performing that scope of work. For a firm’s DBE participation to be counted towards a bidder’s/proposer’s initial DBE commitment, the firm must be DBE certified in the applicable scope of work prior to the bid/proposal due date.

C. Annual Affidavit of Continuing Eligibility
Each certified DBE is required to submit a written affidavit to its certifying agency once annually, on the anniversary date of the firm’s initial certification, to certify that the firm continues to meet DBE eligibility criteria as defined in 49 CFR Part 26. The affidavit must affirm that there have been no changes in the firm’s circumstances affecting its ability to meet DBE eligibility, including size, gross receipts, DBE status, ownership, or control requirements. The affidavit must also affirm that there have been no material changes to the information provided in the original certification application.

If the DBE fails to submit an affidavit, or any required supporting documentation, in a timely manner, it will be deemed to have failed to cooperate with 49 CFR Part 26 and will no longer be considered a certified DBE. It is the DBE’s sole responsibility to maintain its certification status with the certifying agency and the City.

D. Notification of Change in Circumstances
If a DBE’s circumstances affecting the firm’s DBE eligibility change at any time after the firm has been identified as a DBE participant on an City contract, the DBE must

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provide written notification of such change(s) to its certifying agency, the City and the prime contractor, if applicable. Such changes include, but are not limited to, business size, gross receipts, disadvantaged status, ownership, and/or control requirements. The written notification shall be provided by the DBE within thirty (30) days of occurrence of the change(s). If the DBE fails to make timely notification of such changes, it will be deemed to have failed to cooperate with 49 CFR Part 26.

E. Lapse in Certification Status
If a DBE participant on a City contract ceases to be certified at any time during the life of the contract, any participation by that DBE after the firm ceases to be certified will not count as DBE participation.

F. Procedures for Removal of DBE Eligibility (§26.87)
Pursuant to 49 CFR §26.87, any person may file a written complaint alleging that a currently certified DBE is ineligible to be certified as such and specifying the alleged reasons why the firm is ineligible. Because the City is a NON-certifying member of the CUCP, the Department will implement the following procedures upon receipt of a written complaint challenging a firm’s DBE certification status. The City will also protect the confidentiality of complainants' identities as required by 49 CFR §26.09(b).

1. Obtain the name of the CUCP certifying member agency that issued the DBE’s certification;

2. Provide the complainant(s) with contact information for the CUCP certifying member agency;

3. Provide the complainant(s) with a copy of 49 CFR §26.87, which outlines the DBE eligibility removal process; and

4. Provide a written notification to the DBE in question, stating that the firm’s DBE eligibility has been challenged and that the complainant has been referred to the DBE’s certifying agency; include a copy of 49 CFR §26.87. If the DBE in question is a current participant in the City’s DBE Program, remind the DBE of its obligation to notify the City of any change in the DBE’s certification status within 30 days of the change.

G. Certification Denials and Appeals (§26.89)
Firms that have applied for and were denied DBE certification under one or more NAICS codes, and/or firms whose certification has been removed by a CUCP certifying member agency, may file an administrative appeal with the U.S. DOT within 90 days from the date of denial, in accordance with 49 CFR §26.89. Certification decisions are NOT appealable to the City.

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To file a DBE certification appeal, firms should send a letter to the U.S. DOT Office of Civil Rights. The appeal should, at a minimum, include information and arguments concerning why the recipient's decision should be reversed, a copy of the denial letter, and any additional information the denied firm believes to be pertinent to the appeal. Firms must provide the name(s) and address(es) of any U.S.

DOT recipient the firm is currently certified with or who has rejected its application for certification or removed the firm's eligibility within one year prior to the date of the appeal. This includes applications currently pending certification action.

All appeals should be submitted to the U.S. Department of Transportation, Office of Civil Rights, External Policy & Programs Division, 400 7th Street SW – Room 5414, Washington, DC 20590, Phone: (202) 366-4754, TTY: (202) 366-9696, Fax: (202) 366-5575.

VIII. COMPLIANCE AND ENFORCEMENT OVERSIGHT
A. Information, Confidentiality, Cooperation (§ 26.109) The City will safeguard third party information from discloser which may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. Notwithstanding any contrary provisions of state or local law, the City will not release personal financial information submitted in response to the personal net worth requirement to a third party (other than U.S. DOT) without the written consent of the submitter.

B. Monitoring Payments to DBEs (§ 26.37)
The City requires prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City or U.S. DOT. This reporting requirement also extends to any certified DBE subcontractor. The use of joint checks will not be allowed without prior written Authorization from the City.

The City will perform monthly audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts committed in the “DBE Participation Commitment” form or DBE subcontract.

Additionally, the City’s DBE Program will include a monitoring and enforcement mechanism to ensure that work committed to DBEs at contract award is actually performed by DBEs. Such mechanism will provide a running tally of actual DBE attainments (e.g., payments actually made to DBE firms), including a means of comparing these attainments to commitments. The City will display both DBE commitments and attainments in its reports of DBE participation to the U.S. DOT.

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C. Compliance Monitoring (§26.37)
The City shall implement appropriate mechanisms to ensure prime and subcontractor compliance with DBE Program requirements as stated in 49 CFR Part 26, including but not limited to the following activities:

1. Once a DBE begins work, obtain proof of each DBE’s participation on the contract, by collecting a copy of a signed subcontractor agreement between the prime contractor/consultant and the DBE;

2. Collecting/reviewing monthly DBE utilization reports;

3. Verifying payments made to DBEs;

4. Tracking DBE participation throughout the life of the contract;

5. Conducting site visits, field observations and construction worker interviews on applicable contracts;

6. Imposing administrative sanctions for contractor’s willful contractor noncompliance with DBE Program requirements;

7. Recording and reporting final DBE participation at contract close-out; and

8. Measuring achieved DBE participation in comparison to committed participation.

In addition, at contract close-out, the City will certify that it has monitored the contract to ensure compliance with DBE Program regulations and requirements.

D. Submission of DBE Information and Ongoing Reporting Requirements (PostAward) If there is a DBE goal and/or DBE commitment on the Agreement, Contractor/Consultant must complete and submit within the specified timelines, the following DBE documentation, electronically through the City’s electronic reporting system (ECAT) consistent with Contractor/Consultant’s DBE goal commitment:
i. “Monthly DBE Subcontractor Commitment and Attainment Report Summary and Payment Verification”
The purpose of this form is to ensure Contractor/Consultant DBE commitments are attained, properly reported, and credited in accordance with DBE crediting provisions based on the capacity the DBE performs the scope of work/service.

This form further serves to collect DBE utilization data required under 49 CFR, Part 26.

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Contractor/Consultant is required to complete and submit this Form to the City by the 15th of each month until completion of the Agreement.

Contractor/Consultant must submit this report following the first month of Agreement activity. Even if no DBE participation will be reported within a period, Contractor/Consultant must execute and return the form.

The report must include the following information:

1. General Agreement Information – Including Agreement Number and Title, Contractor/Consultant Name and the following:
a) Original Agreement Amount
b) Running Total of Change Order Amount
c) Current Agreement Amount
d) Amount Paid to Contractor/Consultant during Month
e) Amount Paid to Contractor/Consultant from Inception to Date f) DBE Contract Goal
g) Total Dollar Amount of DBE Commitment
h) DBE Commitment as Percentage of Current Agreement Amount

2. Listed and Proposed Contractor/Consultant/Subcontractor Information – For All DBE participation being claimed either race-neutrally or race-consciously, regardless of tier:
a) DBE Firm Name, Address, Phone Number, DBE Capacity Type, Certification Type and Certification Number.
b) DBE Firm Contract Value Information:
c) Original Contract Amount, running total of change order amount, Current Contract Amount, Amount Paid to Contractor/Consultant or Subcontractor(s)/Subcontractor(s) During Month and Amount Paid to Contractor/Consultant or Subcontractor(s) to date.

Contractor/Consultant is advised not to report the participation of DBE(s) toward the Contractor/Consultant’s DBE attainment until the amount being claimed has been paid to the DBE.
ii. Contractor/Consultant Assurance of Full Compliance with Prompt Payment Provisions
By electronically submitting prompt payment data through the electronic system, the vendor is providing assurance that timely payments have been issued to all

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subcontractors in accordance with regulatory mandates and as required by 49 CFR Part 26.29.
iii. Contractor/Consultant Payment Verification Summary Contractor/Consultant is to further maintain and submit a Verification of Payment Summary inclusive of a detailed running tally of related invoices submitted by DBE(s) and non-DBE(s), including dates of invoice submission, dates accepted and corresponding dates and amount of payments made. The Verification of Payment Summary must also include:

DBE(s) and non-DBE(s) invoice number, invoice amount, invoice date, Contractor/Consultant’s invoice number that incorporated the corresponding DBE and non-DBE invoice(s) for billing purposes, date of invoice submission to the City, date and amount the City paid on Contractor/Consultant’s Invoice. The report must reflect a breakout of retention withheld (including retention as specified in subcontract agreement(s) and disputed invoice retention) and retention payments made, check number and date paid to DBEs and non-DBEs.

Contractor/Consultant’s Verification of Payment Summary will be sent to the applicable subcontractor/subconsultant for validation and confirmation. iv. Monthly DBE Trucking Verification Form
Prior to the 15th of each month, Contractor/Consultant must submit documentation on the "Monthly DBE Trucking Verification," Form to the City showing the amount paid to DBE trucking companies. Contractor/Consultant must also obtain and submit documentation to the City showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, Contractor/Consultant may count only the fee or commission the DBE receives as a result of the lease arrangement.

Contractor/Consultant must also obtain and submit documentation to the City showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month.
v. DBE Subcontract Agreements
Contractor/Consultant must submit to the City copies of executed subcontracts and/or purchase orders (PO) for all DBE firms participating on the contract within

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

ten (10) working days of award. Contractor/Consultant must immediately notify the City in writing, of any problems it may have in obtaining the subcontract agreements from listed DBE firms within the specified time.
vi. Semi-Annual Subcontractor/Subconsultant Paid Report Summary The City will require Contractor/Consultant (inclusive of DBE primes) to report payment data to lower-tiers on a semi-annual basis each year, using the “SemiAnnual Subcontractor Paid Report Summary.” These reports will capture payments to Contractor/Consultant and payments to non-DBEs within the respective reporting period. Reported payments to lower-tiers must include a signed payment verification form.

Contractor/Consultant will adhere to the following submittal schedule:
• April 15th Report, reporting period: October 1st through March 31st • October 15th Report, reporting period: April 1st through September 30th vii. Final Report-Utilization of Disadvantaged Business Enterprises (DBE) Upon completion of the project, Contractor/Consultant must complete and submit a "Final Report-Utilization of Disadvantaged Business Enterprises (DBE) Subcontractors," certified correct by Contractor/Consultant or Contractor/Consultant's authorized representative, to facilitate reporting and capturing DBE attainments at conclusion of the project. The form must be furnished to the City within thirty (30) days from the date of project acceptance. The amount of ten-thousand dollars ($10,000) will be withheld from payment until a satisfactory form is submitted.
viii. Disadvantaged Business (DBE) Certification Status Change If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor must notify Contractor/Consultant in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor must notify Contractor/Consultant in writing with the date of certification (Attach DBE certification/decertification letter).

Contractor/Consultant must furnish the written documentation to the City within ten (10) days of receipt. Upon completion of the project, the "Disadvantaged Business Enterprises (DBE) Certification Status Change," must be signed and certified correct by Contractor/Consultant indicating the DBEs existing certification status. If there

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DBE PROGRAM MANUAL
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Disadvantaged Business Enterprise (DBE) Program Manual
2023

are no changes, indicate “No Changes.” The signed and certified form must be furnished to the City within thirty (30) days from the date of project acceptance.

Failure to submit any of the required submittals above and their support documentation within the specified timeline shall result in a penalty of ten dollars ($10) per day, per submittal document.

The City requires Contractor/Consultant to maintain records and documents of payments to lower-tiers, including DBEs, for a period of four (4) years from the date of final payment by the City, unless otherwise provided by applicable record retention requirements for Contractor/Consultant’s agreement, whichever is longer.

These records will be made available for inspection upon request by any authorized representative of the City. This reporting requirement extends to all lower-tiers, both DBE and non-DBE.

The City reserves the right, at its sole discretion, to demonstrate responsiveness to the requirements of CFR 49 Part 26.37 by implementing the following method(s):
a) Posting contractor payment data to a website, database, or other place accessible to subcontractors to assist them in determining when they should expect to receive payment.
b) Requiring Contractor/Consultant to use an automated reporting system, inclusive of, but not limited to, real time entry of payments made and received by Contractor/Consultant and their lower-tiers.

E. DBE Participation Change Requests (§26.53 (f) and (g))

1. DBE Additions
In the event Contractor/Consultant identifies additional DBE Subcontractor/subconsultants or suppliers not previously identified by Contractor/Consultant for DBE participation under the Agreement, Contractor/Consultant must notify the City by submitting a “Request for Additional DBE Firm,” to enable the City to verify the firm's eligibility, capacity, CUF and ensure there is not a scope conflict with another listed firm. Proposed firms cannot be applied towards Contractor/Consultant 's DBE participation until approved by the City.

Contractor/Consultant must also submit, for each DBE identified after contract execution, a written confirmation from the DBE acknowledging that it is participating in the contract for a specified value, including the corresponding

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

scope of work (a subcontract agreement can serve in lieu of the written confirmation).

2. DBE Substitution, Termination and On-going Good Faith Efforts The City requires that Contractor/Consultant not terminate a DBE without the City’s prior written consent. This includes, but is not limited to, instances in which Contractor/Consultant seeks to perform work originally designated for a DBE with its own work force or those of an affiliate, a non-DBE firm, or with another DBE firm.

The City will provide such written consent only if it agrees, for reasons stated in the concurrence document, that Contractor/Consultant has good cause to terminate the DBE firm. For purposes of this section, good cause includes the following circumstances:
i. The listed DBE subcontractor/subconsultant fails or refuses to execute a written contract;
ii. The listed DBE subcontractor/subconsultant fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards.

Provided, however, that good cause does not exist if the failure or refusal of the DBE subcontractor/subconsultant to perform its work on the subcontract results from the bad faith or discriminatory action of Contractor/Consultant; iii. The listed DBE subcontractor/subconsultant fails or refuses to meet Contractor/Consultant’s reasonable, nondiscriminatory bond requirements; iv. The listed DBE subcontractor/subconsultant becomes bankrupt, insolvent, or exhibits credit unworthiness;
v. The listed DBE subcontractor/subconsultant is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and 1,200 or applicable state law; vi. Contractor/Consultant has determined that the listed DBE subcontractor/subconsultant is not a responsible contractor; vii. The listed DBE subcontractor/subconsultant voluntarily withdraws from the project and provides to you written notice of its withdrawal; viii. The listed DBE is ineligible to receive DBE credit for the type of work required;

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

ix. A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract; x. Other documented good cause that you determine compels the termination of the DBE. Provided, that good cause does not exist if Contractor/Consultant seeks to terminate a DBE it relied upon to obtain the Agreement so that Contractor/Consultant can self-perform the work for which the DBE contractor was engaged or so that Contractor/Consultant can substitute another DBE or non-DBE contractor after contract award.

Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor/subconsultant, Contractor/Consultant must give notice in writing to the DBE, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.

Contractor/Consultant must give the DBE five (5) days to respond to Contractor/Consultant’s notice and advise the City and Contractor/Consultant of the reasons, if any, why it objects to the proposed termination of its subcontract or purchase order and why the City should not approve Contractor/Consultant’s action. If required in a particular case as a matter of public necessity (e.g. safety), Contractor/Consultant may provide a response period shorter than five (5) days.

In the event of an approved DBE substitution, termination, or failure of a DBE to complete its work on the contract for any reason, the DBE must be substituted with another DBE or adequate good faith efforts must be documented by Contractor/Consultant within five (5) days, to the extent needed to meet the contract-specific DBE goal. Note: The five (5) day period may be extended for an additional five (5) days if necessary, at the request of the Contractor/Consultant.

The substitute DBE must be certified as a DBE at the time of request for substitution. Contractor/Consultant shall not be entitled to any payment for work or materials unless it is performed or supplied by the listed DBE, unless the DBE is terminated in accordance with this section and is approved by the City.

Should Contractor/Consultant elect to submit good faith effort documentation in lieu of proposing additional DBE participation, the City will review the documentation and provide a written determination to Contractor/Consultant stating whether or not good faith efforts have been adequately demonstrated.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

The substitute DBE cannot work on the Agreement until its work eligibility has been confirmed and required subcontracts, supplies, trucking commitments, or other services have been approved by the City.

F. Dispute Resolution
All contracts U.S. DOT-assisted contracts shall contain provisions or conditions which will allow for dispute resolution remedies in instances where contractors/ consultants violate or breach DBE Program requirements, inclusive but not limited to, prompt payment and provide for such sanctions and penalties as may be appropriate.

Contractors/Consultants shall incorporate this Section into each subcontract related to work arising under a U.S. DOT-assisted agreement and shall not incorporate by reference.

Contractor/Consultant and subcontractor/subconsultant agree to notify the City within five (5) business days of any prompt payment and/or DBE Program disputes which cannot be settled by discussions between the parties involved.

