Agenda packet — Montebello City Council, August 9, 2023 (part 2 of 3)

RESOLUTION NO. 04-23 JUNE 20, 2023
CASE NOS. PC-2022-0003-ZC-SPR-TPM /ENV NO. 13-22-CE PAGE 12 OF 13

6. Fire flow report based on 2019 Edition California Fire Code, Appendix B/BB.

7. Provide additional public hydrants to meet fire flow requirements. (If applicable)

8. Fire hydrant plan based on 2019 Edition California Fire Code and City of Montebello local amendments.

9. Underground fire main/fire sprinkler supply plan based on 2019 Edition California Fire Code and NFPA 13/24 and Montebello Fire Department’s plan check submittal requirements and notes.

10. Fire Sprinkler Overhead plan based on 2019 Edition California Fire Code and NFPA 13/13R and Montebello Fire Department’s plan check submittal requirements and notes.

11. Fire Alarm plan based on 2019 Edition California Fire Code and NFPA 72 and Montebello Fire Department’s plan check submittal requirements and notes.

12. Provide Carbon Monoxide detection in residential units.

13. Provide Carbon Monoxide in enclosed parking garage per 2019 Edition California Mechanical Code. (If applicable)

14. Project will meet requirements of 2019 Edition California Fire Code, Chapter 12, Energy Systems.

15. Fire extinguishers per 2019 Edition California Fire Code and CCR Title 19.

16. Additional requirements may be added during the plan check process.

E. Police Department Conditions

1. As a condition of approval, the property owner shall post private property in the parking lot.

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RESOLUTION NO. 04-23 JUNE 20, 2023
CASE NOS. PC-2022-0003-ZC-SPR-TPM /ENV NO. 13-22-CE PAGE 13 OF 13

PASSED AND ADOPTED this 20th day of June, 2023 by the Planning Commission.

Chair Cuevas: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN Commissioner Lomeli: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN Commissioner Medina: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN Commissioner Morales: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN Commissioner Valdez: ( ) AYE ( ) NOE ( ) ABSENT ( ) ABSTAIN

______________________________
Victor Cuevas, Chair

ATTEST:
____________________________________
Joseph A. Palombi, Director
Planning & Community Development Department

Page 133 of 399 ends

CITY OF MONTEBELLO

PLANNING COMMISSION
RESOLUTION NO. 05-23

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MONTEBELLO, CALIFORNIA RECOMMENDING THE CITY COUNCIL
APPROVE ZONE CHANGE (“ZC”) CASE NO. PC -2022-0003-ZC-SPR-

TPM AMENDING THE ZONING DESIGNATION FOR THE PROPERTY
LOCATED AT 608, 612, AND 616 HART PLACE (“PROJECT SITE”) ,

RECOMMENDING THE CITY COUNCIL APPROVE A DEVELOPMENT

AGREEMENT AND DENSITY BONUS HOUSING AGREEMENT

BETWEEN THE CITY OF MONTEBELLO AND SAN GIORGIO, LLC,

AND FINDING THAT THE ZONE CHANGE IS STATUTORILY EXEMPT
UNDER CEQA SECTION 15061(B)(3) (COMMON SENSE EXEMPTION).

WHEREAS, the City of Montebello (“City”) received an application from Feng Xiao Architect, Inc. (“Applicant”) for a Zone Change, Site Plan Review, and Tentative Parcel Map (Case No. PC-2022-0003-ZC-SPR-TPM) to allow: 1) the zone to be changed from C-R (Commercial Restricted) to C -R-HOO (Commercial Restricted with a Housing Opportunity Overlay), 2) the construction of sixteen (16) two -story townhome residential units above a one -story parking garage and 3) the merger of three (3) parcels into one (1) parcel totaling approximately 19,000 square feet at the project site (“Project”) located at 608, 612, and 616 Hart Place (“Project Site”); and
WHEREAS, pursuant to Montebello Municipal Code (“MMC”) Chapter 17.76, the reclassification of specific properties from one zone to another can be initiated by motion of City of Montebello Planning Commission (“Planning Commission”) based upon its decision as to whether the public interest, convenience and necessity so requires the change of zone; and
WHEREAS, pursuant to MMC Chapter 17.76, the Planning Commission must recommend a specific course of action to the City Council after a public hearing has been conducted on any proposed zone change or amendment; and WHEREAS, pursuant to MMC Chapter 17.47, the application of the Housing Opportunity Overlay zone requires a legally binding regulatory agreement be executed and recorded against the property to ensure that the property complies with all of the requirements of this chapter, including, but not limited to, the requirement that affordable units shall be deed-restricted for a period of not less than fifty-five years; and WHEREAS, the California Legislature adopted the “Development Agreement Statute,” section 65864 of the Government Code, to strengthen the public planning

ATTACHMENT E

Page 134 of 399 ends

RESOLUTION NO. 05-23 JUNE 20, 2023
CASE NOS. PC-2022-0003-ZC-SPR-TPM/ENV NO. 13-22-CE/ DA 01-22 PAGE 2 OF 5

process, encourage private participation in comprehensive planning, and reduce the economic risk of development; and

WHEREAS, the City of Montebello is authorized pursuant to the Development Agreement Statute to enter in to development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and the owner of the development process; and

WHEREAS, the Development Agreement Statute requires devel opment agreements to be approved by an ordinance adopted by the City Council of the City of Montebello (“City Council”), and following public hearings conducted by the Planning Commission and the City Council; and

WHEREAS, the Applicant and the City have negotiated a development agreement and density bonus agreement attached as “Development Agreement between the City of Montebello and San Giorgio, LLC ” (DA 01-22) and “Density Bonus Housing Agreement and Declaration of Restrictive Covenants by and between the City of Montebello and San Giorgio, LLC”; and

WHEREAS, pursuant to Section 21067 of the Public Resources Code, and Section 15367 of the State California Environmental Quality Act (“CEQA”) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Montebello is the lead agency for the proposed Project; and

WHEREAS, the Zone Change, Development Agreement, and Density Bonus Agreement (PC-2022-0003-ZC-SPR-TPM) are not considered a "p roject," as per the CEQA definition of a "project" since the activity is statutorily exempt per CEQA Section 15061(b)(3) (Common Sense Exemption); and

WHEREAS, a duly noticed public hearing has been held, at which the Planning Commission received and considered staff presentations, recommendations, public testimony, and all other substantial evidence presented at the public hearing and included in the record for this matter; and

WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, the Planning Commission of the City of Montebello hereby finds, declares and resolves as follows:

SECTION 1 . RECITALS. The foregoing recitals are true and correct and are

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RESOLUTION NO. 05-23 JUNE 20, 2023
CASE NOS. PC-2022-0003-ZC-SPR-TPM/ENV NO. 13-22-CE/ DA 01-22 PAGE 3 OF 5

hereby incorporated as substantive findings in this Resolution.

SECTION 2. FINDINGS.

A. Pursuant to Chapter 17.76 (Zone Changes and Amendments) of the MMC, the application for a zone change shall be made on a form provided by the City.

The City’s application for zone changes requires the applicant to thoroughly respond to the following items , which are hereby incorporated as substantial findings of the Planning Commission:

1. Describe how the proposed Zone Cha nge is consistent with the objectives and policies of the General Plan;
The zone change is consistent with the objectives and policies of the General Plan in that the General Plan seeks to propose and implement practices which are responsive to the needs of the community. The proposed Zone Change will facilitate the development of housing in the project area which should assist in meeting the housing needs of the Montebello community. The General Plan Land Use and Housing Element analysis provided in the project’s staff report further demonstrate s how the proposed zone change i s consistent with the objectives and policies of the General Plan. Additionally, the site is physically suitable for the proposed zone change and the increased density should not pose any significant issues for the surrounding parcels considering that the Project Site is primarily surrounded by multiple family residences in the area.

The proposed zone change is not likely to cause any substantial environmental damage and is not likely to cause any serious public health problems.

Additionally, the proposed zone change will not conflict with any easements.

2. Detail why the proposed Zone Change is necessary;

The Zone Change is necessary because the proposed project is not achievable under the current Commercial Restricted (C-R) zoning designation of the property. Based on Chapter 17.24 of the MMC, the purpose of the C -R zone is to provide areas for professional offices and related uses close to residential areas, but residential units are typically not allowed in this zoning designation. By applying the H ousing Opportunity Overlay Zone to the property, greater flexibility will be provided to the developer of the project site and the residential units proposed will not contradict the intended use of the zone. Additionally, it is anticipated that the develop ment of housing in this vicinity will stimulate economic development and promote the public good by providing housing for a range of income levels .

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RESOLUTION NO. 05-23 JUNE 20, 2023
CASE NOS. PC-2022-0003-ZC-SPR-TPM/ENV NO. 13-22-CE/ DA 01-22 PAGE 4 OF 5

3. Describe how the proposed Zone Change will not create problems harmful to the public health, safety, and g eneral welfare;

The parcels existing at the project site are currently occupied by multiple residential buildings. While the density of the development at the project site would increase if the Zone Change and the related entitlements are approved, it is not anticipated that the project will create problems harmful to the public health, safety, and general welfare. The proposed Zone Change and development can be beneficial to the public health, safety, and general welfare by creating a greater demand for resources in the area, bringing in construction and related jobs, as well as by providing a more abundant supply of housing for various income levels. Additionally, there are a significant number of higher density properties in the vicinity which should limit the impact of the proposed development on the local community. The proposed Zone Change and development has been reviewed by various city departments including the fire department, building division, police department, as well as other departments and the feedback provided by the city’s departments will help to ensure that the project will not create problems harmful to the public health, safety, and general welfare.

SECTION 3. CEQA. The Planning Commission hereby determines and finds that the project is statutorily exempt from CEQA under section 15061(b)(3) (Common Sense Exemption) considering that this section stipulates that CEQA only applies to projects which have the potential for causing a significant effect on the environment. No physical changes will occur directly as a result of the proposed Zone Change and regulatory agreements. The approval of this resolution is advisory to the City Council and no final action is taken, further justifying this action being exempt from CEQA under section 15061(b)(3). It should be further noted that during the duly noticed public hearing, the Planning Commission also found the related Site Plan Review for the contemplated Project to be Categorically Exempt per Section §15332 (In-Fill Development Projects).

SECTION 4. APPROVALS. The Planning Commission of the City of Montebello hereby finds and determines that the public interest, convenience, and necessity call for the approval of the zone change and recommends City Council approval of Zone Change (PC-2022-0003-ZC-SPR-TPM) to allow the zone to be changed from C-R (Commercial Restricted) to C-R-HOO (Commercial Restricted with a Housing Opportunity Overlay).

SECTION 5. The Director of Planning and Community Development shall certify the adoption of this resolution and shall forward a copy of it to the City Council.

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RESOLUTION NO. 05-23 JUNE 20, 2023
CASE NOS. PC-2022-0003-ZC-SPR-TPM/ENV NO. 13-22-CE/ DA 01-22 PAGE 5 OF 5

PASSED AND ADOPTED this 20th day of June, 202 3 by the Planning Commission.

______________________________
Victor Cuevas, Chair

ATTEST:

____________________________________
Joseph A. Palombi, Director
Planning & Community Development Department

Page 138 of 399 ends

Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
8/4/2022 1:52:41 PM
G001

COVER SHEET
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22

AREA SCHEDULE - UNITS

LEVEL UNIT TYPE AREA
UNIT 01
LEVEL 2 A2 515 SF
LEVEL 3 A2 545 SF
UNIT 01: 2 1,060 SF
UNIT 02
LEVEL 2 A3 505 SF
LEVEL 3 A3 565 SF
UNIT 02: 2 1,070 SF
UNIT 03
LEVEL 2 A1 515 SF
LEVEL 3 A1 545 SF
UNIT 03: 2 1,060 SF
UNIT 04
LEVEL 2 A1 515 SF
LEVEL 3 A1 545 SF
UNIT 04: 2 1,060 SF
UNIT 05
LEVEL 2 A3 505 SF
LEVEL 3 A3 565 SF
UNIT 05: 2 1,070 SF
UNIT 06
LEVEL 2 A1 515 SF
LEVEL 3 A1 545 SF
UNIT 06: 2 1,060 SF

HART PLACE

PROJECT TEAM
OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640
FENG XIAO ARCHITECT, INC.

PROJECT DATA
PROJECT DESCRIPTION:

NEW SIXTEEN UNITS RESIDENTIAL DEVELOPMENT
INCLUDING 16 TWO-STORY TOWNHOUSE UNITS ABOVE
ONE STORY PARKING GARAGE.

ADDRESS: 606, 612 & 616 HART PLACE
MONTEBELLO, CA 90640
ASSESSOR NO.: 6346-026-009, & 6346-026-008 &
6346-026-007
LOT AREA: 19,140 SF (0.44 ACRE)
ZONE: CURRENT ZONE C-R, PROPOSED: HOO(HOUSING

OPPOTUNITY OVERLAY)
DENSITY:

REQUIRED: 16 UNITS/AC (MIN.), 80UNITS/ AC(MAX)
PROPOASED: 36 UNITS/AC
AREA:

PROPOSED: GROSS BUILDING AREA:30,802 SF
PROPOSED LIVABLE AREA: 17,547 SF
PROPOSED NONLIVABLE AREA: 12,037 SF
LEVEL 1 : 12,854 SF
• GARAGE: 11,509 SF(NON-LIVABLE)
• UTILITY: 311 SF(NON-LIVABLE)
• TRASH: 217 SF(NON-LIVABLE)
• COMMON: 817 SF(NON-LIVABLE)

SHEET LIST
SHEET

NUMBER SHEET NAME
G001 COVER SHEET
G002 FIRE ACCESS PLAN
C-1 CONCEPTURAL GRADING
C-2 CONCEPTURAL GRADING
L101 LANDSCAPE GROUND FLOOR
L102 LANDSCAPE PLANT LIST +
PHOTOS LEVEL 1
L103 WALL/FENCE PLAN
L104 WALL/FENCE DETAILS

ELEVATIONS AND SECTIONS
L201 LANDSCAPE PLAN - LEVEL 2
L202 LANDSCAPE PLANT LIST +
PHOTOS LEVEL 2
L203 FENCES / RAILINGS LEVEL 2
A001 SITE PLAN
A101 FLOOR PLAN - LEVEL 1
A102 FLOOR PLAN - LEVEL 2
A103 FLOOR PLAN - LEVEL 3
A104 ROOF PLAN
A111 UNIT PLANS
A201 BUILDING ELEVATIONS
A202 BUILDING ELEVATIONS
A301 BUILDING SECTIONS
A901 3D VIEWS
A902 3D VIEWS
22 VICINITY MAP

AREA SCHEDULE - UNITS

LEVEL UNIT TYPE AREA
UNIT 07
Level 2 A4 505 SF
Level 3 A4 565 SF
UNIT 07: 2 1,070 SF
UNIT 08
LEVEL 2 B2 556 SF
LEVEL 3 B2 599 SF
UNIT 08: 2 1,155 SF
UNIT 09
LEVEL 2 B1 540 SF
LEVEL 3 B1 578 SF
UNIT 09: 2 1,118 SF
UNIT 10
LEVEL 2 B1 540 SF
LEVEL 3 B1 578 SF
UNIT 10: 2 1,118 SF
UNIT 11
LEVEL 2 B1 540 SF
LEVEL 3 B1 578 SF
UNIT 11: 2 1,118 SF
UNIT 12
LEVEL 2 B1 540 SF
LEVEL 3 B1 578 SF
UNIT 12: 2 1,118 SF
LEVEL 2: 8,852 SF
• COMMON: 401 SF(LIVABLE)
• UNITS: 8,451 SF(LIVABLE)
LEVEL 3: 9,095 SF
• UNITS: 9,095 SF(LIVABLE)
PROPOSED LOT COVERAGE: 67.2%

SETBACK
FRONT YARD: 20' MIN.; PROPOSED: 20'-2"
SIDE YARD:

REQUIRED: 10' SETBACK; PROPOSED: 10'-2"
REAR YARD: 10' SETBACK.; PROPOSED: 10'-2"

DISTANCE BETWEEN BUILDINGS
REQUIRED: 10'-0" RESIDENTIAL USE.

PROPOSED: 10'-3"

BUILDING HEIGHT
ALLOWED: 3 STORIES, 35'
PROPOSED: 3 STORIES, 35'-0"

PARKING
TOTAL PARKING: 31(INCLUDING 2 H.C. VAN PARKING)
PROPOSED OPEN SPACE: 4,770 SF(TOTAL)
COMMON OPEN: 1,216 SF(LEVEL 1); 2,644 SF (LEVEL 2)
PRIVATE OPEN: 910 SF(LEVEL 2)

AREA SCHEDULE - UNITS

AREA SCHEDULE - NON-LIVABLE

LEVEL UNIT TYPE AREA
LEVEL 1
LEVEL 1 COMMON 335 SF
LEVEL 1 ELEVATOR 82 SF
LEVEL 1 GARAGE 11,498 SF
LEVEL 1 STAIR-1 191 SF
LEVEL 1 STAIR-2 209 SF
LEVEL 1 TRASH ROOM 217 SF
LEVEL 1 UTILITY 305 SF
LEVEL 1: 7 12,837 SF
LEVEL 2
LEVEL 2 ELEVATOR 75 SF
LEVEL 2 STAIR-1 197 SF
LEVEL 2 STAIR-2 129 SF
LEVEL 2: 3 401 SF
Grand total: 10 13,238 SF
NO. DESCRIPTION DATE

ATTACHMENT F

Page 139 of 399 ends

HART PLACE CL
W/M
W/M
W/M
W/M
G/M
G/M
G/M

UTILITY

TRASH RM

HART PLACE

DRIVEWAY
GARAGE

ENTRY GARAGE
203'-5" FIRE ACCESS
(MORE THAN 150')

SETBACK
10'-2"

SETBACK
10'-2"
10'-2"
10'-2"
203'-5" FIRE ACCESS
(MORE THAN 150')
75 58'-5" 58'-5"
145'-0"
145'-0"
5' WIDE FIREFIGHTER ACCESS WALKWAY
LEGEND

FH FIRE HYDRANT
Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/16" = 1'-0"
8/11/2022 8:20:56 PM
G002

FIRE ACCESS
PLAN
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
NO. DESCRIPTION DATE
1/16" = 1'-0"1 FIRE ACCESS PLAN

1. FIRE DEPARTMENT VEHICULAR ACCESS ROAD MUST BE INSTALLED AND

MAINTAINED IN A SERVICEABLE MANNER PRIOR TO AND DURING THE TIME OF CONSTRUCTION. FIRE CODE 501.4

2. PROVIDE APPROVED SIGNS OR OTHER APPROVED NOTICES OR MARKINGS THAT INCLUDE THE WORDS NO PARKING -FIRE LANE.SIGNS SHALL BE PROVIDED FOR

FIRE APPARATUS ACCESS ROAD, TO CLEARLY INDICATE THE ENTRANCE TO SUCH

ROAD, OR PROHIBIT THE OBSTRUCTION THEREOF AND AT INTERVALS, AS REQUIRED BY THE FIRE INSPECTOR. FIRE CODE 503.3.

