Montebello City Council
June 26, 2024

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

ENVIRONMENTAL:

There is no environmental impact.

ANALYSIS:

On May 2, 2023, the DOT published a final rule in the Federal Register (88 FR 27596) amending the DOTs regulated industry drug testing program to include oral fluid testing (OFT). This final rule, effective June 1, 2023, expanded the transportation industry’s drug testing program to include oral fluid testing, which is a new testing method that offers employers a valuable alternative to address concerns about employees cheating on urine drug tests while maintaining safety standards. However, before employers can adopt oral fluid testing, the U.S. Department of Health and Human Services (HHS) must certify at least two laboratories for this purpose, a step that has yet to be completed.

Due to the introduction of OFT as an alternative test for prohibited drugs as well as changes in regulatory interpretations, the need exists to revise MBLs Drug and Alcohol Policy and train drug and alcohol program staff on how to communicate the options it has selected to the collection sites, the third-party administrator, HHS laboratory, and the Medical Review Officer. With significant changes expected over the next 18-24 months, it is crucial the City continue to engage LPM Consulting to help with the transition and ensure DOT-FTA compliance.

LPM Consulting has initiated the process of dissolution in preparation for full retirement of its President, Ms. Leila Procopio-Makuh within the next two years. Ms. Procopio- Makuh does not intend to renew or apply for long-term contracts that are scheduled to expire within the next 12 months or participate in any current or future Request For Quotes (RFQ) or Request for Proposals (RFP) processes. Given the familiarity and productive working relationship with the City, LPM Consulting has offered to extend the existing professional services for a 2-year term (see Attachment B). During this final 2- year term, LPM Consulting will assist the City fully transition MBLs Substance Abuse program in-house to ensure continued DOT-FTA compliance. Moreover, LPM Consulting will provide these services at the existing cost despite the costs of goods and services continuing to rise according to the most recent consumer price index data.

Through Amendment No. 5, staff recommend that the City Council consider extending Agreement No. 3733 with LPM Consulting to maintain a reliable and experienced partner, ensuring the continuity and effectiveness of transportation safety standards. These professional services will be procured through the procedures outlined in the Montebello Municipal Code (MMC) Section 3.20.050 (D), as authorized under California Government Code Section 54202; City Council Authorization, which states, “[w]hen the City Council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in every individual instance upon a finding by the City Council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same.” Given the unique circumstances described above, staff respectfully request City Council find that dispensing with the bidding requirements set

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

forth in the MMC is appropriate and promotes the welfare of the public.

SUMMARY:

Staff recommends the City Council consider approving Amendment No. 5 to Agreement No. 3733 (attached hereto in substantial form) with LPM Consulting for an additional 2- year term (see Attachment C), to provide the City with Consultant Services for Substance Abuse Program Monitoring and Oversight; authorize the City Manager to execute Amendment No. 5 on behalf of the City; and take such additional, related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A – Agreement No. 3733 with LPM Consulting Services rvices

2. Attachment B – LPM Consulting Inc. Letter of Intent

3. Attachment C – Amendment No. 5 to Agreement No. 3733

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

CITY OF MONTEBELLO
AMENDMENT NO. 5
TO AGREEMENT NO. 3733
WITH LPM CONSULTING, INC.

This Amendment No. 5 to Agreement No. 3733 (“Amendment No. 5”) is made and entered into as of the 26 th day of June 2024 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California (“City”), and LPM Consulting, Inc., a corporation duly organized and existing under the law of the State of California (“Consultant”). City and Consultant are sometimes hereinafter referred to collectively as the “Parties”.

RECITALS
WHEREAS, City and Consultant are Parties to that certain Agreement No. 3733 to provide Consulting Services for the Substance Abuse Program Monitoring and Oversight with an “Effective Date” of June 1, 2019 (“Agreement”), pursuant to which City contracted with Consultant to provide services as defined in the Agreement; and WHEREAS, Section 20 (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and WHEREAS, on or about July 1, 2020, the Parties executed a “First Amendment” exercising an option to extend the Agreement from July 1, 2020, to June 30, 2021, and included language authorizing three (3) additional one-year renewal options; and WHEREAS, on or about July 1, 2021, the Parties executed a “Second Amendment” exercising an option to extend the Agreement from July 1, 2021, to June 30, 2022, and add two (2) additional, one-year optional renewal terms; and WHEREAS, on or about July 1, 2022, the Parties executed “Amendment No. 3” exercising an option to extend the Agreement from July 1, 2022, to June 30, 2023; and WHEREAS, on or about July 1, 2023, the Parties executed “Amendment No. 4” exercising the final option to extend the Agreement from July 1, 2023, to June 30, 2024; and

AMENDMENT NO. 5 TO AGREEMENT NO. 3733

WHEREAS, any reference to a “First” or “Second” Amendment shall mean and have the same effect and as an “Amendment No.1”, “Amendment No. 2”, and so on; and
WHEREAS, the Parties each being mutually satisfied with the other’s performance thereof, desire to amend the Agreement once more to extend the consulting services by two (2) additional years beyond the initial five years contemplated in Amendments No. 1 through No. 4, on the same conditions set forth in the Agreement and as otherwise proved herein; and
WHEREAS, by exercising the option to extend the Agreement by an additional two (2) years, an amendment to the Compensation is also required.

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

AMENDMENT
SECTION 1: RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

SECTION 2: EXTENSION OF TERM. Through this Amendment No. 5, the Parties hereto agree to extend the term of the Agreement from July 1, 2024, to June 30, 2026; unless such time is further extended in writing by a subsequent amendment and executed by both Parties.

SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 5, the Parties hereto agree to amend the compensation for the purposes of incorporating costs associated with the extension of the Agreement for an additional two (2) years as follows:
“The agreed-upon compensation for the contract services contemplated in the Agreement and memorialized in Amendment No. 5 shall not exceed the annual amount of Fifty-Thousand Dollars ($50,000) for performance of the professional services outlined in the Agreement and any applicable amendment thereto. City shall pay Consultant upon thirty (30) days of receipt of itemized billing statement and/or invoice and full acceptance of product and services by City. Contractor shall not incur fees or costs which exceed the amount above without prior written consent of City.”

AMENDMENT NO. 5 TO AGREEMENT NO. 3733

SECTION 4: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 5 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement (and any applicable amendment thereto), and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

In WITNESS WHEREOF, the Parties have executed this Amendment No. 5 to Agreement No. 3733 provide Consulting Services for the Substance Abuse Program Monitoring and Oversight as of the day and year first above written. (the “CITY”) (the “CONSULTANT”) CITY OF MONTEBELLO LPM CONSULTING, INC.

By: By:

Raul Alvarez, City Manager Leila Procopio-Makuh, President

ATTEST:

By:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

By:

Arnold M. Alvarez-Glasman,
City Attorney
ATTACHMENTS:

Exhibit “A” – LPM Consulting, Inc. Renewal Letter

ITEM # 18

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: ACCEPTANCE OF GOLF COURSE RENOVATION PROJECT PHASE 2 (CP NO. 894-2) – NOTICE OF COMPLETION

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Accept the Golf Course Renovation Project Phase 2 (CP No. 894-2) as completed by American Landscape, Inc.; and,

2. Approve the final contract amount with American Landscape, Inc. for the construction of the Project in the amount of $10,954,901 including change orders; and

3. Approve the Final Total Project Budget (Attachment A); and

4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and

5. Authorize the City Manager to release the retention payment due to American Landscape, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and

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

BACKGROUND/DISCUSSION:

The Golf Course Renovation Project (GCR Project) renovated a portion of the existing Montebello Municipal Golf Course property located immediately south of the Driving Range Relocation Project and northwest of the Quiet Cannon event center. The GCR project area is approximately 72.5 acres of the golf course campus. The project is replacing the existing 18-hole golf course with a new and modern first-class championship golf course complex that complements the adjacent Topgolf facility, hotels

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

and Quiet Cannon event center. The project includes a new 9-hole championship golf course and a new 9-hole Par 3 golf course with lights.

The City Council at its meeting of November 10, 2022, awarded a contract to American Landscape, Inc. for Phase 2 of the GCR Project in the amount of $9,664,658 and authorized the Director of Public Works to review and approve change orders within a 5% contingency of the contract amount. Phase 2 included finished grading, construction of golf course features (i.e. tee boxes, fairways, greens and sand traps), turf and landscaping.

On August 23, 2023, The City Council approved a change order to American Landscape, Inc. in the amount of $1,340,617. This change included demolition, clearing/grubbing, fine grading, golf course shaping, construction of tee areas, sand bunkers, greens and cart paths, construction of irrigation system, construction of lakes and appurtenances, construction of golf course lighting system, fencing, and landscaping (includes golf course turf/landscaping), grassing, and golf course turf establishment.

ENVIRONMENTAL:

N/A

ANALYSIS:

The project was substantially completed on May 16, 2024. The contractor completed the punch list work on June 7, 2024. The construction management company, AIM Consulting Services, overseeing the GCR Project has reviewed the daily inspection reports and determined that the project was completed satisfactorily and in accordance with the project plans and contract specifications.

NOTICE OF COMPLETION:

It is recommended that the City Council accept the project as satisfactory and complete pursuant to Civil Code Section 3093. Upon acceptance of the project, staff will file the “Notice of Completion” with the County Recorder’s Office for the project. Thirty-five (35) days after the recordation of the Notice of Completion by the County Recorder’s Office, the City will release the Labor and Materials Bond to the bonding company and make final payment of the retention being withheld from the payment to Contractor if no Stop Notices are filed within the 35-day period.

SUMMARY:

Staff is recommending that the City Council accept the Project as completed, approve the final Project budget and expenditures, including change orders (Attachment A), authorize the City Clerk to execute, verify and file the Notice of Completion with the Los Angeles County Registrar-Recorder and authorize the City Manager to release the retention payment due to American Landscape, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded.

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

ATTACHMENT(S)

1. Attachment A - Total Project Budget and Expenses

2. Attachment B - Notice of Completion

ATTACHMENT A

GOLF COURSE CONSTRUCTION PROJECT (PHASE 2)
C.P. NO. 894-2

FINAL TOTAL PROJECT BUDGET

Project Expenses Final Cost
Original Construction Contract (American Landscape, Inc.) - Awarded 11/10/2022

$9,664,658
Construction Change Orders (Approved 8/23/2023) $1,340,617 Adjustment for Final Quantities Measured ($50,374)
Total Project Cost: $10,954,901

Authorized Project Budget Budget Amount
Original Construction Contract (American Landscape, Inc.) - Awarded 11/10/2022
$9,664,658
Construction Contingency (5%) (Approved 11/10/22) $483,233 Construction Change Orders (Approved 8/23/2023) $1,340,617 Total Project Cost: $11,488,508

Note: The project was completed $533,607 under budget and this amount will be made available for re-programming.

RECORDING REQUESTED BY ATTACHMENT B
CITY

OF MONTEBELLO

AND WHEN RECORDED MAIL TO

NAME CITY OF MONTEBELLO

CITY CLERK
STREET 1600 W Beverly Blvd.

ADDRESS
CITY Montebello,

STATE CA
ZIP 90640

SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________

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

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

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

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

4. The nature of the interest or estate of the owner is: in fee. (if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

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

NAMES ADDRESSES
_______________________________________________________________________________________________

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

NAMES ADDRESSES
____________________________________________________________________________________________

7. A w
ork of improvement on the property hereinafter described was completed on May 16, 2024. The general scope of work consisted of grading, construction of golf course features (i.e. tee boxes, fairways, greens and sand traps), turf and landscaping.

8. The nam
e of the contractor, if any, for such work of improvement was American Landscape, Inc.

J une 26, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Phase 2 Golf Course Construction Project CP 894-2 D
irector of Public Works / City of Montebello___
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

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

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

Executed on_________________ , 2024 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

DO NOT RECORD

REQUIREMENTS AS TO NOTICE OF COMPLETION

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

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

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

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

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

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

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

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

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

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

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

ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: APPROVE LETTER OF ENGAGEMENT TO MASTER RETAINER AGREEMENT NO. 4000 WITH KOA FOR ENGINEERING SERVICES

PROPOSAL FOR OLYMPIC BLVD COMPLETE STREET FEASIBILITY
STUDY (CP 905)

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve a Letter of Engagement to Master Retainer Agreement No. 4000 between the City of Montebello and KOA for Engineering Services for Olympic Boulevard Complete Street Feasibility Study (CP 905) for a not-to-exceed amount of $609,365; and

2. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $309,365 in Account No. 201-30-330-6040.80 (RMRA, Public Works, Engineering, Contract Services Engineering Services) and

3. Authorize the City Manager to execute the Letter of Engagement on behalf of the City; and

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

BACKGROUND/DISCUSSION:

The engineering services outlined for this project encompasses several key tasks. These include conducting a feasibility study to analyze existing conditions, evaluating the potential implementation of complete streets features, and assessing various infrastructure enhancements such as pavement, street lighting, sewer, and storm drain facilities. The project's focus area spans the Olympic Boulevard corridor, extending from 4th Street to approximately 150 feet east of Concourse Avenue (the western city limit),

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

covering approximately 1.3 miles.