Contractor/Consultant and subcontractor/subconsultant further agree to proceed through informal meetings, mediation, or any combination thereof as further detailed below. Dispute submittals shall include the method(s) of dispute resolution selected, terms, timeframes, and a detailed summary of assistance being requested (as applicable).
i. Informal Meetings:

The City is available to assist Contractor/Consultant with coordination of informal meeting requests to assist in the resolution of disputes between Contractor/Consultant and subcontractor/subconsultant. The City’s DBELO or a designated DBE support representative will conduct the informal meetings with parties in dispute. Representatives from Contractor/Consultant and subcontractor/subconsultant for the purpose of dispute resolution, must include individuals authorized to bind each interested party. All parties must agree to the procedure.
ii. Mediation
The parties to a contract may agree to endeavor to settle a dispute through informal mediation under independent third-party organizations. The City’s DBELO and her designated support staff is considered an independent third party. Submission to informal mediation is voluntary; it is not binding and offers advisory opinions.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

Performance During Dispute: Unless otherwise directed by the City, Contractor/Consultant and its sub tiers shall continue performance under the Agreement while matters in dispute are being resolved.

Flow Down Requirements: The dispute resolution provisions flow down to all tiers.

These provisions shall not apply to disputes between Contractor/Consultant and the City. These provisions do not alter in any way or waive compliance with other provisions in the Agreement.

G. Administrative Sanctions for Non-Compliance
Contractor/Consultant must fully comply with the DBE Agreement requirements, including the City’s DBE Program and Title 49 CFR Part 26 “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” and ensure that all subcontractors, regardless of tier, are also fully compliant. Failure by Contractor/Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement, or such other remedy as the City deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages; and/or

4. Disqualifying Contractor/Consultant from future bidding as non-responsible.

In instances of identified non-compliance, a Cure Notice will be issued to Contractor/ Consultant identifying the DBE non-compliance matter(s) and specifying the required course of action for remedy.

Contractor/Consultant must be given ten (10) working days from the date of the Cure Notice to remedy or to: (1) File a written appeal accompanied with supporting documentation; and/or (2) Request a hearing with the City to reconsider the City’s DBE determination.

Failure to respond within the ten (10) working day period will constitute a waiver of Contractor/Consultant's right to appeal. If Contractor/Consultant files an appeal, the City, must issue a written determination and/or set a hearing date within ten (10) working days of receipt of the written appeal, as applicable. A final Determination will be issued within ten (10) working days after the hearing, as applicable.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

If after review of Contractor/Consultant's appeal, the City decides to uphold the decision to impose DBE administrative remedies on Contractor/Consultant, the written determination must state the specific remedy(ies) to be imposed.

Failure to comply with the Cure Notice and/or to remedy the identified DBE noncompliance matter(s) is a material breach of the Agreement and is subject to administrative remedies including withholding at a minimum of two percent (2%) of the invoice amount due per month for every month that the identified noncompliance matter(s) is not remedied. Upon satisfactory compliance, the City will release all withholdings.

In addition to administrative remedies defined in this section, the City is not precluded from invoking other contractual and/or legal remedies available under federal, state or local laws.

The City of Montebello (City)

DBE PROGRAM MANUAL
The City of Montebello (City)
Disadvantaged Business Enterprise (DBE) Program Manual
2023

City of Montebello
DBE Organizational Chart
City Manager
DBE Liaison
Officer
DBE Support
Staff
DBE
Reconsideration
Officer

ITEM # 21

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager

BY: Joseph Palombi, Director of Planning & Community Development SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4114 FOR

ECONOMIC DEVELOPMENT DATA AND ANALYSIS SERVICES WITH

COSTAR GROUP
DATE: June 28, 2023
RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4114 between CoStar Group and the City of Montebello to provide economic development-related data and analysis services for the City of Montebello;

2. Authorize the Acting City Manager, or designee, to execute the Professional Services Agreement between CoStar Group and the City of Montebello and any related documents in accordance with Montebello Municipal Code (“MMC”) Chapter 3.20.050; and

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

FISCAL IMPACT:

The professional services agreement will be comprised of securing two operating licenses for the City’s economic development staff for a term of 37 full months (approximately three years) initiating upon contract approval. The total monthly fee for two separate licenses will be $688 per month -- this includes a discount applicable to local municipalities of $172 per month. The total cost for the full term of the agreement will be $25,456 ($688 per month x 37 months = $25,456). The Fiscal Year 2023-24 adopted budget anticipated the use of these services, and funding has been included in the Community Development Department budget.

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 28, 2023

BACKGROUND/DISCUSSION:

CoStar is a recognized global leader in commercial real estate information and data analytics with over 3,000 researchers tracking and managing an inventory of commercial properties, transactions, and tenants. The result is a comprehensive analysis of current market information and leasing conditions. The CoStar platform aggregates data, resources, and timely news through an accessible portal that allows City staff to monitor property valuation, lease activity, commercial/retail market conditions, asset management, and analytics citywide. Additionally, the CoStar platform will connect City staff with retailer contacts to present potential development opportunities that will arise with the General Plan update and the future Downtown Montebello Specific Plan and Washington Blvd. Transit-Oriented District (TOD).

The CoStar platform is a specialized technical tool for economic development as it provides a unique platform not found in other online sources and it will enhance and further economic development capabilities for the City of Montebello. CoStar is the only provider that specializes in real estate data at the census level and includes access to all properties, not just samples of parcels and data. Several sectors of the federal and state government use the CoStar platform to aggregate data rather than their own information sources. At the local level, both the L.A. County Assessor’s Office and the County’s economic development unit use the CoStar platform for their inventory management and analytics.

ENVIRONMENTAL:

In accordance with the California Environmental Quality Act (“CEQA”), it has been determined that this action is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the State CEQA Guidelines states that an activity is covered by the commonsense exemption that CEQA only applies to actions/projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the approval of the agreement between CoStar Group and the City of Montebello for data analytics related to economic development opportunities within the City may have a significant effect on the environment, the activity is not subject to CEQA review and none of the exceptions to the exemptions under CEQA Guidelines Section 15300.2 apply.

ANALYSIS:

The anticipated approval of the City’s General Plan Update and the Downtown Montebello Specific Plan will provide City staff the opportunity to be pro-active in identifying development opportunities that will facilitate the growth of accessible housing, retailer recruitment, and other economic development activities. The CoStar platform will allow City staff access to property ownership and activity, retailer expansion trends, and other key analytics that will elevate the City’s presence within the commercial real estate sector. Additionally, CoStar provides an unlimited support network for City staff to prepare analysis and reports to assist with negotiations for development scenarios that may arise from the soon-to-be approved planning documents.

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 28, 2023

SUMMARY:

Upon approval by the City Council of the recommended action, Planning and Community Development staff will initiate a professional services agreement with CoStar to develop a training schedule for the platform. After training, staff will prepare baseline reports to analyze the current market conditions of the Montebello trade area and adjacent zones for use in future presentations related to economic development within the City. The three-year contract totals $24,456 ($688 per month). This equates to an annual cost of $2,121. Funding for the CoStar services has been included in the FY 2023-24 adopted budget.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4114 - Co-Star Group
NEXT STEPS:

N/A

CoStar
Information
Subscription Form
Schedule Of Services Page 1 of 2
{{client es :signer1:signature}}
{{client_es_:signer1:fullname}}
{{client es :signer1:date}}
FOR INTERNAL ONLY: (Ref ID) 2078980
AE: Dimitry Orlov
Location ID: 55414391
Business Code: Government
BILL TO:

Licensee: City of Montebello Planning&Community Development Location ID: 55414391 Address: 1600 W Beverly Blvd City/State/Zip: Montebello, CA 90640-3970 Telephone: (323) 887-1200
Bill-To Contact: Jose Gardea Email for Bill-To Contact: [email protected] USE: BILLING CYCLE:

Total No. Listings: 1 Monthly Semi-Annually
Total No. Sites: 1
Total No. Authorized Users (All Sites): 2 Quarterly Yearly TERM:

Three Years Initial Term
INVOICE TYPE/BILLING PREFERRED: START DATE:

Single Invoice Immediate Start

SERVICES
Site Market Product Description
Monthly License Fees
(Before Tax)
55414391 All Data CoStar Suite $860.00
Total Monthly Fees From Additional Schedule of Services:

Total Monthly License Fees: $860.00
Discounted Monthly License Fees: Per Note Below
The monthly license fees for this proposal shall be discounted by $172.00 from the Start Date through the end of the 37 full month of the Initial Term (the "Discount Period"). Thereafter, Licensee shall pay the License Fees as set forth in the Subscription Form above and in accordance with the terms and conditions of this Agreement. In the event Licensee breaches this Agreement for any reason, including, without limitation, early termination, Licensee shall be liable for the License Fees during the Discount Period, in addition to any payments or penalties for Licensee's breach set forth in this Agreement.

Notes:

This agreement includes the applicable Terms and Conditions for the services identified above, available at https://www.apartments.com/advertise/disclaimers/internet-advertising-terms-andconditions, https://www.apartments.com/advertise/ocps-terms-conditions and/or https://www.costar.com/CoStarTerms-and-Conditions, and any addenda attached hereto between CoStar Realty Information, Inc. (“CoStar”) and the above-named Customer/Licensee (collectively, the “Agreement”), and establishes the terms and conditions under which CoStar will license the products set forth in this Agreement. The Terms and Conditions are an integral part of the Agreement being formed hereby. In addition, this Agreement incorporates by reference the website Terms of Service/Use (the “Website Terms of Use”) available online for each applicable service provided under this Agreement (e.g., www.costar.com, www.apartments.com, www.apartmentfinder.com, etc.). Customer/Licensee agrees to comply with the Website Terms of Use and to regularly review such terms for updates and changes. To the extent a conflict exists, the Subscription Form and the Terms and Conditions shall govern over the Website Terms of Service. Terms used on this Subscription Form and not otherwise defined shall have the meanings set forth in the applicable Terms and Conditions.

In the event Licensee does not execute this Agreement by the following date 1/10/2023, the terms of this Agreement shall become null and void; however, if both parties execute and commence performance of their duties and obligations under this Agreement after such date, this Agreement shall continue in full force and effect and be binding on the parties. Licensee may not make any changes to this Agreement unless agreed to by CoStar in writing. The person executing this Agreement on behalf of Licensee represents and warrants that he or she has been authorized to do so and that all necessary actions required for the execution have been taken. CoStar hereby provides notice that only an authorized officer of CoStar or its parent company can execute this Agreement on behalf of CoStar. Delivery of an executed signature page to this Agreement by electronic means shall be effective and constitute a legal and binding agreement on the parties.

Licensee
Name:

Title:

Scott Wheeler
Chief Financial Officer
Signature:

Title:

Date: June 15, 2023
Address:

Address:
1331 L St NW
Washington, DC 20005-4101
Address:

Address:
1600 W Beverly Blvd
Montebello, CA 90640-3970 USA
Print Name:

Date:

CoStar Realty Information, Inc.

By:

PROFESSIONAL SERVICES AGREEMENT NO. 4114

ATTACHMENT A

CoStar
Information
Subscription Form
User Detail Page 2 of 2

AUTHORIZED SITE & USERS LIST
Licensee: City of Montebello Planning&Community Development Location ID: 55414391 Address: 1600 W Beverly Blvd Montebello, CA 90640-3970
Total Number of Authorized Users at Site 2

USERS AT ABOVE LISTED SITE
Contact Name: Joseph Palombi Phone: (323) 887-1200
Email: [email protected] Role: User
Contact Name: Jose Gardea Phone:

Email: [email protected] Role: User

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CoStar Product Terms and Conditions

1. License. (a) This Agreement between CoStar Realty Information, Inc. and/or STR, LLC, a wholly-owned subsidiary of CoStar Realty Information, Inc. (collectively, “CoStar”), and Licensee concerns one or more products developed and maintained by CoStar consisting of one or more of the following: (1) a proprietary database (the "Database") of commercial real estate and/or lodging industry information, including but not limited to, the information, text, photographic and other images and data contained in or supplied from the Database(collectively, the “Information”) and the proprietary organization and structures for categorizing, sorting and displaying such Information; (2) forecasts, evaluations, simulations, assessments, models, processes, methods, techniques, applications, procedures, formulae, algorithms and other analyses related to real estate, lodging industry and/or securities, including but not limited to those related to the Licensee’s portfolio or otherwise resulting from the performance of services rendered in connection with any consulting agreement between CoStar and Licensee (the “Analysis”); (3) commercial real estate and/or lodging industry market reports, which may contain elements of the Database or the Analysis (for the purposes of this Agreement, the “CoStar Market Reports”); (4) related software (the “Software”) and (5) the STR Benchmark product, including, but not limited to, hotel and lodging reports and benchmarking services (the “STR Benchmark Product”), which, if Licensee receives such product, shall be subject to additional terms and conditions located here: https://www.costar.com/CoStarTerms-andConditions /STRBenchmarking (the “STR Benchmark Terms”). Those portions of the Software, Database, Analysis and CoStar Market Reports that are licensed hereunder, including any updates or modifications thereto, and any information derived from the use of the Database, Analysis or CoStar Market Reports, including as a result of the verification of any portion of the Information, Analysis or CoStar Market Reports by Licensee, are collectively referred to herein as the “CoStar Product.” The CoStar Product and the STR Benchmark Product are collectively referred to herein as “Licensed Product.” (b) During the term of this Agreement, CoStar hereby grants to Licensee a nonexclusive, nontransferable license to use only those portions of the Licensed Product that are expressly identified on the Subscription Form into which these CoStar Product Terms and Conditions and STR Benchmark Terms (if "appliable") are incorporated by reference, subject to and in accordance with the terms of this Agreement. (c) The CoStar Product may be used by no more than the number of users set forth on the Subscription Form and associated with the site(s) specifically identified therein. Except where Licensee is an individual, and therefore the sole Authorized User, all of such users (the “Authorized Users”) must be individuals who are (1) employed by Licensee or an Add a Listing

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Exclusive Contractor of Licensee at a site identified on the Subscription Form and (2) included on CoStar’s list of Authorized Users and associated sites for the CoStar Product. Licensee understands that all individuals that benefit from the CoStar Product at each licensed site, which for the avoidance of doubt includes, without limitation, any broker, agent, researcher, analyst, appraiser, surveyor, valuer, investment professional (including those making/assisting with investment or lending decisions), advisor, underwriter, asset manager, sales or other similar personnel (including, but not limited to, managers or directors managing such personnel) must be an Authorized User and Licensee agrees to notify CoStar if the number of such individuals at a site exceeds the number of Authorized Users set forth in this Agreement. An “Exclusive Contractor” is defined as an individual person working solely for Licensee and not also for themselves or another company with commercial real estate or lodging industry information needs and performing substantially the same services for Licensee as an employee of Licensee. (d) Licensee will ensure that access to and use of the Licensed Product, and the user names and passwords (collectively, the “Passcodes”) and any other authentication method used to access the Licensed Product are available only to Authorized Users, and will not allow anyone other than an Authorized User access to the Licensed Product or Passcodes for any reason.

2. Use. (a) Subject to the prohibitions set forth below, during the term of this Agreement, Licensee may, in the ordinary course of business: (1) use the CoStar Product for Licensee’s internal research purposes; and (2) use the Database (A) to provide information regarding particular properties to its clients and prospective clients; (B) to market particular properties, and (C) to support its valuation, appraisal or counseling regarding a specific property. Licensee may also in the ordinary course of its business share or distribute to clients limited amounts of Information and limited excerpts and discrete portions of Analysis, including limited excerpts and discrete portions from CoStar Market Reports (“CoStar Excerpts”) that are contained in or incidental to its own reports, analyses or presentations for clients (“Client Materials”), provided that: (i) such CoStar Excerpts are only supportive of the substance of the Client Materials; (ii) Licensee shall be liable for any such distribution of the CoStar Excerpts; (iii) Licensee shall always acknowledge CoStar as the source of the CoStar Excerpts within the Client Materials; (iv) the Client Materials shall not include full copies or substantial portions of any CoStar Market Reports and may contain only limited amounts of building-specific and tenant-specific Information; and (v) the Client Materials are not commercially or generally distributed. Subject to Sections 2(b) and 2(c), Licensee may print Information or copy Information into desktop, mobile, or cloudbased word processing, spreadsheet, presentation programs, or general purpose productivity software packages (or any other software programs with the express written consent of CoStar), so long as the level of Information being printed or copied is reasonably tailored for Licensee’s purposes, insubstantial, in the ordinary Add a Listing

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course of Licensee’s business, and used in compliance with this Section. No such programs or storage solutions may be used to create a searchable and/or competitive database of any portion of the CoStar Product, which, for the avoidance of doubt, means a database that permits its users to search for and/or extract individual records or data points within such records. (b) Except as set forth in Section 2(a) and in the STR Benchmark Terms, or as may otherwise be agreed to by parties, Licensee shall not distribute, disclose, copy, reproduce, make available, communicate to the public by telecommunication, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including, without limitation, in electronic form), any portion of the Licensed Product, or modify, adapt or create derivative works of the Licensed Product. (c) Notwithstanding any other provision herein, Licensee shall not: (1) upload, post or otherwise transmit any portion of the Licensed Product on, or provide access to any portion of the Licensed Product through, the Internet, any bulletin board system, any electronic network, any listing service or any other data sharing arrangement not restricted exclusively to Licensee and the Authorized Users, except that (i) Licensee may e-mail a report containing Information or CoStar Excerpts that complies with Section 2(a) to a limited number of its clients and prospective clients, and (ii) for brokerage or other similar commercial real estate Licensees, Licensee may display solely on its own website photographs from the Licensed Product that depict properties that Licensee owns, controls, represents or holds exclusives, provided that under no circumstances shall such photographs be posted on any website that may compete with the Licensed Product; (2) use any portion of the Licensed Product to create, directly or indirectly, any database or product without the express written permission from CoStar; (3) access or use the Licensed Product if Licensee is a direct or indirect competitor of CoStar or provide any portion of the Licensed Product to any direct or indirect competitor of CoStar; (4) store, copy or export any portion of the Licensed Product into any database or other software program, except as set forth in Section 2(a); (5) modify, merge, scrape, disassemble or reverse engineer any portion of the Licensed Product; (6) use, reproduce, publish or compile any Information or Analysis for the purpose of selling or licensing such information or making such information publicly available; (7) use or distribute Information or Analysis that has been verified or confirmed by Licensee for the purpose of developing or contributing to the development of any database, product or service; (8) use any portion of the Licensed Product in a manner that would violate any U.S., United Kingdom, Canadian, European Union or other international, provincial, state or local law, regulation, rule, ordinance or common-law principle, including real estate practice, competition, marketing, advertising, defamation, securities, spam and privacy laws; or (9)(A) use any portion of the Licensed Product in any securities offering materials, registration statement, prospectus or other filing with the U.S. Securities and Exchange Commission or a foreign Add a Listing

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securities regulator (or other materials in each case), (B) incorporate by reference any portion of the Licensed Product into any such registration statement, prospectus or other filing or (C) use any portion of the Licensed Product in any filing with any federal, provincial, state, local or foreign governmental authority; each case of (A), (B) and (C) being in connection with the offer or sale of securities.