3. STRUCTURE AND OUTDOOR STORAGE UNDERNEATH HIGH
VOLTAGETRANSMISSION LINES (66KILOVOLTS OR GREATER) SHALL COMPLY WITH FIRE CODE 316.6 AND COUNTY OF LOS ANGELES FIRE DEPARTMENT REGULATION

27. ANY PROPOSED CONSTRUCTION OR LAND USE WITHIN 100 FEET OF THE DRIP

LINE OF HIGH VOLTAGE TRANSMISSION LINES SHALL BE SUBJECT TO REVIEW BY THE FIRE MARSHAL.

4. THE AREA OF FIRE FIGHTER OPERATIONS, AS DETERMINDED BY THE FIRE CODE

OFFICIAL, SHALL NOT BE LOCATED UNDERNEATH HIGH VOLTAGE TRANSMISSION LINES. FIRE CODE 503.2.9

5. APPROVED BUILDING ADDRESS NUMBERS, BUILDING NUMBERS OR APPROVED

BUILDING IDENTIFICATION SHALL BE PROVIDED AND MAINTAINED SO AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET FRONTING THE PROPERTY.THE

NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND, BE ARABIC NUMERALS OR ALPHABET LETTERS, AND BE A MINIMUM OF 4 INCHES HIGH WITH A MINIMUM STROKE WIDTH OF 0.5 INCH. FIRE CODE 505.1

6. FIRE APPARATUS ACCESS ROADS SHALL BE IDENTIFIED WITH APPROVED SI GNS.

TEMPORARY SIGNS SHALL BE INSTALLED AT EACH STREET INTERSECTION W HEN CONSTRUCTION OF NEW ROADWAYS ALLOWS PASSAGE BY VEHICLES. SIGNS

SHALL BE OF AN APPROVED SIZE, WEATHER RESISTANT AND BE MAINTAINE D UNTIL REPLACED NBY PERMANENT SIGNS. FIRE CODE 505.2

7. THE REQUIRED FIRE FLOW FOR FIRE HYDRANTS AT THIS LOCATION IS 1200 GPM, AT 20 PSI RESIDUAL PRESSURE, FOR A DURATION OF 2 HOURS OVER AND ABOVE MAXIMUM DAILY DOMESTIC DEMAND. FIRE CODE 507.3 AND APPENDIX B105.1 APPENDIX B.

8. ALL FIRE HYDRANTS SHALL MEASURE 6" X 4" X 2-1/2", BRASS OR BRONZE, CONFORMING TO AMERICAN WATER WORKS ASSOCIATION STANDARD C503, OR

APPROVED EQUAL, AND SHALL BE INSTALLED IN ACCORDANCE WITH THE COUNTY OF LOS ANGELES FIRE DEPARTMENT REGULATION 8.

9. ALL REQUIRED PUBLIC FIRE HYDRANTS SHALL BE INSTALLED, TESTED AND SCCEPTED PRIOR TO BEGINNING CONSTRUCTION. FIRE CODE 501.4

10. PROVIDE AN APPROVED AUTOMATIC FIRE SPINKLER STSTEM AS SET FORTH BY BUILDING CODE 903 AND FIRE CODE 903. PLANS SHALL BE SUBMITTED TO THE

SPRINKLER PLAN CHECK UNIT FOR REVIEW AND APPROVAL PRIOR TO INSTALLATION.

11. DUMPSTERS AND CONTAINERS WITH AN INDIVIDUAL CAPACITY OF 1.5 CUBIC YARDS OR MORE SHALL NOT BE STORED IN BUILING OR PLACED WITHIN 5 FEET

OF COMBUSTIBLE WALLS, OPENINGS OR COMBUSTIBLE ROOF EAVES, UNLESS

AREAS CONTAINING DUMPSTERS OR CONTAINERS ARE PROTECTED BY AN APPROVED AUTOMATIC FIRE SPRINKLER SYSTEM. FIRE CODE 304.3.3

12. WHEN THE HEIGHT OF A STRUCTURE AT THE ROOF EAVES EXCEEDS 27 FEET OR

THE CAPABILITY OF THE FIRE DEPARTMENT TO ACCESS THE ROOF SAFELY

UTILIZING GROUND LADDERS, THE LOCATION AND WIDTH OF ACCESS ROADWAYS SHALL BE SUCH THAT THE TRUCK MOUNTED AREAL LADDERS MAY BE UTILIZED.

AERIAL LADDER ACCESS SHALL INCLUDE THE ABILITY TO MANEUVER APPARATUS, DEPLOY OUTRIGGERS AND PROVIDE PROPER CLIMBING ANGLES.

13. ELEVATOR SHALL MEET REQUIREMENTS OF 2019 EDITION CALIFORNIA FIRE CODE, CHAPTER 6, BUILDING SERVICES AND SYSTEMS AND CALIFORNIA CODE OF REGULATIONS, TITLE 8, DIVISION 1, CHAPTER 4, SUBCHAPTER 6, ELEVATOR SAFETY ORDERS. ELEVATOR WILL BE REQUIRED TO BE GURNEY COMPLIANT.

14. UNDERGROUND FIRE MAIN/FIRE SPRINKLER SUPPLY PLAN BASED ON 2019 EDITION CALIFORNIA FIRE CODE AND NFPA 13/24 AND MONTEBELLO FIRE DEPARTMENT’S PLAN CHECK SUBMITTAL REQUIREMENTS AND NOTES.

15. FIRE SPRINKLER OVERHEAD PLAN BASED ON 2019 EDITION CALIFORNIA FIRE CODE AND NFPA 13/13R AND MONTEBELLO FIRE DEPARTMENT’S PLAN CHECK SUBMITTAL REQUIREMENTS AND NOTES.

16. FIRE ALARM PLAN BASED ON 2019 EDITION CALIFORNIA FIRE CODE AND NFPA 72 AND MONTEBELLO FIRE DEPARTMENT’S PLAN CHECK SUBMITTAL REQUIREMENTS AND NOTES.

17. FIRE ACCESS PLAN BASED ON 2019 EDITION CALIFORNIA FIRE CODE AND LOCAL AMENDMENTS.

18. FIRE HYDRANT PLAN BASED ON 2019 EDITION CALIFORNIA FIRE CODE AND CITY OF MONTEBELLO LOCAL AMENDMENTS.

19. PROJECT WILL MEET REQUIREMENTS OF 2019 EDITION CALIFORNIA FIRE CODE, CHAPTER 12, ENERGY SYSTEMS.

20. FIRE EXTINGUISHERS PER 2019 EDITION CALIFORNIA FIRE CODE AND CCR TITLE

19. 21. WHERE ACCESS TO OR WITHIN A STRUCTURE OR AN AREA IS RESTRICTED

BECAUSE OF SECURED OPENINGS OR WHERE IMMEDIATE ACCESS IS NECESSA RY

FOR LIFE-SAVING OR FIRE-FIGHTING PURPOSES, THE FIRE CODE OFFICIAL IS

AUTHORIZED TO REQUIRE A KEY BOX TO BE INSTALLED IN AN APPROVED LOCATION. THE KEY BOX SHALL BE OF AN APPROVED TYPE LISTED IN ACCORDANCE WITH UL 1037, AND SHALL CONTAIN KEYS TO GAIN NECESSARY ACCESS AS REQUIRED BY THE FIRE CODE OFFICIAL. FIRE CODE 506.1 FIRE DEPARTMENT NOTES:

Page 140 of 399 ends

Page 141 of 399 ends

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132.00'132.00'44.00'

44.00'

44.00' 44.00'

44.00'

44.00'
UP
1 1
2 23.45.5
6 6
F F
A A
B
C
D D
E E
A.3
3457
7 A.5

4.3 UTILITY
TRASH ROOM B.1
C.3
D.3

PROPERTY LINE

PROPERTY LINEHART PLACE
Scale:Project number:Date:

OWNER:SAN GIORGIO, LLCPO BOX 518MONTEBELLO, CA 90640ARCHITECT:FENG XIAO ARCHITECT, INC.2540 HUNTINGTON DR., # 207SAN MARINO, CA 91108PHONE: 626.380.7098EMAIL: [email protected] ENGINEER:CAL LAND ENGINEERING, INC.DBA QUARTECH CONSULTANTS576 E. LAMBERT ROADBREA, CA 92821PHONE: 714.671.1050 X 11E-MAIL: [email protected] Drawing No.
© 2021 Feng Xiao Architect, Inc.
1/8" = 1'-0"
10/5/2021 6:22:03 PM20023

LANDSCAPE

ABCDEFG

DESCRIPTIONSYMBOLCONCRETE PAVING WITH SAWCUT JOINTS
HIJ

DECORATIVE METAL GATE AND FENCEACCENT TILE PAVING

OUTDOOR SEATING AREA BEHIND FENCEFLOWERING ACCENT PLANTS, SEMI TROPICALIN CHARACTER

DECOMPOSED GRANITE PAVING ROLLED ANDCOMPACTEDKDROUGHT TOLERANT LANDSCAPE AT FRONTENTRY 2X6 FT WEATHERING STEEL PLANTERS 24" HIGHWITH LOW LEVEL LIGHT PLANTS OR DECORATIVEROCKS SHORT TERM BICYCLE PARKING42" HIGH METAL WIRE FENCE FOR SMALL DOGRUN.RAISED WOODEN PLANTERS FOR VEGETABLEGARDENLEXITING GATE AND FENCE +/-6 FT HIGH A

BB BCD D

E EFF F FG
H
H
H
I
I

II J J J
K
K
L
L101GROUNDFLOOR

MATERIAL LEGEND
LANDSCAPE STATISTICS15TREES ON GRADE SEE PLANTING LEGEND3270 SFTOTAL AMOUNT OF LANDSCAPE GROUND FLOOR17%TOTAL AMOUNT OF LANDSCAPE FOR SITE24%TOTAL AMOUNT OF PERMEABLE AREA North24'0 16'8'Graphic Scale In Feet

Page 143 of 399 ends

Scale:Project number:Date:

HART PLACE
09/14/21
608, 612 & 616 HART PLACEMONTEBELLO, CA 90640
PLANNINGRESUBMITTALAUGUST 2, 2022
NO.DESCRIPTIONDATE
LANDSCAPE ARCHITECT:FONG HART SCHNEIDER + PARTNERS31742 COAST HIGH WAYLAGUNA BEACH, CA 92651PHONE: 949.645.9444EMAIL: [email protected] L102
LANDSCAPE STATISTICS15TREES ON GRADE SEE PLANTING LEGEND3270 SFTOTAL AMOUNT OF LANDSCAPE GROUND FLOOR17%TOTAL AMOUNT OF LANDSCAPE FOR SITE24%TOTAL AMOUNT OF PERMEABLE AREA

BOTANICAL NAMECOMMON NAME
BOTANICAL NAMECOMMON NAMEPLANT CHARACTERTREES:

SHRUBS AND GROUND COVERS:ALYOGYNE HUEGELIIANIGOZANTHOS 'BIG RED'CALANDRINIA SPECTABILISDYMONDIA MARGARETAEDIANELLA TASMANICA VARIEGATALANTANA ''CHAPEL HILL''LAVANDULA STOECHAS 'BALLERINA'ROSMARINUS TUSCAN BLUERHAMNUS CALIFORNICA 'EVE CASE'STRELITZIA REGINAEFATSIA JAPONICAPARTHENOCISSUS TRICUSPIDATABOUGAINVILLEA SAN DIEGO RED

BLUE HIBISCUSKANGAROO PAWROCK PURSLANESILVER CARPET VARIEGATEDFLAX LILYCHAPEL HILL YELLOW LANTANASPANISH BALLERINA LAVENDERUPRIGHT ROSEMARYCOFFEE BERRYBIRD OF PARADISEJAPANESE ARAILIAVIRGINIA CREEPERSAN DIEGO RED BOUGAINVILLEA

BRACHYCHITON ACERIFOLIUSCASSIA LEPTOPHYLLACHIONANTHUS RETUSUSGOLDEN MEDALLION TREEGOLDEN MEDALLION TREECHINESE FRINGE TREE

CASSIA LEPTOPHYLLA

BRACHYCHITON ACERIFOLIUSCHIONANTHUS RETUSUS
LANDSCAPE PLANTLIST + PHOTOSLEVEL 1

ANIGOZANTHOS 'BIG RED'

LANTANA ''CHAPEL HILL''

FATSIA JAPONICA

PARTHENOCISSUS TRICUSPIDATABOUGAINVILLEA SAN DIEGO RED

LAVANDULA STOECHAS 'BALLERINA'ROSMARINUS TUSCAN BLUERHAMNUS CALIFORNICA 'EVE CASE'STRELITZIA REGINAE

DIANELLA TASMANICA VARIEGATADYMONDIA MARGARETAECALANDRINIA SPECTABILISALYOGYNE HUEGELII

Page 144 of 399 ends

132.00'132.00'44.00'

44.00'

44.00' 44.00'

44.00'

44.00'
UP
1 1
2 23.45.5
6 6
F F
A A
B
C
D D
E E
A.3
3457
7 A.5

4.3 UTILITY
TRASH ROOM B.1
C.3
D.3

PROPERTY LINE

PROPERTY LINEHART PLACE
Scale:Project number:Date:

WALL / FENCE
ABC
DESCRIPTIONSYMBOL6 FT HIGH CMU WALL WITH STUCCO FINISHDECORATIVE WOOD GATE AND FENCEACCENT ENTRY WALL ROUGH FORM BOARD FINISHII J J JL L103PLAN

MATERIAL LEGEND
North24'0 16'8'Graphic Scale In Feet
A
A'
C
DB B'
C' B'

Page 145 of 399 ends

LEVEL 1211' - 0" LEVEL 1211' - 0"
LEVEL 2222' - 0" LEVEL 2222' - 0"
9' - 0"10' - 8"11' - 0"
LEVEL 3232' - 8" LEVEL 3232' - 8"
LEVEL 3 TOP241' - 8" LEVEL 3 TOP241' - 8"
F A
BUILDING HEIGHT35' - 0"
12GALVANIZED SHEET METAL CAP WITH 2"DOWNTURN. PAINT METAL TO MATCHWALL STUCCO COLOR.

PLASTER/STUCCO FINISH TO MATCHBUILDING
38"X 8"X 16" CONCRETE MASONRYUNIT BLOCK WALL WITH #4 REBARVERICAL AT 16" ON CENTER, ANDHORIZONTAL TOP AND BOTTOM AND16" ON CENTER FOR WALLS UP TO30" HIGH4PROVIDE SCREED AT PAVING ORFINISH LANDSCAPE SURFACECOMPACTED SUBGRADE56SEE REINFORCING AND FOOTING SIZES BYENGINEERS SD-1, SD-2 1 2
34 5
6 FINISH GRADE
6 FT MAX3 1
2"PL PROPERTY LINE

SLOPEAWAYSLOPEAWAY
LEGEND3.2.4 X 4 CEDAR POST1.4.5.9.10.8.12.FINISH GRADE14.13.11.2 X 4 CEDAR SIDE RAILS FOR GATE4" HEAVY DUTY BRASS HINGES - (2) PER GATE 2 X 4 CEDAR NAILER AT WALL1 X 4 CEDAR 2 X 4 CEDAR CAP, MID BEAM AND BOTTOM RAIL

15.16.BUILDING WALL
A.NOTESB.C.D.ALL HARDWARE TO BE HOT DIP GALVANIZED.ALL WOOD TO BE ROUGH SAWN CEDAR.

CONCRETE POST FOOTING - PROVIDEPOSITIVE DRAINAGE AT TOP OF FOOTINGLOCKABLE DOOR HANDLE HARDWARE, SELF-LATCHING TO BE SELECTED BY OWNEREMBED POST TO 2' DEPTH INCONCRETE FOOTING -95% COMPACTED SUBGRADE -VERIFY WITH SOIL ENGINEER'SREPORT PROVIDE 1" AIRSPACE WHEREWOOD FENCE MEETS BUILDING.ALL FENCING TO BE ONE (1) PRIMED AND PAINTEDW/ TWO (2) COATS EXTERIOR SOLID STAIN BLACK 2 X 4 CEDAR TOP AND BOTTOM RAILS FOR GATE7.1 X 8 CEDAR 6.1 X 6 CEDAR 1 X 3 CEDAR 312 23
1315
2 1111
6'-8'MAX
1616
12 4546454711 5454651112
1'-0"2'-4"16
Scale:Project number:Date:

HART PLACE
09/14/21
608, 612 & 616 HART PLACEMONTEBELLO, CA 90640
PLANNINGSUBMITTALDECEMBER 2, 2021
NO.DESCRIPTIONDATE
LANDSCAPE ARCHITECT:FONG HART SCHNEIDER + PARTNERS31742 COAST HIGH WAYLAGUNA BEACH, CA 92651PHONE: 949.645.9444EMAIL: [email protected] ABC
DESCRIPTIONSYMBOL6 FT HIGH CMU WALL WITH STUCCO FINISHDECORATIVE WOOD GATE AND FENCEACCENT ENTRY WALL ROUGH FORM BOARD FINISH L104

MATERIAL LEGEND

ELEVATION A-A'

ELEVATION B-B'

ELEVATION C-C'

ELEVATION D-D'
AA
A
A
A

BBBBC DDECORATIVE WOOD FENCED
D
211.48 FS216.90 TW 216.90 TW
216.90 TW 216.22 TW
216.90 TW 216.90 TW
211.33 FS 210.57 FS
211.33 FS
211.48 FS211.14 FS

WALL SECTION

WOOD FENCE DETAILSGATEFENCE
3'
128'-0"
4'-10" WALL / FENCESECTIONS, DETAILS AND ELEVATIONS
2'-6"2'-6"4'-0"2'-6"WALL TO SCREEN EQUIPMENT

Page 146 of 399 ends

DN
DN
UNIT 01(A1)UNIT 02(A1)
UNIT 03(A1)UNIT 04(A1)
UNIT 05(A1)UNIT 06(A1)
UNIT 07(A1)
UNIT 10(B3)UNIT 09(B1)UNIT 08(B2)
UNIT 13(B3)UNIT 12(B1)UNIT 11(B1)
UNIT 16(B3)UNIT 15(B1)UNIT 14(B1)

PROPERTY LINE

PROPERTY LINE
Scale:Project number:Date:

ABCDEFG

DESCRIPTIONSYMBOLCONCRETE PAVING WITH SAWCUT JOINTS
HIJ

DECORATIVE METAL ART GRILLE MOUNTED TO WALL SEEPHOTO BELOW IPE WOOD DINING TABLE AND CHAIRS FOR 5-6 PEOPLE,POLES AND STRING LIGHTS OVER SEATING AND DININGAREABBQ WITH OUTDOOR KITCHEN COUNTER 3x6FT FIBERGLASS PLANTERS 36" HIGH WITHCERCIS CANADENSIS 'FOREST PANSY TREES 24" BOX MINIMUMLANDSCAPING AT LOWER ENTRYALTERNATE TREE; MAGONOLIA SOULANGIANALOW (+/-18") ACCENT LANDSCAPE CONTAINERSHIGH (+/-36") ACCENT LANDSCAPE CONTAINERSKOUTDOOR PRIVATE OPEN SPACE ENCLOSEDBY 42" HIGH METAL RAILING AND 3FT GATE KK
KK
A A
A
A
B C
C
F
F
F
F
F
2X6 FT WEATHERING STEEL PLANTERS 24" HIGH SETINTO DECORATIVE GRAVEL BAND WITH DROUGHTTOLERANT LANDSCAPE AREAS G
G
G
G
H
H
H
I
I I
II
J
J
J
JJ
STAINLESS STEEL BBQ AND COUNTER, NEW AGE PRODUCTSOUTDOOR KITCHEN STAINLESS STEEL 3 PIECE CABINETSET,WITH WOOD LOUVER FRONTS SET INCLUDES,1 X SINK CABINET 32X23X35.5,1 X 2-DOOR WITH DRAWER CABINET, 32X23X35.51 X 40 IN. INSERT GRILL CABINET,1 X STAINLESS STEEL COUNTER TOP,1 X NEWAGE PRODUCTS 40 IN. INSERT GRILL, WITHPROPANE WITH TANK HOLDEROR EQUAL

WEATHERING STEEL PLANTERS WITHDECORATIVE GRAVEL BAND
LEVEL 2LANDSCAPE PLAN -L201
E
DD
D

PRECEDENT IMAGE DECORATIVE METAL ART GRILLE MOUNTED ON WALL LANDSCAPE STATISTICS8TREES ON PODIUM SEE PLANTING LEGEND378 SFTOTAL AMOUNT OF PODIUM LANDSCAPE 61 SFTOTAL AMOUNT OF CONTAINER LANDSCAPE North24'0 16'8'Graphic Scale In Feet

Page 147 of 399 ends

Scale:Project number:Date:

HART PLACE
09/14/21
608, 612 & 616 HART PLACEMONTEBELLO, CA 90640
PLANNINGSUBMITTALDECEMBER 2, 2021
NO.DESCRIPTIONDATE
LANDSCAPE ARCHITECT:FONG HART SCHNEIDER + PARTNERS31742 COAST HIGH WAYLAGUNA BEACH, CA 92651PHONE: 949.645.9444EMAIL: [email protected] LANDSCAPE PLANTLIST + PHOTOSLEVEL 2L202
LANDSCAPE STATISTICS8TREES ON PODIUM SEE PLANTING LEGEND378 SFTOTAL AMOUNT OF PODIUM LANDSCAPE 61 SFTOTAL AMOUNT OF CONTAINER LANDSCAPE

DICHONDRA 'SILVER FALLS'

CERCIS CANADENSIS 'FOREST PANSY'

ANIGOZANTHOS 'BIG RED'LANTANA ''CHAPEL HILL''ROSMARINUS HUNTINGTON CARPET

SILVER FALLS

FOREST PANSY REDBUD

KANGAROO PAWCHAPEL HILL YELLOW LANTANAROSEMARY

BOTANICAL NAMECOMMON NAME

DIANELLA TASMANICA VARIEGATAVARIEGATED FLAX LILYASPARAGUS DENSIFLORUS 'MYERS' FOXTAIL FERN

FURCREA MACDOUGALLIINCN

STRELITZIA REGINAE VAR JUNCEANARROW-LEAFED BIRD OF PARADISE PLANT CHARACTERTREES:ARBUTUS MARINAMARINA STRAWBERRY TREEALTERNATESCASSIA LEPTOPHYLLAGOLDEN MEDALLION TREECERCIDIUM X 'DESERT MUSEUM'PALO VERDE DESERT MUSEUMSHRUBS AND GROUND COVERS:

CONTAINER LANDSCAPESENECIO ROWLEYANUSSTRING OF PEARLSBOTANICAL NAMECOMMON NAMEAEONIUM ‘JOLLY GREEN’JOLLY GREENECHEVERIA ‘AFTERGLOW’AFTERGLOWAGAVE ATTENUATAAGAVE

CASSIA LEPTOPHYLLACERCIS CANADENSIS 'FOREST PANSY'

ARBUTUS MARINACERCIDIUM X 'DESERT MUSEUM'

DICHONDRA 'SILVER FALLS'ANIGOZANTHOS 'BIG RED'ASPARAGUS DENSIFLORUS 'MYERS'DIANELLA TASMANICA VARIEGATA

LANTANA ''CHAPEL HILL''ROSMARINUS HUNTINGTON CARPETSTRELITZIA REGINAE VAR JUNCEA FURCREA MACDOUGALLIISENECIO ROWLEYANUSAEONIUM ‘JOLLY GREEN’ECHEVERIA ‘AFTERGLOW’AGAVE ATTENUATA

Page 148 of 399 ends

DN
DN
UNIT 01(A1)UNIT 02(A1)
UNIT 03(A1)UNIT 04(A1)
UNIT 05(A1)UNIT 06(A1)
UNIT 07(A1)
UNIT 10(B3)UNIT 09(B1)UNIT 08(B2)
UNIT 13(B3)UNIT 12(B1)UNIT 11(B1)
UNIT 16(B3)UNIT 15(B1)UNIT 14(B1)

PROPERTY LINE

PROPERTY LINE
Scale:Project number:Date:

HART PLACE
09/14/21
608, 612 & 616 HART PLACEMONTEBELLO, CA 90640
PLANNINGRESUBMITTALAUGUST 2, 2022
NO.DESCRIPTIONDATE
LANDSCAPE ARCHITECT:FONG HART SCHNEIDER + PARTNERS31742 COAST HIGH WAYLAGUNA BEACH, CA 92651PHONE: 949.645.9444EMAIL: [email protected] LEVEL 2LEVEL 2FENCES/RAILINGSL203North24'0 16'8'Graphic Scale In Feet 5'-9"5'-9"5'-9"112'-0"4'-0"
KOUTDOOR PRIVATE OPEN SPACE ENCLOSEDBY 42" HIGH METAL RAILING AND 3FT GATETO MATCH BALCONY RAILINGS KK
K
K
K
K K
A A'
A A'
PRIVATE PATIO RAILINGSCALE 3/8"=1'-0"

Page 149 of 399 ends

UP
UP
A201
2 A2021
A202
2 A201 1

UTILITY

TRASH RM
20'-2" 114'-8" 10'-2"10'-2" 111'-8" 10'-2"
GARAGE

ENTRANCE

PROPERTY LINE

HART PLACE
FENCE
FENCE

SETBACK
10'-2"

SETBACK
20'-2"
10'-2"
HC
1 HC
2 HC
1 STD
3 STD
4 STD
5 STD
8 STD
7 STD
6 STD
9 STD
10 STD
11 STD
12 STD
13 STD
14 STD
15 STD
16 STD
17 STD
18 STD
19 STD
20 STD
21 STD
22 STD
23 STD
24 STD
25 STD
26 STD
27 STD
28 STD
29 STD
30 STD
31 12'-11"
17'-9"
18'-0"
8'-6"
9'-0" 8'-0"
18'-0"
20'-2"
75 Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/16" = 1'-0"
8/4/2022 1:50:48 PM
A001

SITE PLAN
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1/16" = 1'-0"1 SITE PLAN

PARKING SCHEDULE

PARKING TYPE COUNT
H.C. PARKING 1
STANDARD PARKING 29
VAN ACCESSIBLE PARKING 1
Grand total: 31
NO. DESCRIPTION DATE

Page 150 of 399 ends

UP
UP
2 A301
1 A301
A201
2 A2021
A202
2 A201 1
1 1
2 23.45.5
6 6
F F
A A
B
C
D
E E
A.3
3457
7 A.5

4.3 UTILITY

TRASH RM
12'-0" X 16'-10"
20'-2" 114'-8" 10'-2"
10'-2" 111'-8" 10'-2"
18'-8" 9'-0" 24'-8" 18'-8" 25'-10" 16'-0"
15'-2" 27'-6" 16'-6" 16'-6" 26'-4" 7'-8"
B.1
C.3
15'-2" 19'-8" 18'-8" 18'-8" 18'-8" 18'-10"
D.3
GARAGE

ENTRANCE
1'-0"

PROPERTY LINE

HART PLACE
FENCE

FENCE/GATE
109'-8"
112'-10"
18'-8" 18'-10" 21'-2" 18'-10" 19'-4" 16'-0"
211.51
211.33
210.75
210.85
211.96 212.00
211.96
211.66211.58
211.96
FF=212.00 212.00212.00
212.00212.00
212.00212.00
FF=212.00
212.00
212.00
211.92211.84
FF=212.00
FF=212.00
211.20
18'-0" 18'-0"

PROPERTY LINE

BIKE RACK

NEIGHBOUR'S GARAGE
HC
1 HC
2 STD
3 STD
4 STD
5 STD
8 STD
7 STD
6 STD
9 STD
10 STD
11 STD
12 STD
13 STD
14 STD
15 STD
16 STD
17 STD
18 STD
19 STD
20 STD
21 STD
22 STD
23 STD
24 STD
25 STD
26 STD
27 STD
28 STD
29 STD
30 STD
31 9'-0" 8'-0" 9'-0"
18'-0"
8'-6"
18'-0"
12'-0"
16'-10" GARAGE
STAIR-1
STAIR-2
3-YARD DUMPSTER
6' MIN. ENCLOSURE WALLS
Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/8" = 1'-0"
8/4/2022 1:50:51 PM
A101

FLOOR PLAN -
LEVEL 1
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1/8" = 1'-0"1 FLOOR PLAN - LEVEL 1 NOTE:

1. DIMENSIONS FOR WALLS INDICATED IN

PROJECT SUMMARY AND ON PLANS ARE TO

FACE OF STUDS, FROM FACE OF STUDS,
AND/OR EDGE OF STUDS.

2. AREA INDICATED IN PROJECT SUMMARY AND
ON PLANS ARE TO EXTERIOR FACE OF WALLS.

NO. DESCRIPTION DATE

Page 151 of 399 ends

W/D
DN
DN
2 A301
1 A301
A201
2 A2021
A202
2 A201 1
1 F
A
7 15'-4"
10'-2"
111'-8"
10'-2" 16'-0" 15'-11" 15'-11" 15'-11" 15'-11" 15'-11" 16'-1" 10'-2" 20'-2"
34'-0" 7'-6 1/2" 7'-1 1/2" 66'-0"
27'-0"15'-4"27'-0"15'-4"27'-0"10'-2"
10'-5"
10'-2"
34'-0" 14'-8" 44'-0" 22'-0"
14'-8"
UNIT 01
(A2)
UNIT 02
(A3)
UNIT 03
(A1)
UNIT 04
(A1)
UNIT 05
(A3)
UNIT 06
(A1)
UNIT 07
(A4)
UNIT 10
(B1)
UNIT 09
(B1)
UNIT 08
(B2)
UNIT 13
(B3)
UNIT 12
(B1)
UNIT 11
(B1)
UNIT 16
(B1)
UNIT 15
(B1)
UNIT 14
(B1)
114'-8" 10'-2"
20'-2" 114'-8" 10'-2"
111'-8"
22'-0" 22'-0" 22'-0"
10'-5"
10'-5"
5'-0"
0"
33'-3"5'-0"

PROPERTY LINE

PROPERTY LINE
5'-0"
15'-4"
5 1/2"
33'-3"

FENCE/GATE

TERRACE

PRIVATE YARD

PRIVATE YARD
A111
1 A111
3 Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/8" = 1'-0"
8/4/2022 1:51:01 PM
A102

FLOOR PLAN -
LEVEL 2
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1/8" = 1'-0"1 FLOOR PLAN - LEVEL 2
NOTE:

1. DIMENSIONS FOR WALLS INDICATED IN

PROJECT SUMMARY AND ON PLANS ARE TO

FACE OF STUDS, FROM FACE OF STUDS,
AND/OR EDGE OF STUDS.

2. AREA INDICATED IN PROJECT SUMMARY AND
ON PLANS ARE TO EXTERIOR FACE OF WALLS.

NO. DESCRIPTION DATE

Page 152 of 399 ends

2 A301
1 A301
A201
2 A2021
A202
2 A201 1
1 F
A
7 111'-8"
10'-2"10'-2" 16'-0" 15'-11" 15'-11" 15'-11" 15'-11" 15'-11" 16'-1" 34'-0" 14'-8" 66'-0"20'-2"
27'-0"15'-4"27'-0"15'-4"27'-0"
UNIT 01
(A2)
UNIT 02
(A3)
UNIT 03
(A1)
UNIT 04
(A1)
UNIT 05
(A3)
UNIT 06
(A1)
UNIT 07
(A4)
UNIT 10
(B1)
UNIT 09
(B1)
UNIT 08
(B2)
UNIT 13
(B3)
UNIT 12
(B1)
UNIT 11
(B1)
UNIT 16
(B1)
UNIT 15
(B1)
UNIT 14
(B1)
114'-8"
22'-0" 22'-0" 22'-0"
3'-0" 45'-8" 22'-0" 22'-0" 22'-0"
111'-8"
114'-8"
23'-2"
23'-2"
10'-2"
10'-2"
10'-5"
10'-5"
3'-0"
3'-0"

PROPERTY LINE

PROPERTY LINE
15'-4"15'-4"35'-3"
A111
2 A111
4 Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/8" = 1'-0"
8/4/2022 1:51:03 PM
A103

FLOOR PLAN -
LEVEL 3
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1/8" = 1'-0"1 FLOOR PLAN - LEVEL 3
NOTE:

1. DIMENSIONS FOR WALLS INDICATED IN

PROJECT SUMMARY AND ON PLANS ARE TO

FACE OF STUDS, FROM FACE OF STUDS,
AND/OR EDGE OF STUDS.

2. AREA INDICATED IN PROJECT SUMMARY AND
ON PLANS ARE TO EXTERIOR FACE OF WALLS.

NO. DESCRIPTION DATE

Page 153 of 399 ends

W/D
2 A301
1 A301
A201
2 A2021
A202
2 A201 1

PROPERTY LINE

PROPERTY LINE
1/8" / 1'-0" 1/8" / 1'-0"
1/8" / 1'-0"1/8" / 1'-0"
1/8" / 1'-0"
1/8" / 1'-0"1/8" / 1'-0"
1/8" / 1'-0"
1/8" / 1'-0"1/8" / 1'-0"1/8" / 1'-0"1/8" / 1'-0"
1/8" / 1'-0"1/8" / 1'-0"
1/8" / 1'-0"1/8" / 1'-0"
1/8" / 1'-0" 1/8" / 1'-0"
1/8" / 1'-0"1/8" / 1'-0"
1/8" / 1'-0" 1/8" / 1'-0"
1/8" / 1'-0"1/8" / 1'-0"1/8" / 1'-0"1/8" / 1'-0"1/8" / 1'-0"1/8" / 1'-0" 1/8" / 1'-0" 1/8" / 1'-0" 1/8" / 1'-0"
1/8" / 1'-0"
1/8" / 1'-0"1/8" / 1'-0"
1/8" / 1'-0"
1/8" / 1'-0" 1/8" / 1'-0"
1/8" / 1'-0"
1/8" / 1'-0" 1/8" / 1'-0" 1/8" / 1'-0" 1/8" / 1'-0" 1/8" / 1'-0" 1/8" / 1'-0" 1/8" / 1'-0"1/8" / 1'-0"
1/4" / 1'-0"
1/4" / 1'-0"
1/4" / 1'-0"
1/4" / 1'-0" 1/4" / 1'-0"
1/4" / 1'-0"
1/4" / 1'-0" 1/4" / 1'-0"
1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0"
1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0" 1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0" 1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0" 1/4" / 1'-0"
1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0" 1/4" / 1'-0"1/4" / 1'-0"
1/4" / 1'-0"
Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/8" = 1'-0"
8/4/2022 1:51:04 PM
A104

ROOF PLAN
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1/8" = 1'-0"1 ROOF PLAN
NO. DESCRIPTION DATE

Page 154 of 399 ends

UP
DN
DW REF.

D W
UP
DN
LIVING
12'-2" X 15'-4"
DINING
7'-6" X 10'-11"
POWDER
6'-9" X 6'-6"

KITCHEN
8'-5" X 10'-9"
15'-11"
34'-0"

BALCONY
16'-0" 10'-8" 7'-4"
7'-8" 5'-6 1/2" 2'-8 1/2"
11'-10 1/2" 4'-0 1/2"
13'-3" 3'-0 1/2" 10'-8" 7'-0 1/2"
FAU
BEDROOM 1
12'-10" X 11'-3"
BATH
8'-0" X 8'-5"BEDROOM 2
11'-6" X 10'-4"
W/D
?