Transportation Analysis will require data collection from its corridor conditions on Olympic Boulevard. With the information gathered, geo-coded field photos will be provided to assist the City with recommended dig-outs, curb and gutter replacements, and sidewalk replacements. In addition, forty-eight existing curb ramps will be assessed for ADA compliance, sewer and storm drains will be upgraded with a CCTV system, a collision analysis will be collected for the past 5 years to identify collision hot spots along Olympic Blvd;, and unprotected crosswalks will be studied to determine needed improvements.

KOA will provide public outreach by creating detailed project fact sheets in English and Spanish for the residents and stakeholders. They will also be tasked with creating engagement event flyers for three city-sponsored events with two KOA staff members in attendance. Additionally, KOA will create a website and social media content for the city to review and upload. There will also be two project surveys open to the public that are focused on issues and concerns along Olympic Boulevard and a recommendation- focused survey. Both will be available as digital and physical copies in English and Spanish.

After completing the traffic analysis, engaging with the public, and incorporating feedback from the City, KOA will craft conceptual design blueprints. These plans will outline proposed enhancements such as improved bicycle facilities, pedestrian upgrades (including curb ramps, extensions, improved crossings, and sidewalk repairs), lighting enhancements, transit provisions (like sidewalk amenities, bus shelters, and lighting), as well as enhancements to trees and landscaping. Notably, the conceptual plans will exclude considerations for pavement rehabilitation, sewer, or storm drain improvements.

Cost estimates will be calculated with market construction costs.

The City will review the feasibility report and technical memorandum summarizing the analysis, research, and recommendations. The report will include tables, figures, maps, and any information regarding counts and traffic analysis files.

The following is the proposed timeline for critical progress submittals:

TASKS TIMELINE
TASK 1: PROJECT MANAGEMENT JULY 2025
TASK 2: PRELIMINARY ENGINEERING MARCH 2025
TASK 3: TRANSPORTATION ANALYSIS FEBRUARY 2025
TASK 4: PUBLIC OUTREACH MARCH 2025
TASK 5: CONCEPTUAL DESIGN & COST

ESTIMATES
MAY 2025
TASK 6: FEASIBILITY REPORT/ TECHNICAL

MEMORANDUM
JULY 2025

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Upon approval of this request, staff will continue coordinating with KOA to commence and complete the task order. In addition, the recommended action will amend the FY 2024-25 budget by increasing appropriations by $309,365.10 in Account No. 201-30-330- 6040.80 (RMRA, Public Works, Engineering, Contract Services Engineering Services). The recently adopted FY 2024-25 budget includes $300,000 in funding for this project (CP 905) in Fund 201.

ATTACHMENT(S)

1. Attachment A - Letter of Engagement

Date: 06/26/2024

ENGAGEMENT LETTER
FOR

CONSULTANT SERVICES
PROJECT/SERVICES: ENGINEERING SERVICES FOR OLYMPIC BLVD COMPLETE STREET

FEASIBILITY STUDY
MASTER RETAINER AGREEMENT NO. 4000
TASK NO.XX
The purpose of this Engagement Letter is to allow the City of Montebello (the “City”) to engage KOA Corporation (the “Consultant”) to provide Engineering Services for Olympic BLVD Complete Street Feasibility Study (the “Services” or “Project”) pursuant to those terms and conditions outlined in the draft Master Retainer Agreement (Agreement No. 4000) approved by the City Council on June 22, 2022, in the manner set forth in Exhibit A, “Scope of Services” of this Engagement Letter.

The Administrative Order on Consent is shown in Exhibit A. The Scope of Services to be completed pursuant to this Engagement Letter is set forth in Exhibit A, attached hereto. The cost for performing the services under this Engagement Letter shall be billed hourly for a total not -to-exceed fee of Six Hundred and Nine Thousand, Three Hundred and Sixty-Five Dollars and Ten Cents ($609,365.10), without prior written approval by the City. The charges and hourly rates shall not exceed those stated and in effect when the draft Master Retainer Agreement was approved on June 22, 2022, and as stated in the fee schedule attached hereto as Exhibit A.

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

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

ATTACHMENT A

THE CITY OF MONTEBELLO
(the “City”)
KOA
(the “Consultant”)
By:

Raul Alvarez, City Manager
By:

Giuseppi Canzonieri, P.E.

ATTACHMENTS:

1. Exhibit A – Scope of Services

2. Exhibit B – Fee Schedule

3. Exhibit C – Preliminary Project Schedule

Olympic Boulevard Complete Streets Feasibility Study Page 1 City of Montebello X00023350
1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 T: (323) 260-4703 | F: (323) 260-4705 | www.koacorp.c om

MONTEREY PARK ORANGE ONTARIO SAN DIEGO
June 3, 2024
C
esar Roldan
City of Montebello
1600 W Beverly Boulevard
Montebello, CA 90640
Subject: Engineering Services Proposal for Olympic Boulevard Complete Streets Feasibility Study Dear Cesar:

Thank you for requesting KOA Corporation (KOA) to provide this proposal for the Olympic Boulevard Complete Streets Feasibility Study Project in the City of Montebello. The engineering services proposed for this project includes the preparation of a feasibility study outlining existing conditions, assessing feasibility of complete streets features, and assessment of other infrastructure improvements including, but not limited to pavement, street lighting, sewer, and storm drain facilities. The project will be performed along the Olympic Boulevard corridor from 4 th Street to 150’ east of C
oncourse Avenue (western City limit) (approximately 1.3 miles). The scope of work is provided below for review by the City of Montebello, followed by a fee estimate. Let us know if you have any questions or comments regarding this letter proposal.

SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT
Our Project Management services will include, but not be limited to:
• P
rovide and perform all regular and customary project management services needed to facilitate the successful design, construction and completion of the project.
• Attend a virtual kick-off meeting with the City Project Manager and key staff to review the project deliverables and the City’s requirements.
• Attend up to twelve (12) virtual monthly meetings with City staff. • Maintain communication with the City’s Project Manager throughout the duration of the project including design package status, meeting agendas and minutes, schedule updates, action items, etc. • Maintain the project schedule, update it regularly to reflect any significant changes in the project and keep the City informed of these changes.
• Coordinate with the City Project Manager to resolve project related issues in a timely manner. Potential comple x
i
ssues will be brought to the attention of the City’s Project Manager as soon as possible.

Task 1 Deliverables:
 Work Plan
 Schedule
 Agenda and minutes for each meeting
TASK 2 – PRELIMINARY ENGINEERING

RECORDS RESEARCH
K
OA will work with the City to obtain record drawings and documents relevant to the work site. Record drawings and documents can include, but are not limited to existing improvement plans, topographic maps, centerline ties, corner records, as-built plans, utility plans, etc. We will send our request for record drawings and documents through the City’s Project Manager.

Exhibit A

Olympic Boulevard Complete Streets Feasibility Study Page 2 City of Montebello X00023350
U

TILITY RESEARCH, NOTIFICATIONS, AND MAPPING
KOA will obtain a list from the City of utility comp anies known to own and operate facilities in the City of Montebello. KOA will send an email with our standard utility response form, and a map of the project site to all relevant utility companies.

We will request information from them including record drawings of their facilities, prior rights information, and any planned upgrades expected in the near future. Utility responses will be logged and information regarding existing facilities will be shown on our plans. In some cases, the utility owner may require a request presented on City letterhead. We will coordinate these situations, if needed, with the City’s Project Manager. KOA will provide the City’s Project Manager with a utility response list and maps/data received when all utility companies have responded. KOA will compile all as-builts received from the utility agencies and develop a utility base map that will be referenced into the project plans.

TOPOGRAPHIC SURVEY
KDM Meridian, Inc. will provide an aerial topographi
c survey along Olympic Boulevard between 4th Street and Concourse Avenue. The survey will extend 50 feet beyond each intersecting street and 5’ beyond the apparent right-of-way. Ties and centerline monuments surveyed will be used to establish record centerlines and right-of-way. These lines will be added to the topographic information in the final base mapping. Base mapping will consist of 1” = 40’ scale CAD mapping with a digital terrain model showing 1-foot interval contours on an aerial background.

TRAFFIC INDEX CALCULATION
KOA will calculate the traffic index using the Caltr
ans HDM calculation method. The traffic index will be calculated based on 20-year growth. We will subcontract to a data collection vendor to perform a 24-hour classification count at two locations along Olympic Boulevard within the project limits.

GEOTECHNICAL ENGINEERING
Twining, Inc. will provide geotechnical engineering services for the project. Twining’s scope includes the following:

P

ERFORM VISUAL PAVEMENT SURFACE CONDITION ASSESSMENT
A visual condition assessment will be performed to a id in the selection of exploratory coring locations within the project limit and also identify the approximate dig-out locations.

PERFORM AND COORDINATE PAVEMENT TESTING AND SAMPLING
In order to determine the structural thickness of th e adjacent pavement, Twining will perform coring on the pavement section as well as on the side of the road. We will notify Underground Service Alert (USA) of the proposed subsurface exploration locations at least 72 hours prior to exploration so that conflicts between the proposed locations and underground utilities can be identified. Twining has assumed that the City will provide as-built utility plans for the areas proposed for exploration and perform a field review of our locations.

Twining will perform a minimum of 8 cores to measure the thickness of the pavement layers and identify the type of the existing soil on the side of the road. Also, they will obtain subgrade soil sample on 3 core locations for further laboratory testing. They anticipate performing all cores in one 8-hour shift. Coring will be conducted in accordance with the ASTM 5361M-14 standard.

The existing pavement will be explored using an electric-powered core drill and 6- or 8-inch core drill bits. They will hand excavate to a depth of approximately 3 feet below top of the exposed surface at selected locations to obtain samples existing of subgrade materials which will support the new pavement sections. The thickness of existing asphalt concrete

Olympic Boulevard Complete Streets Feasibility Study Page 3 City of Montebello X00023350
pavement, thickness and type of base, and depth to subgrade will also be recorded. The coring will be performed under the observation of field engineer or geologist, who will log the subsurface conditions encountered and will obtain bulk samples for laboratory observation and testing.

PERFORM LABORATORY TESTING
Samples obtained from the exploratory borings will b e transported to our Long Beach laboratory for visual classification and testing. Laboratory tests will be performed by Twining on selected samples obtained from the borings to aid in the classification and to evaluate the engineering properties of the subgrade soils, as follows. • R-value;
• In-place density and moisture;
• Maximum density and optimum moisture;
• Atterberg limits / Plasticity index; and
• #200 wash for soil classification.

The exact quantities and types of tests will depend on the material types encountered during their subsurface exploration.

The quantities proposed here are based on our experience with similar-sizes past projects.

P

AVEMENT STRUCTURAL THICKNESS DESIGN
The results of Twining’s field exploration and lab t esting will be evaluated and engineering analysis will be performed in order to provide recommendations for the design and construction of the proposed pavement section. Pavement structural thickness design will be performed following the latest California Highway Design Manual.

PREPARE PAVEMENT EVALUATION / OVERLAY THICKNESS RECO MMENDATIONS REPORT A report will be prepared to summarize the data coll ected and present our conclusions, and recommendations for design and construction of the proposed project. The report will include the following:
• Site location map;
• Project information;
• Photographs of the existing pavement;
• Coring location map and structural thickness;
• Geotechnical laboratory test results; and
• Pavement structural design recommendations including but not limited to the following options:
o Asphalt Concrete Overlay,
o Full depth Asphalt Concrete,
o Asphalt Concrete over crushed aggregate base
o Asphalt concrete over stabilized subgrade soil
The final report will be signed and stamped by a California Registered Geotechnical Engineer.