3. Ownership. Licensee acknowledges that the Information is comprised of data that is owned by CoStar and its licensors and that CoStar and its licensors have and shall retain exclusive ownership of all proprietary rights to the CoStar Product, including all U.S., United Kingdom, Canadian, European Union or other international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. This is a license agreement and not an agreement for sale. Licensee shall have no right or interest in any portion of the CoStar Product except the right to use the CoStar Product as set forth herein. Licensee acknowledges that the Licensed Product constitute the valuable property and confidential copyrighted information of CoStar and its licensors (collectively, the “Proprietary Information”). Licensee agrees to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, (b) not challenge CoStar’s and its licensor’s ownership of (or the validity or enforceability of their rights in and to) the Proprietary Information, and (c) not remove, conceal, obliterate or circumvent any copyright or other notice or license, use or copying technological measure or rights management information included in the Licensed Product. Licensee shall be liable for any violation of the provisions of this Agreement by any Authorized User and by Licensee’s employees, Exclusive Contractors, affiliates and agents and for any unauthorized use of the Licensed Product by such persons. Without CoStar’s consent, Licensee may not use or reproduce any trademark, service mark or trade name of CoStar or its licensors. Nothing in this Agreement will restrict CoStar from freely using for any purpose, without compensation, any Licensee idea, suggestion, enhancement or other feedback relating to the Licensed Product or new products, features or tools, or any portion thereof.

4. Term. The term of this Agreement shall begin on the Start Date, shall continue for the initial term specified on the Subscription Form (the “Initial Term”), and shall expire at the end of such Initial Term on the last day of the calendar month in which the Start Date occurred, unless earlier terminated pursuant to the terms hereof. This Agreement shall continue thereafter for successive periods of one (1) year (each such successive period being a “Renewal Term”) commencing on the day after the last day of the Initial Term or any Renewal Term, unless at least sixty (60) days prior to the last day of the Initial Term or any Renewal Term, either party has provided the other written notice of an intent not to renew. Licensee acknowledges that it is responsible fAdd a Lis or paymentingt of License Fees (as defined below)

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pursuant to Section 5 for the entire Renewal Term unless the Agreement is terminated in accordance with the notice provisions of this Section. The “Start Date” shall be the date of dissemination by CoStar of a Passcode for such Licensed Product to Licensee; provided, that for existing customers with Passcodes, the “Start Date” shall be the date the Agreement is fully executed.

5. License Fees. Licensee agrees to pay the license fees and all other fees set forth in this Agreement in the currency set out on the Subscription Form (the “License Fees”). Licensee’s obligation to pay such fees shall begin on the Start Date. CoStar will send invoices for the License Fees by email, regular mail or both. In addition to anything set forth herein, CoStar may: (a) on each anniversary of the last day of the calendar month in which the Start Date occurred, increase the License Fees by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the previous twelve months; and (b) at any time during a Renewal Term increase the License Fees or charge other fees for any portion of the Licensed Product or service provided by CoStar, provided, that if Licensee does not agree to the increase or charge implemented solely under this Section 5(b), then Licensee may give CoStar written notice of termination within sixty (60) days of CoStar’s notice of such increase or charge, in which case Licensee shall continue to pay the License Fees in place before the proposed increase or charge until the last day of the calendar month in which Licensee’s notice of termination is delivered, and this Agreement shall terminate with respect to such portion of the Licensed Product on such date. All fees shall be billed in advance in accordance with the billing cycle identified herein and are due net thirty days. All payments received after the due date may be subject to a late payment charge from such due date until paid at a rate equal to the maximum rate permitted under applicable law. In all cases, the amount of License Fees shall be paid by Licensee to CoStar in full without any right of set-off or deduction.

CoStar may accept any payment without prejudice to its rights to recover the balance due or to pursue any other right or remedy. No endorsement or statement on any check, payment, or elsewhere will be construed as an accord or satisfaction. The License Fees do not include value added, sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Licensed Product. CoStar shall not be bound to use third party payment vendors, and any fees charged by such vendors shall be added to the License Fees payable hereunder. At CoStar’s option, Licensee shall pay such taxes or fees directly or pay to CoStar any such taxes or fees immediately upon invoicing by CoStar.

6. Termination. (a) Either party may terminate any portion of this Agreement in the event of: (1) any breach of a material term of this Agreement by the other party which is not remedied within thirty (30) days after written notice to the breaching party; or (2) the other pAardd a Lis ty making an assignmen ting t for the benefit of its

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creditors, or the filing by or against such party of a petition under any bankruptcy or insolvency law, which is not discharged within 30 days of such filing. (b) CoStar may terminate any portion of this Agreement immediately without further obligation to Licensee: (1) upon CoStar’s good faith determination of any violation by Licensee of any provision of Section 1, 2, 3 or 13(a) hereunder, or any material provision of any other agreement between the parties or their affiliates; (2) in the event that CoStar discontinues providing a particular product, upon five (5) days’ written notice at any time in CoStar’s sole discretion, in which case CoStar shall refund any fees paid by Licensee to license the terminated portion of the Licensed Product after the effective date of such termination, and Licensee shall be released of its obligation to pay the associated License Fees due in respect of terminated portion of the Licensed Product after the date of such termination; or (3) in the event (i) Licensee is directly or indirectly owned or controlled (50% or more in the aggregate) by any individual or entity (A) designated pursuant to an economic sanctions program administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), including but not limited to the Specially Designated Nationals and Blocked Persons List and the Sectoral Sanctions Identifications List or (B) who is located, organized, or resident in a country or territory that is, or whose government currently is, the target of comprehensive embargoes imposed by the U.S. government; (ii) Licensee is designated on the Entity List administered by the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) Licensee is in material violation of applicable human trafficking or child labor laws. (c) CoStar may interrupt the provision of any portion of the Licensed Product to Licensee upon CoStar’s good faith determination of any violation by Licensee of any provision of Section 1, 2, 3 or 13(a) hereunder, or any material provision of any other agreement between the parties or their affiliates, and Licensee shall continue to be responsible for all License Fees, provided that Licensee shall not be responsible for License Fees for an interrupted period if there was not an actual violation. CoStar will restore the provision of the Licensed Product only if all amounts due hereunder are paid and if, in CoStar’s reasonable opinion, CoStar has received satisfactory assurances as to the cessation of the violation. (d) Upon Licensee’s breach of any term of this Agreement that leads to a termination of this Agreement, all License Fees and all other fees payable hereunder shall become immediately due and payable in full, and in addition to the foregoing, CoStar’s remedies shall include any damages and relief available at law or in equity. If CoStar retains any third party to obtain any remedy to which it is entitled under this Agreement, CoStar shall be entitled to recover all costs, including attorney’s fees and collection agency commissions, CoStar incurs.

7. Post-Termination. At termination or nonrenewal of this Agreement, Licensee may no longer use any portion of the Licensed Product in any manner. Within ten (10) days after the effective date of termination or nonrenewal, Licensee will Add a Listing

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permanently delete or destroy all elements of the Licensed Product under its control and upon request from CoStar, affirm the completion of this process by execution and delivery to CoStar of an affidavit to that effect reasonably satisfactory to CoStar. CoStar may at its sole expense audit Licensee’s compliance with this provision and the terms of the Agreement, provided, that such audit will occur under Licensee’s reasonable supervision and Licensee shall cooperate in the conduct of the audit. Notwithstanding anything to the contrary in the second sentence of this Section 7, upon any non-renewal or termination of the Agreement, Licensee shall not be required to purge from its hard-copy, electronic or email files STR Benchmarking Deliverables (as defined in the STR Benchmark Terms) or Information that Licensee’s Authorized Users incorporated into its own reports, analyses or other materials in compliance with the terms of this Agreement and which are contained in such hard-copy, electronic or email files, (the “PostTermination Information”); provided, however, that the Post-Termination Information may be retained solely for ordinary corporate systems backup, legal or regulatory purposes and may not be used, copied, distributed or displayed for internal research or marketing or for establishing, populating or being used within any commercial real estate information service or other searchable database or for any other purposes.

8. Licensed Product. Subject to Section 11, during the term of this Agreement, CoStar will provide updated Information and Analysis, as applicable, to Licensee, which updates may be provided through the Internet or in such other manner as determined by CoStar. Licensee is responsible for providing all hardware, software and Internet access necessary to obtain and use the Licensed Product. CoStar reserves the right to modify any part of the Licensed Product or the way the Licensed Product is accessed at any time, so long as such modifications do not significantly degrade the Licensed Product. Licensee shall implement reasonable technical and administrative security controls consistent with industry standards to protect the Licensed Product. In the event of a security incident or breach of Licensee’s (or any permissible Licensee third party) system(s) that affect the Licensed Product or any CoStar Information, Licensee shall promptly respond to the incident or breach, mitigate any damage it has caused and notify CoStar with all relevant information associated with the breach or incident.

9. Information. If Licensee’s business provides any commercial real estate services, Licensee shall use reasonable efforts to keep CoStar informed about commercial and investment space available for lease and/or sale and transaction information with respect to properties that Licensee owns, controls, represents or holds exclusives. Licensee hereby grants to CoStar an irrevocable, non-exclusive license with respect to CoStar’s and its affiliates’ databases to use, modify, reproduce and sublicense with respect to commercial real estate information available on Licensee’s website. CoStar acknowleAdd a Lis dges that if ting Licensee provides CoStar with any

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information or images, Licensee retains its rights to such information and images, even following termination of this Agreement.

10. LIMITATION ON LIABILITY. (a) LICENSEE ACKNOWLEDGES THAT, TO THE

MAXIMUM EXTENT PERMITTED BY LAW, COSTAR AND ITS AFFILIATES AND THEIR

RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COSTAR PARTIES”) WILL NOT BE HELD LIABLE FOR ANY LOSS,

COST OR DAMAGE SUFFERED OR INCURRED BY LICENSEE OR ANY THIRD PARTY

INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATED TO ANY

FAULTS, INTERRUPTIONS OR DELAYS IN THE LICENSED PRODUCT, OUT OF ANY

INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE

LICENSED PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS,

DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE LICENSED PRODUCT. (b) THE COSTAR PARTIES’

AGGREGATE, CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT AND USE OF THE LICENSED PRODUCT SHALL BE LIMITED TO LICENSEE’S ACTUAL,

RECOVERABLE DIRECT DAMAGES, IF ANY, WHICH IN NO EVENT SHALL EXCEED THE

TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO COSTAR UNDER THIS

AGREEMENT DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE. RECOVERY OF THIS AMOUNT SHALL BE LICENSEE’S SOLE AND EXCLUSIVE REMEDY. (c) UNDER NO CIRCUMSTANCES WILL ANY OF THE

COSTAR PARTIES BE LIABLE FOR LOST PROFITS HOWSOEVER ARISING OR FOR ANY

INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL

DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT

OF, BASED ON, RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR

ANY USE OF THE LICENSED PRODUCT, EVEN IF COSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IN THIS SECTION 10(c) IS INDEPENDENT OF LICENSEE’S EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS. (d) NO ACTION ARISING OUT OF OR PERTAINING TO THIS AGREEMENT MAY BE BROUGHT BY LICENSEE MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. (e) THE PROVISIONS OF THIS SECTION

APPLY WITHOUT REGARD TO THE CAUSE OR FORM OF ACTION, WHETHER THE

DAMAGES ARE GROUNDED IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION.

11. NO WARRANTIES. ALTHOUGH COSTAR MAKES EFFORTS TO PROVIDE AN

ACCURATE PRODUCT, THE LICENSED PRODUCT AND ALL PARTS THEREOF ARE PROVIDED ‘AS IS’, ‘WITH ALL FAULTS’, AND ‘AS AVAILABLE’. THE COSTAR PARTIES MAKE NO WARRANTIES. THE COSTAR PARTIES DISCLAIM ANY AND ALL

REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1)

MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFOR Add a ListingT, QUIET ENJOYMENT AND NO

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ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE

LICENSED PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COSTAR PARTY, AND (5) THAT ACCESS TO OR USE OF THE

LICENSED PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. THE ANALYSIS AND COSTAR MARKET REPORTS CONTAINED IN THE

LICENSED PRODUCT MAY INCLUDE, WITHOUT LIMITATION, STATEMENTS

REGARDING COSTAR'S CURRENT OR FUTURE BELIEFS, EXPECTATIONS, INTENTIONS OR STRATEGIES REGARDING PARTICULAR COMMERCIAL REAL ESTATE MARKETS.

THE ANALYSIS AND COSTAR MARKET REPORTS ARE SUBJECT TO MANY RISKS AND

UNCERTAINTIES THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THE ANALYSIS AND COSTAR MARKET REPORTS. LICENSEE UNDERSTANDS

THAT THE ANALYSIS AND COSTAR MARKET REPORTS CONTAINED IN THE LICENSED

PRODUCT ARE BELIEVED TO BE STATE OF THE ART AND, BY REASON OF THEIR

LIMITED PERIOD OF USE, THEIR DEGREE OF ACCURACY IN REPORTING

COMMERCIAL REAL ESTATE MARKET INFORMATION AND MAKING FORECASTS IS NOT PROVEN. LICENSEE SHALL NOT HOLD COSTAR OR ITS LICENSORS

RESPONSIBLE FOR ANY ERRORS IN REPORTING, EVALUATING, ANALYZING,

SIMULATING OR FORECASTING COMMERCIAL REAL ESTATE MARKET

INFORMATION, OR FOR ANY INFORMATION, ANALYSES OR COSTAR MARKET REPORTS COMPRISING THE LICENSED PRODUCT.

12. Assignment. The parties’ obligations hereunder are binding on their successors, legal representatives and permitted assigns. Licensee may not assign or transfer (by operation of law or otherwise) this Agreement nor the license granted hereunder, in whole or in part, without the prior written consent of CoStar.

Notwithstanding anything set forth to the contrary above, in the event of Licensee’s merger with or acquisition of, or acquisition of assets by, any third party, Licensee shall be entitled upon written notice, without approval from CoStar, to assign its rights and obligations under this Agreement to such third party; provided, however, that (a) such assignment shall not result in the elimination of any then-existing CoStar revenue stream from Licensee or such third party; and (b) in no event shall Licensee be entitled to assign its rights and obligations hereunder to any individual or entity that directly or indirectly competes with CoStar or any of its affiliates.

13. Passcodes. (a) Licensee will designate a person authorized to determine and change the level of each Authorized User’s access to the Licensed Product and designated to ensure that Licensee complies with this Agreement. No Authorized User may access the Licensed Product using any Passcode other than the Passcodes assigned to such Authorized User. No Authorized User may share his assigned Passcodes with any other pAdd a Lis erson nor allow ting any other person to use or

6/13/23, 11:53 AM CoStar Terms and Conditions | Costar North America https://www.costar.com/CoStarTerms-and-Conditions 10/14 have access to his Passcodes. During the term of this Agreement, Licensee will promptly notify CoStar of any Authorized User’s change of employment or contractor status with Licensee, including, without limitation, termination of an Authorized User’s employment or contractual service with Licensee, and upon such termination Licensee shall cease using and destroy the Passcodes for such Authorized User. No Authorized User who ceases to be an employee or Exclusive Contractor of Licensee may use any Passcodes in any manner. (b) Each Authorized User’s access to the Licensed Product may be limited to a designated computer and requires the Authorized User to access the Licensed Product solely using the Passcodes and, if required by CoStar, Passcodes with two-factor authentication, including, but not limited to, facial recognition authentication. CoStar is under no obligation to confirm the actual identity or authority of any party accessing the Licensed Product under any Passcode or other authentication method.