BALCONY
15'-11"
34'-0"
11'-1" 2'-4 1/2" 8'-9" 11'-9 1/2"
13'-2 1/2" 2'-8 1/2"
8'-8" 3'-6" 3'-9"
6'-2" 14'-9" 3'-9 1/2" 9'-3 1/2"
FAMILY
17'-3" x 16'-9"

KITCHEN
15'-0" x 9'-0"
POWDER
5'-4" x 5'-5"
W/D
5'-4" X 3'-6"
22'-0"
27'-0"
4'-5 7/8" 8'-6 1/8" 4'-1 1/2" 3'-7 1/2" 6'-3"
17'-4 1/2" 4'-10 1/2"
15'-9" 6'-3"
M. BEDROOM
11'-0" x 12'-6"

BEDROOM
13'-0" x 9'-6"BATH
5'-6" x 9'-6"
W.I.C.
5'-3" X 5'-0"
M. BATH
5'-4" x 12'-5"
4'-5 7/8" 8'-6 1/4" 3'-8 3/8" 10'-3 1/2"
22'-0"
11'-7 1/2" 5'-8 7/8" 4'-10 5/8"
6'-1 5/8" 13'-5 3/8" 2'-5"
Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/4" = 1'-0"
8/4/2022 1:51:07 PM
A111

UNIT PLANS
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1/4" = 1'-0"1 TYPE A1 - LEVEL 2
1/4" = 1'-0"2 TYPE A1 - LEVEL 3
1/4" = 1'-0"3 TYPE B1 - LEVEL 2
1/4" = 1'-0"4 TYPE B1 - LEVEL 3
AREA SCHEDULE - TYPE A1

LEVEL AREA
A1
LEVEL 2 515 SF
LEVEL 3 545 SF
A1: 2 1,060 SF
Grand total:
2 1,060 SF
AREA SCHEDULE - TYPE B1

LEVEL AREA
B1
LEVEL 2 540 SF
LEVEL 3 578 SF
B1: 2 1,118 SF
Grand total:
2 1,118 SF
NO. DESCRIPTION DATE

Page 155 of 399 ends

LEVEL 1
212'-0"
LEVEL 1
212'-0"
2 A301
LEVEL 2
223'-0"
LEVEL 2
223'-0"
3'-10" 9'-0" 10'-8" 11'-0"
LEVEL 3
233'-8"
LEVEL 3
233'-8"
LEVEL 3 TOP
242'-8"
LEVEL 3 TOP
242'-8"
F A

BUILDING HEIGHT
35'-0"
9'-0" 10'-8" 11'-0"
PL
PL
3A4C3B 8A8A8A 4C4C
2'-0"
9A
3A
9A
12A 12A
12A
12A
9C
8A
9C9C9C 9C 14C
9D 9D
LEVEL 1
212'-0"
LEVEL 1
212'-0"
1 A301
LEVEL 2
223'-0"
LEVEL 2
223'-0"
LEVEL 3
233'-8"
LEVEL 3
233'-8"
LEVEL 3 TOP
242'-8"
LEVEL 3 TOP
242'-8"
17 9'-0" 10'-8" 11'-0"
3'-10" 9'-0" 10'-8" 11'-0"

BUILDING HEIGHT
35'-0"
6"
3B
3B3A
35'-0"
PLPL
4B3B3A
9A
12A12A

OPEN OPENOPEN OPEN
OPEN
9D
Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/8" = 1'-0"
8/4/2022 1:51:19 PM
A201

BUILDING

ELEVATIONS
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1/8" = 1'-0"1 FRONT ELEVATION - S
1/8" = 1'-0"2 SIDE ELEVATION - E

KEYNOTE LEGEND
Key Value Keynote Text
3A STUCCO, SAND FINISH OMEGA 20/30,

COLORTEK, BENJAMIN MOORE COLOR
PREVIEW, HC-49, MAYFLOWER RED
3B STUCCO, SAND FINISH OMEGA 20/30,
COLORTEK # 15, BIRCH WHITE
4B JAMES HARDIEPLANK LAP SIDING (WIDTH 9.25

INCH) AND TRIM, HEATHERED MOSS
4C JAMES HARDIEPLANK LAP SIDING (WIDTH 9.25

INCH) AND TRIM, BENJAMIN MOORE COLOR
PREVIEW, HC-7, BRYANT GOLD
8A PAINTED METAL CANOPY, BENJAMIN MOORE
COLOR PREVIEW, HC-70, VAN BUREN BROWN
9A PAINTED METAL RAILING, BENJAMIN MOORE
COLOR PREVIEW, HC-70, VAN BUREN BROWN
9C PAINTED PERFORATED METALPANEL SCREEN,
BENJAMIN MOORE COLOR PREVIEW, HC-70,

VAN BUREN BROWN
9D PAINTED METAL CAP, BENJAMIN MOORE
COLOR PREVIEW, HC-70, VAN BUREN BROWN
12A VINYL WINDOW AND FRENCH DOORS, MI
WINDOWS HOMEMAKERS3 SERIES, EXTERIOR

COLOR BRONZE
14C ROLLING UP GRILLE GARAGE SECURITY DOOR
NO. DESCRIPTION DATE

Page 156 of 399 ends

LEVEL 1
212'-0"
LEVEL 1
212'-0"
2 A301
LEVEL 2
223'-0"
LEVEL 2
223'-0"
LEVEL 3
233'-8"
LEVEL 3
233'-8"
LEVEL 3 TOP
242'-8"
LEVEL 3 TOP
242'-8"
FA
3'-10" 9'-0" 10'-8" 11'-0"

BUILDING HEIGHT
35'-0"
3'-10" 9'-0" 10'-8" 11'-0"
35'-0"
PL PL
3B
LEVEL 1
212'-0"
LEVEL 1
212'-0"
1 A301
LEVEL 2
223'-0"
LEVEL 2
223'-0"
LEVEL 3
233'-8"
LEVEL 3
233'-8"
LEVEL 3 TOP
242'-8"
LEVEL 3 TOP
242'-8"
1 7
3'-10"
3'-10" 11'-0"10'-8"9'-0"

BUILDING HEIGHT
35'-0"
PLPL
11'-0"10'-8"9'-0"3'-10"
35'-0"
4C
3A
4C3B4B3B4B3B
14A
9A
3B

OPEN OPEN OPENOPEN
8'-0"
OPEN
14B
9A
12A 12A 9D 12A
Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/8" = 1'-0"
8/4/2022 1:51:28 PM
A202

BUILDING

ELEVATIONS
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1/8" = 1'-0"1 REAR ELEVATION - N
1/8" = 1'-0"2 SIDE ELEVATION - W

KEYNOTE LEGEND
Key Value Keynote Text
3A STUCCO, SAND FINISH OMEGA 20/30,

COLORTEK, BENJAMIN MOORE COLOR
PREVIEW, HC-49, MAYFLOWER RED
3B STUCCO, SAND FINISH OMEGA 20/30,
COLORTEK # 15, BIRCH WHITE
4B JAMES HARDIEPLANK LAP SIDING (WIDTH 9.25

INCH) AND TRIM, HEATHERED MOSS
4C JAMES HARDIEPLANK LAP SIDING (WIDTH 9.25

INCH) AND TRIM, BENJAMIN MOORE COLOR
PREVIEW, HC-7, BRYANT GOLD
9A PAINTED METAL RAILING, BENJAMIN MOORE
COLOR PREVIEW, HC-70, VAN BUREN BROWN
9D PAINTED METAL CAP, BENJAMIN MOORE
COLOR PREVIEW, HC-70, VAN BUREN BROWN
12A VINYL WINDOW AND FRENCH DOORS, MI
WINDOWS HOMEMAKERS3 SERIES, EXTERIOR

COLOR BRONZE
14A ENTRY DOOR, MP DOOR S, 4 LITE FIBERGLASS

ENTRY DOOR, BRONZE COLOR WITH WATER

WAVE GLASS
14B PAINTED METAL DOORS
NO. DESCRIPTION DATE

Page 157 of 399 ends

LEVEL 1
212'-0"
LEVEL 1
212'-0"
2 A301
LEVEL 2
223'-0"
LEVEL 2
223'-0"
LEVEL 3
233'-8"
LEVEL 3
233'-8"
LEVEL 3 TOP
242'-8"
LEVEL 3 TOP
242'-8"
LEVEL 2 TOP
232'-6 1/4"
LEVEL 2 TOP
232'-6 1/4"
F A
9'-0" 10'-8" 11'-0"
9'-6"
3'-10" 9'-0" 10'-8" 11'-0"1'-1 3/4"
33'-2"
35'-0"
PL
PL
GARAGE
LEVEL 1
212'-0"
LEVEL 1
212'-0"
1 A301
LEVEL 2
223'-0"
LEVEL 2
223'-0"
LEVEL 3
233'-8"
LEVEL 3
233'-8"
LEVEL 3 TOP
242'-8"
LEVEL 3 TOP
242'-8"
LEVEL 2 TOP
232'-6 1/4"
LEVEL 2 TOP
232'-6 1/4"
9'-0"
1 10'-0 1/4"
7 9'-0" 10'-8" 11'-0"
35'-0"
23'-6"
11'-0" 1'-6"1'-1 3/4" 9'-6 1/4"3'-10" 9'-0"
9'-6"
36'-0"
9'-6"
PL PL
GARAGE
Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
1/8" = 1'-0"
8/4/2022 1:51:31 PM
A301

BUILDING

SECTIONS
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1/8" = 1'-0"1 BUILDING SECTION 1
1/8" = 1'-0"2 BUILDING SECTION 2
NO. DESCRIPTION DATE

Page 158 of 399 ends

Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
8/4/2022 1:52:03 PM
A901
3D VIEWS
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1 STREET VIEW 01
NO. DESCRIPTION DATE

Page 159 of 399 ends

Scale:

Project number: Date:

OWNER:

SAN GIORGIO, LLC
PO BOX 518
MONTEBELLO, CA 90640
ARCHITECT:

FENG XIAO ARCHITECT, INC.
2540 HUNTINGTON DR., # 207
SAN MARINO, CA 91108
PHONE: 626.380.7098
EMAIL: [email protected]
CIVIL ENGINEER:

CAL LAND ENGINEERING, INC.

DBA QUARTECH CONSULTANTS
576 E. LAMBERT ROAD
BREA, CA 92821
PHONE: 714.671.1050 X 11
E-MAIL: [email protected]
LANDSCAPE ARCHITECT:

FONG HART SCHNEIDER + PARTNERS
31742 COAST HIGH WAY
LAGUNA BEACH, CA 92651
PHONE: 949.645.9444
EMAIL: [email protected]
Drawing No.
© 2022 Feng Xiao Architect, Inc.

LICENSED

ARCHITECT
FENG
XIAO
No. C-31198
Oct. 31, 2023
STATE
O
F
CA
L

IFORNIA
8/4/2022 1:52:24 PM
A902
3D VIEWS
20023

HART PLACE
08/04/22
608, 612 & 616 HART PLACE
MONTEBELLO, CA 90640

PLANNING

RESUBMISSION
08/04/22
1 STREET VIEW 02
NO. DESCRIPTION DATE

Page 160 of 399 ends

CITY OF MONTEBELLO

PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Montebello will hold a P ublic Hearing in the Council Chamber of the Montebello City Hall, 1600 West Beverly Boulevard , Montebello, California on Wednesday, July 26, 20 23, at approximately 6:00 p.m., or as soon as possible thereafter as the matter can be heard, to consider the following: A request to amend the zoning designation of 608, 612, and 616 Hart Place (“Project Site”) from C -R (Commercial Restricted) to C -R-HOO (Commercial Restricted with the Housing Opportunity Overlay) to facilitate the development of sixteen (16) for-rent dwelling units including four (4) affordable residential units located within a three-story building. The project includes the following discretionary reviews: Zone Change, Development Agreement, and Density Bonus Agreement.

Pursuant to the California Environmental Quality Act (CEQA), this project is exempt from CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. No physical changes will occur as a result of the proposed Zone Change, Development Agreement, and Density Bonus Agreement. Because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment, the project is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3). A Notice of Exemption has been prepared for this project.

For those interested in participating in-person during the public comments period or public testimony period for public hearings, you may address the City Council in-person the day of the meeting. Speakers will be required to fill out a speaker card provided during this meeting and turn it into the City Clerk or a staff designee prior to each public comment announcement period. Each speaker card will be called in the order received.

The public may also submit emailed comments via the City’s email address:[email protected] where the public can submit public comments up until the day of the meeting, Wednesday, July 26, 2023 between 7:30 a.m. – 6:00 p.m.. These comments will not be read out loud but will be entered into the record and submitted to all members of the City Council.

If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing.

The proposed resolution and other material are available by contacting the City Clerk’s Office at 323-887-1359.

Kimberly Guillen, Acting Sr. Deputy City Clerk
Dated: July 6, 2023
Date published: July 13, 2023

ATTACHMENT G

Page 161 of 399 ends

Notice of CEQA Exemption
City of Montebello
To:

County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:

City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.

Montebello, CA 90640
Lead Agency: City of Montebello Planning and Community Development Department Project Title: 608, 612, and 616 Hart Place Multifamily Residential Project Project Location: 608, 612, and 616 Hart Place
Case Number(s): PC-2022-0003-ZC-SPR-TPM, ENV No. 13-22-CE, and DA 01-22 Description of Nature, Purpose, and Beneficiaries of Project: The project involves amending the zoning designation of the property from C-R (Commercial Restricted) to C-R-HOO (Commercial Restricted with the Housing Opportunity Overlay) to facilitate the construction of sixteen (16) dwelling units on behalf of the property owner, San Giorgio LLC. Additionally, the project involves the approval of a Development Agreement and Density Bonus Agreement.

Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: Feng Xiao Architect, Inc., on behalf of property owner, San Giorgio, LLC
Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:

Statutory Exemptions. State code number:

Common Sense Exemption. Section number: CEQA Section §15061(b)(3) Justification for Project Exemption:

The project is considered covered by the common sense exemption found under CEQA Section §15061(b)(3). The common sense exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed Zone Change, Development Agreement, and Density Bonus Agreement do not have the potential to degrade the quality of the environment or have a significant effect on the environment. Additionally, a separate Notice of Exemption has been prepared for the Site Plan Review related to the construction of the sixteen (16) residential units proposed at the site and the Planning Commission found this portion of the project to be exempt from CEQA pursuant to CEQA Section §15300.2 (In-Fill Development Projects).

Lead Agency Contact Person: Joseph Palombi, Director of Planning & Community Development Area Code/Telephone/Extension: (323) 887-1478
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.

Signature: ____________________________ Date: ______________ Title: _______________________ Signed by Lead Agency Signed by Applicant

ATTACHMENT H

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ITEM # 7

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Acting City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: APPROVAL OF A MEMORANDUM OF AGREEMENT (MOA) WITH THE

UPPER LOS ANGELES RIVER (ULAR) WATERSHED MANAGEMENT
GROUP

DATE: August 9, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve the MOA with the Upper Los Angeles River (ULAR) Watershed Group for Fiscal Years 2023-24 through 2025-26 (Attachment A); and

2. Amend the Fiscal Year 2023-24 budget increasing appropriations by $27,721 in Account No. 229-30-315-6040.10 (Measure W, Public Works, Stormwater, Outside Contracts); and

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

FISCAL IMPACT:

It is recommended that City Council amend the Fiscal Year 2023-24 adopted budget to appropriate anticipated expenses in the Measure W Fund (Fund 229) in the amount of $27,721. The City receives approximately $900,000 in annual revenue from Measure W recorded in Account No. 229-99-3630.70 (Special Revenue Measure W). The annual payment per the agreement will be recorded in Account No. 229-30-315-6040.10 (Measure W, Public Works, Stormwater, Outside Contracts). Subsequent budgets will include the anticipated expenditures in Fund 229. There is sufficient fund balance in Fund 229 for the additional expenses (i.e., $27, 721) anticipated for FY 2023-24.

BACKGROUND/DISCUSSION:

On September 11, 2021, the 2021 MS4 Permit became effective and requires that Los Angeles County, Los Angeles County Flood Control District (LACFCD), 85 cities within the coastal watersheds of Los Angeles County, Ventura County Watershed Protection District, County of Ventura and 10 cities within Ventura County comply with the 2021 MS4

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CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 9, 2023

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Permit requirements.

The City of Montebello is part of the Upper Los Angeles River (ULAR) Watershed Management Group which has been working toward permit compliance on behalf of its member agencies. The City Council approved the Memorandum of Understanding (MOU) for membership in the ULAR Watershed Management Group on June 26, 2013.

Member agencies include the Cities of Los Angeles, Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Canada Flintridge, Pasadena, Rosemead, San Fernado, San Gabriel, San Marino, South El Monte, South Pasadena, and Temple City, as well as the Los Angeles County Flood Control District and the County of Los Angeles. The San Gabriel Valley Council of Governments provides administration of cost sharing for implementing the coordinated integrated monitoring program (CIMP) and Watershed Management Program (WMP) in accordance with the MS4 Permit. Montebello has been coordinating permit compliance efforts with the group since joining in 2013.

The recommended MOA between the ULAR members continues the facilitation of monitoring and implementation services that the MS4 Permit requires and is funded cooperatively. Each member’s contribution is specified in the agreement.

The annual financial contribution required of the City will be programmed from the Measure W fund. The payment schedule per the terms of the agreement is as follows: 1) $27,721 FY 2023-24; 2) $26,837 FY 2024-25; and 3) $32,032 FY 2025-26. The total cost for the three years of the agreement is $86,590.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Upon the approval of the City Council of the recommended action, staff will coordinate with the San Gabriel Valley Council of Governments (SGVCOG) for the invoicing and funds collection. In addition, the recommended actions will amend the Fiscal Year 2023- 24 budget increasing appropriations by $27,721 in Account No. 229-30-315-6040.10 (Measure W, Public Works, Stormwater, Outside Contracts).

ATTACHMENT(S)

1. Attachment A - ULAR MOA FY 2023-2026

NEXT STEPS:

N/A

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MEMORANDUM OF AGREEMENT

BETWEEN THE CITY OF LOS ANGELES, THE CITY OF ALHAMBRA, THE CITY OF

BURBANK, THE CITY OF CALABASAS, THE CITY OF GLENDALE, THE CITY

OF HIDDEN HILLS, THE CITY OF LA CANADA FLINTRIDGE, THE CITY OF

MONTEBELLO, THE CITY OF MONTEREY PARK, THE CITY OF PASADENA, THE

CITY OF ROSEMEAD, THE CITY OF SAN FERNANDO, THE CITY OF SAN

GABRIEL, THE CITY OF SAN MARINO, THE CITY OF SOUTH EL MONTE, THE

CITY OF SOUTH PASADENA, THE CITY OF TEMPLE CITY, LOS ANGELES

COUNTY FLOOD CONTROL DISTRICT, THE COUNTY OF LOS ANGELES, THE

SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS

REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING

THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AND

WATERSHED MANAGEMENT PROGRAM (WMP) FOR THE UPPER LOS

ANGELES RIVER WATERSHED MANAGEMENT AREA

This Memorandum of Agreement (MOA), including its attachments, exhibits and schedules, is made and entered into as of July 1st, 2023 by and between The SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG), a California Joint Powers Authority, THE CITY OF LOS ANGELES (CITY), a municipal corporation, THE CITY OF ALHAMBRA, a municipal corporation, THE CITY OF BURBANK, a municipal corporation, THE CITY OF CALABASAS, a municipal corporation, THE CITY OF GLENDALE, a municipal corporation , THE CITY OF HIDDEN HILLS, a municipal corporation, THE CITY OF LA CANADA FLINTRIDGE, a municipal corporation, THE CITY OF MONTEBELLO, a municipal corporation, THE CITY OF MONTEREY PARK, a municipal corporation, THE CITY OF PASADENA, a municipal corporati on, THE CITY OF ROSEMEAD, a municipal corporation, THE CITY OF SAN FERNANDO, a municipal corporation, THE CITY OF SAN GABRIEL, a municipal corporation, THE CITY OF SAN MARINO, a municipal corporation, THE CITY OF SOUTH EL MONTE, a municipal corporation, THE CITY OF SOUTH PASADENA, a municipal corporation, THE CITY OF TEMPLE CITY, a municipal corporation, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and the COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the St ate of California. Collectively, these entities shall be known herein as PARTIES or individually as PARTY.