EXISTING PHOTOMETRIC ANALYSIS
KOA will prepare and analyze the existing illuminati on and uniformity calculations using AGI32 lighting design software.

We have assumed the City can provide specifications for the existing luminaires along the project corridor. We will verify the locations of the existing street lighting as well as the wattage and lighting type (HPS, LED, etc.). We will identify areas along the roadway that do not meet the Illuminating Engineering Society of North America (IESNA) lighting criteria and inform the City of our findings.

Olympic Boulevard Complete Streets Feasibility Study Page 4 City of Montebello X00023350

FIELD REVIEW / SITE EVALUATION
Upon receipt of any available as-built records from the City and the aerial survey, we will visit the project site to verify and document existing conditions. We will investigate and verify existing roadway geometry, utility manholes/valves, signing and striping, traffic signals, detector loops, power poles, cabinets, fire hydrants, etc. KOA will send a team of experienced and knowledgeable civil engineers to the project site to fully evaluate the existing pavement conditions and identify any asphalt, curb, gutter, or sidewalk that is damaged and in need of replacement. We will also determine if there are any areas where sidewalk is missing. We will also determine areas where additional trees can be planted.

KOA will also develop a .kmz file in Google Earth with geo-coded field photos. This tool will assist the City in seeing photos of areas that we recommend AC dig outs, curb & gutter replacement, sidewalk replacement, etc.

ADA COMPLIANCE ASSESSMENT
KOA will perform an ADA compliance assessment of the
forty-eight (48) existing curb ramps along the project corridor.

Our engineers will verify existing dimensions/grades with a smart level and measuring tape. In addition, we will measure the sidewalk cross-slope at approximate 50-foot intervals along the corridor. We will document our findings and inform the City of all deficiencies.

BASE PLAN PREPARATION
Upon completion of our field review we will prepare accurate base plans. The base plan will show existing centerlines, curb, gutter, right-of-way, curb ramps, driveways, pavement delineations, markings, roadside signs, traffic signal equipment, pull boxes, conduit, utility manholes/valves, and all other information that was documented during our field review. We believe putting extra time and effort into the preparation of accurate base plans is a critical step because they will serve as the foundation of our design. This will eliminate the need to revisit the base plan to make changes, which can result in delays in our deliverables and the project schedule.

SEWER AND STORM DRAIN CCTV
CWE will perform CCTV of the existing sewer and stor
m drain system along the project corridor. A majority of the storm drains and sanitary sewer systems in Olympic Boulevard are owned by Los Angeles County Flood Control District (LACFCD) and Los Angeles County Sanitation Districts (LACSD) respectively. Access permits will be required from these agencies to enter their facilities. In addition, Olympic Boulevard is a major thoroughfare in the City, and the work will require

Olympic Boulevard Complete Streets Feasibility Study Page 5 City of Montebello X00023350
implementation of traffic control. The CCTV data will be collected per NASSCO PACP format. A digital video and report will be provided.

There is approximately one-mile of storm drain owned by LACFCD and approximately 500 feet owned by the City within Olympic Boulevard. It is assumed that the data will also be required to be submitted to LACFCD. We understand the City also wanted laterals reviewed by CCTV for this. We have estimated that the laterals are all clear of all debris and clearing of debris is not included in our scope. Our fee is based on review of up to 7,000 linear feet of storm drain and laterals.

LACSD owns approximately 0.33 miles of sewer in Olympic Boulevard. Additionally, there must be City sewer lines in the area. Due to the lack of information about the City sewer, we have assumed there is 1.3 miles of sewer in addition to the LACSD sewer line that will be reviewed.

CWE has assumed the following:
• The cost is based on non-prevailing wage rates.
• Inspection of the pipe will be in as-is condition and will not be required to be cleaned. • Any length of pipe not being able to be reviewed due to obstruction will be considered part of the completed work.
• Water (if any) necessary from hydrants will be provided by the City. • City will issue a no fee permit will be issues to complete the work. • Traffic control to be implemented per MUTCD and no traffic control plans will be prepared. • The following are excluded from the pricing:
o Bypass pumping and operating pump stations
o Environmental/erosion control
o Permits, licenses, and performance bonds
o Excavation of any kind
o Access- (Owner shall provide adequate access)
o Line locating/Discovery of hidden or buried manholes
o Repairing/replacing broken covers, lids, or storm drain appurtenances o Overtime
o Cleaning of lines
o Pre-cleaning of lines (i.e., cleaning to commence after given approval from client) o Use of Jet Vac units
o Debris collection and disposal
o Additional mobilizations - proposal is based upon 1 instance of mobilization for the above services o Confined space entry
o Water meter and associate water costs for hydrant use

STORMWATER CAPTURE
Creation of a complete street will require complianc
e with the Los Angeles Region NPDES No. CAS004004 Permit Order R4-2021-0105 and will need to follow USEPA’s guidance for managing stormwater. Additionally, the City’s RAA proposes to manage over 60 acre-feet of stormwater runoff to meet the TMDLs for the City. CWE will evaluate the area and associated volume for surface runoff that can be intercepted from upstream drainage that runs into Olympic Boulevard that can also assist the City in meeting the RAA goals. Note: Detailed hydrology is not part of the scope to define stormwater capture
Task 2 Deliverables:
 U
tility as-built records and agency response list.

Olympic Boulevard Complete Streets Feasibility Study Page 6 City of Montebello X00023350
 Topographic survey.
 Traffic Index calculations.
 Geotechnical report.
 Field notes and site photos.
 ADA compliance assessment.
 Base plans.
 Sewer and Storm Drain CCTV results.
 Stormwater capture analysis.

TASK 3 – TRANSPORTATION ANALYSIS

DATA COLLECTION
To analyze corridor conditions, KOA will collect the following counts:

1. Peak Hour Vehicle Turning Movement Counts (including Pedestrians/Bikes) at the following nine (9) intersections:
a. Kensington Avenue/Northside Drive/Southside Drive,
b. Allston Street/Hereford Drive,*
c. Vail Avenue,
d. Maple Avenue,
e. Park Avenue,*
f. Taylor Avenue,*
g. Greenwood Avenue,
h. 5 th Street,*
i. Montebello Boulevard,
*at these locations, pedestrian counts will be collected between 1p-6p, to encompass afternoon school peak hour and commuter peak hour. 2 . Average Daily Traffic Counts/Speed Counts at the following seven (7) street segments:
a. East of Allston Street/Hereford Drive,
b. Between Allston Street/Hereford Drive & Vail Avenue, c. Between Vail Avenue & Maple Avenue,
d. Between Park Avenue & Taylor Avenue,
e. Between Taylor Avenue & Greenwood Avenue,
f. Between Greenwood Avenue & Montebello Boulevard,
g. Between Montebello Boulevard & 4
th Street

3. V ehicle Gaps
a. KOA will collect a vehicle gap survey at the following unprotected crosswalk locations:
i. Hereford Drive/Allston Street,
ii. Park Avenue,
iii. Taylor Avenue,
iv. 5 th Street
C

OLLISION/SAFETY ANALYSIS
KOA will conduct a corridor-level safety analysis al ong Olympic Boulevard. To do this, KOA will collect collision data for the last five years and identify the following:

Olympic Boulevard Complete Streets Feasibility Study Page 7 City of Montebello X00023350
• Collision hot spots/density,
• Note collisions, by mode – including overall number and hot spots, • Killed or Severe Injury Collisions (KSI),
• Primary Collision Factor (PCF) Identification,
The collision analysis will document specific patterns and trends that will ultimately be used to identify where interventions should be prioritized based on unsafe conditions. KOA will develop hot-spot maps for the entire corridor and figures/graphs showing PCF, time-of-day, and mode split patterns.

U

NPROTECTED CROSSWALK ASSESSMENT
Along Olympic Boulevard, there are four (4) unprotec ted crosswalks at the following locations:

1. Hereford Drive/Allston Street,

2. Park Avenue,

3. Taylor Avenue,

4. 5
th Street
Utilizing the count data collected as well as the collision information that was analyzed, KOA will assess crosswalk pedestrian safety conditions and determine whether improvements should be made, such as adding pedestrian activation mechanisms like Rectangular Rapid Flashing Beacons (RRFBs), HAWK signals, and traffic signals.

The data collected as part of this task will allow KOA to conduct a full assessment on what treatments, based on intersection conditions, volumes, and other metrics will be most applicable to improve safety, comfort, and access to nearby destinations at these crosswalk locations.

As part of this task, KOA will make a recommendation on specific crosswalk treatments.

VEHICLE DELAY/LEVEL OF SERVICE ANALYSIS
KOA will conduct a corridor-level operational analys
is noting existing traffic conditions at nine (9) intersection locations.

Using count data that was collected as part of this task, KOA will conduct the following analysis:

1. Intersection delay/Level of Service analysis,

2. Vehicle queueing at each intersection
Depending on any recommended corridor-level treatments (ie: lane reconfiguration/road diet, if suggested), KOA will conduct a post-project analysis that will compare corridor vehicle operations to existing conditions.

C

ONCEPT DEVELOPMENT
KOA will prepare preliminary concept graphics showin g existing conditions as well as anticipated changes to the corridor configuration. The concepts will not be made to scale and will be used to convey improvements to the public at any engagement events.

This scope covers the development of the existing configuration and the proposed treatments for the entire length of the corridor, per the format in the example below. Only one (1) project alternative (post-project scenario) will be drawn.

Should additional alternatives be requested, KOA will work with City to agree on any necessary change orders.

Olympic Boulevard Complete Streets Feasibility Study Page 8 City of Montebello X00023350
T
ask 3 Deliverables:
 Count collection (Peak hour TMCs, ADT, and vehicle gaps)  Collision analysis for the last five years of available data – preparation of summary figures, tables, and graphics noting patterns and areas of concentrated issues,
 Unprotected crosswalk analysis – determine appropriate safety treatments based on data and collision patterns,  Corridor-level traffic operational analysis
TASK 4 – PUBLIC OUTREACH

PROJECT BRANDING
To increase project recognition with Montebello resi dents, KOA will work with the City to establish a project brand. :This will involve the development of a project logo and name. The project logo will be consistent with City seal/logo colors and the name will be one that can be easily recognizable by community members.

Once approved, the logo and name will be incorporated into any engagement materials, surveys that will be used at engagement events.

COLLATERAL MATERIAL DEVELOPMENT
KOA will develop the following:
1 . Project Factsheet
This document will serve to provide residents and stakeholders with information on the project, such as goals, objectives, and general project timeline. It will also provide information to residents on how best to contact City/Project staff should they have any questions or comments.

The Factsheet will be designed to be consistent with the overall project brand and utilize the same aesthetic. It will be translated into Spanish.

2. Event Flyers
KOA will design engagement event flyers for the three events that we will attend. The flyer will be in English and Spanish and will include pertinent information on the engagement event (date, location, time) while including information on how best to contact City/project staff should stakeholders have any questions/comments.

Olympic Boulevard Complete Streets Feasibility Study Page 9 City of Montebello X00023350

3. Webpage Content
KOA is not scoped to prepare a project webpage. However, KOA staff will prepare content that will be included in the City’s website. Information on project updates, any recommendations, and other data will be provided to the City. KOA will also provide Spanish-language translation of this content.

4. Social Media Content
KOA will not upload materials into the City’s social media channels, but will provide the City with content for City staff to upload/post. KOA will prepare customized social media-friendly versions of the fact sheet and flyers so that it can ease posting and overall dissemination. Materials will be translated into Spanish, as -needed.

S

URVEY DEVELOPMENT AND DISSEMINATION
KOA will prepare two project surveys:
1 . Issues-Focused Survey
This survey will be developed in the beginning of the project and will ask stakeholders about general issues and concerns along Olympic Boulevard. The survey will be short (less than ten questions) and will be prepared to be disseminated through physical and digital means. It will also be translated into Spanish.

2. Recommendation-Focused Survey
Towards the latter part of the project timeline, once recommendations have been outlined for Olympic Boulevard, KOA will prepare a survey asking for stakeholders’ input on the treatments. The goal will be to gain overall concurrence from residents and stakeholders on the treatments to ensure there is community consensus. This survey will be disseminated through physical and digital means and will be translated into Spanish.

The digital version of each survey will be shared with the City for dissemination via email, website, and social media. The physical version of the survey will be primarily disseminated by KOA during the three events (below).