14. Indemnification. Licensee agrees to defend, indemnify and hold harmless CoStar, its affiliates, and approved assignees, and their partners, directors, officers, employees and agents for all costs and expenses including, without limitation, attorney’s fees, associated with the defense and settlement of any threatened, pending or completed claim, demand or action resulting from, arising out of or relating to Licensee's use or application Licensed Product in contravention of the terms of the Agreement, including, without limitation, a claim under any laws, rules or regulations (a “Claim”) and shall pay any judgments or settlements based thereon; provided, that CoStar shall give Licensee prompt written notice of the Claim (provided, however, that CoStar’s failure to provide such notice shall not relieve Licensee of its indemnification obligations except to the extent it is prejudiced thereby), sole control of the proceedings or settlement, and, at Licensee’s expense, reasonable cooperation, information and assistance in the defense or settlement negotiations. CoStar may, at its own expense, reasonably assist in such defense if it so chooses, provided that Licensee shall control such defense and all negotiations relative to the settlement of any such Claim. This Section shall survive the expiration or termination of the Agreement for any reason. Solely with respect to any Claim under any laws, rules or regulations pursuant to the Section above, if for any reason the foregoing indemnity is unavailable to any CoStar Party, CoStar shall be entitled to seek in a court of competent jurisdiction Licensee’s contribution to such Claim under any legal or equitable theories available to it.

15. Notices; Invoices. All notices given hereunder will be in writing and delivered by email, personally mailed by registered or certified mail, return receipt requested, or delivered by a well-recognized overnight courier company. If such notice is being delivered to Licensee, such notice shall be delivered to Licensee’s physical address specified on the Subscription Form, email address or to such other address as Licensee may specify, and if being deliv Add a Lis ered tting o CoStar, shall be delivered to the

6/13/23, 11:53 AM CoStar Terms and Conditions | Costar North America https://www.costar.com/CoStarTerms-and-Conditions 11/14 physical address set forth on the Subscription Form, Attention: CoStar Sales, or to the email address or such other address as CoStar may specify. All notices will be deemed given if delivered personally or by email, on the day of delivery, if mailed by registered or certified mail, three days after the date of mailing, if delivered by a well-recognized overnight courier company, one day after dispatch, and if delivered by overnight international mail, four days after mailing. Licensee agrees that CoStar may include notices on invoices sent to Licensee by regular mail or email. Pursuant to Section 4 of this Agreement, Licensee may deliver notices of termination to CoStar via email at the following address: [email protected].

16. Force Majeure. None of the CoStar Parties shall have any liability for any damages resulting from any failure to perform any obligation hereunder or from any delay in the performance thereof due to causes beyond CoStar’s control, including industrial disputes, acts of God or government, public enemy, war, fire, other casualty, failure of any link or connection whether by computer or otherwise, or failure of technology or telecommunications or other method or medium of storing or transmitting the Licensed Product.

17. User Information. Licensee acknowledges that if it creates any settings, saved searches, fields or functions in the CoStar Product or inputs, adds or exports any data into or from the CoStar Product (collectively, the “User Data”), none of the CoStar Parties shall have any liability or responsibility for any of such User Data, including the loss, destruction or use by third parties of such User Data. Licensee acknowledges that it is Licensee’s responsibility to make back-up copies of such User Data. For each licensed site, Licensee is allotted an aggregate amount of 100 megabytes of storage space in the CoStar Product per Authorized User located at that site.

18. Choice of Law; Jurisdiction. This Agreement shall be construed under the laws of the District of Columbia without regard to choice of law principles. CoStar irrevocably consents to the exclusive jurisdiction of the federal and state courts located in the District of Columbia for the purpose of any action brought against CoStar in connection with this Agreement or use of the Licensed Product. Licensee irrevocably consents to the jurisdiction and venue of the federal and state courts located in the District of Columbia, or in any State where Licensee's Authorized Users are located, for purposes of any action brought against Licensee in connection with this Agreement or use of the Licensed Product.

19. Miscellaneous. The version of these CoStar Product Terms and Conditions effective as of the time of the parties' full execution of the Agreement shall be attached to, incorporated into and govern the Agreement. The Agreement may not be amended, modified or superseded, nor may any of its terms or conditions be waived, unless expressly agreed to in writing by all parties. This Agreement contains the entire understanding of the parties with respect to the Licensed Add a Listing

6/13/23, 11:53 AM CoStar Terms and Conditions | Costar North America https://www.costar.com/CoStarTerms-and-Conditions 12/14 Product and supersedes any prior oral or written statements by Licensee, CoStar, or their respective representatives and documents with respect to such subject matter; provided, that this Agreement does not supersede any other written license agreement between the parties unless expressly provided herein. Unless otherwise required by applicable law, Licensee agrees to keep the terms of this Agreement strictly confidential. Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement. The foregoing sentences of this Section shall not limit or exclude any liability for fraud. Licensee agrees that CoStar may send to Licensee and its employees, Authorized Users and Exclusive Contractors communications, including, but not limited to, email communications about new features or products, available real estate listings, product feedback and other marketing content, which the email recipient may unsubscribe at any time. Licensee will comply with all laws related to emails Licensee and/or its employees, Authorized Users and Exclusive Contractors send using the Licensed Product, including, but not limited to, the United States’ anti-spam law (CANSPAM), Canada’s anti-spam law (CASL), the United Kingdom’s General Data Protection Regulation and Data Protection Act 2018 (UK GDPR), the Data Protection Act 2018 and Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), and the European Union’s General Data Protection Regulation (EU GDPR) and any other applicable EU directives (as implemented within the relevant EU member state(s)). If any provision of this Agreement not being of a fundamental nature is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of the Agreement will not be affected. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. Licensee acknowledges that in the event of a breach of any of these terms by Licensee, CoStar may suffer irreparable harm and shall be entitled to seek injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. The failure of any party at any time to require full performance of any provision hereof will in no manner affect the right of such party at a later time to enforce the same. Headings are for reference only. The English language version of this Agreement shall be binding. Any translated version shall serve for information purposes only. The provisions of Sections 2(b), 2(c), 3, 5, 6(d), 7, and 10 through 19 hereof will survive nonrenewal or termination of this Agreement.

Effective Date: June 1, 2022 Add a Listing

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ITEM # 22

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager

BY: David Sosnowski, Director of Recreation and Community Services SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS (RFP NO. 24-1) FOR

GOLF COURSE MANAGEMENT, MAINTENANCE AND OPERATION

SERVICES
DATE: June 28, 2023
RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize staff to issue a Request for Proposals (RFP No. 24-1) for golf course management, maintenance and operation services for the Montebello Golf Course; and

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

FISCAL IMPACT:

It is anticipated that golf course management, maintenance and operation services for the Montebello Golf Course ("Golf Course") will be approximately One Million Three Hundred Twenty-Five Thousand Dollars (1,325,000) per Fiscal Year. The contract will be managed by the City of Montebello's Recreation and Community Services Department and expenses incurred for golf course management are recorded in the Golf Course Enterprise Fund (Fund 610). Once qualifying proposals are reviewed, and staff can bring an agreement forward for City Council approval, amendments to the Fiscal Year 2023- 24 budget will be made, based on projected costs for the mangement, maintenance and operating costs.

BACKGROUND/DISCUSSION:

In September 2022, the Golf Course was closed for renovations and improvements. At this time, the City ended its golf course management contract with S&S LaBarge Golf Incorporated due to the closure. Maintenance of the course and general project support

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 28, 2023

continues to be provided by the current landscape maintenance contractor. The Golf Course is anticipated to reopen in the spring of 2024 with a new configuration that includes a 9-hole regulation course, a putting course, and a lighted 6-hole course that is expandable to a 9/10 hole regulation course in the evening. In preparation for the grand re-opening, the City is proposing to issue RFP No. 24-1 for golf course management, maintenance and operation services.

The awarded vendor will be responsible for all day-to-day operations of the Golf Course to ensure efficient and sustainable services for the community. This includes, but is not limited to, the hiring, training, and supervision of all contractor provided golf course staff, management of pro shop operations, oversight and maintenance of the course grounds and clubhouse, development and implementation of a long-term and strong marketing and promotions campaign, administration of golf cart fleet and rentals, and monthly reporting to the City among other tasks. The awarded vendor would also be responsible for providing ongoing communication, engagement, and coordination with the City, the community, and current concession vendor in the delivery of optimal golf course services.

The City intends to release a RFP that entails all of the above listed tasks and components to best operate the newly re-imagined and transformed Golf Course. It is further expected that the contracting of a single vendor to oversee all components of the operation will yield the City the greatest return on value with savings in management fees for a single operator versus fees associated with contracting multiple operators.

The Golf Course RFP No. 24-1 is expected to be released in the next month and awarded in October 2023 after a thorough review of all bidders. Staff will return to the City Council fro approval of a contract. Any adjustments to the FY 2023-24 budget will be proposed at this time as well. Once awarded, the contractor will begin a preparation period to open the course in the Spring of 2024, and this time will include the development and implementation of an aggressive marketing and promotion plan to encourage high patronage immediately upon the grand re-opening of the renovated Montebello Golf Course.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council authorize issuance of RFP No. 24-1 for golf course management, maintenance and operation services for the Montebello Golf Course attached hereto in substantial form.

ATTACHMENT(S)

1. Attachment A - Draft RFP No. 24-1

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 28, 2023

NEXT STEPS:

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CITY OF MONTEBELLO
Request for Proposals
RFP No. 24-1
Golf Course Management, Maintenance and Operation
Release Date: July 17, 2023
Due Date: September 4, 2023, at 11 a.m. PST

ATTACHMENT A

TO PROSPECTIVE PROPOSERS
The City of Montebello invites proposal submissions under this Request for Proposals (RFP). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
July 17, 2023

PROJECT
Golf Course Management, Maintenance and Operation

PROPOSAL OWNER
City of Montebello – Recreation and Community Services Department 1600 West Beverly Blvd., Montebello, CA 90640
Attn: David Sosnowski, Director of Recreation and Community Services Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Recreation and Community Services Department 1700 W. Victoria Ave., Montebello, CA 90640
Attn: Laurie Aguilar, Management Analyst
Contact Phone: (323) 887- 1200 ext. 374
Contact E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by August 16, 2023, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

Table of Contents Page

1.0 Notice Inviting Proposals 4

2.0 Introduction/About the City of Montebello 5

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 6

6.0 Proposal Submittal 7

7.0 Evaluation of Proposal 7

8.0 Proposal Protests 8

9.0 Execution of Agreement 9

10.0 Insurance 9

11.0 Use of Federal Funds 11

12.0 Non-Commitment of City 11

13.0 Labor Requirements 12

14.0 Records 12

15.0 Subcontractors 12

16.0 Modifications/Changes 12

17.0 Disclosure of Information 13

18.0 City of Montebello Rights 13
Appendix A – Proposal Content and Format
Appendix B – Maintenance Standards
Appendix C – Golf Course Site Plan
Appendix D – Clubhouse Site Plan
Appendix E – Professional Services Agreement Sample
Enclosure 1 – References
Enclosure 2 – Cost Proposal

1.0 Notice Inviting Proposals

2.0 The City of Montebello (City) is seeking proposals from firms interested in entering into an agreement for the management, maintenance, and operation of the recently renovated 9-Hole Montebello Golf Course, maintenance yard, club house/cart room and pro shop following the specifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective bidders must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by August 16, 2023, at 11:00 a.m. PST. ***QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS****
Proposals must be submitted via PlanetBids by September 4, 2023, at 11:00 a.m. PST.

Responses to this request for proposals will be evaluated to determine the Consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.

2.0 Introduction
The City of Montebello (City) is seeking proposals from firms interested in entering into an agreement for the management, maintenance, and operation of the recently renovated 9-hole championship golf course that will feature a new club house/cart room, putting green complex and a new 6-hole (10-hole at night) Par 3 golf course with lights when construction is completed.

The selected firm (Operator) must provide all personnel, labor, equipment, materials, tools, services, and special skills required to manage, maintain, and operate the Montebello Golf Course.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full-service city with a long list of services, employing approximately 480 full-time and part-time employees in public safety, transit, and non-safety functions.

About the Golf Course Campus
Montebello Golf Course (MGC or the ―Golf Course) is located in the City of Montebello (City), in the heart of Los Angeles, about 15 minutes from downtown Los Angeles with easy access off the California State Highway 60 freeway. The City purchased the course in 1941 for use as a municipal golf course.

William F. Bell redesigned five holes in 1962. In 1998-99 the course was again remodeled by David Rainville and Gary Bye, adding 3 lakes, new greens, tees, bunkers and continuous concrete cart paths.

A new irrigation system was added during the 1999 major renovation.

Currently, the Golf Course is in the process of a total renovation/reimagination of the course known as the Montebello Municipal Golf Course Renovation Project (GCR Project). The GCR Project includes the renovation of a portion of the existing Montebello Municipal Golf Course property located immediately south of the future Top Golf and northwest of the Quiet Cannon event center. Topgolf Montebello will be a 66,000 square foot Topgolf-branded commercial driving range and entertainment venue which is expected to include a full-service restaurant, event space, and other associated amenities. The Project will include, among other things: a three (3)-story driving range complex/structure with approximately 102 hitting bays; restaurant and entertainment amenities; outdoor seating/patio areas; a parking lot; a miniature golf course; and common facilities, including a public road that provides access from Via San Clemente, on approximately 15 acres.

The GCR Project area is approximately 72.5 acres of the golf course campus. When completed, the GCR 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 GCR Project will include a new 9-hole championship golf course with a new club house/cart room, putting green complex and a new 6-hole (10-hole at night) Par 3 golf course with lights.

The Project is expected to be completed in Spring of 2024 which will coincide with the opening of the new Golf Course alongside Top Golf.

3.0 Timeline
• Release RFP July 17, 2023
• Online Q&A Deadline August 16, 2023,11 a.m. PST
• Deadline to Submit Responses September 4, 2023, at 11 a.m. PST • City Review of Submissions September 4 – September 25, 2023 • Interviews with Consultants TBD (If Necessary)
• Notifications Sent to Vendors Early/Mid-July October
• Award Late October 2023

4.0 Purpose
The purpose of the Request for Proposals (RFP) is to solicit proposals from qualified firms interested in contracting with the City of Montebello (City) to provide Management, Maintenance and Operational services for the Golf Course. Maintenance and management services include, but are not limited to irrigation, landscape, open space and hardscape maintenance services, along with all needed supplies and equipment needed to operate and maintan the Montebello Municipal Golf Course and on an annual basis for the City’s Golf Enterprise Fund.

The selected firm (Operator) will be responsible for all day-to-day operations of the Golf Course to ensure efficient and sustainable services for the community. This includes, but is not limited to, the hiring, training, and supervision of all contractor-provided golf course staff, management of pro shop operations, oversight and maintenance of the course grounds and clubhouse, development and implementation of a long-term and strong marketing and promotions campaign, administration of golf cart fleet and rentals, and monthly reporting to the City among other tasks. The awarded vendor would also be responsible for providing ongoing communication, engagement, and coordination with the City, the community, and current concession vendor in the delivery of optimal golf course services. Award of this contract will be made by the Montebello City Council (City Council).

5.0 Scope of Work/Services
The selected firm (Operator) must provide all personnel, labor, equipment, materials, tools, services, and special skills required to manage, maintain, and operate the Montebello Golf Courses. Detailed Specific Terms and Conditions are attached in Appendices A (Proposal Content and Format) and B (Maintenance Standards). In general, the required services include:

Golf Course Operation Services: operating and staffing the golf shop; collecting and remitting all fees to the City; marshalling services; handling merchandise sales, rentals, purchases, storage, and repairs of all golf related merchandise and equipment; providing a youth golf program, golf instruction; golf car rentals and maintenance; coordinating and promoting tournaments; and handling related activities.

Golf Course Maintenance Services: performance of landscape and other maintenance as set forth in the Suggested Maintenance Level Frequencies (Appendix B) and in keeping with the highest standards of quality and performance.

Other Required Services: marketing; employee training; golf course security; accounting; and records keeping.

The services shall be performed daily on a year-round basis. The Operator shall provide a level of operation and service per Appendices A and B, safety and customer service.

Proposers must have a minimum of five (5) years of experience performing golf course operations, golf course maintenance, and other functions specified in this RFP within the past ten (10) years at a minimum of three (3) full-service municipal golf facilities in California. The City intends to award a single Golf Course Maintenance and Operation Agreement (Agreement), but retains the rights to award the Agreement in a way that is most favorable to the City. The Agreement will have a term of five (5) years. Additional information regarding contract scope, terms and other conditions are contained in this RFP.

It is the intent and expectation of the City to provide for its residents and visitors a professional and desirable golfing experience with a customer service level commensurate with “best practices” of municipal golf facilities. The daily fees and services will be established by the Montebello City Council in January of 2024 with the intention of providing the operator with the greatest flexibility to aggressively market the course. The Montebello Golf Course is run as an Enterprise Fund and revenues need to cover all regular expenses, as well as small improvement projects, annually. The City expects the golf course, golf shop, and cart room facilities to be managed, maintained, and operated per Appendix C.