RECITALS

WHEREAS, the U.S. Environmental Protection Agency (USEPA) and the California Regional Water Quality Control Board, Los Angeles Region ( Regional Board) have classified the Greater Los Angeles County Municipal Separate Storm Sewer System

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(MS4) as a large MS4 pursuant to 40 Code of Federal Regulations (CFR) section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2; and

WHEREAS, the Regional Board adopted the 2012 National Pollutant Discharge Elimination System MS4 Permit No. R4-2012-0175 on November 8, 2012, which was re- adopted in the 2021 Regional Phase I MS4 Permit Order No. R4-2021-0105; and

WHEREAS, the 2012 MS4 P ermit became effective on December 28, 2012, and required that the LACFCD, the COUNTY, and 84 of the 88 cities within the County comply with its prescribed elements; and

WHEREAS the 2021 MS4 Permit became effective on September 11, 2021, superseding the 2012 MS4 Permit, and requires the COUNTY, LACFCD, 85 cities within the coastal watersheds of Los Angeles County, the Ventura County Watershed Protection District, the County of Ventura, and 10 cities within Ventura County to comply with its prescribed elements; and

WHEREAS, the MS4 Permit identifies the PARTIES as MS4 permittees responsible for compliance with the Permit’s requirements pertaining to the PARTIES’ collective jurisdictional area in the Upper Los Angeles River Watershed Management Area as identified in Exhibit D of this MOA; and

WHEREAS, the CITY and the cities of Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Canada Flintridge, Montebello, Monterey Park, Pasadena, Rosemead, San Fernando, San Gabriel, San Marino, South El Monte, South Pasadena, and Temple City and LACFCD and the COUNTY formed the Upper Los Angeles River Watershed Management Group (ULAR WMG) to collaborate on the Watershed Management Program (WMP) and the Coordinated Integrated Monitoring Program (CIMP) in accordance with the MS4 Permit, with the CITY serving as the ULAR WMG Lead Agency; and

WHEREAS, the PARTIES desire d to collaborate on the development of a WMP and a CIMP in accordance with the MS4 Permit for a portion of the Upper Los Angeles River Watershed Management Area as identified in Exhibit D of this MOA to comply with all applicable monitoring requirements of the MS4 Permit; and

WHEREAS, the first WMP was submitted to the Regional Board by the PARTIES on June 25, 2015 and was approved by the Regional Board on April 20, 2016; and

WHEREAS, a revised WMP was submitted to the Regional Board on June 28, 2021 and is pending approval; and

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WHEREAS, the first CIMP was submitted to the Regional Board by the PARTIES on April 30, 2015 and was approved by the Regional Board on August 5, 2015; and

WHEREAS, a revised CIMP was submitted to the Regional Board on March 13, 2023 and is pending approval; and

WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the estimated costs of the implementation of the CIMP and WMP; and

WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit notwithstanding this MOA; and

WHEREAS, the PARTIES desire to have the SGVCOG: (a) invoice an d collect funds from each of the PARTIES to cover the costs of MONITORING SERVICES and WMP-RELATED TASKS and pay the CITY; (b) perform tasks identified in CONTRACT ADMINISTRATION in Exhibit A of this MOA;

NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows:

Section 1. Recitals. The recitals set forth above are true and correct and fully incorporated into this MOA.

Section 2. Purpose. The purpose of this MOA is to cooperatively fund the MONITORING SERVICES and WMP-RELATED TASKS, as set forth in Exhibit A of this MOA.

Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOA.

Section 4. Voluntary. The PARTIES have voluntarily entered into this MOA for the implementation of the MONITORING SERVICES and WMP -RELATED TASKS, and to authorize the SGVCOG to administer the cost-sharing.

Section 5. Term. This MOA shall become effective on July 1, 2023 a nd shall remain in effect for three (3) years up to and including June 30, 2026. The MOA may be extended, through mutual agreement of the PARTIES.

Section 6. Commitment. Once effective, the PARTIES agree to uphold the promises contained in this MOA for t he duration of the agreed upon term. The Parties agree that costs, expenses, fees, liabilities, and obligations incurred by the CITY in performing MONITORING SERVICES in accordance with Tables 2 -2C(i) of Exhibit B and WMP -

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RELATED TASKS in accordance with Table 3-3B of Exhibit B prior to the execution date of this MOA but after July 1, 2023, shall be cost -shared under this Agreement according to the amounts specified in Exhibit B and shall be included in the first invoice.

Section 7. THE PARTIES AGREE:

a. Monitoring Services. The CITY will perform the MONITORING SERVICES as defined in Exhibit A.

b. WMP-Related tasks. The CITY and the SGVCOG will perform the WMP-RELATED TASKS, as defined in Exhibit A.

c. Reporting. Each PARTY hereto authorizes the CITY to prepare and submit reports to the Regional Board as required by the MS4 Permit. In addition, the CITY will submit to the PARTIES the data used to prepare the reports. This data will be transmitted electronically to all PARTIES and as requested by the Regional Board.

The CITY will provide sufficient time to the PARTIES to review the prepared reports. The CITY shall consider incorporating such comments received and answering a PARTY’s questions to the best of its abilities prior to its submittal to the Regional Board.

d. Contract Administration . The SGVCOG will be responsible for CONTRACT ADMINISTRATION, as defined in Exhibit A.

e. Communication. To the extent the PARTIES have communications related to CONTRACT ADMINISTRATION as defined in Exhibit A, such communication s shall be directed to the SGVCOG. Communications concerning MONITORING SERVICES and WMP-RELATED TASKS under this Agreement shall be directed to the ULAR WMG lead agency. Written notice will be provided to the PARTIES should contact information from the SGVCOG and/or the ULAR WMG lead agency change.

f. Contracting. The PARTIES contemplate that other individual NPDES permit holders may wish to participate in the MONITORING SERVICES without being a party to this MOA. In the event that another NPDES permittee wants to participate in the MONITORING SERVICES , the SGVCOG may enter into an individual separate agreement with such individual NPDES permittee. The individual NPDES permittee will not become a party to this MOA but will be responsible for its proportionate share of the costs for those MONITORING SERVICES . If other individual NPDES permit holders’ participation modifies the PARTIES’ proportionate cost share, each PARTIES' proportional payment obligation shall be modified administratively in Exhibit B.

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Section 8. Invoicing and Payment.

a. Invoicing. The SGVCOG will invoice all PARTIES, except the CITY, annually in amounts not exceeding the invoice amounts shown in Table 1 of Exhibit B. The annual invoices will be issued by the SGVCOG to the PARTIES in July of each calendar year for their proportional share of the estimated cost for MONITORING SERVICES and WMP -RELATED TASKS, including SGVCOG's Contact Management Fee, for the fiscal year, as shown in Exhibit B. The first invoice will be issued in July 2023 or upon the execution of this Agreement, whichever is later.

The PARTIES hereby acknowledge and ratify services performed on or after the earlier of July 1st, 2023 or the date of the last signature of the PARTIES that are performed in accordance with the terms and conditions of the MOA. Such services shall be included in the first invoice and reimbursable pursuant to this MOA. The CITY will invoice the SGVCOG for tasks performed, deducting the CITY’s cost portion for such tasks and the CITY’s cost portion for the SGVCOG’s program management fee. The CITY shall provide SGVCOG an accounting of the MONITORING SERVICES, and any WMP -RELATED TASKS completed during each annual payment term consistent with the format as shown in Exhibit E.

b. Annual Payment. Each PARTY, excluding the CITY, shall pay the SGVCOG for their invoice within sixty (60) days of receipt of the invoice from the SGVCOG.

c. Late Payment Penalty . Any payment that is not received within sixty (60) days following receipt of the invoice from SGVCOG shall be subject to a late payment of 10%. Interest on any late payments shall accrue at the rate of 1% per month for each month a payment is past due.

d. Delinquent Payments. A payment not made within three hundred and sixty -five (365) days after receipt of the invoice from the SGVCOG shall result in the SGVCOG notifying the Regional Board and the PARTIES that the delinquent PARTY is no longer a participating member of the CIMP or WMP. The PARTY shall be deemed to have withdrawn from this MOA and the remaining PA RTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Table 1 of Exhibit B. Withdrawal shall not relieve a PARTY’s obligation to pay its proportionate share of costs that were due at the time of the deemed withdrawal.

e. Contingency. Each PARTY’s annual invoice will include a continge ncy of fifteen percent (15%) for MONITORING SERVICES and fifteen percent (15%) for WMP- RELATED TASKS , as shown in Exhibit B. Contingency funds will be held by SGVCOG until such time as they are needed. Contingency funds that are used will be applied to each PARTY based on its proportional share. No PARTY will be

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obligated to pay for additional expenditures which exceed its contingency amounts without an amendment to this MOA.

i. Monitoring Services Contingency . The CITY shall have access to the MONITORING SERVICES Contingency, for paying for or otherwise implementing the MONITORING SERVICES defined in Exhibit A of this MOA. The CITY shall notify the PARTIES before use of the MONITORING SERVICES Contingency is appropriate or required as soon as practicable but any failure to notify any PARTY or the PARTIES shall not alter, eliminate, or affect the CITY’s right to payment. The CITY will indicate the amount of MONITORING SERVICES Contingency used in its applicable invoice(s) to the SGVCOG for implementation of the MONITORING SERVICES. Should the CITY determine in its reasonable discretion that the MONITORING SERVICES Contingency not be necessary for
MONITORING SERVICES, the PARTIES may administr atively shift these funds to be used for WMP-RELATED TASKS and do so using the process defined in Section 9(c).

ii. WMP-Related Tasks Contingency . The PARTIES may utilize WMP- RELATED TASKS Contingency to complete projects consistent with the WMP-RELATED TASKS defined in Exhibit A. To utilize WMP-RELATED TASKS Contingency, the ULAR WMG shall discuss the proposed activity and the ULAR WMG will come to a majority consensus, using the process defined in Section 9(c), as to whether to move forward with the use of WMP- RELATED TASKS Contingency and the process for implementation. The SGVCOG shall utilize the WMP-RELATED TASKS Contingency to reimburse the entity responsible for administering the approved WMP - RELATED TASK funded by the WMP-RELATED TASKS Contingency.

Should the WMP-RELATED TASKS Contingency not be necessary for WMP-RELATED TASKS, the PARTIES may administratively shift these funds to be used for MONITORING SERVICES, using the process defined in Section 9(c).

f. Shifting of Funds. The PARTIES may shift funds collected under this MOA between MONITORING SERVICES and WMP-RELATED TASKS administratively, without an amendment to this MOA, provided that the overall amount does not exceed the total not-to-exceed amount of this MOA or a PARTY’S annual proportional cost, as set forth in Table 1 of Exhibit B, and if approved by a majority consensus, using the process defined in Section 9(c). Should the CITY require a shift in funds between MONITORING SERVICES and WMP-RELATED TASKS in order to implement the MONITORING SERVICES and WMP-RELATED TASKS , it shall notify the SGVCOG before shifting these funds.

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g. Contract Management Fee . The SGVCOG will receive a Contract Management Fee of $100,000 per year for administration of this MOA by the SGVCOG. Each PARTY will be assessed its proportionate share of the annual Contract Management Fee as shown in Table 4 of Exhibit B.

h. Reconciliation of this MOA. At the end of the MOA, the SGVCOG will provide the PARTIES with an accounting of actual expenditures, consistent with the format as shown in Exhibit E, within ninety (90) days. Any unexpended funds held by SGVCOG at the termination of this MOA will be rolled -over to cover expenses in any subsequent MOA. PARTIES may request in writing a refund or credit of any unexpended funds by the SGVCOG, in accordance with the distributed cost formula set forth in Table 1 of Exhibit B.

Section 9. THE PARTIES FURTHER AGREE:

a. Documentation. The PARTIES agree to promptly provide at no cost to the CITY all requested information and documentation in their possession that the CITY, in its discretion, deems to be necessary or helpful for the performance of the MONITORING SERVICES and WMP-RELATED TASKS.

b. Access. During the term of this MOA on an as -needed basis, each PARTY shall allow the CITY or its contractor reasonable access and entry to land, facilities and structures owned, operated, or controlled by the PARTY, which access and entry are necessary or helpful for the CITY or its contractor to perform MONITORING SERVICES and WMP-RELATED TASKS (FACILITIES). The FACILITIES shall include but not be limited to the PARTY's storm drains, channels, catch basins, and similar, provided, however, that prior to entering any of the PARTIES FACILITIES, the CITY or its contractor, as applicable, shall provide seve nty-two (72) hours advance written notice of entry to the applicable PARTY, or in the cases where seventy-two (72) hours' advance written notice is not possible, such as in cases of unforeseen wet weather, the CITY or its contractor shall provide written notice to the applicable PARTY as early as reasonably possible. Any PARTY, including LACFCD, agrees to provide the CITY or its contractor a "no-fee" Access Permit to its FACILITIES. This Access Permit does not cover any fees that may be required for Constru ction Permits for the installation of permanent monitoring equipment. The CITY shall secure any required necessary permits prior to entry.

c. Consensus. The PARTIES agree that consensus in the ULAR WMG will be determined by a two -thirds supermajority (66.6 6%) voting of the ULAR WMG members based on each PARTY’s percentage land area of the Watershed as shown in Exhibit D. Consensus shall be reached using an email vote of ULAR WMG members. Any PARTY that does not respond to a vote within five business days, shall be considered to support the majority consensus.

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d. Participation. Each PARTY shall designate an individual to provide representation at the ULAR WMG that is authorized to provide official input on behalf of the PARTY. Each PARTY shall ensure that a representative attends the ULAR WMG meetings and, if necessary, responds to email communication.

e. Additional Activities. The PARTIES agree that additional activities may arise in the course of implementing this MOA, and there may be interest in utilizing funds collected through this MOA or pursuing additional funds, including but not limited to the Safe Clean Water Program, to complete those projects. The ULAR WMG, led by the ULAR WMG Lead Agency, shall discuss and determine additional activities to be co mpleted and the implementation approach to completing those projects. The ULAR WMG will determine which activities to pursue in accordance with the consensus process defined in Section 9(c). Any other PARTY that does not desire to participate in an additional activity can submit a written request to the SGVCOG that they do not desire to be part of the activity. The non -participating PARTY will not be responsible for its proportionate share of funds to complete the additional project, and the cost will be re calculated amongst the remaining PARTIES.

Section 10. Indemnification. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, on a pro rata basis, including its special districts, their member agencies, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to, demands, claims, actions, fees, costs, and expenses (including reasonable attorneys and expert witness fees), arising from or conn ected with this MOA; provided, however, that no PARTY shall indemnify another PARTY for that PARTY’s own negligence or willful misconduct.

Section 11. Termination

a. Noticing. Any PARTY may withdraw from this MOA for any reason, in whole or part, by giving the SGVCOG and the Regional Board thirty (30) days written notice thereof. Withdrawing PARTIES shall remain wholly responsible for their proportional share of the costs of MONITORING SERVICES and WMP-RELATED TASKS for any fiscal year for which the PAR TY has not withdrawn. Withdrawing PARTIES shall not be entitled to any refunds. Each PARTY shall also be responsible for the payment of its own fines, penalties or costs incurred as a result of the non -performance of the CIMP and/or WMP. Upon withdrawal by the SGVCOG, the PARTIES shall meet and confer to designate an alternate organization to accept the SGVCOG's responsibilities under this MOA.

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b. Default. If a PARTY fails to comply with any of the terms or conditions of this MOA, that PARTY shall forfeit its rights to the work completed through this MOA, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default

c. Equipment Ownership. Devices such as automatic sampling stations - inclusive of a cabinet, sampling equipment, ancillary devices, power supplies (EQUIPMENT) may be installed to implement the CIMP. Any PARTY voluntarily terminating membership will not be entitled to a refund for the portio n of the share paid to acquire and to operate the EQUIPMENT nor for the remaining value of the EQUIPMENT, if any. The operational life of such EQUIPMENT is approximately seven years, and after which it may be obsolete or may require major remodel or replacement of electrical and mechanical components costing equivalent to a purchase of a new EQUIPMENT. The remaining PARTIES agree to own, operate and maintain and or replace the EQUIPMENT.

Section 12. General Provisions

a. Notices. Any notices, bills, invoi ces, or reports relating to this MOA, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit C attached hereto and incorporated herein by reference. PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit C. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e -mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return rec eipt requested) to the addresses set forth in Exhibit C.

b. Administration. For the purposes of this MOA, the PARTIES and SGVCOG hereby designate as their respective representatives the persons named in Exhibit C. The designated representatives, or their re spective designees, shall administer the terms and conditions of this MOA on behalf of their respective entities. Each of the persons signing below on behalf of a PARTY or the SGVCOG represents and warrants that he or she is authorized to sign this MOA on behalf of such entity.

c. Relationship of the Parties. The PARTIES to this MOA are, and shall at all times remain as to each other, wholly independent entities. No PARTY shall have power to incur any debt, obligation, or liability on behalf of any other PART Y unless expressly provided to the contrary by this MOA. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY.

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d. Amendment. The terms and provisions of this MOA may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent PARTIES and the SGVCOG. Such amendments may be executed by those individuals listed in Exhibit C or by a person authorized to execute such amendment on behalf of each PARTY.

e. Law to Govern. This MOA is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. In the event of litigation related to this MOA, venue in the State Superior Court or Federal District Court shall lie exclusively in the County of Los Angeles.

f. No Presumption in Drafting. The PARTIES to this MOA agree that the general rule that an MOA is to be interpreted against the PARTY drafting it, or causing it to be prepared shall not apply.

g. Severability. If any provision of this MOA shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOA shall not be affected, and this MOA shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOA.

h. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES to this MOA with respect to the subject matter hereof.

i. Waiver. Waiver by any PARTY to this MOA of any term, condition, or covena nt of this MOA shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any PARTY to this MOA of any breach of the provisions of this MOA shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOA.

j. Counterparts. This MOA may be executed in any number of counterparts, which execution may be by electronic means as defined in Civil Code section 1633.2 and each of which shall be an original, but all of whic h taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOA.

k. All PARTIES to this MOA have been represented by counsel in the preparation and negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair language.

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IN WITNESS WHEREOF, the PARTIES have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES:

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COUNTY OF LOS ANGELES

Mark Pestrella, Director of Public Works Dated

APPROVED AS TO FORM:

Dawyn R. Harrison
County Counsel

Deputy Dated

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LOS ANGELES COUNTY FLOOD CONTROL DISTRICT

Mark Pestrella, Chief Engineer Dated

APPROVED AS TO FORM:

Dawyn R. Harrison
County Counsel

Deputy Dated

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CITY OF ALHAMBRA

By ___________________ _________________________
Adele Andrade-Stadler, Mayor Dated

ATTEST:

By _________________________
Lauren Myles
City Clerk

APPROVED AS TO FORM:

By _________________________
Joseph M. Montes, Esq.