C

ITY-SPONSORED EVENT ATTENDANCE
Up to two (2) KOA staff will attend up to three (3) city-sponsored events throughout the project timeline. At the events, KOA staff will provide bring materials such as flyers, factsheets, and surveys to acquire input from event attendees on corridor issues and concerns.

Spanish-speaking staff will also be available at these events.

KOA will not be responsible for scheduling the events or paying any associated fees, as it is expected that these will be covered by the City.

Upon completion of each event, KOA will prepare a one-page summary, which will include information on number of people engaged, issues brought up, and next steps. Photos will also be taken at the events and included in the summary.

Task 4 Deliverables:
 Project Branding (develop project logo, color scheme, and name)  Collateral material development (one factsheet, up to three flyers for each pop-up event, content for City website and social media) – translated into Spanish
 Two (2) surveys – digital and physical, translated into Spanish

Olympic Boulevard Complete Streets Feasibility Study Page 10 City of Montebello X00023350
 Attend up to three (3) City-sponsored community events; prepare one-page summary at the conclusion of each event
TASK 5 – CONCEPTUAL DESIGN AND COST ESTIMATES

CONCEPTUAL DESIGN PLANS
Upon completion of the traffic analysis and public o utreach tasks, as well as received input from the City, KOA will prepare conceptual design plans that will include recommended improvements including bicycle improvements, pedestrian improvements (curb ramps, curb extensions, enhanced crossings, sidewalk repair, etc.), lighting improvements, transit improvements (sidewalk, bus shelter, lighting, etc.), and tree and landscaping improvements. The conceptual plans will not include pavement rehabilitation, sewer, or storm drain improvements. The conceptual design plan will prepared at 1”=40’ scale and we will prepare one revision of the conceptual design plan. Note: Multiple alternatives are not included in our scope of work.

COST ESTIMATES
KOA will prepare and submit a cost estimate with eac
h plan submittal to the Client. KOA will apply market construction costs for each bid item to the quantities measured using a combination of available sources including Caltrans published data, recent bid prices from other local projects, and any other data provided for our use. We will update the cost estimates based on the refinement of the quantities throughout the project.

Task 5 Deliverables:
 Draft and Final conceptual design plans and cost estimates.

TASK 6 – FEASIBILITY REPORT / TECHNICAL MEMORANDUM
KOA will submit a feasibility report / technical memorandum summarizing our analysis, research, and recommendations to the City for review. The report will include tables, figures, maps, and any back-up information (such as counts and traffic analysis output files) to document recommendations and conclusions. We will prepare one (1) revision of the feasibility report / technical memorandum.

Task 6 Deliverables:
 Draft and Final
feasibility report / technical memorandum.

I

TEMS TO BE PROVIDED BY CITY
We have assumed the City will be providing the following to KOA:
• All applicable as-builts including, but not limited to street improvements, signing & striping, traffic signal, street lighting, utilities (storm drain, sewer, water, gas, etc.), etc.

FEE ESTIMATE
KOA will perform the work specified in the scope above based on the time and materials fee not to exceed $609,365.10 as shown in Attachment A.

The budget is based upon the work scope and level of effort presented above and includes the cost of all related technical and administrative services. The work scope is considered complete upon submittal of a final document by KOA. Any additional services requested will be considered as extra work and those fees will be negotiated prior to start of work and secured in writing.

Olympic Boulevard Complete Streets Feasibility Study Page 11 City of Montebello X00023350
I
f the work described within this letter is not authorized in 30 days, if changes occur in the work scope or level of effort, or if our work is suspended for more than 180 days due to any circumstances beyond KOA’s control, we reserve the right to revise the work scope, budget and schedule to reflect current conditions. Such revisions will be effected through mutually agreed upon amendments or modifications to this agreement.

W

ORK SCHEDULE
KOA will work with the City on a schedule that is mutually agreeable. KOA is not responsible for delays caused by factors beyond KOA’s reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of the KOA’s services or work product promptly, or delays caused by faulty performance by the Client or by other consultants or contractors of any level. When such delays beyond KOA’s reasonable control occur, the Client agrees the KOA is not responsible for damages, nor shall KOA be deemed to be in default of this Agreement.

GOVERNING LAW
The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of that State.

A

UTHORIZATION
A professional service agreement shall be prepared and executed prior to work.

Sincerely,
KOA | A Lochner Company
G
iuseppe Canzonieri, PE
Principal | Director of Engineering

Principal II Principal I
Senior
Engineer I /
PM
Senior
Associate
Engineer II
Senior
Associate
Engineer I
Associate
Engineer II
Senior
Associate
Planner I
Admin
Assistant II
Hourly Rates (Fully Burdened) $336.00 $287.00 $229.00 $179.00 $160.00 $147.00 $160.00 $108.00 Kick-off Meeting 1 2 2 5 $1,114.00 $1,114.00
Monthly Meetings (12) 6 24 24 54 $11,352.00 $11,352.00
General Project Management 8 60 16 84 $18,156.00 $12,850.00 $31,006.00 SUBTOTAL 15 86 26 16 143 $30,622.00 $12,850.00 $43,472.00 Records Research 4 8 12 $2,196.00 $2,196.00
Utility Research, Notifications, and Mapping 2 8 40 50 $2,000.00 $9,618.00 $9,618.00 Topographic Survey 4 4 8 $1,556.00 $21,950.00 $23,506.00 Traffic Index Calculation 1 2 12 15 $1,500.00 $4,214.00 $4,214.00 Geotechnical Engineering 1 4 4 9 $1,892.00 $18,680.10 $20,572.10 Existing Photometric Analysis 2 6 120 128 $25.00 $21,271.00 $21,271.00 Field Review / Site Evaluation 4 8 24 24 60 $75.00 $11,075.00 $11,075.00 ADA Compliance Assessment 2 6 16 24 48 $50.00 $8,800.00 $8,800.00 Base Preparation 24 40 64 $9,720.00 $9,720.00
Sewer & Storm Drain CCTV 8 8 $1,832.00 $183,593.00 $185,425.00 Stormwater Capture 4 4 $916.00 $51,160.00 $52,076.00
SUBTOTAL 10 48 40 204 104 406 $3,650.00 $73,090.00 $21,950.00 $18,680.10 $234,753.00 $348,473.10 Data Collection 4 4 8 $5,500.00 $7,288.00 $7,288.00
Collision/Safety Analysis 2 32 34 $5,694.00 $5,694.00
Unprotected Crosswalk Assessment 8 48 56 $9,976.00 $9,976.00 Vehicle Delay/Level of Service Analysis 8 44 52 $9,336.00 $9,336.00 Concept Development 4 8 8 72 92 $16,336.00 $16,336.00
SUBTOTAL 4 30 8 200 242 $5,500.00 $48,630.00 $48,630.00 Project Branding 2 24 26 $4,414.00 $4,414.00
Collateral Material 4 48 52 $8,828.00 $8,828.00
Survey Development/Dissemination (2) 4 44 48 $8,188.00 $8,188.00 Event Attendance (3) 12 72 84 $300.00 $15,264.00 $15,264.00 SUBTOTAL 22 188 210 $300.00 $36,694.00 $36,694.00
Draft Conceptual Design Plans 8 16 40 120 184 $30,392.00 $30,392.00 Draft Cost Estimates 2 4 12 12 30 $5,272.00 $5,272.00
Final Conceptual Design Plans 4 8 24 60 96 $15,836.00 $15,836.00 Final Cost Estimates 1 2 6 6 15 $2,636.00 $2,636.00
SUBTOTAL 15 30 82 198 325 $54,136.00 $54,136.00
Draft Report 8 12 80 40 64 204 $41,092.00 $21,376.00 $62,468.00 Final Report 4 4 40 12 12 72 $15,492.00 $15,492.00
SUBTOTAL 12 16 120 52 76 276 $56,584.00 $21,376.00 $77,960.00 TOTAL BASE SERVICES 56 68 284 40 364 310 464 16 1602 $9,450.00 $299,756.00 $21,950.00 $18,680.10 $268,979.00 $609,365.10

BASE SERVICES

FEE PROPOSAL

CITY OF MONTEBELLO

OLYMPIC BOULEVARD COMPLETE STREETS FEASIBILITY STUDY

DELIVERABLES

KOA S UB-CONSULTANTS
TEAM TOTALTotal Hours Other Direct
Costs
KOA
TOTAL
KDM
S
urvey
CWE
Sewer / Storm
Drain
Twining
Geotech
TASK 2: PRELIMINARY ENGINEERING
TASK 6: FEASIBILITY REPORT / TECHNICAL MEMORANDUM
TASK 1: PROJECT MANAGEMENT
TASK 3: TRANSPORTATION ANALYSIS
TASK 4: PUBLIC OUTREACH
TASK 5: CONCEPTUAL DESIGN & COST ESTIMATES
Exhibit B

3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 3 10 17 24 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 Notice to Proceed (Assuming 7/1/2024)
Kick-Off Meeting
M
onthly Meetings
General Project Management
Records Research
Utility Research, Notifications, and Mapping
Topographic Survey
Traffic Index Calculation
Geotechnical Engineering
Existing Photometric Analysis
Field Review / Site Evaluation
ADA Compliance Assessment
Base Preparation
Sewer & Storm Drain CCTV
Stormwater Capture
Data Collection
Collision/Safety Analysis
Unprotected Crosswalk Assessment
Vehicle Delay/Level of Service Analysis
Concept Development
Project Branding
Collateral Material
Survey Development/Dissemination (2)
Event Attendance (3)
Draft Submittal
Final Submittal
Draft Submittal
Final Submittal
KOA Team Tasks
Client Review
2025
TASK 1: PROJECT MANAGEMENT
TASK 2: PRELIMINARY ENGINEERING
TASK 3: TRANSPORTATION ANALYSIS
TASK 4: PUBLIC OUTREACH
2024

SEPT JAN
TASK 5: CONCEPTUAL DESIGN & COST ESTIMATES
TASK 6: FEASIBILITY REPORT / TECHNICAL MEMORANDUM

APRIL MAY JUNE JULY AUGOCT NOVJUNEPRELIMINARY PROJECT

SCHEDULE

DECJULY FEB MARAUG
Exhibit C

ITEM # 20

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: APPROVE AMENDMENT NO.1 TO AGREEMENT 3892 WITH ION

SECURITY SYSTEMS, LLC TO PROVIDE CITYWIDE MONITORING,

MAINTENANCE, AND REPAIRS OF SECURITY AND FIRE ALARM

SYSTEMS

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement 3892 between the City of Montebello and Ion Security Systems, LLC for a One (1) Year Extension; and,

2. Authorize the City Manager to execute the Amendment; and,

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

BACKGROUND/DISCUSSION:

On June 23, 2021, the City entered an agreement with Ion Security Systems, LLC for monitoring, maintenance, and repairs of security and fire alarms systems citywide in an amount of not-to-exceed $50,000.

For the past three years, Ion Security Systems has provided city-wide security and fire surveillance services to City buildings on a monthly and as needed basis. Due to the responsive and satisfactory performance, Staff is recommending the City Council exercise the one-year term extension option under SECTION 2.Term of Agreement No. 3892 (Attachment B). The agreement will now expire on June 23, 2025.

ENVIRONMENTAL:

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City extend Professional Services Agreement No. 3892 by one year (expiring June 23, 2025) and Authorize the City Manager to execute Amendment No. 1 (Attachment A).

ATTACHMENT(S)

1. Attachment A - Agr No. 3892 Amendment 1 - Ion Security Systems LLC

2. Attachment B - Agr No. 3892 - Ion Security Systems, LLC

ATTACHMENT A

CITY OF MONTEBELLO

AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3892

WITH ION SECURITY SYSTEMS, LLC

This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”), is made and entered into this 26th day of June 2024, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and ION SECUIRTY SYSTEMS, LLC, (hereinafter referred to as the “Consultant”).

The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS

WHEREAS, the Consultant and the City entered into that certain Professional Services Agreement No. 3892 by and between the City of Montebello and Ion Security Systems, LLC , dated June 23, 2021 ("Agreement"), pursuant to which City retained Consultant to provide Monitoring, Maintenance, and Repairs to citywide Security and Fire Alarm Systems, as further described in the Agreement; and

WHEREAS, under Section 2. TERM, this Agreement may be extended for up to two (2), additional, one- year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing; and

WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AMENDMENTS

SECTION 1. TERM. The Parties hereby exercise the first of two one -year extension terms under Section 2. Term of the Agreement. The original termination/expiration date of the Agreement, as set on Ju ne 23 , 2021, is hereby extended June 23, 2025. This extension is in accordance with the provisions outlined in the Agreement, demonstrating the City's commitment to the continued provision of Monitoring, Maintenance, and Repairs Services for Security and Fire Alarms by Ion Security Systems, LLC.