The City specifically desires to achieve the following:

1. Provide a quality, family-friendly experience at affordable rates for all age groups.

2. Have all course management, operations, and maintenance activities performed professionally and with minimal City operational support.

3. Maximize the financial return on the Montebello Golf Course while maintaining affordable rates as provided by the Montebello City Council.

4. Ensure course maintenance levels are consistent and of an acceptable level.

The City expects the standards of the Course to remain at a top level by following the detailed scope of work and maintenance frequencies outlined in Appendix B.

6.0 Proposal submittal
Please review Appendix – A (Proposal Format and Content), attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline.

Any responses transmitted and/or time-stamped after the deadline will not be accepted. Vendors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid any technical difficulties/errors.

7.0 Evaluation Criteria
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:

A. Preliminary Proposal Review - The evaluation committee will review submissions to ensure

adherence to the minimum/proposal format requirements.

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals based on the following:
i. Qualifications as they relate to this project (60%)
a. Thoroughness and understanding of the tasks to be completed b. Background and experience in organizational analysis evaluation c. Knowledge of the City of Montebello and local needs
d. Experience of personnel assigned to the work
e. Communication Skills
ii. Reputation for integrity and competence (20%)
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for Service (20%)

8.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.

When a protest is filed before a scheduled proposal opening, certain steps must be followed:

A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.

C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.

D. All potential proposers will be advised of a pending protest.

E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delayed by failure to make the award promptly; or • Failure to make a prompt award will otherwise cause undue harm to the City.

The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respond and include a response to each substantive issue raised in the protest.

After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting Consultant a fair review and shall have up to ten (10) working days to review the protest and render its decision.

9.0 Execution of Agreement
The resulting agreement (see attached sample Appendix B) shall be signed by the successful Consultant and returned within the required insurance within ten (10) business days after the City has provided written notice that the Consultant has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.

Should the successful Consultant decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.

10.0 Insurance
The Consultant selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

If requested, the "City of Montebello, its officials, employees, and agents" must be separately

endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (nonowned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

If an automobile is not necessary to perform services, the Firm must submit a written request for a waiver of this requirement.

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.

Required Insurance Documentation
Certificate of Insurance
The Certificate Holder must be listed as follows:

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:

Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.

Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non-contributing basis with any insurance or self-insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.

In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.

Consultants may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-by-case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

11.0 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed-through" to the City from a non-Federal entity (i.e., sub-recipient agreements).

These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

The following standards apply to all purchases of items and services using Federal funds:
• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition • Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible
• Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.

12.0 Non-Commitment of City
While the City intends to select a Consultant through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

13.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Consultant and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.

B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Consultant shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant allow the use of or presence of alcohol or drugs on the premises or in the building.

C. Non-Discrimination: The Consultant shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.

D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.

E. Prevailing Wages: Certain labor categories under this project are subject to prevailing wages as identified in the State of California Labor Code Sections 1720-1815. The Operator shall conform to applicable wage rates. It is required that all mechanics and laborers employed or working at the site be paid not less than the basic hourly rates of pay and fringe benefits as shown in the current minimum applicable wage schedules. The Operator must use the current wage schedules applicable at the time the work is in progress.

Maintenance activities in excess of $15,000 per year require registration with the Department of Industrial Relations. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to propose or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

14.0 Records
The Consultant agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Consultant to audit any performance aspect under this agreement.

15.0 Subcontractors
The Consultant shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

16.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term.

Changes in the agreement requirements and corresponding changes in compensation may be

implemented upon the mutual understanding between the City and the Consultant. These changes will be processed through the City Manager.

17.0 Disclosure of Information
A. The Consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Consultant shall be used exclusively in connection with the performance of services.

B. The Consultant shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Consultant hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

18.0 City of Montebello Rights
At its discretion, the City reserves the right to:

A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Consultant, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
iii. The Consultant failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.

Please review:

Appendix A – Proposal Content and Format
Appendix B – Maintenance Standards
Appendix C – Golf Course Site Plan
Appendix D – Clubhouse Site Plan
Appendix E – Sample Professional Services Agreement

Appendix A

PROPOSAL CONTENT
A. PROPOSAL FORMAT AND CONTENT
Although no specific format is required by the City, this section is intended to provide guidelines to Proposers regarding features which the City will look for and expect to be included in the proposal.

1. Presentation
Proposals shall be typed, with 12 pt font, single spaced and submitted on 8 1/2 x 11" size paper, using a single method of fastening. Charts and schedules may be included in 11” x 17” format. Proposals should not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged, and presentations should be brief and concise.

2. Letter of Transmittal
The Letter of Transmittal shall be addressed to David Sosnowski, Director of Recreation and Community Services and, at a minimum, shall contain the following:
a. Identification of Proposer that will contract with the City. Identification shall include legal name of company, corporate address, telephone and fax number. Include name, title, address, e-mail and telephone number of the contact person.
b. Identification of all proposed subcontractors including legal name of company, contact person’s name and address, phone number and fax number. Relationship between Proposer and subcontractors, if applicable.
c. Acknowledgment of receipt of all RFP addenda, if any. d. A statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the submittal deadline. e. Signature of a person authorized to bind the Proposer to the terms of the proposal.
f. Signed statement attesting that all information submitted with the proposal is true and correct.
g. Department of Industrial Relations (DIR) registration number.

3. Technical Proposal
a. Qualifications, Related Experience and References
This section of the proposal should establish the Proposer’s ability to perform the required work by reasons of: experience in performing work of the same or similar nature; demonstrated experience working with public agencies; financial strength and stability of the Proposer; staffing capability; work load; and supportive client references. Equal weighting will be given to firms for past experience performing work of a similar nature whether with the City or elsewhere.

Proposers shall:
(1) Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees.
(2) Provide a general description of the firm's financial condition, identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede the Proposer’s ability to complete the project. City does not have a policy for debarring or disqualifying.
(3) List the golf courses currently under management by the firm and provide reference contacts for the course owner and at least three user groups, (i.e., corporate users for sponsored tournaments etc.). (4) Minimum operational requirements: At a minimum, the Proposer shall include all services offered for public golfing at Montebello Golf Course, including provision of golf carts and maintenance of Golf Course. Such minimum services include: maintaining the course; charging and taking in green fees and golf cart rental fees; scheduling tee times; renting golf carts and clubs; maintaining the parking lot and other means of access to the course; regulating play; enforcing golf course rules; providing internet utilities; and providing security as needed. The golf course premises are to be open for public golf play daily from daybreak to sunset seven days a week, including holidays.

The Proposer may recommend a period during which the course(s) may be closed due to weather, maintenance needs, or other factors and shall provide the City at least 48 hours advanced notice. Submit a proposed course maintenance schedule as it relates to daily, weekly, monthly or quarterly activities for the City’s review and approval.

(5) Additional operational requirements: The provision of additional services designed to enhance the golfing experience and provide increased revenue are expected of the Operator. Such services may include providing golf lessons, operating a pro shop, collaborating with the City on a Junior Golf Program, etc.
(6) Proposer shall state its facility maintenance schedule and its plan to ensure consistent quality control for the Golf Maintenance Yard, Pro Shop and Golf Cart Room.
(7) The Proposer shall include a detailed and specific listing of proposed accounting program that can provide revenue and expense information to the City on a monthly basis.
(8) The Proposer may provide details of education/training programs for its staff, including rigorous customer service and safety programs and state and federally mandated training components.
(9) The Operator is expected to operate and maintain the golf courses as specified in this RFP. In addition, the Operator is highly encouraged to implement enhanced marketing of special programs and implement additional course improvements to increase golf course usage resulting in additional revenues. As an incentive, the City is willing to split the additional gross revenues with the Operator beyond certain thresholds. T h e O p e r a t o r s h a l l propose a percentage split between the City and the Proposer at the levels.
(10) Rate Structure
A. Green Fees
B. Cart Fees
C. Driving Range
D. Food & Beverage
E. Facility Rental
F. Incentives
NOTE: The City Council shall establish base fees for the Golf Course including minimum rates and all discount rates as adopted in the upcoming Golf Fee Study
(11) The Proposer shall provide its ideas/proposal for an improvement plan for the term of the Agreement, including funding responsibility, and decision/approval process. The improvement plan must include a phasing plan indicating immediate (year 1) improvements and phasing plan for other improvements. Please list all maintenance equipment, carts, and any other replacement equipment.
(12) The Proposer will describe what a capital reserve fund would look like for future capital improvements and suggested funding method.

(13) The Proposer will describe any youth golf program it operates or is affiliated with. Implementation of a youth golf program could be included in the Agreement or addressed via an amendment to the Agreement within the first year of operation.
(14) Provide a Financial Statement or Balance Sheet that contains the most recent and current annual audited financial statement or balance sheet for the Proposer. If the Proposer is a wholly or substantially owned subsidiary of a parent firm, the most recent and current financial statement or balance sheet for that firm shall also be submitted. Each Proposer must demonstrate and verify its financial capacity to manage the golf course. A financial commitment statement identifying funding source must also be submitted showing adequate funds to finance the Capital Improvement Plan (CIP) as indicated in the proposal.
16) Force Majeure: Provide a minimal monthly City paid maintenance amount that would take effect in the event of a catastrophic event forcing course closures.
b. Annual Budget and Five-Year Pro Forma
Provide an annual budget for 2024 by month for the Golf Course on the provided bid form. Provide a monthly cash flow summary and a five-year pro forma which includes planned and realistic expenditures and revenues with total costs associated with the operation of each facility. The pro forma must include all separate comments of operations. Following the recommended and necessary maintenance standards outlined in this RFP and its Appendices, it is expected the proposer shall bill the City on a monthly basis for all actual incurred costs including payroll, management fees, chemical and material procurement, equipment, etc. c. Three Year Marketing Plan and Budget
Describe your marketing plan for the course and experience marketing golf courses. Give examples of successful marketing plans and innovative social media and marketing campaigns you have developed and implemented.

Describe ability to establish community partnerships, loyalty programs, educational programs, and solutions to provide additional non- golf entertainment and hospitality opportunities. Include ways to increase revenue sources, fundraise, apply for grants, and enhance the sponsorship opportunities.
d. Proposed Staffing and Project Organization
This section of the proposal should establish the method that will be used

by the Proposer to manage the maintenance and operations as well as identify key personnel assigned. Proposed Staffing and Organization are to be presented by the Proposer for the course operation identified in the Scope of Services.

Proposers shall:
(1) Provide education, experience, and applicable professional credentials of maintenance and operational staff the course. Include applicable professional credentials or certificates of “key” staff. (2) Furnish brief resumes (not more than two pages each) for the proposed Superintendent and Operations Manager and any other key personnel such as the golf pro/instructor.
e. Detailed Work Plan
Proposers shall provide a narrative that addresses the Scope of Services at each course and shows their understanding of the City's needs and requirements.

Proposers shall describe the proposed approach and work plan for completing the services specified in the Scope of Services. The description of the proposed approach shall discuss the services in sufficient detail to demonstrate the Proposer’s ability to accomplish the City’s objectives. f. Transition Plan
The proposal shall include a plan for working with the incumbent firm on the transition, if a transition to a new firm is to occur and the extent to which the incumbent firm’s staff will be considered for possible retention. g. Golf Cart Need
The City has leased Forty-six (46) new EZ-Go Golf Carts. Maintenance, operation and management of City-owned golf carts is the responsibility of the Operator.
h. Equipment Need
The current operator has an active lease for equipment for the operation and maintenance of the Montebello Golf Course. I t i s e x p e c t e d t h a t t he Operator shall provide, at its sole cost and expense, all equipment, carts, machinery, vehicles, supplies, merchandise, and other items of personal property as necessary or desirable for the efficient operation of the courses. The City prefers new equipment but will consider well maintained equipment less than five years old.

i. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Proposer wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, Proposer will be deemed to have accepted the contract requirements of the Agreement.

4. Appendices
Information considered by Proposer to be pertinent to this proposal and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Please note that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief.

Appendix B
Maintenance Standards
Golf Course Maintenance: Procuring all materials, labor, tools, equipment, supplies, and services required to maintain the golf course property in a manner that promotes and supports operations.

Maintenance areas for which Operator is responsible include: golf course tees, greens and collars; fairways; irrigated and non-irrigated rough; bunkers; water features; lakes; cart paths; bridges and crossings; range and practice areas; putting/chipping surfaces; fencing and turf; golf pro shop exterior; signage; storage areas; maintenance yard; golf pro shop; parking lots and cart storage.

Duties also include implementing and managing an Integrated Golf Course Management Plan (for chemicals and pest management) and satisfying all environmental requirements related to the maintenance of a golf course. Operator also is required to maintain and monitor any drought response programs currently that could be implemented.

A qualified, full-time, Class A member of the Golf Course Superintendents Association of America (GCSAA) shall directly and exclusively supervise all golf course maintenance.

SPECIFIC MAINTENANCE STANDARDS & SPECIFICATIONS

1. LANDSCAPE:

A) GREENS AND NURSERY:
a. Maintain all greens in accordance with playability and industrywide standards. Nostanding water or mud will be allowed.
b. Mow greens during the March-November period six (6) times per week and during the December-February period four (4) times per week with an approved greens reeltype mower at a height of 1/8”- 5/32”. Frequencies and height of cut may be modified from time to time as deemed necessary by the golf course. All grass clippings must be collected and removed from the site during each mowing operation.
c. Relocate ball cups daily to USGA Standards to enable worn turf spots to recover. Setpin placement, in healthy turf area with proper colored flag. Set hole plugs at propergrade.
d. Replace soil and re-seed following removal of nursery sod. e. Verticut greens up to once per week during periods of active turf growth. Coordinateverticutting, aerifying and topdressing, combing and brushing.

f. Aerify greens at least three (3) times per year or more frequently, if needed, and remove plugs the same day. Aerify with conventional hollow tines two times peryear. Aerify with deep tine methods to relieve soil compaction and to promote a healthier growing environment, one time per year. Minimize interference to play.Schedule aerification well in advance and in conjunction with the Golf Concessionaire.
g. Apply and brush an approved topdressing material into the turf following all aerifications with an approved topdressing spreader.

Apply spot topdressing to repairdamage from ball marks or any other damage. Apply light topdressing in conjunction with verticutting.
h. Analyze soil within 30 days after the start of the term of the contract and at least onceevery year thereafter. Apply fertilizer in the quantity and type recommended by soil analysis and growing conditions at the time of treatment and in a manner to provide uniform growth of turf. Apply 6 to 7 pounds of actual nitrogen per thousand square feet per year under normal conditions. Utilize a variety of granular slow release types of material.
i. Treat greens with proper chemicals to control insects, disease, weeds and other pests.
j. Keep greens and collars free of foreign grasses and/or broadleaf weeds that tend tocreep in from the edges.
k. Take electroconductivity (EC) readings weekly to determine salts levels and if theyare above normal, take corrective action to reduce them.
l. Treat, sod, plug, and level bare or stressed areas properly. m. Mow greens collars two-to-three (2-3) times per week to a height of 1/4‖ with anapproved greens reel type mower.

2. FAIRWAY MAINTENANCE:

A) Maintain all fairways in accordance with accepted playability and industrywide standards at all times. Mow fairways two-three (2-3) times weekly, depending on thegrowing season, at height of ½".

B) Verticut fairways as necessary for turf health and good playing condition.

C) Aerify, spike, or slice at least two (2) times per year, or more often if needed. Spotaerify to relieve compaction.

D) Determine fertilization frequency, materials and analysis from results of bi-annual soil nutrient level testing and growing conditions at the time of treatment. Apply 175 pounds of actual nitrogen per acre, per year, under normal conditions. The Operator may make suggestions for more or less frequent fertilization based off soil samples and previous experience with turf. Take soil tests atleast one (1) time per year.

E) Treat turf to control weeds, diseases, insects and other pests as necessary to maintainhealthy turf, weed-free, and disease-free conditions.

F) Police all areas on a regular basis and remove all paper, leaves, cans, bottles, treebranches, and other debris.

G) Ensure that there is no standing water or mud holes.

H) Ensure that yardage markers and balls are in place and maintained.

I) Ensure that cart traffic management devices are in place.

J) Treat, sod, plug, and level bare or stressed areas properly.

K) Mark out-of-bounds, ground-under-repair, and other areas properly.

3. TEE MAINTENANCE:

A) Service tees two-to-three (2-3) times per week, depending on season, by moving tee markers, benches, and ball washers. Change tee towels weekly and keep ball washersfilled to proper level with water and appropriate cleaning agent. Ensure that tee markers placed in healthy areas with tee markers set flat.

B) Mow tees three (3) times weekly with reel type mower at height of 3/8” and removeclippings.

C) Verticut tees at least twice per year for thatch removal.

D) Aerify and top-dress tees at least three (3) times per year or more frequently if needed,using the appropriate equipment with the minimum of interference to play.

E) Determine fertilization frequency, types of material and analysis from results of bi- annual soil nutrient level testing and growing conditions at the time of treatment. Apply 8 to 10 pounds of actual nitrogen per thousand square feet per year under normalconditions. Typically combinations of granular slow release type of materials may be utilized.