City Attorney

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CITY OF LOS ANGELES

Dated: ___________________ By: _________________________ Aura Garcia, President
Board of Public Works

ATTEST:

Holly Wolcott
Interim City Clerk

APPROVED AS TO FORM:

Hydee Feldstein Soto
City Attorney

By:

Adena M. Hopenstand
Deputy City Attorney

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CITY OF BURBANK

Dated: _________________________

Konstantine Anthony, Mayor

ATTEST:

______________________________
Justin Hess, City Manager

APPROVED AS TO FORM:

______________________________
Joseph H. McDougall, City Attorney

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CITY OF CALABASAS

Dated: _________________________

By ________________________________
David J. Shapiro, Mayor

ATTEST:

______________________________
Maricela Hernandez, City Clerk

APPROVED AS TO FORM:

______________________________
Matthew T. Summers, City Attorney

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THE CITY OF GLENDALE

Dated: _________________________

By ________________________________
Ardy Kassakhian, Mayor

ATTEST:

______________________________
Roubik Golanian, P.E., City Manager

APPROVED AS TO FORM:

______________________________
Michael Garcia, City Attorney

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CITY OF HIDDEN HILLS

Dated:

Steve Freedland, Mayor

ATTEST:

Deana L. Gonzalez, CMC, City Clerk

APPROVED AS TO FORM:

______________________________
Roxanne M. Diaz, City Attorney

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CITY OF LA CANADA FLINTRIDGE

Dated: _________________________

By ________________________________

ATTEST:

______________________________

APPROVED AS TO FORM:

______________________________
Adrian R. Guerra, City Attorney

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CITY OF MONTEBELLO

Dated: _________________________

By ________________________________
David Torres, Mayor

ATTEST:

______________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

______________________________
Arnold Alvarez-Glasman, City Attorney

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CITY OF MONTEREY PARK

Dated: _____________________ By:
_____________________________
Ron Bow, City Manager

ATTEST:

By:

Maychelle Yee, City Clerk

APPROVED AS TO FORM:

By:

Karl H. Berger, City Attorney

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CITY OF PASADENA

Dated: _________________________

By ________________________________
Miguel Márquez, City Manager

ATTEST:

______________________________
Mark Jomsky, City Clerk

APPROVED AS TO FORM:

______________________________
Debra Wordham, Assistant City Attorney

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CITY OF ROSEMEAD

Dated: _________________________

By ________________________________
Ben Kim, City Manager

ATTEST:

______________________________
Gloria Molleda, City Clerk

APPROVED AS TO FORM:

______________________________
Rachel H. Richman, City Attorney

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CITY OF SAN FERNANDO

Dated: _________________________

By ________________________________
Celeste T. Rodriguez, Mayor

ATTEST:

______________________________
Julia Fritz, City Clerk

APPROVED AS TO FORM:

______________________________
Richard Padilla, City Attorney

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CITY OF SAN GABRIEL

Dated: _________________________

By ________________________________
Mark Lazzaretto, City Manager

ATTEST:

______________________________
Sharon Clark, City Clerk

APPROVED AS TO FORM:

______________________________
Keith Lemieux, City Attorney

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CITY OF SAN MARINO

Dated: _________________________

By ________________________________
Steve Talt, Mayor

ATTEST:

______________________________
Mario Rueda, Acting City Manager

APPROVED AS TO FORM:

______________________________
Joseph Montes, City Attorney

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CITY OF SOUTH EL MONTE

Dated: _________________________

By ________________________________
Rene Salas, City Manager

ATTEST:

______________________________
Donna G. Shwartz, City Clerk

APPROVED AS TO FORM:

______________________________
Anthony R. Taylor, City Attorney

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CITY OF SOUTH PASADENA

Dated: _________________________

By
Arminé Chaparyan, City Manager

ATTEST:

______________________________
Mark Perez, Deputy City Clerk

APPROVED AS TO FORM:

______________________________
Andrew L. Jared, City Attorney

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CITY OF THE TEMPLE CITY

Dated: _________________________

By ________________________________
Cynthia Sternquist, Mayor

ATTEST:

______________________________
Peggy Kuo, City Clerk

APPROVED AS TO FORM:

______________________________
Greg Murphy, City Attorney

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SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS

Dated: ___________________ By: _________________________ Marisa Creter, Executive Director

ATTEST:

By: _________________________

APPROVED AS TO FORM:

By: _________________________
David DeBerry
Counsel for the SGVCOG

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EXHIBIT A
MOA Scope of Work

The purpose of this MOA is to facilitate compliance by the ULAR WMG with the MS4 Permit. The tasks below outline the broadly-expected work anticipated to comply with the Permit.

MONITORING SERVICES
This includes any and all tasks required to comply with the monitoring requirements established in the MS4 Permit and associated documents. This includes but is not limited to implementation of the ULAR CIMP (Coordinated Integrated Monitoring Program), which includes but is not limited to the following activities:

● Receiving Water Monitoring
● Stormwater Outfall Monitoring
● Non-Stormwater Outfall Monitoring
● Urban Lakes Monitoring
● Data Management
● Capital, Operation, and Maintenance Activities
● Purchasing, maintaining, and replacing equipment (capital costs) necessary for monitoring activities
● Development of the monitoring sections to be included in the Annual Report (e.g. trends analysis, Total Maximum Daily Load (TMDL) attainment, summary of monitoring activities)
● Annual Reconciliation of the MONITORING SERVICES under the MOA. ● This work may include additional activities and requirements based upon the March 2023 CIMP revisions, any other future CIMP revision, and subsequent requirements for the Regional Board.

The City is responsible for completing the MONITORING S ERVICES in this MOA, including by utilizing consultant support services.

WMP-RELATED TASKS
This includes any and all tasks required to comply with the MS4 Permit, as well as other work that is determined to advance the cities’ efforts in complying with the MS4 Permit. The ULAR WMG is required to complete the following activities as part of the ULAR Watershed Management Program (WMP). This includes but is not limited to the sub-tasks defined below:

● Annual Reporting (including the WMP Progress Report) ● Report of Waste Discharge (ROWD)
● Adaptive Management
● Trash Monitoring and Reporting Plan (TMRP)
● WMP Revisions
● Website management (lastormh2o.org)
● California Stormwater Quality Association (CASQA) Membership

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Contracts regarding WMP -RELATED TASKS will be admi nistered by the SGVCOG utilizing a consultant(s) selected in coordination with the ULAR WMG, unless otherwise determined by the ULAR WMG. The lead agency of the ULAR WMG will provide subject-matter expertise and project management support to the SGVCOG and its consultants for the purposes of completing this task.

CONTRACT ADMINISTRATION
This includes any and all tasks associated with administering this MOA, including but not limited to the following:
● Facilitate the development of agreements and subsequent amendments for the ULAR WMG.
● Manage procurements, contracting, and contract administration for consultants and contractors, with the lead agency of the ULAR WMG providing subject -matter expertise and project management support. This could include establishing and managing a bench of technical consultants that could be utilized by any PARTY. ● Distribute invoices and collect payment from PARTIES. ● Pay invoices from the City, upon receipt of invo ice, as established in Section 8(a) of the MOA.
● Manage the MOA budget in coordination with the lead agency of the ULAR WMG. ● Facilitate the preparation of ULAR WMG administrative procedures by ULAR WMG and ensure compliance with these procedures.
● Annual Reconciliation of WMP-RELATED TASKS under the MOA.

The CONTRACT ADMINISTRATION tasks will be completed by the SGVCOG.

Additional tasks may be identified in the process of complying with the Permit, at which point the ULAR WMG would determine the optimal approach to ensuring that the ULAR WMG remains in compliance with any and all aspects of the MS4 Permit and its associated documents.

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EXHIBIT B

MOA Cost Estimates

Table 1. Distribution of Combined Annual Implementation Costs (CIMP/WMP/CASQA/SGVCOG fee) ....................................................................... 35 Table 2. Distribution of Cost for Implementing Total ULAR CIMP Monitoring Services .................................................................................................................. 36 Table 2A. Costs for General CIMP Monitoring Services .......................... 37 Table 2A(i). Distribution of Costs for General CIMP Monitoring Services ..... 37 Table 2B. Costs for Arroyo Seco NSWO Monitoring ................................ 38 Table 2B(i). Distribution of Costs for Arroyo Seco NSWO Monitoring ........... 38 Table 2C. Costs for Legg Lake Monitoring ............................................... 39 Table 2C(i). Distribution of Costs for Legg Lake Monitoring .......................... 39 Table 3. Distribution of Costs for Implementing WMP-Related Tasks (including CASQA fees)........................................................................................................... 39 Table 3A. Costs for Implementing General WMP-Related Tasks ............ 40 Table 3B. Distribution of Costs for CASQA Membership Fees ............... 41 Table 4. SGVCOG Annual Contract Management Fees ...................................... 41

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Table 1. Distribution of Combined Annual Implementation Costs (CIMP/WMP/CASQA/SGVCOG fee) Agency Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26 Total (3 years)
LACFCD $ 83,732 $ 79,353 $ 95,016 $ 258,101
City of Los Angeles $ 943,982 $ 908,306 $ 1,084,118 $ 2,936,406 County of Los Angeles $ 232,381 $ 217,554 $ 257,621 $ 707,556 City of Alhambra $ 25,278 $ 24,472 $ 29,209 $ 78,958
City of Burbank $ 57,421 $ 55,590 $ 66,350 $ 179,361
City of Calabasas $ 20,731 $ 20,070 $ 23,954 $ 64,755
City of Glendale $ 101,385 $ 98,139 $ 117,135 $ 316,659 City of Hidden Hills $ 4,974 $ 4,815 $ 5,747 $ 15,536
City of La Canada Flintridge $ 34,193 $ 27,729 $ 33,097 $ 95,018 City of Montebello $ 27,721 $ 26,837 $ 32,032 $ 86,590
City of Monterey Park $ 25,626 $ 24,809 $ 29,610 $ 80,045 City of Pasadena $ 81,872 $ 74,179 $ 88,537 $ 244,588
City of Rosemead $ 17,135 $ 16,588 $ 19,799 $ 53,522
City of San Fernando $ 7,854 $ 7,604 $ 9,076 $ 24,534
City of San Gabriel $ 13,688 $ 13,252 $ 15,817 $ 42,756 City of San Marino $ 12,471 $ 12,073 $ 14,410 $ 38,953
City of South El Monte $ 21,094 $ 17,250 $ 18,998 $ 57,341 City of South Pasadena $ 12,064 $ 10,954 $ 13,074 $ 36,091 City of Temple City $ 13,334 $ 12,909 $ 15,408 $ 41,651 Total $ 1,736,933 $ 1,652,482 $ 1,969,007 $ 5,358,422

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Table 2. Distribution of Cost for Implementing Total ULAR CIMP Monitoring Services Agency Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26 Total (3 years)
LACFCD $ 66,082 $ 61,483 $ 62,518 $ 190,083
City of Los Angeles $ 711,254 $ 671,309 $ 682,542 $ 2,065,105 County of Los Angeles $ 179,686 $ 163,892 $ 166,695 $ 510,272 City of Alhambra $ 19,008 $ 18,087 $ 18,389 $ 55,483
City of Burbank $ 43,178 $ 41,085 $ 41,773 $ 126,036
City of Calabasas $ 15,588 $ 14,833 $ 15,081 $ 45,503
City of Glendale $ 76,240 $ 72,532 $ 73,746 $ 222,518
City of Hidden Hills $ 3,740 $ 3,559 $ 3,618 $ 10,917
City of La Canada Flintridge $ 27,088 $ 20,494 $ 20,837 $ 68,419 City of Montebello $ 20,845 $ 19,835 $ 20,167 $ 60,846
City of Monterey Park $ 19,269 $ 18,335 $ 18,642 $ 56,247 City of Pasadena $ 62,866 $ 54,824 $ 55,741 $ 173,431
City of Rosemead $ 12,884 $ 12,260 $ 12,465 $ 37,610
City of San Fernando $ 5,906 $ 5,620 $ 5,714 $ 17,240
City of San Gabriel $ 10,293 $ 9,794 $ 9,958 $ 30,044
City of San Marino $ 9,377 $ 8,923 $ 9,072 $ 27,372
City of South El Monte $ 19,047 $ 15,166 $ 15,466 $ 49,679 City of South Pasadena $ 9,258 $ 8,095 $ 8,231 $ 25,584 City of Temple City $ 10,027 $ 9,541 $ 9,700 $ 29,268
Total Estimated Cost of CIMP $ 1,321,633 $ 1,229,667 $ 1,250,357 $ 3,801,657 Note:

1. Total Monitoring Services cost = General CIMP + NSWO + Legg Lake

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Table 2A. Costs for General CIMP Monitoring Services
ULAR CIMP General Monitoring Component Fiscal Year 23-
24 Fiscal Year
24-25
Fiscal Year 25-
26 Labor (Receiving Water and Storm Water Outfall) $ 253,000 $ 230,000 $ 230,000 Laboratory Analysis (Receiving Water and Storm
Water Outfall) $ 263,051 $ 237,879 $ 240,157
Laboratory Data Handling Fee (15%) $ 39,458 $ 35,682 $ 36,024 Laboratory Analysis (TIE) $ 40,000 $ 40,000 $ 40,000
Contract Services $ 319,000 $ 305,000 $ 305,000
Equipment $ 136,325 $ 130,081 $ 122,601
Administrative Fee (5%) $ 52,542 $ 48,932 $ 48,689
Sub-Total $ 1,103,375 $ 1,027,574 $ 1,022,471
Contingency (15%) $ 165,506 $ 154,136 $ 153,371
Annual Escalation (2.5%) $ - $ 25,689 $ 51,763
Total $ 1,268,881 $ 1,207,400 $ 1,227,604

Table 2A(i). Distribution of Costs for General CIMP Monitoring Services Agency Land Area
(acres) % of Area Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total (3
years)
LACFCD (5%) -- -- $ 63,444 $ 60,370 $ 61,380 $ 185,194
City of Los Angeles 181,288.00 58.53% $ 705,492 $ 671,309 $ 682,542 $ 2,059,343 County of Los Angeles 41,048.07 13.25% $ 159,741 $ 152,001 $ 154,544 $ 466,286 City of Alhambra 4,884.31 1.58% $ 19,008 $ 18,087 $ 18,389 $ 55,483 City of Burbank 11,095.20 3.58% $ 43,178 $ 41,085 $ 41,773 $ 126,036 City of Calabasas 4,005.68 1.29% $ 15,588 $ 14,833 $ 15,081 $ 45,503 City of Glendale 19,587.50 6.32% $ 76,226 $ 72,532 $ 73,746 $ 222,504 City of Hidden Hills 961.03 0.31% $ 3,740 $ 3,559 $ 3,618 $ 10,917 City of La Canada
Flintridge 5,534.46 1.79% $ 21,538 $ 20,494 $ 20,837 $ 62,869 City of Montebello 5,356.38 1.73% $ 20,845 $ 19,835 $ 20,167 $ 60,846 City of Monterey Park 4,951.51 1.60% $ 19,269 $ 18,335 $ 18,642 $ 56,247 City of Pasadena 14,805.30 4.78% $ 57,616 $ 54,824 $ 55,741 $ 168,181 City of Rosemead 3,310.87 1.07% $ 12,884 $ 12,260 $ 12,465 $ 37,610 City of San Fernando 1,517.64 0.49% $ 5,906 $ 5,620 $ 5,714 $ 17,240 City of San Gabriel 2,644.87 0.85% $ 10,293 $ 9,794 $ 9,958 $ 30,044 City of San Marino 2,409.64 0.78% $ 9,377 $ 8,923 $ 9,072 $ 27,372 City of South El Monte 1,594.16 0.51% $ 6,204 $ 5,903 $ 6,002 $ 18,109 City of South Pasadena 2,186.20 0.71% $ 8,508 $ 8,095 $ 8,231 $ 24,834

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City of Temple City 2,576.50 0.83% $ 10,027 $ 9,541 $ 9,700 $ 29,268 Total 309,757.32 100.00% $ 1,268,881 $ 1,207,400 $ 1,227,604 $ 3,703,886 Note:

1. LACFCD is responsible for 5% of the Total Cost, which is subtracted before distri buting the cost among the other agencies.

Table 2B. Costs for Arroyo Seco NSWO Monitoring
CIMP Component
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Non-Stormwater Outfall Monitoring
Arroyo Seco (3 Screening Events) $ 16,470
Laboratory Data Handling Fee (15%)
Flat Rate: 15% of Total Monitoring costs $ 2,470
Administrative Fee (5%)
Flat Rate: 5% of Total NSWO Monitoring
Cost $ 947
Monitoring Cost Sub-Total $ 19,887
Additional Costs
Contingency (15%) $ 1,989
Annual Escalation (2.5%) $ -
Arroyo Seco (Total) $ 21,876

Table 2B(i). Distribution of Costs for Arroyo Seco NSWO Monitoring Agency
Land
Area
(acres)
% of Area Fiscal Year
23-24
Fiscal
Year 24-25
Fiscal
Year 25-26
Total (3
years)
LACFCD (5%) -- -- $ 1,094 $ - $ - $ 1,094
City of Los Angeles 3936.66 27.73% $ 5,762 $ - $ - $ 5,762 County of Los
Angeles 2361.13 16.63% $ 3,456 $ - $ - $ 3,456
City of Glendale 9.39 0.07% $ 14 $ - $ - $ 14
City of La Canada
Flintridge 3791.77 26.71% $ 5,550 $ - $ - $ 5,550
City of Pasadena 3586.72 25.26% $ 5,250 $ - $ - $ 5,250 City of South
Pasadena 512.25 3.61% $ 750 $ - $ - $ 750
Arroyo Seco (Total) 14,197.93 100.00% $ 21,876 $ 21,876 Note:

1. LACFCD is responsible for 5% of the Total Cost, which is subtracted before distributing the cost among the other agencies.

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Table 2C. Costs for Legg Lake Monitoring
CIMP Component
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Legg lake $ 22,235 $ 15,694 $ 15,694
Laboratory Data Handling Fee (15%) $ 3,335 $ 2,354 $ 2,354 Administrative Fee (5%) $ 1,279 $ 902 $ 902
Monitoring Cost Sub-Total $ 26,849 $ 18,950 $ 18,950
Additional Costs
Contingency (15%) $ 4,027 $ 2,843 $ 2,843
Annual Escalation (2.5%) $ - $ 474 $ 959
Legg Lake (Total) $ 30,876 $ 22,267 $ 22,752

Table 2C(i). Distribution of Costs for Legg Lake Monitoring Agency
Land Area
(acres)
% of
Area
Fiscal
Year 23-
24 Fiscal
Year 24-25
Fiscal
Year 25-26
Total (3
years)
LACFCD (5%) -- -- $ 1,544 $ 1,113 $ 1,138 $ 3,795
County of Los Angeles 2,044.68 56.21% $ 16,489 $ 11,891 $ 12,150 $ 40,530 South El Monte 1,592.68 43.79% $ 12,844 $ 9,262 $ 9,464 $ 31,570 Legg Lake (Total) 3,637.35 100.00% $ 30,876 $ 22,267 $ 22,752 $ 75,895 Note:

1. Legg Lake now has a fish tissue monitoring requirement at a frequency of once every three years.

2. LACFCD is responsible for 5% of the Total Cost, which is subtracted before distributing the cost among t he other agencies.