SECTION 2. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement, shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

AMENDMENT NO. 1 TO AGREEMENT NO. 3892

[END OF AMENDMENT NO. 1]

IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.

(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO ION SECURITY SYSTEMS, LLC

Raul Alvarez, City Manager Michael A. Oliande Jr., Owner

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

Attachment B

ITEM # 21

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: ADOPT PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 7 VARIOUS
INTERSECTION IMPROVEMENTS CAPITAL PROJECT 851 –
FEDERAL PROJECT NO. HSIPL-5247(024) AND AUTHORIZATION TO

PROCEED WITH BID ADVERTISEMENT

DATE: June 26, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and,

2. Adopt the one hundred percent completed plans, specifications and engineer’s estimate for Highway Safety Improvement Program Cycle 7 Capital Project 851 – Federal Project No. HSIPL-5247(024); and

3. Authorize staff to proceed with a bid advertisement for construction; and,

4. Take such additional, related action that may be desired.

BACKGROUND/DISCUSSION:

The purpose of the Highway Safety Improvement Program (HSIP) is to achieve a significant reduction in traffic fatalities and serious injuries on all public streets. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance. The HSIP encourages increased use of active modes of transportation through safety enhancements at signalized intersections. The City aims to achieve the following goals:

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

• Increase the proportion of trips accomplished by biking and walking • Increase safety and mobility for non-motorized users
• Advance the active transportation efforts of regional agencies to achieve Greenhouse Gas (GHG) reduction goals, pursuant to SB 375 (of 2008) and SB 341 (of 2009)
• Enhance public health and safety
• Ensure that disadvantaged communities fully share in the benefits of the program • Provide a broad spectrum of projects to benefit many types of active transportation users
The focal points of the project include the intersection of Via Campo and Findlay Avenue, Garfield Avenue and Whittier Boulevard, and Garfield Avenue and Via Campo. The segment of Via Campo at the subject intersections is an eastbound one-way street that serves as a frontage road along the south side of the State Route 60 (SR-60, the Pomona Freeway). Pomona Boulevard, on the north side of the freeway, serves as the westbound road of the one-way couplet. Findlay Avenue is a two-lane residential roadway that passes through a freeway undercrossing and intersects the couplet streets. The intersection of Findlay Avenue and Via Camp is controlled by a two-phase traffic signal.

Garfield Avenue and Via Campo and Garfield Avenue and Whittier Boulevard are major arterials with similar signalized attributes.

Construction documents (Attachments B and C) are completed in accordance with applicable engineering standard specifications, Caltrans design manual and are consistent with the City’s procurement and purchasing manual. Due to the size of the contract plans and specifications, an electronic copy will be left in the City Clerk’s Office for the general public's review. The City Council is required to approve and adopt plans, specifications and working details, and authorize the bid request for all public projects.

The bid advertisement is consistent with Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. This action is also consistent with Montebello Municipal Code Section 3.20.110 - Bidding procedure prescribed.

With City Council's approval, staff will advertise the project for bid in a local newspaper of general circulation and submit the Notice Inviting Bid (NIB) to Planet Bids. The following tentative schedule has been identified for the bid process:

Tasks Timeline
City Council authorization to solicit bids for
construction

June 2024
Open Construction Bids July 2024
City Council award of construction contract September 2024 Commence Construction – Phase 1 – Order
Material – Long Lead Items (traffic signal poles
and controllers)

October 2024 – March 2025

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 26, 2024

Commence Construction – Phase 2 –
Commence installation of the traffic signal poles
and controllers

March 2025 – September 2025
Close out Project January 2026

ENVIRONMENTAL:

Staff recommends approval of the environmental assessment as follows:

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant expansion of the existing uses. The project is not anticipated to have any significant impacts to traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project (Attachment D).

ANALYSIS:

N/A

SUMMARY:

The recommended actions will approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA), adopt the one hundred percent completed plans, specifications and engineer’s estimate for Highway Safety Improvement Program Cycle 7 Capital Project 851 – Federal Project No. HSIPL-5247(024), and authorize staff to proceed with a bid advertisement for construction.

ATTACHMENT(S)

1. Attachment A - E76

2. Attachment B - Final Plans

3. Attachment C - Final Contract Specifications

4. Attachment D - CEQA NOE

c.p i5't AMENDMENT MODIFICATION SUMMARY· (E-76)

FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION DLA LOCATOR: 07-LA-0-MTBL PROJECT LOCATION:

PREFIX: HSIPL
PROJECT NO: 5247(024)
THREE LOCATIONS : VIA CAMPO & FINDLAY AVE. GARFIELD AVE. & WHITTIER BLVD AND GARFIELD AVE. & VIA CAMPO TYPE OF WORK:

SEQ NO: 2
STATE PROJ NO: 0717000179L-N
AGENCY: MONTEBELLO
ROUTE:

UPGRADE SIGNAL HARDWARE . IMPROVE SIGNAL TIMING , UPGRADE FED RR NO'S:

DISASTER NO:

TIP DATA
MPO: SCAG
FSTIP YR: 18/19
STIP REF: 209-7000-1052
FSTIP ID NO: SCAG015
BRIDGE NO:

PROG CODE LINE NO
2240 30
2240 31
ZS30 10

IMPV TYPE
21 17
15 PUC CODES:

PROJ OVERSIGHT:ASSUMED/LOCAL ADMIN
ENV STATUS / DT: 06/13/2017
RW STATUS /D T: 1 11/21/2018
INV RTE:

BEG MP:

END MP:

FUNC SYS URBAN AREA

FUNDING SUMMARY

PHASE PROJECT COST
PREV. OBLIGATION $100,000.00
PE THIS REQUEST $0.00
SUBTOTAL $100,000.00
PREV. OBLIGATION $0.00
R/W THIS REQUEST $0.00
SUBTOTAL $0.00
PREV. OBLIGATION $0.00
CON THIS REQUEST $761,600.00
SUBTOTAL $761,600.00
PREV. OBLIGATION $0.00
0TH THIS REQUEST $0.00
SUBTOTAL $0.00
TOTAL: $861,600.00

STATE REMARKS
01/11/2017 This is HSIP project . 100% reimbursement ratio has been approved by Chiu Liu, HSIP coordinator.

URS/RURAL

FEDERAL COST
$100,000.00
$0.00
$100,000.00
$0.00
$0.00
$0.00
$0.00
$760,000.00
$760,000.00
$0.00
$0.00
$0.00
$860,000.00
PREV AUTH / AGREE DATES:

PE:

R/W:

CON:

SPR:

MCS:
0TH:
2017-01-18 00:00:00.0

DEMO ID

AC COST
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/17/2017 SEQ #1: Authorize federal funds for PE in the amount of $100,000 under ZS30. Lumpsum option selected. HSIP7-07-016, HSIP7-07-017, HSIP07-07-018 project ID Combined from Grouped Project SCAG015 listing.
08/07/2019 8/7/19 : This request is for Cons and CE
08/16/2019 Seq #2: Authorize federal funds for CC in the amount of $720,000 and for CE in the amount of $40,000 under 2240. Lumpsum was selected. Special Counter Measure eligible for 100% reimbursement rate.

FEDERAL REMARKS

ATTACHMENT A

MONTEBELLOPLAZA

OUR LADY OF

MIRACULOUS MEDAL

ELEMENTARY SCHOOL

MONTEREY PARK

CITY OF

MONTEBELLO

CANTWELL-SACRED

HEART OF MARY
H. S.

EAST

LOS ANGELES

CITY OF

MONTEBELLO

INDEX OF DRAWINGS

CIVIL ENGINEERING

PROJECT SITE

VICINITY MAP
C-1
1 TITLE SHEET
City of
CIP NO. 851
FEDERAL ID: HSIPL-5247(024)
Engineering Division
HSIP CYCLE 7 PROJECT
VARIOUS INTERSECTIONS IMPROVEMENTS (FY 20-21)
HSIP CYCLE 7 PROJECT
VARIOUS INTERSECTIONS IMPROVEMENTS (FY 20-21)

INFRASTRUCTURE
ENGINEERS 6
UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:

REVIEWED BY:INFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
Y. RAHI
07/13/21
S. MOUSAVI
S.

MOUSAVI
PROFESSIONAL ENGINEER'S NOTE:

UNAUTHORIZED CHANGES AND USES:

LOCATION MAPS
LEGEND:

PROJECT UTILITY CONTACTS:

PROJECT

LOCATION

PROJECT

LOCATION

PROJECT

LOCATION
PROJECT UTILITY CONTACTS (CONTD.):

ATTACHMENT B

C-2
2 GENERAL NOTES
HSIP CYCLE 7 PROJECT
VARIOUS INTERSECTIONS IMPROVEMENTS (FY 20-21)

INFRASTRUCTURE
ENGINEERS 6
UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:

CITY OF MONTEBELLO

ENGINEERING DIVISION

INFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
Y. RAHI
07/13/21
S. MOUSAVI
S. MOUSAVI
LEGEND:

STORM WATER POLLUTION REQUIREMENT:

GENERAL STRIPING, MARKING, AND SIGNING NOTES:

SPPWC STANDARD PLANS:

LIST OF STANDARD DRAWINGS:

NOTICE TO CONTRACTOR:

ABBREVIATIONS:

GENERAL NOTES:

CALTRANS STANDARD DRAWINGS
2018 EDITION:

GENERAL NOTES (CONTINUED):

ONLY
ONLY
STOP
STOP
35 35
SD

ONLYONLYRIGHTTURNNO

TURNNO LEFT

IMPROVEMENT AND TRAFFIC STRIPING, MARKINGS & SIGNING PLANS

FOR VIA CAMPO AND FINDLAY AVENUE INTERSECTION

VIA CAMPO
SR-60 EB OFF RAMP

IMPROVEMENT AND TRAFFIC STRIPING, MARKINGS & SIGNING PLAN

VIA CAMPO

FINDLAY AVENUE

HENDRICKS

LEONARD

REMOVALS
CONSTRUCTION NOTES:

GENERAL CONSTRUCTION NOTES:

TRAFFIC STRIPING, MARKING AND SIGNING NOTES:

PCC AND OTHER RELATED WORK
DETAIL "A"
*NO PED CROSSING

USE CROSSWALK
(DOUBLE FACE)
DETAIL "B"

SIGN (SINGLE FACE)
DETAIL "C"

SIGN (SINGLE FACE)

NO PED CROSSING

USE CROSSWALK

SIGN LEGEND
SIGN
C-3
3 LEGEND:

IMPROVEMENT AND TRAFFIC STRIPING, MARKINGS & SIGNING PLAN STREET
STREET
HSIP CYCLE 7 PROJECT
VARIOUS INTERSECTIONS IMPROVEMENTS (FY 20-21)

INFRASTRUCTURE
ENGINEERS 6
UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:

CITY OF MONTEBELLO

ENGINEERING DIVISION

INFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
Y. RAHI
07/13/21
S. MOUSAVI
S. MOUSAVI
MATCHLINE STA 15+00

SEE BELOW LEFT
MATCHLINE STA 15+00

SEE ABOVE RIGHT

SD

ONLYONLYRIGHTTURN

TURNLEFT
STOP
35 35
STOP
EXISTING SIGNAL PHASE DIAGRAM:
60 EB OFF RAMP

TRAFFIC SIGNAL PLAN

VIA CAMPO

CITY OF

FINDLAY

LEONARD STREET

POMONA BOULEVARD AVENUE
DETAIL "A"

SIGN (SINGLE FACE)
HSIP CYCLE 7 PROJECT
VARIOUS INTERSECTIONS IMPROVEMENTS (FY 20-21)

INFRASTRUCTURE
ENGINEERS 6
UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:

CITY OF MONTEBELLO

ENGINEERING DIVISION

INFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
Y. RAHI
07/13/21
S. MOUSAVI
S. MOUSAVI
POLE LOCATION DETAIL1 2 3 4
5 6 7 8
PROPOSED SIGNAL PHASE DIAGRAM:
1 2 3 4
5 6 7 8
5 2
3 46
7 8