F) Repair worn and damaged turf areas as they occur by topdressing, overseeding or re-sodding to ensure playability at all times. Treat, sod, plug, and level bare or stressedareas properly.

G) Treat tees for control of insects, disease, weeds and other pests as necessary to maintainhealthy turf, weed-free, and disease-free conditions.

H) Empty trash receptacles daily.

I) Ensure that there is no standing water or mud holes.

4. ROUGHS MAINTENANCE:

A) Maintain turf areas in accordance with acceptable industrywide standards at all times,observing the following minimum requirements:

a. Mow one-to-two (1-2) times per week, depending on growing season, at aheight of 1-½" to 2”.
b. Verticut as necessary to promote healthy growth.
c. Aerify, spike, or slice at least two (2) times per year, or more often if needed.Spot aerify to relieve compaction.
d. Overseed and top-dress (or re-sod) worn or bare turf areas as necessary.
e. Determine fertilization frequency, materials and analysis from results of bi- annual soil nutrient level testing and growing conditions at the time of treatment. Apply 87 pounds of actual nitrogen per acre, per year under normalconditions.
f. Treat turf to control weeds, disease, insects and other pests as necessary tomaintain a healthy turf, weed-free, and
disease-free.
g. Ensure that there is no standing water or mud holes. h. Treat, sod, plug, and level bare or stressed areas properly. i. Ensure that all play areas are free of debris.
j. Mark out-of-bounds, ground-under-repair, and other areas properly.

5. BUNKERS:

A) Clean and rake sand bunkers daily; ensure that the sand is not compacted.

B) Edge turf mechanically around sand bunkers monthly or more frequently if required toensure a neat appearance. Maintain the design outline of the bunkers to ensure the integrity of the bunker shape.

Ensure that traps have 2" lip on lower side. Ensure that there is no excess sand buildup on high side.

C) Remove excess sand in the turf surrounding the trap on a regular basis.

D) Ensure a minimum of two (2) rakes are available at all sand bunkers at all times.

E) Maintain the existing bunker drainage and repair as needed.

F) Ensure that there is no standing water or mud holes.

6. TREES:

A) Perform all trees trimming on a schedule submitted to and approved by the City.

B) Prune trees as required to remove broken or diseased branches. The contractor shall develop a pruning program, which will promote proper tree scaffolding, strength, andappearance consistent with its intended use.

C) Fertilize as often as required to keep trees in a healthy and desirable

condition. Avoid applying fertilizer to root ball or base of main stem; rather, spread evenly in area of dripzone
D) Provide additional nutrient treatments to ailing or stunted trees, which fail to meetexpected growth, to correct any deficiencies or be remove and replace in kind.

E) Remove surface roots, which become maintenance or appearance problems, as requiredto prevent damage to adjacent areas.

F) Remove and replace dead or terminally diseased trees.

G) Do not use string trimming within 12” around the base of trees. Mow around base of trees. A minimum of 12” bare soil or mulched buffer zone shall be maintained aroundthe circumference at the base of all trees.

7. GROUND COVER:

A) Apply all chemical control (i.e. pesticides) as required to control or prevent pestinfestations to protect ornamental plantings.

B) Trim ground cover adjacent to walks, walls and/or fences as required for generalcontainment to present a neat, clean appearance
C) Cultivate and/or spray herbicide to remove broad-leafed and grass weeds as required.Keep shrub beds free of weeds.

D) Keep ground cover trimmed back from all controller units, valve boxes, quick couplers,or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into curbs, or on structures or walls. Keep trimmed back approximately 4 inches from structure or walls.

E) Schedule fertilization of all ground cover areas with a commercial fertilizer as often asrequired, but no less than twice a year, to promote healthy appearance.

8. IRRIGATION SYSTEM/EFFICIENT USE OF WATER:

A) Establish and program an efficient watering schedule. Determine application rates based on the amount of water the areas require to properly irrigate all plant materialwhile eliminating excessive runoff.

B) Factor in soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, run off, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day ornight, type of grass, plant and root structure. This may include syringing during the day and watering during periods of windy weather.

C) Set the controllers to operate during the period of lowest wind velocity which would normally occur at night, especially in areas where wind creates problems ofspraying onto private property or road rights of way.

D) Monitor all systems within premises daily and correct for: coverage,

adjustment,clogging of lines and sprinkler heads, removal of obstacles, including plant materials which obstruct the spray.

E) Check the soil moisture content on greens, tees and fairways regularly and makeappropriate adjustments. Conduct visual observations, check plant resiliency, turgidity, examine cores removed by soil probe, moisture sensing devices, and program irrigation controllers accordingly.

F) Repair all leaking or defective valves, lines and sprinkler heads as soon as possiblebut no later than within 24 hours.

G) Turn off all controllers when it is not necessary to irrigate due to adequate rainfall.

9. IRRIGATION SYSTEM MAINTENANCE:

A) Make repairs according to the industry standards and conform to all related codesand regulations.

B) Adjust the height of sprinkler risers necessary to compensate for growth of plantmaterials.

C) Maintain or replace all controller enclosures as needed, to maintain a goodappearance.

D) Keep sprinkler heads and valve boxes clear of overgrowth, which may obstructmaximum operation.

E) Make repairs made to the irrigation system according to the system’s originaldesign with products equal to or higher quality than currently provided.

F) Maintain and re-certify backflow devices as required by regulatory agencies.

G) Maintain pressure-regulating devices on a regular basis.

H) Check and maintain pumping stations and booster pumps to industry standards.Keep all preventative maintenance current.

I) Clean and service the lake fountains in conjunction with the regular cleaning of thelakes. Keep in good repair and always functioning. Secure intake covers properly.

J) Ensure that all valve boxes are visible and there are no missing or broken valve boxlids.

K) Ensure that all reclaimed water lids are purple and valves are properly tagged to denote reclaimed water per industry/Health Department Standards.

NOTE: The Golf Course will be irrigated with reclaimed water, pumping from the large lake.

10. LAKE AND CHANNEL MAINTENANCE:

A) Maintain weed and algae control program.
a. Remove all visible litter/trash from lakes at time of detection.

b. Ensure that aerator(s)/fountain(s) are working at all times. c. Ensure that the water is clear.
d. Maintain the lakes at their proper level.
e. Mark water hazards properly.
f. Employ erosion control methods as necessary.

11. PEST CONTROL:

A) PESTICIDES:
a. General: Use all materials in strict accordance with and applied within the standards set forth in the EPA regulations and the California Department of Foodand Agricultural Code.
b. Obtain all required permits and maintaining the required usage documentation. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of the contractor including, but not limited to, reporting tothe Los Angeles County Agricultural Department.

B) APPLICATION OF PESTICIDES:
a. Timing: Apply pesticides at times that limit the possibility of contamination fromclimatic and other factors. Apply early morning whenever possible to avoid contamination from drift. Monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.

Reduce irrigation water runoff after applied treatment. Apply water only when it is required to increase pesticide efficiency, without excessive runoff.
b. Handling of Pesticides: Handle transfer and mix pesticides to prevent contaminating areas outside the target area. Ensure that materials are confined to the target area. Do not drain spray tanks containing leftover materials on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the California Department of Food and Agricultural Code or EPA regulations. c. Equipment and Methods: Ensure that spray equipment is in good operating condition, quality, and design to efficiently apply material to the target area. Avoid high pressure applications and using water soluble drift agents will minimize drift
d. Recommendations: Ensure that all pesticide applications shall be in accordance with written recommendations provided by a licensed pest control advisor (PCA). A licensed qualified applicator (QAC) shall be on site during application.

12. PLANT PESTS CONTROL:

A) Provide complete and continuous control and/or eradication of all plant pests or diseases.

B) Supply the proper chemical designated for the pests to be controlled.

C) Obtain all necessary regulatory permits and assume responsibility for the use of allchemical controls.

13. ANIMAL AND RODENT CONTROL:

A) Control and eradicate rodents and other animal pests as necessary to prevent hazards,holes and destruction of plantings on golf course property.

B) Repair damage to public or private property due to erosion as a result of rodent activity.

14. HARDSCAPES, COURSE EQUIPMENT, FENCING,LIGHTING,
PATHS, SIGNAGE:

A) CART PATHS:
a. Sweep or blow clean of debris weekly or more often as needed. b. Edge and scrape clean once every three (3) weeks.
c. Repair all potholes and/or other surface damage or defects immediately upondetection to ensure a safe usable surface. d. Control all weeds growing in cracks, expansion joints and other hard surfaces using chemical weed control.
e. Ensure that the surfaces non-slip and free of standing water.

B) FENCES/GATES:
a. Check and repair all fences, gates and railings regularly to ensure a safe, secure andaesthetically pleasing condition at all times.

C) COURSE ACCESSORY EQUIPMENT
a. Provide, maintain, repair, and replace all course accessory equipment in a clean, safe, functioning condition at all times and repaint as required to present an aestheticallypleasing appearance.

Replacement course accessory equipment needs to meet current standards.
b. Accessory equipment shall include, but not be limited to the following:

1. Ball Washers

2. Benches

3. Flags and Poles

4. Greens Cups

5. Range Mats

6. Range Yardage Markers

7. Sand Rakes

8. Signage

9. Tee and Fairway Markers

10. Tee Towels

11. Trash Receptacles
D) SIGNAGE:
a. Replace or add, as needed.
b. Proper placement is evident.
c. Proper colors and logo in place
d. Clean and readable

15. FACILITIES:

A) MAINTENANCE YARD:
a. Keep the maintenance yard and building clean and neat at all times with all material inventories and supplies stored in a manner in keeping with CAL-OSHA, and all Local, County and State regulations.
b. Lock or otherwise secure when unattended to discourage unauthorized entry.
c. Clean office and lunchroom floors monthly or as needed.

B) RESTROOMS – NOTE: This includes restrooms in the Club House, Golf Maintenance Yard, Cart Room and 2 All-Gender restrooms on the Golf Course
a. Clean and sanitize restrooms daily using cleaning and sanitizing agentsrecognized for use in public restrooms. b. Maintenance shall include, but not be limited to:

1. Sweep and mop floor

2. Clean and sanitize basins, metal fixtures, urinals,
toilets and trashreceptacles

3. Clean and polish mirrors

4. Check and restock paper supplies as needed.Clean
walls, ceilings,screens and windows monthly or as
needed.

5. Repair and replace leaky or malfunctioning fixtures immediately upon detection.

6. Lock and unlock restrooms for opening and closing.

7. Check light fixtures daily and re-lamp faulty fixtures as needed at time of detection.

8. Provide appropriate temporary signage for restroom floors which are wet for any reason.

C) GRAFFITI:
a. Inspect golf course and facilities daily for evidence of graffiti.

Pay special attention to restrooms, signs, markers, curbing, paving, tees, utility poles/boxes and/or anyother structures or fixtures.
b.Remove any/all graffiti within four (4) hours of detection. c.Paint over any graffiti with a color consistent with that of the original surface.
d.Remove by sand or water blasting any graffiti on non-painted surfaces.

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9 SC1 SC5SC2 SC3 SC4 SC6 SC7 SC8 SC9 SC10 PPG2 Drawn By Date Project Number ::: Revisions : SHEET OF All ideas, designs, and arrangements indicated on these drawings are intended to be used in connection with this specific project only and shall not otherwise be used for any purpose whatsoever without the written consent of SportFive. There shall be no changes or deviations from these drawings or the accompanying specifications without the written consent of SportFive. MONTEBELLO MUNICIPAL GOLF COURSE

MONTEBELLO, CALIFORNIA
RENOVATION PROJECT 2 17 GOLF COURSE SITE PLAN GOLF DESIGN COURSE PLANS FUTURE DEVELOPMENT TOPGOLF PARKING TOPGOLF GOLF CLUBHOUSE GOLF PARKING LAWN EVENT EXISTING LAKE EXISTING LAKE EXPANDED LAKE

NEW ENTRY ROAD
VIA SAN CLEMENTE EXISTING HOME2 SUITES HOTEL EXISTING MAINTENANCE GOLF COURSE EXISTING EVENT FACILITY QUIET CANNON EXISTING HILTON GARDEN INN EXISTING MONUMENT VIA CAMPO N. GARFIELD AVE PARKING NORTH
0 50 100 200 300 MJA 22 - 01 SPORTFIVE 7077 E. Marilyn Road, Suite 140 Scottsdale, Arizona 85254 (480) 483-9500 RICK SMITH 4400 NW 87th Ave Doral, Florida 33178 (305) 591-6487 Bentgrass for all green surfaces. be planted consisting of Bermuda grass for tees, fairways and rough, and conditions. Additional trees will be installed as needed. All new turf will appropriate to remain or be removed for playability and better turf paths. All existing trees will be carefully reviewed and determined if irrigation system will be installed. Golf cart paths will be continuous cart existing and new in ground storm drainage system. All new efficient bunkers. New golf course drainage will be installed and connected to the All areas of the course will be reshaped and include all new tees and the Short Course. and in view from the new Golf Clubhouse, as well as an integral part of of the Short Course. One of the existing lakes will be used as a feature entry feature adjacent to the new Entry Drive, as well as an integral part into the new golf course. One of the existing lakes will be expanded as an irrigated turf area. Three existing lakes are to remain and incorporated The new nine-hole golf course consists of approximate 54.6 acres of interested in playing a four hole loop. Beginners to the game of golf or people on a wait-list for Topgolf might be Options of playing a four-hole loop (Holes 1, 2, 3, 4) is provided. again after Hole #7. will have access to the existing on-course restroom after Hole #4 and to return to the Golf Clubhouse after Hole #4. During the round, golfers enjoyable and easy to walk. During the round, golfers will have the option designed for playability, enjoyment and safety. The golf course will be The new routing of the golf course and sequence of golf holes was possible. be larger for multiple pin options and best quality greens turf conditions challenge of the avid, better golfer and not a beginner. Green sizes will multiple tees at various yardages. Bunker placement is dictated for The new nine-hole golf course is designed for players of all abilities, with NINE-HOLE GOLF COURSE tees, fairways and rough, and Bentgrass for all green surfaces. as needed. All new turf will be planted consisting of Bermuda grass for for playability and better turf conditions. Additional trees will be installed carefully reviewed and determined if appropriate to remain or be removed new efficient irrigation system will be installed. All existing trees will be connected to the existing and new in ground storm drainage system. All bunkers and new greens. New golf course drainage will be installed and All areas of the course will be reshaped and include synthetic tees, new be memorable and be an added value to the new Entry Drive experience. The lake expansion will add to the golf experience, provide a challenge, irrigated turf area. The existing lake is proposed to expand to 1.2 acres. The new six-hole golf course consists of approximate 6.3 acres of more casual and less intimidating for the beginner or non-golfer. addition, the synthetic tees will be more consistent playing surface and be people where to play from and will increase efficiency in time of play. In will not grow and be a maintenance issue. Also, the synthetic tees “guide” the amount of play, and short wedge shots on each hole. Real turf tees Small synthetic turf tees are designed into the golf course. Because of atmosphere for post round enjoyment. adjacent to Hole 1 tee, providing golf operations control and a great We recommend considering a small “Starter” type patio / gathering area The location of the six-hole course works well with the Golf Clubhouse. course will be overhead lighted and have on-course music. experience to enjoy. For maximum playability and revenue the ten-hole under 90 minutes. No cart paths on this course, a great walkable course can be played in under 60 minutes, and the ten-hole course in might be interested in playing this short course. We estimate the six-hole non-golfers. Being located near Topgolf, people on a wait-list for Topgolf This unique golf experience is inclusive for all, golfers of all abilities and continue well into the night. new Golf Clubhouse. The ten-hole short course will be lighted for play to experience and create an energy and vibrant atmosphere adjacent to the play. A ten-hole short course will allow for a more substantial golf additional short holes also ranging from 50-90 yards will be available for the six-hole short course will convert to a ten-hole short course. Four In the late afternoon when the regulation length Nine-Hole Course closes, game. There are six-holes that range from 50 yards to 90 yards in length. course will help avid, more skilled golfers practice and improve their short abilities. In addition to a relaxed, casual atmosphere, the new six-hole The new six-hole golf course is designed for fun and players of all SIX-HOLE & TEN-HOLE SHORT COURSE Hole Par Yards 1 3 90 2 3 80 3 3 70 4 3 80 5 3 50 6 3 70 Total 18 440 SIX-HOLE Short Course Hole Par Yards 1 3 90 2 3 80 3 3 70 4 3 80 5 3 50 6 3 70 7 3 60 8 3 90 9 3 80 10 3 90 Total 30 760 TEN-HOLE Short Course NINE-HOLE GOLF COURSE Hole Par Yards Black Blue White Red 1 5 505 495 485 450 2 4 430 420 410 390 3 4 355 345 335 310 4 4 390 380 370 350 5 3 225 215 205 180 6 4 430 420 410 390 7 4 365 355 345 320 8 4 350 340 330 315 9 3 135 125 115 100 Total 35 3,185 3,095 3,005 2,805 SHORT COURSE EXISTING LAKE EXISTING RESTROOM IRRIGATION PUMP STATION NINE-HOLE LENGTH GOLF REGULATION COURSE SIX-HOLE & TEN-HOLE SHORT COURSE July 22, 2022 November 17, 2022 1 Final Golf Construction Plans

Appendix E

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. ______
WITH _____________
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 202_ (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and __________________________ (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide __________________________ services in the CITY; and WHEREAS, the CONSULTANT 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 performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

1. This Agreement and its Exhibits, including scope of work, fee schedules, and any and all addenda or supplemental agreements.

2. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide _________________________ services as set forth fully in the scope of work, as such is set forth fully in Exhibit “A” attached hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

PROFESSIONAL SERVICES AGREEMENT NO. _____

c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”).

The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one-year extensions 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 CITY’s applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorneyclient privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product

PROFESSIONAL SERVICES AGREEMENT NO. _____

shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by

PROFESSIONAL SERVICES AGREEMENT NO. _____

giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “nonrefundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

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

SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants

PROFESSIONAL SERVICES AGREEMENT NO. _____

with workers’ compensation insurance or any other insurance.

SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 14. INDEMNIFICATION.

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

PROFESSIONAL SERVICES AGREEMENT NO. _____

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for nonpayment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The 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

PROFESSIONAL SERVICES AGREEMENT NO. _____

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]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY. l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and

PROFESSIONAL SERVICES AGREEMENT NO. _____

expenses.
m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

PROFESSIONAL SERVICES AGREEMENT NO. _____

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

PROFESSIONAL SERVICES AGREEMENT NO. _____

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 email (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:

If to CITY: City of Montebello
Attn: Arlene Salazar,Assistant City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [ENTER EMAIL ADDRESS]
With a copy to: City of Montebello – Department Name
Attn: Name and Title of Department Head
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 558 -1625 ext.

Email: [ENTER EMAIL ADDRESS]
If to Consultant: Consultant Name
Attn: ___________________
Address
City, CA #####
(###) ###-####
Email
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would

PROFESSIONAL SERVICES AGREEMENT NO. _____

conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. _____

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO CONSULTANT NAME
Arlened Salazar, Assistant City Manager Full Name, Title ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Request for Proposals for Services and
Contractor’s Proposal
• Exhibit B – Schedule of Compensation
• Exhibit c – Live Scan Fingerprinting Requirement

EXHIBIT “A”
Request for Proposals for Services and Contractor’s Proposal

EXHIBIT “B”
Schedule of Compensation

EXHIBIT “C”
Live Scan Fingerprinting Requirements
Prior to commencing services, the CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department. The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work.

City of Montebello
Golf Course Maintenance, Management and Operations
RFP No. 24-1
ENCLOSURE 1 – REFERNCES
Consultant Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Consultant Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Consultant Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service

City of Montebello
Golf Course Maintenance, Management and Operation
RFP No. 24-1
ENCLOSURE 2 – COST PROPOSAL
The proposal includes all labor necessary to perform site evaluations and labor necessary to prepare reports and documents, including the cost of any transportation and other expenses.

Golf Course Maintenance, Management and Operations $___________________ (Please list the proposed total in words below)
____________________________________________________________________________________

Extra of Miscellaneous Charges not reflected above (must be itemized):

Item: $
Item: $
Item: $
Item: $
Item: $
The undersigned, on behalf of the consultant, certifies that: (1) the person whose signature appears below is legally empowered to bind the firm in whose name the proposal was submitted; (2) has read the complete RFP and understands all provisions; (3) if accepted by the City, this proposal is guaranteed as written and will be implemented as stated. (4) by submitting this proposal, consultant agrees to all the terms, including but not limited to, each and every provision of the General Term and Conditions; and (5) mistakes in writing of the submitted proposal will be the consultant’s responsibility.

Authorized Signature: Date:_______________
Name: Title:

Company Name: Phone:

ITEM # 23

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager

BY: David Sosnowski, Director of Recreation and Community Services SUBJECT: AUTHORIZE SUBMISSION OF AN APPLICATION FOR LICENSE

AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR

POTENTIAL ASHIYA PARK EXPANSION AND MONTEBELLO EDISON

TRAILS PROJECT
DATE: June 28, 2023
RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize the submission of an application for a License Agreement with Southern California Edison;

2. Authorize the Acting City Manager to execute the application on behalf of the City; and

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

FISCAL IMPACT:

Southern California Edison ("SCE") allows local governments to apply to use SCE owned properties for purposes compatible with their primary utility purpose, current and future use of the land, and operational criteria. There is no cost associated with applying for a license. If approved, staff will return to City Council to request appropriation of funds to develop the proposed Ashiya Park Expansion and Montebello Edison Trails Project ("Ashiya Park Trail Project") at the appropriate time.

BACKGROUND/DISCUSSION:

The Ashiya Park Expansion and Trail Project proposes to construct an approximately 10- acre linear park trail corridor across twelve parcels owned by SCE. The proposed project site stretches from North Garfield Avenue near Ashiya Park, runs parallel to Findlay Avenue, and ends at Via Campo. The project will result in the expansion of Ashiya Park by adding approximately 1.1 miles of usable park trails. Though the current parcels are owned by SCE, they allow local governments to apply for a license agreement in order to utilize their properties for objectives compatible with their primary utility purpose. The

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 28, 2023

City is currently in a similar license agreement with SCE for the existing Ashiya Park property and as such can be used for public park and recreation purposes.

To utilize the various SCE owned parcels for development of the potential Ashiya Park Trail Project, the City is required to apply for an SCE license and receive approval. Once approved, SCE will provide the City with guidelines and restrictions for construction including materials, plant types and stringent clearance guidelines with existing power lines.

The City's Parks Master Plan, adopted in 2021, identifies the City as being deficient in trails and further identifies several opportunities for increases in parks and open space for the residents of Montebello. One of the areas identified as a potential location for park space and trails was along the SCE owned corridor. This area presents an opportunity to increase trails within the City while allowing for passive recreational experiences along the aforementioned trail and potential sports-related uses on the parcel(s) closest to the existing Ashiya Park. The potential trail would provide a safe connection from Ashiya Park, Eastmont Intermediate School, Cantwell Sacred Heart of Mary School, and the Montebello Golf Course to various communities within the vicinity of the proposed trail. The multi-purpose trail would provide the Montebello community with a safe space for active recreation, such as walking, biking, and running, and aims to promote health and wellness.

ENVIRONMENTAL:

Pursuant to Section 15317, Class 17, of the California Environmental Quality Act (“CEQA”) Guidelines, the license agreement to accept existing easement areas for purposes of enhancing and maintaining the open space character of the areas is exempt from CEQA.

ANALYSIS:

N/A
SUMMARY:

The City Council will consider authorizing the submission of an application for a License Agreement with Southern California Edison and authorizing the City Manager to execute the license agreement on behalf of the City.

ATTACHMENT(S)

1. Attachment A - Southern California Edison License Application

2. Attachment B - Montebello Edison Trails Study
NEXT STEPS:

N/A

REQUEST FOR SECONDARY LAND USE – INTAKE AND REFERRAL
PREPARED BY: DATE:

REQUESTING PARTY INFO
REQUESTING PARTY:
(Company, City, etc.)
CONTACT:
(Person’s Name)
ENTITY:
(Company, Individual, etc.)
PHONE: FAX: EMAIL:

ENTITY’S ADDRESS: CITY: STATE: ZIP:

RIGHT-OF-WAY REQUESTED
PROPERTY ADDRESS: CITY: COUNTY/AREA:
(Thomas Guide Pg., if available)
PROPERTY CROSS STREETS:
(with North, South, East, West identifier)
OTHER DESCRIPTIONS:

ASSESSOR PARCEL #:

INTENDED USE
GENERAL DESCRIPTION:

DURATION OF USE:

LOW INTENSITY USES (CHECK ALL THAT APPLY)
GREENBELTS (grass, shrubs, and trees) TEMPORARY ACTIVITIES (i.e. Filming, Construction Laydown, etc.)

TRAILS FOR WALKING, HIKING, HORSEBACK RIDING & NON-MOTORIZED BIKING WIRELESS COMMUNICATION FACILITIES HORTICULTURE AND AGRICULTURE (i.e. Nurseries; Excludes community gardens) OVERFLOW PARKING OTHER:

ATTACHMENT A

AUGUST 2022

ATTACHMENT B

ACKNOWLEDGEMENTS
City of Montebello:

David Sosnowski - Director of Recreation & Community Services KTUA:

Mike Singleton - Principal Planner & Landscape Architect Matthew Wilkins - Project Manager & Landscape Architect Chris Stebbins - Senior Designer
Marissa Tietz - Planner

TABLE OF CONTENTS

1. Existing Conditions..2

1.1 Project Background..................2

1.2 Walkshed Map...........................3

1.3 LOCAL Mapping........................4

2. Amenities Toolkit.....13

2.1 Surface Treatment....................14

2.2 Signage & Wayfinding..............15

2.3 Edge Treatment & Fencing......16

2.4 Furnishing..................................17

2.5 Staging Area/ Entry Nodes......18

2.6 Placemaking Features...............19

2.7 Lighting......................................20

2.8 Security.......................................21

2.9 Basis of Design.........................22

3. Proposed Trail Design...23

2 MONTEBELLO EDISON TRAIL STUDY

EDISON TRAIL

MASTER PLAN
Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477

1. Existing Conditions

1.1 Project Background
The Montebello Edison Trail (Trail) is an approximately 10-acre linear corridor owned by Southern California Edison that stretches from North Garfield Avenue near Ashiya Park, runs parallel to Findlay Avenue, and ends at Via Campo. The intent of the study is to explore the possibility of developing this corridor into a usable trail. Per the Montebello Parks Master Plan the city was deficient in trails, and the Edison Corridor presents a wonderful opportunity to increase the trails within the city. Furthermore, this trail provides a safe connection to Ashiya Park, Eastmont Intermediate School, Cantwell Sacred Heart of Mary High School, and future development anticipated at the existing municipal golf course to the various communities within the vicinity of the trail as seen in Figure 1-2 (Walkshed Map).This trail would create walkable trails with fresh landscaping and minor recreational amenities in the narrow 50’ parcels and explore park development in the larger parcel near Ashiya Park.

View into section of the Montebello Edison Trail
Figure 1-1: City Map

TABLE OF CONTENTS 3
Walkshed Map
5 minutes and
10 minutes

EDISON TRAIL

MASTER PLAN
Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:8,000
0 500 1,000
Feet
5 Minute
Walkshed
10 Minute
Walkshed
Current entry gates for section of the Edison Trail

1.2 Walkshed Analysis
Walkshed analysis is a Geographical Information System (GIS) generated polygon. The output of this analysis represents a 5-minute and 10-minute walkshed (given a walking speed of 2.5 mph). The resulting service catchment areas were overlaid on the city base map to see which neighborhoods are well covered by access to the Edison Trail. The map to the left displays a 5-minute and 10-minute walkshed to show which areas surrounding the trail would have convenient access to the Trail.

Figure 1-2: Walkshed Map

4 MONTEBELLO EDISON TRAIL STUDY

1.3 L.O.C.A.L. ANALYSIS
LOCAL analysis stands for the Location of Opportunities, Constraints, Assets, and Liabilities. It is important to conduct this type of analysis to understand the overall performance of the location and ask what is working well and what isn’t?
In looking at the Montebello Edison Trail, there are several areas that lay within the LOCAL categories, for example:

Location of...

L C
Challenges
» Long corridors with limited access
points poses a safety concern
» Electrical towers
» Vehicle clearance for service
O
Opportunities
Proximity to:
» Disadvantaged communities
» Parks
» Schools
» Connections with other trails, bike
paths/lanes, sidewalks
» Bus stops
» Golf course/ new top golf facility and
future development
» Large open space near Ashiya Park,
location for field, or plaza
» Passive park space and landscaping
» View of the mountains
» Potential bikeway and bike parking
facilities
» Potential for active transportation and
linear recreation
A
Assets
» Connections to neighborhood and
community
» Existing trees
» Existing crosswalk
L
Limitations
» Community garden space
» Near highway/ high speed roads
» Limited availability for infrastructure
Maps on the following pages, identify these areas and
helped shape the final concepts seen later in this report.

TABLE OF CONTENTS 5
""
1 inch = 50 feet
1:50 Scale Map Series
Along Corridor
Parks
Schools
U Bus Stops
Disadvantaged Community (SB 535)
Transmission Tower Footprints
5ft Buffer
"" EntrancePoints
Edison Right-of-way
Analysis
Opportunity
Challenge
Asset
Limitation

EDISON TRAIL
MASTER PLAN Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:600
0 5025
Feet
2 3 4 5 6
8 7
1 E
Airphoto taken
01/30/2022
Located near the golf
course and new top
golf location. Great
space for entry node.

Landscaping buffer
or fencing with art

VIA CAMPO

FINDLAY AVE

HENDRICKS ST

6 MONTEBELLO EDISON TRAIL STUDY
""
""
1 inch = 50 feet
1:50 Scale Map Series
Along Corridor
Parks
Schools
U Bus Stops
Disadvantaged Community (SB 535)
Transmission Tower Footprints
5ft Buffer
"" EntrancePoints
Edison Right-of-way
Analysis
Opportunity
Challenge
Asset
Limitation

EDISON TRAIL
MASTER PLAN Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:600
0 5025
Feet
2 3 4 5 6
8 7
1 E
Airphoto taken
01/30/2022
Landscaping buffer
or fencing with art

FINDLAY AVE

HENDRICKS ST

DEWAR AVE

TABLE OF CONTENTS 7
""
""
Montebello
Golf Course
1 inch = 50 feet
1:50 Scale Map Series
Along Corridor
Parks
Schools
U Bus Stops
Disadvantaged Community (SB 535)
Transmission Tower Footprints
5ft Buffer
"" EntrancePoints
Edison Right-of-way
Analysis
Opportunity
Challenge
Asset
Limitation

EDISON TRAIL
MASTER PLAN Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:600
0 5025
Feet
2 3 4 5 6
8 7
1 E
Airphoto taken
01/30/2022
Landscaping buffer
or fencing with art
Large corridor with
limited access point.

Poses a security
threat for trail users

FINDLAY AVE

HENDRICKS ST

BARR AVE
Large corridor with
limited access point.

Poses potential security
threat for trail users

8 MONTEBELLO EDISON TRAIL STUDY
""""
""
""
Montebello
Golf Course
1 inch = 50 feet
1:50 Scale Map Series
Along Corridor
Parks
Schools
U Bus Stops
Disadvantaged Community (SB 535)
Transmission Tower Footprints
5ft Buffer
"" EntrancePoints
Edison Right-of-way
Analysis
Opportunity
Challenge
Asset
Limitation

EDISON TRAIL
MASTER PLAN Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:600
0 5025
Feet
2 3 4 5 6
8 7
1 E
Airphoto taken
01/30/2022
Landscaping buffer
or fencing with art
Large corridor with
limited access point.

Poses a security
threat for trail users
Potential bikeway
and walkway connection if the community garden stays
Area requires
cleanup and
additional grading to allow for
trail access.

FINDLAY AVE

HENDRICKS ST

VIA SAN DELARRO
Large corridor with
limited access point.

Poses potential security
threat for trail users

TABLE OF CONTENTS 9
""
""
""
""
""
""
Eastmont
Middle
School
1 inch = 50 feet
1:50 Scale Map Series
Along Corridor
Parks
Schools
U Bus Stops
Disadvantaged Community (SB 535)
Transmission Tower Footprints
5ft Buffer
"" EntrancePoints
Edison Right-of-way
Analysis
Opportunity
Challenge
Asset
Limitation

EDISON TRAIL
MASTER PLAN Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:600
0 5025
Feet
2 3 4 5 6
8 7
1 E
Airphoto taken
01/30/2022
Access to bus
stop and existing
crossing across
Beverly Blvd
High speed
roadway
Alleyway poses a safety concern with limited
eyes on the area. Limited availability for additional infrastructure.

Landscaping buffer
or fencing with art
Located on commercial corridor
and near the
school.

Large corridor with
limited access point.

Poses a security
threat for trail users

FINDLAY AVE

W BEVERLY BLVD
Large corridor with
limited access point.

Poses potential security
threat for trail users

10 MONTEBELLO EDISON TRAIL STUDY
""
""
"
Eastmont
Middle School
1 inch = 50 feet
1:50 Scale Map Series
Along Corridor
Parks
Schools
U Bus Stops
Disadvantaged Community (SB 535)
Transmission Tower Footprints
5ft Buffer
"" EntrancePoints
Edison Right-of-way
Analysis
Opportunity
Challenge
Asset
Limitation

EDISON TRAIL
MASTER PLAN Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:600
0 5025
Feet
2 3 4 5 6
8 7
1 E
Airphoto taken
01/30/2022
Large corridor with
limited access point.

Poses a security
threat for trail users
Landscaping buffer
or fencing with art
Potential access
point to connect
with school
Landscaping buffer
or fencing with art
and provide access
for DAC.

FINDLAY AVE

BRADY AVE
Large corridor with
limited access point.

Poses potential security
threat for trail users

TABLE OF CONTENTS 11
""
""
""
1 inch = 50 feet
1:50 Scale Map Series
Along Corridor
Parks
Schools
U Bus Stops
Disadvantaged Community (SB 535)
Transmission Tower Footprints
5ft Buffer
"" EntrancePoints
Edison Right-of-way
Analysis
Opportunity
Challenge
Asset
Limitation

EDISON TRAIL
MASTER PLAN Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:600
0 5025
Feet
2 3 4 5 6
8 7
1 E
Airphoto taken
01/30/2022
Landscaping buffer
or fencing with art
and provide access
for DAC.