Table 3. Distribution of Costs for Implementing WMP-Related Tasks (including CASQA fees) ULAR WMP Cost Distribution + CASQA
Agency
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total (3
years)
LACFCD $ 12,650 $ 12,870 $ 27,498 $ 53,018
City of Los Angeles $ 177,128 $ 181,398 $ 345,977 $ 704,503 County of Los Angeles $ 40,106 $ 41,073 $ 78,338 $ 159,517 City of Alhambra $ 4,772 $ 4,887 $ 9,321 $ 18,981
City of Burbank $ 10,841 $ 11,102 $ 21,174 $ 43,117
City of Calabasas $ 3,914 $ 4,008 $ 7,645 $ 15,566
City of Glendale $ 19,138 $ 19,599 $ 37,382 $ 76,119
City of Hidden Hills $ 939 $ 962 $ 1,834 $ 3,735
City of La Canada Flintridge $ 5,407 $ 5,538 $ 10,562 $ 21,507 City of Montebello $ 5,233 $ 5,360 $ 10,222 $ 20,815
City of Monterey Park $ 4,838 $ 4,955 $ 9,450 $ 19,242

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City of Pasadena $ 14,466 $ 14,814 $ 28,255 $ 57,535
City of Rosemead $ 3,235 $ 3,313 $ 6,319 $ 12,866
City of San Fernando $ 1,483 $ 1,519 $ 2,896 $ 5,898
City of San Gabriel $ 2,584 $ 2,646 $ 5,048 $ 10,278
City of San Marino $ 2,354 $ 2,411 $ 4,599 $ 9,364
City of South El Monte $ 1,558 $ 1,595 $ 3,042 $ 6,195
City of South Pasadena $ 2,136 $ 2,188 $ 4,172 $ 8,496
City of Temple City $ 2,517 $ 2,578 $ 4,917 $ 10,013
Total Estimated Cost of WMP $ 315,300 $ 322,815 $ 618,651 $ 1,256,766 Note:

1. Total cost = General WMP + CASQA Fees.

Table 3A. Costs for Implementing General WMP-Related Tasks WMP Component Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total (3
years)
Semi-Annual Progress Report (June) $ 50,000 $ 50,000 $ 50,000 $ 150,000 Annual Reporting Package
(December) $ 100,000 $ 100,000 $ 100,000 $ 300,000
WMP Revisions/RAA/Adaptive
Management $ - $ - $ 200,000 $ 200,000
Report of Waste Discharge (ROWD) $ - $ - $ 20,000 $ 20,000 Trash Monitoring and Reporting Plan
(TMRP) $ 50,000 $ 50,000 $ 50,000 $ 150,000
Program Management (10%) $ 20,000 $ 20,000 $ 42,000 $ 82,000 Sub-Total $ 220,000 $ 220,000 $ 462,000 $ 902,000
Contingency (15%) $ 33,000 $ 33,000 $ 69,300 $ 135,300
Annual Escalation (2% per year) $ - $ 4,400.00 $ 18,664.80 $ 23,065 WMP Program Management Cost
(Total)
$ 253,000 $ 257,400 $ 549,965 $ 1,060,365
Note:

1. Annual Report package includes semiannual progress report.

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Table 3B. Distribution of Costs for CASQA Membership Fees Agency Land Area
(acres)
% of
Area
Fiscal
Year
23-24
Fiscal
Year
24-25
Fiscal
Year
25-26
Total (3
years)
City of Los Angeles 181,288.00 58.53% $ 36,462 $ 38,285 $ 40,199 $ 114,945 County of Los Angeles 41,048.07 13.25% $ 8,256 $ 8,669 $ 9,102 $ 26,026 City of Alhambra 4,884.31 1.58% $ 982 $ 1,031 $ 1,083 $ 3,097 City of Burbank 11,095.20 3.58% $ 2,232 $ 2,343 $ 2,460 $ 7,035 City of Calabasas 4,005.68 1.29% $ 806 $ 846 $ 888 $ 2,540 City of Glendale 19,587.50 6.32% $ 3,940 $ 4,137 $ 4,343 $ 12,419 City of Hidden Hills 961.03 0.31% $ 193 $ 203 $ 213 $ 609 City of La Canada Flintridge 5,534.46 1.79% $ 1,113 $ 1,169 $ 1,227 $ 3,509 City of Montebello 5,356.38 1.73% $ 1,077 $ 1,131 $ 1,188 $ 3,396 City of Monterey Park 4,951.51 1.60% $ 996 $ 1,046 $ 1,098 $ 3,139 City of Pasadena 14,805.30 4.78% $ 2,978 $ 3,127 $ 3,283 $ 9,387 City of Rosemead 3,310.87 1.07% $ 666 $ 699 $ 734 $ 2,099 City of San Fernando 1,517.64 0.49% $ 305 $ 320 $ 337 $ 962 City of San Gabriel 2,644.87 0.85% $ 532 $ 559 $ 586 $ 1,677 City of San Marino 2,409.64 0.78% $ 485 $ 509 $ 534 $ 1,528 City of South El Monte 1,594.16 0.51% $ 321 $ 337 $ 353 $ 1,011 City of South Pasadena 2,186.20 0.71% $ 440 $ 462 $ 485 $ 1,386 City of Temple City 2,576.50 0.83% $ 518 $ 544 $ 571 $ 1,634 Total 309,757.32 100.00% $ 62,300 $ 65,415 $ 68,686 $ 196,401 Note:

1. LACFCD will retain its own CASQA membership.

2. Assumes 5% escalation per year for CASQA fees.

Table 4. SGVCOG Annual Contract Management Fees
Land Area
(acres) % of Area Fiscal Year
23-24
Fiscal
Year
24-25
Fiscal
Year
25-26
Total (3
years)
LACFCD (5%) -- -- $ 5,000 $ 5,000 $ 5,000 $ 15,000
City of Los Angeles 181,288.00 58.53% $ 55,600 $ 55,600 $ 55,600 $ 166,799 County of Los Angeles 41,048.07 13.25% $ 12,589 $ 12,589 $ 12,589 $ 37,767 City of Alhambra 4,884.31 1.58% $ 1,498 $ 1,498 $ 1,498 $ 4,494 City of Burbank 11,095.20 3.58% $ 3,403 $ 3,403 $ 3,403 $ 10,208 City of Calabasas 4,005.68 1.29% $ 1,229 $ 1,229 $ 1,229 $ 3,686 City of Glendale 19,587.50 6.32% $ 6,007 $ 6,007 $ 6,007 $ 18,022 City of Hidden Hills 961.03 0.31% $ 295 $ 295 $ 295 $ 884 City of La Canada
Flintridge 5,534.46 1.79% $ 1,697 $ 1,697 $ 1,697 $ 5,092

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City of Montebello 5,356.38 1.73% $ 1,643 $ 1,643 $ 1,643 $ 4,928 City of Monterey Park 4,951.51 1.60% $ 1,519 $ 1,519 $ 1,519 $ 4,556 City of Pasadena 14,805.30 4.78% $ 4,541 $ 4,541 $ 4,541 $ 13,622 City of Rosemead 3,310.87 1.07% $ 1,015 $ 1,015 $ 1,015 $ 3,046 City of San Fernando 1,517.64 0.49% $ 465 $ 465 $ 465 $ 1,396 City of San Gabriel 2,644.87 0.85% $ 811 $ 811 $ 811 $ 2,433 City of San Marino 2,409.64 0.78% $ 739 $ 739 $ 739 $ 2,217 City of South El Monte 1,594.16 0.51% $ 489 $ 489 $ 489 $ 1,467 City of South Pasadena 2,186.20 0.71% $ 670 $ 670 $ 670 $ 2,011 City of Temple City 2,576.50 0.83% $ 790 $ 790 $ 790 $ 2,371 Total 309,757.32 100.00% $ 100,000 $ 100,000 $ 100,000 $ 300,000 Note:

1. SGVCOG fee is $100,000 per year and covers both Monitoring Services and WMP-related tasks.

2. LACFCD is responsible for 5% of the Total Cost, which is subtracted before distributing the cost among the other agencies.

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EXHIBIT C

Upper Los Angeles River Watershed Management Area CIMP Responsible Agencies Representatives

Agency Address Agency Contact
City of Los Angeles
Department of Public Works
Bureau of Sanitation, Watershed Protection Division
1149 S. Broadway
Los Angeles, CA 90015
Alfredo Magallanes
E-mail: [email protected]
Phone: (213) 485-3958

County of Los Angeles
Department of Public Works
Stormwater Quality Division, Building A-9 East, 1st Floor 1000 South Fremont Avenue
Alhambra, CA 91803
Mark Lombos
E-mail: [email protected]
Phone: (626) 300-4665

Los Angeles County Flood Control District
Department of Public Works
Stormwater Quality Division, Building A-9 East, 1st Floor 1000 South Fremont Avenue
Alhambra, CA 91803
Jalaine Verdiner
E-mail: [email protected]
Phone: (626) 300-4666

City of Alhambra
111 South First Street
Alhambra, CA 91801-3796
David Dolphin
E-mail: [email protected]
Phone: (626) 300-1571
City of Burbank
P.O. Box 6459
Burbank, CA 91510
Stephen Walker
E-mail: [email protected]
Phone: (818) 238-3804
City of Calabasas
100 Civic Center Way
Calabasas, CA 91302-3172
Tatiana Holden
E-mail: [email protected]
Phone: (818) 224-1600

City of Glendale
Engineering Section, 633 East Broadway, Room 209
Glendale, CA 91206-4308
Maurice Oillataguerre
E-mail: [email protected]
Phone: (818) 550-4511
City of Hidden Hills
6165 Spring Valley Road
Hidden Hills, CA 91302
Joe Bellomo
E-mail: [email protected]
Phone: (805) 279-6856
City of La Canada Flintridge 1327
Foothill Blvd.

La Canada Flintridge, CA 91011-2137
Patrick DeChellis
E-mail: [email protected]
Phone: (818) 790-8882

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EXHIBIT C

Upper Los Angeles River Watershed Management Group
Responsible Agencies Representatives

City of Montebello
1600 W Beverly Blvd
Montebello, CA 90640
James A. Enriquez
E-mail: [email protected]
Phone: 323-887-1200

Rita Montalvo
E-mail: [email protected]
Phone: 323-887-1200 Ext 469
City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754-2896
Xochitl Tipan
E-mail: [email protected]
Phone: (626) 307-1383
City of Pasadena
100 N Garfield Ave
3rd Floor, N306
Pasadena, CA 91101-1726

Dawn Petschauer
E-mail: [email protected]
Phone: (626) 744-3929

City of Rosemead
8838 East Valley Blvd.

Rosemead, CA 91770-1787

Michael Chung
E-mail: [email protected]
Phone: (626) 569-2158

Eddie Chan
E-mail: [email protected]
Phone: (626) 569-2154
City of San Fernando
117 Macneil Street
San Fernando, CA 91340
Kenneth Jones
Email: [email protected]
Phone: (818) 898-1240
City of San Gabriel
425 South Mission Avenue
San Gabriel, CA 91775

Greg De Vinck
E-mail: [email protected]
Phone: (626) 308 - 2825

Capucine Hernandez
E-mail: [email protected]
Phone: (626) 308-2825
City of San Marino
2200 Huntington Drive
San Marino, CA 91108-2691

Amber Shah
E-mail: [email protected]
Phone: (626) 300 - 0787
City of South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733

Rene Salas
E-mail: [email protected]
Phone: (626) 579-6540
Fax: (626) 579-2409
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91020-3298

Ted Gerber
E-mail: [email protected]
Phone: (626) 403-7240

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City of Temple City
9701 Las Tunas Drive
Temple City, CA 9178
Andrew Coyne
E-mail: [email protected]
Phone: (626) 285-2171 Ext. 4344
San Gabriel Valley Council of
Governments
1333 Mayflower Avenue, Suite 360
Monrovia, CA 91016
Marisa Creter
Email: [email protected]
Phone: (626) 457-1800

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EXHIBIT D
Upper Los Angeles River Watershed

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EXHIBIT E

Reconciliation Template

[the line items shown in this Exhibit are placeholders and are subject to change]

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ITEM # 8

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Acting City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: APPROVE AGREEMENT NO. 4123 WITH JOHNSON CONTROLS, INC.

FOR CITYWIDE HVAC MAINTENANCE AND REPAIR SERVICES

DATE: August 9, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Award Professional Service Agreement No. 4123 (Attachment A) to Johnson Controls, Inc. in an amount not-to-exceed $320,000 over two (2) years; and

2. Authorize the City Manager to execute the Professional Service Agreement, on behalf of the City; and

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

FISCAL IMPACT:

The total amount of the contract is not-to-exceed $320,000 over the next two (2) fiscal years. The contract will be divided into two (2) consecutive one-year periods. The contract will be charged to the following account numbers; 1) $128,582 in Account No. 100- 30-510-6040.60 (General Fund, Public Works, Government Building Maintenance, Contract Services Building Maintenance/Repairs); 2) $23,781 in Account No. 600-90-915- 6040.60 (Transit, Transportation, Corporate Shops, Contract Services Building Maintenance/Repairs); and 3) $7,637 in Account No. 610-99-6040.60 (Golf, Non- Departmental, Contract Services Building Maintenance/Repairs). These amounts were included in the adopted Budget for Fiscal Year 2023-24 and no budget amendment is necessary at this time.

BACKGROUND/DISCUSSION:

HVAC maintenance and repairs are critical to keeping City facilities comfortable and in

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good and safe working condition for employees and patrons. Many of the HVAC systems at various City facilities are well passed their expected service life and have required significant repairs throughout the current Fiscal Year. Johnson Controls, Inc.’s local office is based out of Cypress, California, and has provided HVAC maintenance and repair services to government entities for over 30+ years.

Johnson Controls, Inc. has offered the City of Montebello the same services and rates as their existing services contract with Sourcewell (a State of Minnesota purchase cooperative that is available for use by local governments). The existing contract between Johnson Controls, Inc. and Sourcewell (Contract No. 070121-JHN) was executed on October 14, 2021, in response to Sourcewell Solicitation Number: RFP #070121. The contract between Johnson Controls, Inc. and Sourcewell was solicited on an open- competitive basis in accordance with applicable Federal, State and County requirements.

The Request for Proposal (RFP) was properly noticed by Sourcewell beginning on May 13, 2021. Proposals were subsequently received and evaluated according to RFP criteria by an evaluation committee. The contract was awarded to Carrier Global Corp., FAMD, Inc., Honeywell International, Inc., Johnson Controls, Inc., Juice Technologies, Inc., and Siemens Industry, Inc., with Johnson Controls, Inc. being the highest-rated, lowest cost, apparent responsive, and responsible proposer.

JCI provided Estimate No. PSA 1-1LBQ5399 to provide routine maintenance at a cost of $83,840 for the first year and $88,029 for the second year. The total cost for routine maintenance is $171,896. An additional allowance of $148,131 ($74,066 per year) is also recommended to pay for equipment replacements that are beyond the scope of routine maintenance. The equipment replacements will be billed at the rates and prices stipulated in the Sourcewell contract. The total not-to-exceed amount of the recommended agreement is $320,000 for the two years.

The City adopted Municipal Code 3.20.125 Piggybacking purchasing agreements, which authorizes the city to “piggyback” onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency. As stated above, Sourcewell’s procurement process for Johnson Controls, Inc. was done through a competitive RFP process and in compliance with its local rules. Through its 30+ years of experience and the Sourcewell bidding and evaluation procedure, Johnson Controls, Inc. has demonstrated competence and the professional qualifications necessary for the satisfactory performance of providing HVAC maintenance and repair services. Thus, it is recommended that the City Council award this professional services agreement in accordance with the Montebello Municipal Code.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

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SUMMARY:

Staff recommends that the City Council award a Professional Services Agreement to Johnson Controls, Inc. Upon approval of the recommended contractor, staff will execute the Professional Service Agreement with Johnson Controls, Inc. for citywide HVAC Maintenance and Repair Services.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4123 - Johnson Controls, Inc.

NEXT STEPS:

N/A

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CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4123
WITH JOHNSON CONTROLS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and e
ntered into on August 10, 2023 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and JOHNSON CONTROLS, INC (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 HVAC maintenance and repair services in the CITY; and WHEREAS, the CONSULTANT currently has a contract with Sourcewell (a State of Minnesota local government unit) for HVAC systems and related services (Contract No. 070121-JHN); and
WHEREAS, the CONSULTANT was awarded this contract through an open, competitive process (Sourcewell RFP No. 070121); and
WHEREAS, the CONSULTANT grants the City authorization to make purchase using the same terms and conditions as those listed in the Sourcewell contract.

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 any and all addenda or supplemental agreements.

2. Johnson Controls Estimate PSA 1-1LBQ5399

3. Sourcewell Contract No. 070121-JHN

4. Proposal referenced and Best Final Offer received by the successful proposer.

5. 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.

ATTACHMENT A

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a. The CONSULTANT
shall provide to the CITY all labor, equipment, mat erials and incidental necessary to provide HVAC maintenanc e and repair services, as set forth fully in the Sourcewell Request for Proposals No. 070121 (Exhibit “A”), hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

b. All terms, conditions, requirements, and provisi ons of Sourcewell Contract No. 070121-JHN (Exhibit “B”) dated October 14, 2021, are hereby incorporated ful ly herein by this reference and shall be binding on th e Parties. To the extent of a conflict between the terms of this Agreement and that set fo rth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

c. The CONSULTANT shall be compensated for performa nce of the Professional Services as set forth in the Schedule of Compensati on attached hereto as Exhibit “C” 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 sh all not 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 two (2) years from the Effective Date, unless terminated earlier as hereinafter provided.

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

SECTION 4. PERFORMANCE.

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

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

c. The CONSULTANT shall be knowledgeable of and sub ject to all CITY ordinances, rules and regulations, standard operati ng procedures, and the supervisory chain of command.

d. The CONSULTANT shall have the right to retain, s ubject to the CITY's approval, additional individuals, consultants or su bconsultants to assist in the completion of services as herein defined. Compensat ion for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.

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

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SECTION 5. WORK PRODUCT.

a. The CONSULTANT hereby agrees that all work produ ct 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 o wnership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written pr oducts shall be the subject of a copyright application by the CONSULTANT.

b. All data, documents, discussion, or other inform ation developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONS ULTANT without prior written consent by the CITY. The CITY shall grant such con sent if disclosure is legally required. All such written products shall be retur ned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agr ees 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 s hall be rendered by the CONSULTANT under this Agreement unless such extra s ervices 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 su pervision of all work performed by the CONSULTANT and shall be the CITY’s agent with r espect 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 refu ses to perform any of the provisions of this Agreement at the time and in the manner requir ed, the non-defaulting party shall give the defaulting party written notice of the def ault, 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-def aulting 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 withi n ten (10) days after the serving of such notice, such violation shall cease or be recti fied, 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 contra ct or otherwise for the account and at the expense of the CONSULTANT. The CONSULTA NT and his sureties shall be liable to the CITY for any excess cost occasione d 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 thi s contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory perfor med on or before the effective date of termination.