PUSH BUTTON LOCATION
N
1 GENERAL NOTES:

CONSTRUCTION NOTES:

HENDRICKS STREET

VIA CAMPO

MONTEREY PARK

CITY OF

MONTEBELLOPOLE AND EQUIPMENT SCHEDULE

CONDUCTOR SCHEDULE
(25 MPH)
(35 MPH)
(35 MPH)
TS-1
4 TRAFFIC SIGNAL MODIFICATION PLAN FOR

VIA CAMPO AND FINDLAY AVENUE INTERSECTION

1 2 3 4
5 6 7 8
EXISTING SIGNAL PHASE DIAGRAM:
1 2 3 4
5 6 7 8
PROPOSED SIGNAL PHASE DIAGRAM:

CONSTRUCTION NOTES:

DETAIL "B"
DETAIL "C"
NOTE:

GENERAL NOTES:

TRAFFIC SIGNAL PLAN

GARFIELD
AVENUE
VIA CAMPO (35 MPH)
5 2
3 46
7 8

PUSH BUTTON LOCATION
N
1 DETAIL "A"

POLE LOCATION DETAIL
LEGEND :

POLE AND EQUIPMENT SCHEDULE

NO PED CROSSING

USE CROSSWALK
DETAIL "G"

NO PED CROSSING

USE CROSSWALK
DETAIL "E"

SIGN (SINGLE FACE)

NO PED CROSSING

USE CROSSWALK
DETAIL "F"

SIGN (SINGLE FACE)

CONDUCTOR SCHEDULE
(35MPH)
SIGN
DETAIL "D"
(DOUBLE FACE)
VIA CAMPO (35 MPH)
HSIP CYCLE 7 PROJECT
VARIOUS INTERSECTIONS IMPROVEMENTS (FY 20-21)

INFRASTRUCTURE
ENGINEERS 6
UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:

CITY OF MONTEBELLO

ENGINEERING DIVISION

INFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
Y. RAHI
07/13/21
S. MOUSAVI
S. MOUSAVI

TRAFFIC SIGNAL MODIFICATION PLAN FOR

VIA CAMPO AND GARFIELD AVENUE INTERSECTION
TS-2
5

STOP

WHITTIER BOULEVARD

GARFIELD
DETAIL "B"DETAIL "A"

TRAFFIC SIGNAL MODIFICATION PLAN FOR

GARFIELD AVENUE AND WHITTIER BOULEVARD INTERSECTION
HSIP CYCLE 7 PROJECT
VARIOUS INTERSECTIONS IMPROVEMENTS (FY 20-21)

INFRASTRUCTURE
ENGINEERS 6
UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:

CITY OF MONTEBELLO

ENGINEERING DIVISION

INFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

REVISIONS
Y. RAHI
07/13/21
S. MOUSAVI
S. MOUSAVI
1 5
2 3
46 7
8 PUSH BUTTON LOCATION
N
1 2 3 4
5 6 7 8
EXISTING SIGNAL PHASE DIAGRAM:

TRAFFIC SIGNAL PLAN
1 2 3 4
5 6 7 8
PROPOSED SIGNAL PHASE DIAGRAM:

GENERAL NOTES: GENERAL NOTES (CONTINUED):

CONSTRUCTION NOTES:

AVENUE

COUNTY OF LOS ANGELES

CITY OF

MONTEBELLO
LEGEND :

POLE LOCATION DETAIL

CONDUCTOR SCHEDULE

POLE AND EQUIPMENT SCHEDULE
(40 MPH) (30 MPH)
(40 MPH)(35 MPH)
DETAIL "C"

LEFT TURN
YIELD

ON GREEN
TS-3
6

CITY OF MONTEBELLO

CALIFORNIA

CONTRACT DOCUMENTS

SPECIFICATIONS AND STANDARD DRAWINGS
FOR
HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS
FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)
Published: June 27, 2024
PREPARED BY:
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: 714-940-0100 Fax: 714-940-0700
Infrastructure Engineers Project No. 1360.269
Approved By:
_______________________________ ___________________
Kevork Tcharkhoutian, P.E. Date
City Engineer
RCE No. 44598
Expiration: March 31,2026
Bid Opening: July 25, 2024 Date at 11:00 AM

ATTACHMENT C

A-1
HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

BID SCHEDULE

• Bid Period - June 27, 2024 – July 25, 2024
• Bid Opening - July 25, 2024 at 11:00AM

Proposals will be received at the office of the City Clerk, City Hall, City of Montebello, and 1600 West Beverly Boulevard, Montebello, California 90640 until 11:00 AM on July 25, 2024.

A-2

CITY OF MONTEBELLO

CALIFORNIA

TO PROSPECTIVE BIDDERS:

The City of Montebello invites you to become a prospective bidder on one of its public projects.

It is the City’s intention to provide you with thorough and complete information regarding this project and to present an accurate description of the necessary work so that you may successfully bid and construct the project.

Submittal of your bid assumes that you have made a thorough and complete investigation of the project site and that you have discovered no apparent discrepancies between the scope of work set forth in the plans and specifications and the actual field conditions.

If there are any questions regarding this project, please contact the City Engineer’s office at (323) 887-1200, ext. 462.

Kevork Tcharkhoutian, P.E.

City Engineer

A-3
HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

TABLE OF CONTENTS

NOTICE TO BIDDER A-4

NOTICE INVITING SEALED BIDS A-5 to A-7

INSTRUCTIONS TO BIDDERS B-1 to B-3

PROPOSAL C-1 to C-21

STANDARD PUBLIC WORKS AGREEMENT D-1 to D-18

SPECIAL PROVISIONS GP-1 to BD-29

PART 1 - GENERAL PROVISIONS GP-3 to GP-39

PART 9 – BID ITEM DESCRIPTIONS BD-1 to BD-29

LIST OF STANDARD PLANS APPENDIX “A”

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) APPENDIX “B”

CONTRACTOR REGISTRATION NUMBER FORM

FEDERAL LANGUAGE REQUIREMENTS APPENDIX “C”

PUBLIC IMPROVEMENT PROJECT SIGN APPENDIX “D”

FEDERAL FORM FHWA 1273 APPENDIX “E”

PREVAILING WAGES APPENDIX “F”

A-4

NOTICE TO BIDDER

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

FEDERAL REQUIREMENTS

All of the following forms must be submitted with the bid:

Required Federal-AID Contract Language (Exhibit 12-G)
Federal Requirements for Federal-Aid Construction Projects (Exhibit 12-E attachment A) Equal Employment Opportunity Certification (Exhibit 12-H) Non-Collusion Affidavit (Exhibit 12-H)
Debarment and Suspension Certification (Exhibit 12-H)
Non-Lobbying Certification for Federal-Aid Contracts (Exhibit 12-H) Disclosure of Lobbying Activities (Exhibit 12-H)
Bidder’s List of Subcontractors (DBE and Non-DBE) (Exhibit 12-B) Local Agency Bidder-DBE Information (Exhibit 15-G)
UDBE Information – Good Faith Efforts (Exhibit 15-H)
Subcontracting Request (Exhibit 16-B)
Monthly DBE Trucking Verification (Exhibit 16-Z)
Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors (Exhibit 17-F)
Disadvantaged Business Enterprises (DBE) Certification Status Change (Exhibit 17-O)

A-5

NOTICE INVITING SEALED BIDS

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites sealed bids for the above stated project and will receive such bids in the offices of the City Clerk, 1600 West Beverly Boulevard, Montebello, California 90640, up to the hour of 11:00 a.m. on July 25, 2024. They will be publicly opened in the City Council Chambers shortly after 11:00 a.m. on the above-mentioned date.

SCOPE OF WORK: The work to be performed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project (Phase 3). It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the Project Manual and the latest edition of the Standard Plans for Public Works Construction (SPPWC) and the Standard A-2 Specifications for Public Works Construction “Greenbook” and all other standard specifications referenced in the Contract Documents.

Copies of the contract documents are available on Planet Bids.

PREVAILING WAGE : Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the St ate of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Engineer, 201 North “D” Street, San Bernardino, California, and ar e available to any interested party on request. The City also shall cause a copy of such determinations to be posted at the job site.

Pursuant to Labor Code § 1775, the Contractor shall forfeit, as penalty to the City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code.

A-6
In accordance with the provisions of § 1777.5 of the Labor Code, as amended, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work.

Attention is directed to the provisions in §§ 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.

SUBCONTRACTED WORK: The name, Contractor License Number and location of business of any subcontractor who will perform work exceeding 1/2 of 1% of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater, must be submitted with the bid. Any other information regarding the foregoing subcontractors that is required by City to be submitted may be submitted with the bid or may be submitted to City up to 24 hours after the deadline established herein for receipt of bids. The additional information must be submitted by the bidder to the same address and in the same form applicable to the initial submission of bid.

INELIGIBLE SUBCONTRACTORS: The successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1999.1 or 1777.7 of the Labor Code.

Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE Regulations in their entirety are incorporated herein by this reference. See Form FHWA 1273 in the Federal-Aid Requirements Section of this Specification.

This is a federally assisted contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts which will be enforced. In the event of a conflict between the Federal and State wage rates, the higher of two will prevail.

This project is subject to Title 49, Code of Federal Regulations Part 26 (49 CFR 26) entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” The City of Montebello is implementing new Disadvantaged Business Enterprise requirements for Underutilized Disadvantaged Business Enterprises (UDBE) subject to Title 49, Code of Federal Regulations part 26 (49 CFR 26.5) In order to ensure Caltrans achieves its federally manda ted statewide overall D BE goal, the City of Montebello encourages the participation of Disadvantaged Business Enterprises (DBEs), and Underutilized Disadvantaged Business Enterprises (UDBE) as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with Federal funds. The Contractor shall not discriminate on the basis of race, color, national origin, ancestry, sex, marital status, or religion in the award and performance of subcontracts.

The Montebello City’s DBE Contract Goal for this Project is 10%.

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

A-7

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix “B” and submit it with the sealed Bid.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, marital status or religion in any consideration leading to the award of contract.

In entering into a public works contract, or subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or the Subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) of under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work contract or the subcontract. This assignment shall be made and become effective as the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

Bids must be prepared on the approved Proposal forms in conformance with the “Instructions to Bidders” and submitted in a sealed envelope plainly marked on the outside. The bid must be accompanied by certified or cashier’s check, or bidder’s bond, made payable to the AGENCY for an amount no less than ten percent of the amount bid.

Bidders must hold a valid California Class A Contractor’s License.

No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of the Business and Professions Code. The successful Contractor and his subcontractors will be required to possess business licenses from the City.

The AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 9-3.2 of these Specifications. The Contractor may substitute an escrow holder surety of equal value to the retention and the Contractor shall be beneficial owner of the surety and shall receive any interest thereon.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a period of sixty (60) days.

The total contract period for this project is One Hundred Twenty (120) working days from the effective date of the Notice -to-Proceed to be issued by the City. The working days will be split into two phases. Phase I, Procurement Phase, Notice -to-Proceed wi ll be issued for awarded recipient to purchase equipment approximately 12-16 weeks. Phase II, Construction Phase, Notice

A-8
to proceed will be issued thirty (30) working days prior to scheduled delivery date of poles/equipment, then forty (40) working days to complete construction including five (5) working days as move-in period.

BY ORDER OF: The City of Montebello, California
____________________________________
Kimberly Guillen, Senior Deputy City Clerk

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INSTRUCTIONS TO BIDDERS

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

GENERAL INFORMATION

ELECTRONIC proposals, including all documents required to be submitted with the bid, will be received at the office of the Montebello City Clerk of said City until the date and time specified in the legal notice or addendum to the project documents, whiche ver occurs latest, for the construction of work described in the project documents or said legal notice. The ELECTRONIC proposals will be opened and publicly read by the City Clerk and City Engineer, or their respective designees, in the Council Chambers, or other designated location, at the City of Montebello, City Hall, Montebello, California.

ONLY ELECTRONIC PROPOSALS ARE ACCEPTED.

In addition to the “ELECTRONIC” uploading of Proposal Documents described in the ‘INVITATION TO BIDDERS’, the fully executed original Bid Bond shall be delivered to the Montebello City Clerk on or before the actual bid opening day and time.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

No contractor or subcontractor may be listed on a bid proposal for a Public Works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

No contractor or subcontractor may be awarded a contract for public work on a Public Works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

PROPOSAL FORMS

Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements.