Large open space
provides space for
sports field or plaza
and DAC. Located
near Ashiya Park

BRADY AVE

VIA CERRO

12 MONTEBELLO EDISON TRAIL STUDY
""
""
Ashiya
Park
Ashiya Park
Ashiya Park
1 inch = 50 feet
1:50 Scale Map Series
Along Corridor
Parks
Schools
U Bus Stops
Disadvantaged Community (SB 535)
Transmission Tower Footprints
5ft Buffer
"" EntrancePoints
Edison Right-of-way
Analysis
Opportunity
Challenge
Asset
Limitation

EDISON TRAIL
MASTER PLAN Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:600
0 5025
Feet
2 3 4 5 6
8 7
1 E
Airphoto taken
01/30/2022
Large open space
provides space for
sports field or plaza
and DAC. Located
near Ashiya Park.

Entry node with
bike parking and
landscaping

N GARFIELD AVE

W BEVERLY BLVD

W VIA CORONA

TABLE OF CONTENTS 13

2. AMENITIES TOOLKIT
Multi-purpose trails can come in many different designs. The study team created an amenities toolkit to provide insights into the full spectrum of design treatments for the proposed trail. The intent of the study and the amenities toolkit is not to prescribe a specific trail design but to factor some of the constraints and opportunities that were brought up during outreach into a menu of potential design treatments.

Each amenity discussed in this section has a menu of options listed below it that briefly highlight the longevity, ease of maintenance, aesthetics, and cost of that item. Based on the details of the options under each amenity, the study team determined which items are the suggested improvement for this study.

It is important to note that the costs listed in Section 2.9 represent the consultant’s opinion of probable construction only costs based on current-day market figures at the time of this report. The costs should be further analyzed based on specific site locations, accurate material and item selection, and installation costs at the time of construction. Costs may be greatly affected by significant decreases in the availability of materials and subsequent increases in costs due to the COVID-19 economic impacts and material shortages.

The cost estimates in Section 2.9 don’t include permitting and environmental review, design, and on-going maintenance costs associated with the trail.

Description of Options
In an effort to guide meaningful discussion on what a future trail might look like, the study team made recommendations for two different options of trails, described below. However, a future trail design may incorporate elements from either option or the amenities toolkit.

Option A is a lower cost option with less amenities and improvements and serves as a baseline for what could be done along the corridor.

Option B is a higher cost option which may include a more formal surface treatment, additional placemaking features, furnishings, and additional improvements to the entry areas.

AMENITIES TOOLKIT
Surface Treatments Edge Treatments &
Fencing
Placemaking
Staging Areas/
Entry Nodes
Signage &
Wayfinding
Furnishing
Lighting Security

14 MONTEBELLO EDISON TRAIL STUDY

2.1 SURFACE TREATMENTS
Surface treatments are the materials that make up the path for the trail system. The materials presented range in their accessibility for bicyclists and other wheeled devices. Materials such as decomposed granite (DG), make a great walking/running path but aren’t always the best for cyclists and need frequent maintenance. Materials like asphalt, concrete, and permeable concrete have a longer life span with not as much maintenance and make a great surface for bikes.

Location: The location of the surface treatments are alongthe entire corridor. Depending on the path type, the surface tratment may change such as having a DG walking path along an asphalt road/bikeway. Surface treatments may also occur at access and staging areas, or other areas where amenities, furnishings, and signage are placed.

Decomposed Granite (DG)
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Low-Cost
Concrete
Longevity: 
Ease of Maintenance: 
Aesthetics: 
High-Cost
Asphalt
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Mid-Cost

AMENITY OPTIONS
W Beverly Blvd
Findlay Ave
Dewar Ave
Barr Ave
Via San Delarro
Amenity Location Map
Option A
Option
B

TABLE OF CONTENTS 15
Option A
Option
B
No Improvements
Low-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Mid-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 
High-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 

2.2 SIGNAGE & WAYFINDING
Signage and wayfinding options fall under three different price points: low, mid, and high. Under each option, the amenities for each are the same but fall within these prices due to the materials the items are made of. The amenities included in this category include mile markers, maps, educational signs, etc. An additional option for this category would be minimal improvements, where the trail would include very little or no signage and wayfinding.

Location: It is recommended that signage and wayfinding be found throughout the trail to ensure the safety and effectiveness of their intended purpose. The location of signage and wayfinding is to be placed in highly trafficked areas for users to understand their place throughout the trail. Mile markers, for example, are a great indicator for the trail user and for emergency services to understand their location along the trail. Additional signage such as no trespassing signs can be recommended.

AMENITY OPTIONS
W Beverly Blvd
Findlay Ave
Dewar Ave
Barr Ave
Via San Delarro
Amenity Location Map

16 MONTEBELLO EDISON TRAIL STUDY
Option A Option B
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Trespassing Prevention - Dogs: 
Trespassing Prevention - Peds: 
High-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Trespassing Prevention - Dogs: 
Trespassing Prevention - Peds: 
High-Cost
Welded Wire
Block Wall
Framed Hog Wire
Chain Link
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Trespassing Prevention - Dogs:
Trespassing Prevention - Peds: 
Mid-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Trespassing Prevention - Dogs:
Trespassing Prevention - Peds: 
Low-Cost

2.3 EDGE CONDITION & FENCING
Fencing options for the Trail include a variety of options and price points. Each fencing type has different visibility into the surrounding areas, with some allowing the user to see through the fence/rail, and others blocking all views. Within the different fencing options listed, trespassing prevention is highlighted as it was listed as a main concern from the stakeholders interviewed for this project.

Location: Fencing for the trail is already located at the entry point in each section along the trail. It is proposed that these fences get im- proved with more aesthetic fencing option that is transparent such as a welded wire or framed hog wire fencing and any additional safety chain link fencing be added to the base of the transmission towers if needed.

Additionally, it is proposed that the edges of the corridor along the res- idential blocks get new block walls to ensure that proper security and screening are achieved as a result of the trail improvements.

AMENITY OPTIONS
No Improvements
W Beverly Blvd
Findlay Ave
Dewar AveBarr AveVia San Delarro
Amenity Location Map

TABLE OF CONTENTS 17
Option A
Option
B
Low-Cost
Mid-Cost
High-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Longevity: 
Ease of Maintenance: 
Aesthetics: 

2.4 FURNISHINGS
Furnishing options fall under three different price points: low, mid, and high. Under each option, the amenities for each are the same but range in design treatments, quality of materials, and design. As such, the ranking implies a higher cost item which typically results in a higher-performing furnishing item versus a lower cost item that may have lower performance standards. Benches should be designed to deter overnight stays. The amenities included in the furnishing category include the following assumptions for each category:
» Low-cost: Inexpensive to moderately cost benches and trash receptacles » Mid-cost: Moderately cost benches, trash receptacles, dog waste stations » High-cost: Moderate to high-cost benches, trash receptacles, dog waste stations, bike storage
Location: Site furnishings may be placed throughout the trail at areas where entry plazas, rest stations, or other significant locations along the trail as deemed necessary. The staging areas/entry nodes may include these items see the staging areas/entry nodes section for more information.

Minimal Improvements

AMENITY OPTIONS
W Beverly Blvd
Findlay Ave
Dewar Ave
Barr Ave
Via San Delarro
Amenity Location Map
**
*
*
*
*
*

18 MONTEBELLO EDISON TRAIL STUDY
Option A
Option
B
Low-Cost
Mid-Cost
High-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Longevity: 
Ease of Maintenance: 
Aesthetics: 

2.5 STAGING AREAS/ ENTRY NODES
Staging areas and entry nodes options fall under three different price points: low, mid, and high. Under each option, the amenities for each are the same but fall within these price ranges. Amenities at staging areas/entry nodes typically include kiosks, maps, trailheads, and parking.

Probable costs for these items include the assumed treatments for each cost tier:
» Low-Cost: Entry pedestrian control/gates, DG or gravel surface treatment, no kiosk, no furnishings » Mid-Cost: Entry pedestrian control/gates, concrete surface treatment, mid-size kiosk or rest station, mid-cost furnishings » High-Cost: Entry pedestrian control/gates, enhanced concrete surface treatment, mid-size kiosk or rest station, high-cost furnishings, fitness equipment
Locations: Potential locations for staging areas would be near Ashiya Park at the large open space. Additionally, smaller entry nodes would be added at the entry points of each section of the trail at Dewar Ave, Barr ave, Via San Dekarro, Findlay Ave, and Brady Ave.

AMENITY OPTIONS
W Beverly Blvd
Findlay Ave
Dewar Ave
Barr Ave
Via San Delarro
Amenity Location Map
**
*
*
*
*
*

TABLE OF CONTENTS 19
Option A
Option
B

2.6 PLACEMAKING FEATURES
Placemaking features options fall under three different price points:
low, mid, and high. Under each option, the amenities for each are the same but fall within these prices. Placemaking features under the low-cost category could include murals along the walls, a community-funded installation where community members pay for a tile to personalize to get displayed at entry points of the trail, or an art installations throughout the trail. Examples of a mid-cost art installation would include an entry archway or small statues, whereas high-cost art may have large statues or fountains.

Locations: Art installations may be most appropriate at the staging area/ open field near Ashiya Park and along the trail. Additionally, the backs of brick fencing seen throughout the trail present a great opportunity for murals or other artwork.

Low-Cost
Mid-Cost
High-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Longevity: 
Ease of Maintenance: 
Aesthetics: 
No Improvements

AMENITY OPTIONS
W Beverly Blvd
Findlay Ave
Dewar Ave
Barr Ave
Via San Delarro
Amenity Location Map
**
*
*
*
*
*

20 MONTEBELLO EDISON TRAIL STUDY
Option
B
No Improvements
Overhead (Solar)
Pedestrian Lighting
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Mid-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 
High-Cost

2.7 LIGHTING
Lighting for the Trail can be considered to increase the safety and security of its users. Although lighting may only be used for several hours during the day depending on the operational hours of the trail, it is an important aspect of keeping the trail safe during the evening hours. A Variety of lighting options are available for the trail such as solar, overhead, and in-ground lights.

Locations: Lighting would be located throughout the trail to ensure visibility during the trail’s evening hours. Specialized lighting may be considered at staging areas/entry nodes.

AMENITY OPTIONS
W Beverly Blvd
Findlay Ave
Dewar Ave

TABLE OF CONTENTS 21
Option
B
Call Boxes
Security Cameras
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Mid-Cost
Longevity: 
Ease of Maintenance: 
Aesthetics: 
Mid/High-Cost

2.8 SECURITY
Security options: call boxes, security cameras, security personnel, and drones. Each amenity has its own price-point with some hosting better security programs or more camouflaged than others.

Locations: Security systems should be located at least near entry locations along the trail. Additional security could be located at several places between the entry areas to ensure a more secure pathway. Security options that need to be affixed to poles can be located on existing electric poles located throughout the trail.

AMENITY OPTIONS
No Improvements
W Beverly Blvd
Findlay Ave
Dewar Ave

22 MONTEBELLO EDISON TRAIL STUDY
*Note: Total line item costs include a 25% contingency. Total approximate cost range includes a 8% soft cost. All costs are based on current day material value and assumes prevailing wages for labor (2022).

Amenity Category Trail Cost Park Cost Total Cost
Surface Treatments: $930,480 $778,166 $1,708,646
Signage and Wayfinding: $12,500 $12,500 $25,000
Edge Condition and Fencing: $691,688 $71,325 $741,138
Furnishing: $25,000 $240,625 $265,625
Staging Areas/ Entry Nodes: $12,500 $6,250 $18,750
Placemaking: $12,813 $10,000 $22,813
Lighting: $411,750 $107,000 $518,750
Security: $40,000 $20,000 $60,000
Planting and Site Work $478,128 $913.138 $1,391,265

OPTION A
*Approximate Cost Range: $5.3M - $5.7M
Amenity Category Trail Cost Park Cost Total Cost
Surface Treatments: $1,090,405 $1,020,544 $2,110,949
Signage and Wayfinding: $50,000 $12,500 $62,500
Edge Condition and Fencing: $2,433,750 $71,325 $2,483,200 Furnishing: $50,000 $481,250 $531,250
Staging Areas/ Entry Nodes: $125,000 $6,250 $131,250
Placemaking: $51,250 $25,000 $76,250
Lighting: $571,875 $115,000 $686,875
Security: $40,000 $20,000 $60,000
Planting and Site Work $478,128 $1,036,342 $1,514,469

OPTION B
*Approximate Cost Range: $8.4M - $9.2M

2.9 BASIS OF DESIGN
The baseline improvements option includes various lower cost trail and park elements that are essential to provide a safe and functional project. This option primarily includes amenities with a lower up-front cost; however, as a result this may result in lower estimated longevity and higher long-term maintenance costs.

The proposed surface treatments include a 10 ft wide asphalt Class I Bike path with a Decomposed Granite (DG) edge buffer throughout the trail corridor and park, as well as DG trails for secondary walking pathways.

Minimal concrete surfacing is proposed for a strategic pathway in the park. Plaza spaces with vehicular concrete surfacing and minimal plaza improvements including low-cost benches, picnic tables, trash receptacles and placemaking features in order to provide gathering spaces for increased community engagement throughout the trail. Low-cost amenities are proposed along the primary pathway through the corridor and park including pedestrian lighting, wayfinding signage, and artistic features. Play surfacing is utilized in the park for the playground and limited fitness equipment along the park trails. Basic crosswalk markings provide safety for trail users at a modest price. Proposed security elements include lockable pedestrian gates which would be added to the existing fencing at entry points while maintaining the current vehicular access.

Fencing would be included at the perimeter of the existing transmission towers and security stations with cameras and a call box would be included at each intersection. Additional block walls may be installed at essential locations to create a complete perimeter boundary while utilizing existing walls and fences to save costs. Approximately 30 percent of the perimeter is assumed to require new or replaced walls for this option.

Landscape improvements throughout the trail and park include a combination of low-cost, low-maintenance xeriscaping, in addition to strategic areas of ornamental landscape improvements.

The high-end improvements option includes higher cost trail and park elements that provide higher quality materials and amenities in return for a higher price point. These amenities are designed to increase aesthetics and longevity and decrease maintenance requirements. The proposed surface treatments include a 10 ft wide asphalt Class I Bike path with a Decomposed Granite (DG) edge buffer throughout the trail corridor and park, as well as DG trails for secondary walking pathways. Concrete surfacing is proposed for a strategic pathway in the park. Plaza spaces with enhanced vehicular concrete surfacing (including possibilities with intricate designs and colors) and distinguished plaza improvements including benches, picnic tables, trash receptacles and placemaking features in order to provide gathering spaces for increased community engagement throughout the trail. Additional amenities are proposed along the primary pathway through the corridor and park including pedestrian lighting, wayfinding signage, and artistic features. These higher cost improvements link the trail spaces together with an elegant identity and provide opportunities to showcase higher quality artistic installations. Play surfacing is utilized in the park for the playground and fitness elements along the park trails. Crosswalk markings provide safe road crossings at trail intersections. Proposed security elements include replaced fencing and gates at entry points, fencing at the perimeter of the existing transmission towers, and security stations with cameras and a call box. The replaced fencing shown is a more secure and aesthetically pleasing barrier at the entries of the trail. Block walls are proposed along the entire perimeter to construct a uniform perimeter boundary. Landscape improvements throughout the trail and park include areas of xeriscaping and ornamental landscape improvements.

OPTION A

OPTION B

TABLE OF CONTENTS 23

3. Proposed Trail Design
The proposed trail design focuses on the idea of connectivity and creativity. The Trail creates a unique linear connection for Montebello by stretching through major roadways in the northwest corner of the City.

Through its many different entry nodes, small plaza spaces are available to promote social connectivity. Two entertaining paths explore different experiences as you travel through the Trail’s corridor. An asphalt path is provided for individuals to bike and use wheeled devices, its size also allows for vehicular entry for Edison maintenance vehicles. For a more meditative and creative trail experience, DG walkways weave in-between the asphalt pathway. As identified in the LOCAL analysis, existing wall space opens the opportunity for art installations like murals.

24 MONTEBELLO EDISON TRAIL STUDY

DEWAR AVE
VIA
CAM
P
O

N HENDRICKS ST

N FINDLAY AVE
1 inch = 50 feet

CONCEPTUAL
PLAN, SEGMENT 1

EDISON TRAIL
MASTER PLAN Prepared by:

KTU+A
3916 Normal Street
San Diego, CA 92103
619.294.4477
1:600
0 5025
Airphoto taken Feet
01/30/2022

TURF AREAS
10' TWO-WAY BIKE/PED PATH
2' BUFFER AND 3' DG TRAILS

PLAZA SPACES

CONCRETE

MULCH AREAS

PLAY SURFACE

ASPHALT

PROPOSED WALLS

PROPOSED BIKE/PED CROSSWALKS

FENCING

ELECTRICAL TOWER AND POLE FOOTPRINTS
5' CLEARANCE BUFFER AROUND POLES

XERISCAPE PLANTINGS

EXISTING TREES
PROPOSED TREE, 15' WIDTH SHOWN

ART OPPORTUNITIES

FURNISHINGS