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b. Termination for Convenience. The CITY shall hav e the option, at its sole discretion and without cause, to terminate this Agr eement in whole, or in part, by giving ten (30) business days’ written notice to th e CONSULTANT. Upon the termination of this Agreement as provided herein, t he CITY shall provide to the CONSULTANT the part of Compensation which would oth erwise be payable to the CONSULTANT for services the CONSULTANT had complete d as of the date of termination, less the amount of all previous paymen t with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its s ervices under this Agreement, provided that: (1) such “non- refundable” costs wer e incurred by the CONSULTANT prior to the date of termination, and (2) that th e CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred th e 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 CON SULTANT for its performance of services under this Agreement. The CONSULTANT agree s 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 b y the CONSULTANT during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMP LOYEES.

No official or employee of the CITY shall be person ally 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, remai n as to the CITY a wholly independent consultant. Neither the CITY nor any o f its elected officials, officers, employees, or agents shall have control over the co nduct of the CONSULTANT except as expressly set forth in this Agreement. T he CONSULTANT shall not at any time or in any manner represent that he or she is i n any manner an elected official, officer, employee, or agent of the CITY. No employ ee benefits shall be available to the CONSULTANT in connection with the performance o f 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 compensatio n to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsu ltants for injury or sickness arising out of performing services hereunder.

b. The parties further acknowledge and agree that n othing in this Agreement shall create or be construed to create a partnershi p, 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 char ge or withholding on the compensation paid to the CONSULTANT. The CITY shal l have no responsibility to

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provide the CONSULTANT, its employees or subconsult ants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY IND EMNITY.

a. If the CONSULTANT is a California Public Employe es’ 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 rema ins in place, the CONSULTANT shall execute any amendment(s) to this A greement requested by the City in order to comply with all laws and regulatio ns applicable to CalPERS annuitants.

b. In the event that the CONSULTANT or any employee , agent, or subconsultant of the CONSULTANT providing services under this Agr eement 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, t he CONSULTANT shall indemnify, defend, and hold harmless the CITY for t he payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as wel l 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 feder al policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and an y of its employees, agents, and subconsultants providing service under this Agr eement shall not qualify for or become entitled to, and hereby agree to waive any c laims to, any compensation, benefit, or any incident of employment by th e 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 co ntribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONSULTANT shall at all times observe and compl y with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Munici pal 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, indemni fy, protect and hold harmless, the CITY, its elected and appointed board s, 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 th e 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 deat hs 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 liab ility arising out of the sole negligence of the CITY.

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SECTION 15. INSURANCE COVERAGE.

a. During the term of this Agreement, the CONSULTAN T 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 i nsurance 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 opera tions, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if C ONSULTANT 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 L iability 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 t he 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 subconsu ltants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

d. The policy or policies required by this Agreemen t shall be issued by an insurer admitted in the State of California and with a curr ent 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 non-payment) has been given to the CITY. The CONSU LTANT 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 evi dencing 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 fifte en (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

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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 certificat es of insurance showing that the aforesaid policies are in effect in the required am ounts 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 C ITY, its officers, employees, agents and volunteers as additional insureds. All o f the policies required under this Agreement shall contain an endorsement providing th at the policies cannot be canceled or reduced except on thirty days’ prior wr itten 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 delet e the word “endeavor” with regard to any notice provisions.

j. The insurance provided by the CONSULTANT shall b e primary to any coverage available to the CITY. Any insurance or se lf-insurance maintained by the CITY, its officers, employees, agents, or volunteer s, 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. T he 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 CONSUL TANT shall either reduce or eliminate the deductibles or self-insured retention s with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and 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.

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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 p roposed sub-consultant, delegee, or assignee, and an explanation of why and how the sam e 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 th e CITY and shall not release the CONSULTANT from any obligations under this Agre ement including, but not limited to, the duty to properly supervise and coor dinate the work of employees, assignees, delegees or sub-consultants. No such su bcontract, delegation or assignment shall result in any increase in the amou nt of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition o r 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 applicatio n 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 disput e, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonabl e 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 ven ue for any litigation shall be County of Los Angeles, California. The Parties agr ee 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:

a. It has received independent legal advice from it s attorneys with respect to the advisability of entering into and executing this Agreement;

b. In executing this Agreement, it has carefully re ad this Agreement, knows the contents thereof, and has relied solely on the stat ements expressly set forth herein and has placed no reliance whatsoever on any statem ent, 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

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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 Agree ment on behalf of either party has the full right and authority to fully commit an d bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agree ment 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, th e singular shall include the plural, the male gender shall include the female ge nder, and the neuter and vice versa.

c. In case any one or more of the provisions contai ned in this Agreement shall for any reason be held to be invalid, illegal, or unenf orceable in any respect, such invalidity, illegality, or unenforceability shall n ot affect any other provision hereof and this Agreement shall be construed as if such invali d, illegal, or unenforceable provisions had never been contained herein.

d. The representations and warranties made by the p arties 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 Agreem ent. Any signed copy of this Agreement or of any other document or agreement ref erred to herein, or copy or counterpart thereof, delivered by facsimile transmi ssion, shall for all purposes be treated as if it were delivered containing an origi nal 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 h as 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 per form under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed s erved when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the Unite d States mail, postage prepaid, registered or certified, addressed as hereinafter p rovided. 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

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PROFESSIONAL SERVICES AGREEMENT NO. 4123

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1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: asalazar @montebelloca .gov

With a copy to: City of Montebello – Public Works
Attn: James Enriquez
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 -1200 ext. 462
Email: [email protected]

If to Consultant: Johnson Controls, Inc.

Attn: Brian E. Tansey
5770 Warland Dr. STE A
Cypress, CA 90630
(866) 819-0230
Email : [email protected]

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 t ime the party sending Electronic Notice receives verification of receipt by the rece iving 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 OPPORTUNIT Y EMPLOYER.

In the performance of this Agreement, the CONSULT ANT 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 sexua l orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national orig in, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no i nterest 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 conflict in any manner with the performance of its services hereund er. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTA NT shall avoid the appearance of having any interest that would conflict in any m anner 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 ser vices 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 CONSULT ANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

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SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding be tween the CITY and the CONSULTANT. Any prior agreements, promises, negotia tions or representations not expressly set forth herein are of no force or effec t. 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 ]

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PROFESSIONAL SERVICES AGREEMENT NO. 4123

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IN WITNESS WHEREOF, the parties, through their resp ective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONSULTANT”)
CIT Y OF MON TEBELLO JOHNSON CONTROLS, IN C.

Arlene Salazar , Assistant City Manager Brian E. Tansey, Area Ser vice Manager

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez -Glasman, City Attorney

EXHIBITS:
• Exhibit A – Sourcewell RFP No. 070121
• Exhibit B – Sourcewell (Contract No. 070121-JHN)
• Exhibit C – Johnson Controls Estimate PSA 1-1LBQ53 99

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EXHIBIT “A”

Sourcewell RFP No. 070121

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RFP #070121

REQUEST FOR PROPOSALS
for
HVAC Systems and Related Services

Proposal Due Date: July 1, 2021, 4:30 p.m., Central Time

Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for HVAC Systems and Related Services to result in a contracting solution for use by its Participating Entities . Sourcewell Participating Entities include thousands of governmental, higher education, K -12 education, no nprofit, tri bal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [ https://proportal.sourcewell-mn.gov ]. Only proposals
submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than July 1, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.

Solicitation Schedule

Public Notice of RFP Published: May 13, 2021
Pre-proposal Conference: June 3, 2021, 10:00 a.m., Central Time Question Submission Deadline: June 24, 2021, 4:30 p.m., Central Time Proposal Due Date: July 1, 2021, 4:30 p.m., Central Time Late responses will not be considered.

Opening: July 1, 2021, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”

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I. ABOUT SOURCEWELL

A. SOURCEWELL

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS

In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest;

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• Members of the Rural Municipalities of Alberta (RMA) and their represented Associations: MASH (municipalities, academic institutions, schools and hospitals) and MUSH (municipalities, universities, schools and hospitals) sectors, and other governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH sector refers to regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities, as well as any corporation or entity owned or controlled by one or more of the preceding entities, including but not limited to represented associations, Saskatchewan Association of Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities (“NSFM”), Federation of Prince Edward Island Municipalities (“FPEIM”), Municipalities Newfoundland Labrador (“MNL”), Union of New Brunswick Municipalities (“UNBM”), North West Territories Association of Communities ("NWTAC") and their members.

RMA Participants may include all not-for-profit agencies for Canadian provinces and territories.

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator.

Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In the United States each state-level procurement department receives notice for possible re-posting.

Proof of publication will be available at the conclusion of the solicitation process.

II. SOLICITATION DETAILS

A. SOLUTIONS-BASED SOLICITATION

This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.

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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES

It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for HVAC Systems and Related Services, including all types of heating, ventilation, air conditioning, indoor air quality, and water heating or treatment solutions, such as:

a. HVAC, IAQ, and water heating or treatment infrastructure, equipment, components, products, parts, and related technology;
b. Sensors, controls, thermostats, gauges, and system automation or management products and technology; and,
c. Services related to the offering of the solutions described in Sections 1. a. and b. above, including installation, maintenance, repair, refurbishment, replacement, system upgrades, emergency or short-term HVAC equipment rental, assessment, integration, training, support, and customization.

2. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:

a. Commercial Kitchen Equipment, with Related Supplies and Services (RFP #091918); b. Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services (RFP #121218); c. Ice Rink and Arena Equipment with Related Supplies and Services (RFP #120320); d. Facility Assessment and Planning with Related Services (RFP #020421); e. Facility Security Systems, Equipment, and Software with Related Services (RFP #030421); and,
f. Facilities Maintenance Services (RFP #062421).

Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.

Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all

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included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS

It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

D. ANTICIPATED CONTRACT TERM

Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one year extension that may be offered based on the best interests of Sourcewell and its Participating Entities.

E. ESTIMATED CONTRACT VALUE AND USAGE

Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $100 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

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F. MARKETING PLAN

Proposer’s sales force will be the primary source of communication with Participating Entities.

The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.

3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

4. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

III. PRICING
A. REQUIREMENTS

All proposed pricing must be:

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.

2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity . However, it is permissible for suppliers to sell at a price that is lower than the contracted price.

3. Stated in U.S. and Canadian dollars (as applicable).

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4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).

Proposers should clearly identify an y costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, p roposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.

B. ADMINISTRATIVE FEES

Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT

Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.

To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.

Exceptions must:

1. Clearly identify the affected article and section.

2. Clearly note the requested modification; and as applicable, provide requested alternative language.

Unclear requests will be automatically denied.

Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.

If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

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V. RFP PROCESS

A. PRE-PROPOSAL CONFERENCE

Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Supplier Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION

All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.

C. ADDENDA

Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:

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i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION

Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected] .

To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Supplier Account and register for this solicitation opportunity.

Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.

E. GENERAL PROPOSAL REQUIREMENTS

Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.

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Any and all costs incurred in responding to this RFP will be borne by the proposer.

F. PROPOSAL WITHDRAWAL

Prior to the proposal deadline, a proposer may withdraw its proposal.

G. OPENING

The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.

VI. EVALUATION AND AWARD

A. EVALUATION

It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use.
o A proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. • Total evaluation scores.
• The attributes of proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals.

Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.

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B. AWARD(S)

Award(s) will be made to the proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000

C. PROTESTS OF AWARDS

Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained

A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).

Protests that do not address these elements will not be reviewed.

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D. RIGHTS RESERVED

This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.

Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating Entities.

E. DISPOSITION OF PROPOSALS

All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.

Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition.

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5/17/2021

Addendum No. 1
Solicitation Number: RFP 070121
Solicitation Name: HVAC Systems and Related Services

Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

In reference to RFP Section II. B. 1. – Requested Equipment, Products, or Services, it appears that some items within the requested equipment and products are also available under the contracts maintained by Sourcewell under Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services (RFP #121218). Please explain the apparent contradiction with RFP Section II. B. 2.

Answer 1:

Each Sourcewell solicitation is separate and distinct from any previous solicitation.

Sourcewell has determined that the availability of an incidental offering of HVAC supplies under contracts awarded as a result of RFP #121218 is not in conflict with RFP Section II. B. 1. – Requested Equipment, Products, and Services, in this RFP.

Question 2:

Is this RFP for all states and provinces or select states and provinces?

Answer 2:

Refer to RFP Section I. B. – Use of Resulting Contracts for additional detail on the participating entities that may access contracts awarded as a result of this RFP.

End of Addendum

Acknowledgement of this Addendum to RFP 070121 posted to the Sourcewell Procurement Portal on 5/17/2021, is required at the time of proposal submittal.

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5/18/2021
Addendum No. 2
Solicitation Number: RFP 070121
Solicitation Name: HVAC Systems and Related Services

Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

As a follow up to Answer 1 of Addendum 1, please describe, in detail, the process you will use to evaluate a proposer’s offering as it relates to the RFP requested equipment, products, and services?
Answer 1:

Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in RFP Section II. B. Those products within the scope of the RFP will be included in any contract awarded by Sourcewell as a result of this solicitation. Proposals are evaluated based on the criteria stated in the RFP.

End of Addendum
Acknowledgement of this Addendum to RFP 070121 posted to the Sourcewell Procurement Portal on 5/18/2021, is required at the time of proposal submittal.

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5/26/2021
Addendum No. 3
Solicitation Number: RFP 070121
Solicitation Name: HVAC Systems and Related Services

Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Can you please confirm the services being requested are for water treatment, service and maintenance for the HVAC systems?
Answer 1:

In the competitive process, Sourcewell will not pre-evaluate a proposer’s equipment, product, or services offering or advise a proposer on the content of the proposal. Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in RFP Section II. B. - Requested Equipment, Products or Services. However, only those products within the scope of the RFP will be included in any contract awarded by Sourcewell as a result of this solicitation.

End of Addendum
Acknowledgement of this Addendum to RFP 070121 posted to the Sourcewell Procurement Portal on 5/26/2021, is required at the time of proposal submittal.

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6/22/2021
Addendum No. 4
Solicitation Number: RFP 070121
Solicitation Name: HVAC Systems and Related Services

Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Many commercial HVAC systems are custom in nature. How do we compile a price list for systems that will require a fully integrated design? Answer 1:

In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine and propose the pricing approach that aligns with their business methods and satisfies all the requirements of RFP Article III - Pricing. Proposals are evaluated based on the criteria stated in the RFP.

End of Addendum
Acknowledgement of this Addendum to RFP 070121 posted to the Sourcewell Procurement Portal on 6/22/2021, is required at the time of proposal submittal.

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EXHIBIT “B”

Sourcewell Contract No. 070121-JHN

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070121-JHN

Rev. 3/2021 1

Solicitation Number: RFP #070121

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Johnson Controls, Inc., 5757 North Green Bay Avenue, Milwaukee, WI 53209 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for HVAC Systems and Related Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires August 12, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new andthe current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship for a period of one year for Equipment and Products and ninety days for Services. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Supplier will provide its standard proposal terms and conditions with specific scope for all task orders under this Contract. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be negotiateddirectly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

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The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the

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circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, to the extent resulting from negligence or willful misconduct in the performance of this Contract by the Supplier or its agents or employees for third-party injury or death to person(s) or property or caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Supplier will not be liable for indirect or consequential damages.

Vendor’s liability to Sourcewell arising out of this Contract, with the exception of Supplier’s indemnification obligations under this Section, shall not exceed amounts paid or payable under this Contract. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.

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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. Supplier shall have the right, at its option, to: i) make the Equipment or Products non-infringing, ii) replace the infringing Equipment or Products; or (iii) on return of the Equipment or Products by Sourcewell or the Participating Entity, Supplier will refund the amounts actually paid by Sourcewell or the Participating Entity for the infringing Equipment or Products, less depreciation over a three (3) year period. Liability for infringement under this Section excludes: (i) misuse or modification of the product by Sourcewell or the Participating Entity or its employees, agents or downstream customers, (ii) use of the product or work in combination with other materials, goods, products, or services for which the product was not intended to be used (as demonstrated by Supplier’s applicable product literature), (iii) failure of Sourcewell or the Participating Entity to implement any update provided by Supplier that would have prevented the claim, (iv) work that Supplier made to Sourcewell’s or the Participating Entity’s specifications or designs, (v) product that is not manufactured by Supplier, and (iv) claims with respect to third party hardware or software.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

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6. Digital & Intellectual Property. Use, implementation, and deployment of software and hosted software products proprietary to Supplier (“Software”) shall be subject to, and governed by, Supplier’s standard terms for such Software and Software related professional services in effect from time to time at https://www.johnsoncontrols.com/techterms (collectively, the “Software Terms”). Applicable Software Terms are incorporated herein by this reference. Other than the right to use the Software as set forth in the Software Terms, Supplier and its licensors reserve all right, title, and interest (including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Terms, the Software Terms shall take precedence and govern with respect to rights and responsibilities relating to the Software, its implementation and deployment and any improvements thereto. Supplier shall retain all right, title and interest in any (a) work provided to Sourcewell and any Participating Entities, including without limitation, all software source and object code, documentation, technical information or data, specifications and designs and any changes, improvements or modifications thereto (“Deliverables”), and (b) Know-How (defined below) employed by Supplier in the creation of the Deliverables or performance of the associated work, whether known to Supplier prior to, or developed or discovered or acquired in connection with, the performance of its obligations under this Contract. Ownership of all Deliverables and Know-How shall vest solely in Supplier and no Deliverables shall be deemed “works made for hire.” Without limiting the generality of the foregoing, ownership of all source files used in the course of performing all associated work shall remain the exclusive property of Supplier. For purposes of this Contract, “Know-How” means any know-how, processes, techniques, concepts, methodologies, tools, analytical approaches, database models and designs, discoveries, and ideas furnished, produced by, developed, or used by Supplier in the creation or provision of the Deliverables or in the performance of the Services, Products or Equipment, and any changes, improvements, or modifications thereto or derivatives thereof. Additional terms and conditions or other required transaction documentation related to Software Terms may be addressed directly between a Participating Entity and Supplier depending upon the Software or offering, including any applicable terms and conditions related to any Software subscriptions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

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D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

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1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

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3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or

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“work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Johnson Controls, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Jeremy L. Rainwater
Title: Chief Procurement Officer Title: VP & GM HVAC and Controls North America

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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Bid Number: RFP 070121 Vendor Name: Johnson Controls, Inc.

Page 270 of 399 ends

Montebello City CouncilAugust 9, 2023

Montebello City Council
August 9, 2023