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PROPOSAL GUARANTEE

Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier’s check or bid bond payable to the AGENCY in the amount not less than ten percent of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. Th e proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.

DELIVERY OF PROPOSAL

Proposal shall be titled, “HSIP CYCLE 7 VARIOUS INTERSECTIONS IMPROVEMENTS, FY 2020/2021 C.P. No. 851 , FEDERAL ID: HSIPL -5247(024), IN THE CITY OF MONTEBELLO.” Only electronic proposals are accepted. Late proposals will not be considered.

WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY’s designated official prior to the bid -opening hour stipulated in the Notice Inviting Sealed Bids. Proposals may not be withdrawn after s aid hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

IRREGULAR PROPOSALS

Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested.

No oral, telegraphic, telephonic, facsimile or electronic proposal, modification or withdrawal will be considered.

TAXES

No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable.

DISQUALIFICATION OF BIDDERS

In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with th e provisions of the State Business and Professions Code.

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DISCREPANCIES AND MISUNDERSTANDINGS

Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed.

No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory complet ion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.

EQUIVALENT MATERIALS

Although the bidder may believe that by use of a different material than that specified on/in the plans and specifications, a lower cost project/bid may result. The bidder is to bid the project on the basis of using the material(s) as named keeping in min d that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he consider to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Cont ractor may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the AGENCY allowing the use of the Contractor proposed equal that a change in the contract amount may result.

LEGAL RESPONSIBILITIES

All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith.

AWARD OF CONTRACT

The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to accept or reject any or all proposals, to waive any irregularity, and to make an award as may best serve the interests of the AGENCY.

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PROPOSAL

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

TO THE CITY OF MONTEBELLO, as AGENCY

In accordance with AGENCY’s Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal. Th is bid may not be withdrawn within a period of sixty (60) days after the date of its proper opening by the City.

BIDDER understands that a bid is required for the entire work and that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE

AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’s default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the AGENCY’s notice of award of contract to the lowest responsive BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY’S option, be considered null and void.

The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will

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correspond therewith, but reserve s the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the engineer. All bids will be compared on the basis of the Engineer’s estimated quantities of work to be performed.

The contractor’s attention is directed to both sec. 7-3.5.2 “Increases of more than 25 percent” and sec. 7-3.5.3 “Decreases of more than 25 percent” of the Standard Specifications which have been eliminated and are replaced by the following:

No adjustments for any unit bid price for any quantity that will vary by more than 25% will be allowed.

The bidder agrees that in case of not executing the required contract with necessary bonds within ten (10) working days, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of Montebello.

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BID PROPOSAL

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

The undersigned declares he has carefully examined the locations of the proposed work, the Plans, Special Provisions, and Contract Documents; and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, here by proposes to furnish all labor, materials, tools, equipment, and incidentals, to complete all the work. All of the aforementioned shall be done in accordance with said Plans, Special Provisions, and the most current editions, including all amendments at bid opening of the:
1) City of Montebello Standard Specifications for Public Improvements, 2) Standard Specifications and the Standard Plans of the State of California Department of Transportation,
3) The Contractor shall provide construction survey and construction staking to establish grades per plans, furnish all labor, materials, equipment to complete the required surveying task at no extra cost to the City.
4) All cost involved in construction survey shall be included in the various contract items of work and no additional compensation will be allowed therefore. 5) California Manual of Uniform Traffic Control Devices, and Contract Documents for the price set forth in the following schedule:

Construct improvements as reiterated above, located in the City of Montebello, California, in accordance with the specifications for the unit price set forth in the following items:

BASE BID ITEMS:

ITEM
NO. DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENDED
AMOUNT
1 Mobilization/ Demobilization (Not to exceed
3% of total of all other prime contract Bid
Items)
LS 1 $ $
2 Provide Traffic Control Plans Prepared by
a CE or TE to be approved by the City and
Implemented By the Contractor During
Construction
LS 1 $ $
3 Sawcut and Remove Existing Concrete
Curb Ramp EA 6 $ $

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ITEM
NO. DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENDED
AMOUNT
4 Remove and Salvage Existing Signs and
Post EA 6 $ $
5 Remove and Salvage Existing Sign EA 4 $ $
6 Construct Concrete Curb Ramp EA 6 $ $
7 Install New Sign EA 21 $ $
8 Coordination with Redflex to Upgrade and
Modify the Red-Light Cameras for the
Intersection of Garfield Avenue and Via
Campo
LS 1 $ $
9 Furnish and Install Traffic Signal System
Upgrade for the Intersection of Garfield
Avenue and Whittier Boulevard
LS 1 $ $
10 Furnish and Install Traffic Signal System
Upgrade for the Intersection of Garfield
Avenue and Via Campo
LS 1 $ $
11 Furnish and Install Traffic Signal System
Upgrade for the Intersection of Via Campo
and Findlay Avenue
LS 1 $ $
12 Install Public Improvement Project Signs EA 6 $ $
13 Install Handrail Barricade with New Signs EA 4 $ $
14 Traffic Signing, Striping, Markings and
Curb Painting LS 1 $ $
TOTAL AMOUNT BID IN FIGURES $

TOTAL AMOUNT BID IN WORDS _____________________________________________

_____________________________________________________________________________

_______________________________________________________________________.

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

All work of this project shall be completed within One Hundred Twenty (120) working days from the effective date of the Notice -to-Proceed to be issued by the City. The working days will be split into two phases. Phase I, Procurement Phase, Notice -to-Proceed will be issued for awarded recipient to purchase equipment approximately 12 -16 weeks. Phase II, Construction Phase, Notice to proceed will be issued thirty (30) working days prior to scheduled delivery date of poles/equipment, five (5) working days as mobilization period and thirty five (35) working days for construction and completion of the project.

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RECEIPT OF ADDENDUM NO(S). __, __, __, IS/ARE HEREBY ACKNOWLEDGED.

Before signing the contract, the lowest responsible bidder shall furnish all necessary bonds within ten (10) days after receiving the Contract notification. This bid is based upon completing the work in sixty (120) working days from the date of the Notice to Proceed.

After opening bids, the City will contact the lowest responsive/responsible bidder and inform him/her to submit signed contract, and required bonds and insurances to the City within ten (10) calendar days. These signed documents will be included in the Ci ty Council report to award the contract at the City Council Meeting to the lowest monetary bidder who will be determined by the Total Lump Sum Bid amount indicated above. Upon approval of the contract by City Council, the City will issue the “Notice to Proceed with Construction”. _____________________________________________________________________ Enclosed is a Bidder's Bond, Certified Check or Cashier's Check number ________ on

the ____________________________ Bank, which is not less than ten percent (10%), as a guarantee that the undersigned will enter into the Contract if awarded to the undersigned. The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance, within the time limits above spec ified, said bond or check and the money payable therein shall be forfeited to and become the property of the City of Montebello, State of California.

SIGNATURE OF BIDDER _______________________ TEL NO. (____)____________

BUSINESS ADDRESS ________________________________________________ ----------------------------------------------------------------------------------------------------------------

CONTRACTOR'S LICENSE
NUMBER & EXPIRATION DATE ___________________________________________

TYPE OF LICENSE ___________________________________________

I declare under penalty of perjury that the foregoing is true and correct.

______________________________, Dated this ___ day of _ _________, 20__.

CONTRACTOR'S SIGNATURE
-------------------------------------------------------------------------------------------------------------------

SURETY COMPANY'S ___________________________________________ NAME

___________________________________________

ADDRESS

___________________________________________

CITY STATE / ZIP CODE

(_____) _________________ _(____)_____________

PHONE FAX

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DESIGNATION OF SUBCONTRACTORS
California Public Contract Code 6109

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

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

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

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

California Public Contract Code 7104

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

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Bidder’s List of subcontractor

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

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

Subcontractor Name and Location
Line Item # &
Description
Subcontract
Amount
Percentage of Bid Item
Subcontracted
Contractor License
Number
DIR Reg Number
Name:

_______________________________________
City, State

Name:

_______________________________________
City, State

Name:

_______________________________________
City, State

Name:

_______________________________________
City, State

Name:

_______________________________________
City, State

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REFERENCES

The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years:

1. __________________________________________________________________________ Name and Address of Agency

__________________________________________________________________________ Name and telephone number of person familiar with project

__________________________________________________________________________ Contract amount Type of work Date completed

2. __________________________________________________________________________ Name and Address of Agency

__________________________________________________________________________ Name and telephone number of person familiar with project __________________________________________________________________________ Contract amount Type of work Date completed

3. __________________________________________________________________________ Name and Address of Agency

_________________________________________________________________________ Name and telephone number of person familiar with project

_________________________________________________________________________ Contract amount Type of work Date completed

The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF

THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

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

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

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

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

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PUBLIC CONTRACT CODE

Public Contract Code Section 10285.1 Statement

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

under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted

within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided.

The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire

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

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

Yes _____ No _____

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

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Public Contract Code 10232 Statement

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

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

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

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

To the CITY / COUNTY of _________________________________________ DEPARTMENT OF PUBLIC WORKS.

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

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

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

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NON-COLLUSION AFFIDAVIT

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

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

______________________________

______________________________

______________________________

______________________________
(Fill in description of contract)

______________________________
Company

______________________________
Name of Bidder

______________________________
Signature of Bidder

______________________________
Business Address

______________________________
City StateZip Code

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

______________________________
Notary Public in and for the County of

______________________________, State of California.

My Commission Expires ___________________, 20__ __.

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DEBARMENT AND SUSPENSION CERTIFICATION

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

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

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

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

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

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

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NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

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

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

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

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

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

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

a. contract

a. bid/offer/application

a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year _____ quarter _________
f. loan insurance date of last report __________

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

Prime Subawardee
Tier _______ , if known

Congressional District, if known Congressional District, if known

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

CFDA Number, if applicable ___________________

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

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

(attach Continuation Sheet(s) if necessary)

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

$ _____________ actual planned a. retainer
b. one-time fee

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

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

(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

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

Signature: ________________________________ ________

Print Name: ________________________________ ______

Title: ________________________________ ____________

Telephone No.: _____________________ Date: __________

Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL

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INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.

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

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

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

2. Identify the status of the covered Federal action.

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

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

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

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

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

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

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

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

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

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

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

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

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

Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

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

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

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

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Note: The standard printed bid bond form of any bonding company acceptable to the City of Montebello may be used in lieu of the following approved sample bond form, provided the security stipulations protecting the City of Montebello are not in any way reduced by use of the surety company’s printed standard form.

PROPOSAL GUARANTEE

BID BOND

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

KNOW ALL MEN BY THESE PRESENTS that ______________________________________ ______________________________________________, as BIDDER, and ________________ ______________________________________________, as SURETY, are held and firmly bound unto the City of Montebello, as AGENCY, in the penal sum of _____________________ ______________________________________________________________________________ ____________________________ dollars ($_________________), which is ten percent of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly be these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals, this _______ day of ______________, 20____.

BIDDER* _____________________________________________________________________ ______________________________________________________________________________

SURETY*_____________________________________________________________________

Subscribed and sworn to this _______ day of __________________, 20____.

NOTARY PUBLIC _____________________________________________________________ *Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.

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BIDDER’S VIOLATION OF LAW/SAFETY QUESTIONNAIRE

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE

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

Yes_________ No_________

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

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Note: The following is to be used in case cash, a cashier’s check or a certified check accompanies the proposal.

PROPOSAL GUARANTEE
CASH, CASHIER’S CHECK, OR CERTIFIED CHECK

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

Accompanying this proposal is a certified check , a cashier’s check, or bidder’s bond payable to the order of the City of Montebello, or cash in the amount of _____________________________ _____________________________________________________________________________ _______________________________________________________________________ Dollars ($_____________________). The proceeds of the same shall become the property of said City if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract, with and furnish the insurance and bonds required by the City of Montebello within the specified time; otherwise, the same is to be returned to the undersigned as set forth in the Instructions to Bidders.

__________________________________

__________________________________
Bidder

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CITY OF MONTEBELLO

STANDARD PUBLIC WORKS AGREEMENT

THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is dated ________________________ for reference purposes only and is made and entered into by and between the CITY OF MONTEBELLO, a Municipal corporation (the “ CITY”) and _____________________(“CONTRACTOR”) whose address is
__________________________________________________.

SEC. 1. RECITALS

WHEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before ________________________________ on ______________________________________. for the work of _________________________(describe work), (“PROJECT”).

WHEREAS, on ___________________________, the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT.

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

SEC. 2. CONTRACT DOCUMENTS.

A. The CONTRACT DOCUMENTS for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Addendums, General Specifications and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, and insurance certificates . All of the “Contract Documents” are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be execute d the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.

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

1. This AGREEMENT

2. Appendices

3. Standard drawings

4. Details

5. Special Provisions, if any

6. Addendums

7. General Specifications and all referenced specifications

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8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids

SEC. 3. THE WORK.

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

SEC. 4. COMPENSATION.

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

Sec. 4.1. Progress Payments
Progress Payments shall be made in accordance with section ________ of the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contracts Code Section 20104.5. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven d ays of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receip t of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.

Sec. 4.2. Retention of Funds
Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the contract price in proportion to the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%)

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thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council, after CONTRACTOR shall have furnished CITY with a release of all undisputed contract amounts, if required by CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

Sec. 4.3. Substitution of Securities.

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

SEC. 5. UNDOCUMENTED WORKERS.

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

SEC. 6. NOTICE TO PROCEED.

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within one hundred twenty (120) Working Days from the commencement thereof.

SEC. 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS.

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

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

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

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

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

C. CITY shall promptly investigate the reported conditions. If CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will ca use a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the work, then CITY shall issue a change order.

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

SEC. 8. MISCELLANEOUS STATUTORY REQUIREMENTS

Sec. 8.1. Contractor License.

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

Sec. 8.2. Ineligible Contractor Prohibited.

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

Sec. 8.3. Compliance with SB 854 Registration.

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

Sec. 8.4. Trench and Pipeline Safety.

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

Sec. 8.5. Utility Relocation.

CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. CITY shall

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reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work.

CONTRACTOR shall not be assessed liquidated dam ages for delay arising from the removal or relocation of such unidentified utility facilities.

Sec. 8.6. Third Party Claims Notification.

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

Sec. 8.7. Unfair Business Practices Claims.

The CONTRACTOR or subcontractor offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Chapter 2, (commencin g with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the CITY renders final payment to the CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).

Sec. 8.8. Day’s Work.

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

Sec. 8.9. Payroll Records.

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

Sec. 8.10. Employment of Apprentices.

Nothing in this Contract prevents CONTRACTOR or any subcontractor from employing properly registered apprentices in the execution of the Contract. CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under app renticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.

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

SEC. 9. PREVAILING WAGES

A. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County.

Wage rates shall conform with those posted at __________________ and the Project site.

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SEC. 10. INDEMNITY, DEFENSE AND HOLD HARMLESS

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

B. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty,

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or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

SEC. 11. BONDS.

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

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

SEC. 12. INSURANCE REQUIREMENTS.

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

SEC. 13. LIQUIDATED DAMAGES.

See Section 6-9 Liquidated Damages of the General Provisions. In addition, pursuant to the authority of California Public Contracts Code Section 7102, CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by CITY. Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties sh all be liable to the CONTRACTOR for the sum of three thousand two hundred ($3,200.00) as liquidated damages for each working day of delay in the performance of any service required hereunder

SEC. 14. DISPUTE RESOLUTION

Sec. 14.1. Claims of $375,000 or Less

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A. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contracts Code Sections 21040-21040.4. A summary of Sections 21040-21040.4 are as follows:

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

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

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

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

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

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

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

SEC. 15. TERMINATION.

Sec. 15.1. Termination for Convenience.

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

Sec. 15.2 Termination for Default.

If at any time the CONTRACTOR is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the CITY, and will be served upon the

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CONTRACTOR and its sureties. If the CONTRACTOR continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Contract for this Project.

Sec. 15.3 Waiver of Remedies for any Breach.

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

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

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

SEC. 17. COMPLIANCE WITH APPLICABLE LAWS.

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

SEC. 18. NOTICE OF COMPLETION.

Upon completion of the PROJECT and acceptance of same by the City Council, the CITY Administrator shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after sixty (60) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

SEC. 19. AUTHORITY.

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

SEC. 20. ENTIRE CONTRACT.

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

SEC. 21. ATTORNEY’S FEES AND COSTS.

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

SEC. 22. INDEPENDENT CONTRACTOR.

The CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor.

Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTORs’ officers, employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY, nor shall CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Contract.

SEC. 23. NOTICE.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S . Mail, prepaid, first -class mail, return receipt requested, addressed as follows:

To CITY: City of Montebello
Attention: City Engineer

To CONTRACTOR: ____________________________
____________________________
____________________________
____________________________

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SEC. 24. PROHIBITION AGAINST ASSIGNMENT.

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

SEC. 25. CUMULATIVE REMEDIES.

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

SEC. 26. COUNTERPARTS.

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

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

CITY OF MONTEBELLO

By: ___________________________________
Mayor

Date: _________________________________

ATTEST:

______________________________________
City Clerk

APPROVED AS TO FORM

_______________________________________
City Attorney

CONTRACTOR

By: ___________________________________

Date:
__________________________________

By: ___________________________________

Date:
__________________________________

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EXHIBIT “A”

INSURANCE REQUIREMENTS

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

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

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

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

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

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

If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit.

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

2. Automobile Liability.

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

3. Worker's Compensation.

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

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4. Additional Insureds.

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

5. Notice of Cancellation.

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

6. Severability Clause.

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

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

7. Qualifications of Insurer.

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

8. Approval of Insurer.

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

9. Payment of Premiums.

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

10. Evidence of Insurance and Claims.

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

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(Use of City Bond Form is Required)

EXHIBIT “B”
Faithful Performance Bond

FAITHFUL PERFORMANCE BOND

PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same

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

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

Principal

By: __________________________________

Title: ________________________________

Surety

By: __________________________________

Title: ________________________________

Date: ________________________________

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

--OR--

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

State of California )
)
County of ___________________________ )

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

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)
-- AND –

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

APPROVED AS TO FORM:
_________________________
City Attorney

D-16
EXHIBIT “C”
Labor and Materials Payment Bond

(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its subcontractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020

D-17
of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

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

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

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

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

Principal

By: _________________________________

Title: ________________________________

Surety

By: _________________________________

Title: ________________________________

Date: ________________________________

Date: ________________________________

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

--OR--

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

State of California )
)
County of ___________________________ )

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

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

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

APPROVED AS TO FORM:

________________________
City Attorney

GP-1

SPECIAL PROVISIONS

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

TABLE OF CONTENTS

PART 1 GENERAL PROVISIONS
(NOTE: SECTION NUMBERS CORRESPOND TO THE STANDARD SPECIFICATIONS)

SECTION PAGE

1. GENERAL GP-3

2. SCOPE OF THE WORK GP-12

3. CONTROL OF THE WORK GP-14

4. CONTROL OF MATERIALS GP-17

5. LEGAL RELATIONS AND RESPONSIBILITIES GP-18

6. PROSECUTION AND PROGRESS OF THE WORK GP-21

7. MEASUREMENT AND PAYMENT GP-22

8. FACILITIES FOR AGENCY PERSONNEL GP-30

9. CITY STANDARDS, STANDARD PLANS & DRAWINGS GP-30

10. CLAIMS AND PROTEST GP-31

PART 4 EXISTING IMPROVEMENTS

400 PROTECTION AND RESTORATION GP-33
402 UTILITIES GP-35

PART 6 TEMPORARY TRAFFIC CONTROL

600 ACCESS GP-37
601 TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES
GP-38

PART 9 BID ITEM DESCRIPTIONS

BID ITEMS PAGE
1 Mobilization/ Demobilization (Not to exceed 3% of total of all other prime contract Bid Items) BD-1
BID

ITEMS PAGE

GP-2
2 Provide Traffic Control Plans Prepared by a CE or TE to be Approved By the City and Implemented During Construction by the Contractor BD-3 3 Sawcut and Remove Existing Concrete Curb Ramp BD-7
4 Remove and Salvage Existing Signs and Post BD-8
5 Remove and Salvage Existing Sign BD-8
6 Remove Existing Ramps and Construct Concrete Curb Ramp BD-9 7 Install New Sign BD-9
8 Coordination with Redflex to Upgrade and Modify the Red-Light Cameras for the Intersection of Garfield Avenue and Via Campo BD-12 9 Furnish and Install Traffic Signal System Upgrade for the Intersection of Garfield Avenue and Whittier Boulevard BD-13
10 Furnish and Install Traffic Signal System Upgrade for the Intersection of Garfield Avenue and Via Campo BD-13
11 Furnish and Install Traffic Signal System Upgrade for the Intersection of Via Campo and Findlay Avenue BD-13
12 Install Public Improvement Project Signs BD-23
13 Install Handrail Barricade with New Signs BD-24
14 Traffic Signing, Striping, Markings and Curb Painting BD-25

GP-3

SPECIAL PROVISIONS

FOR

HSIP CYCLE 7

VARIOUS INTERSECTIONS IMPROVEMENTS

FY 2024/2025
C.P. No. 851
FEDERAL ID: HSIPL-5247(024)

IN THE CITY OF MONTEBELLO

Except as otherwise provided in the Plans, Special Provisions, Special Specifications, or as modified herein, the work embraced herein shall be done in accordance with the appropriate provisions of the Standard Specifications for Public Works Construction , “Green Book”, 2018 Edition, which are hereinafter referred to as the Standard Specifications.

The intention of the contract documents is to include all plant labor, services, materials, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore, as provided in the contract documents for the proper execution and completion of the work on the project in strict accordance with the plans and specifications.

The Standard Specifications and Standard Plans of the AGENCY are contained in the 2018 Edition, and applicable amendments to, of the Standard Specifications for Public Works Construction (SSPWC) and Standard Plans for Public Works Construction (SPPWC). Copies of these Standard Specifications and Plans are available from the publisher, Building News, Incorporated, 1612 South Clementine Street, Anaheim, CA 92802, telephone (714) 517-0970.

The AGENCY also uses the Standard Specifications and plans of the State of California Department of Transportation (Caltrans) which Standard Specifications and Plans are available from Caltrans District 7, Los Angeles or Caltrans Office in Sacramento.

The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers of the Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring elaboration, amendment, specifying of options, or additions are called out.

PART 1 – GENERAL PROVISIONS

SECTION 1 – GENERAL

1-2 TERMS AND DEFINITIONS.

In addition to the terms and definitions of subsection 1-2, whenever in the contract documents the following terms are used, they shall be understood to mean and refer to the following:

GP-4
ALLOWABLE COSTS means those costs not covered by agreed unit prices, which are to be used in calculating adjustments to the Contract Sum.

ALLOWABLE MARKUPS means the percentage of markups for Work not covered by agree unit prices, which are to be used in calculating adjustments to the Contract Sum.

APPLICABLE LAWS means all applicable federal, state and municipal laws (legal and equitable), statutes, building codes, ordinances, regulations and lawful orders (including, without limitation, the City acting in its regulatory capacity) having jurisdiction over the Project, Work, Site, City, or Contractor (including, without limitation, Environmental Laws) and all ordinances, rules and regulations enacted by City. In the event of a conflict between or among Applicable Laws governing Contractor’s performance of the Work, the more stringent shall apply.

APPLICATION FOR PAYMENT means Contractor’s certified application for payment for Work in accordance with the Contract Documents.

ARCHITECT means the individual or firm under contract with City primarily responsible to provide design, engineering and related construction administration for the Project.

BOARD: CITY COUNCIL of the CITY OF MONTEBELLO

BIDDING DOCUMENTS means the following collection of documents prepared and issued for the purpose of soliciting Bids for the Work: (1) Invitation to Submit Bids, (2) Instructions to Bidders, (3) Bid Forms, (4) Construction Contract, (5) Special Provisions , (6) Drawings and Schedules, (7) Details, (8) Addenda(s), and (9) those documents, or those portions or provisions of documents that, although not listed among the documents described in Clauses (1) through (8) hereinabove, are expressly cross-referenced therein or attached thereto.

CERTIFICATE FOR PAYMENT means the statement from the Engineer certifying both the undisputed amount of money due to Contractor and the amount of money, if any, that are disputed upon an Application for Payment.

CHANGE means a modification, change, addition, substitution or deletion in the Work or in Contractor’s means, methods, manner, time or sequence of performing the Work arising from any cause or circumstances, including, without limitation, either directly a t the request of City or constructively by reason of other circumstances. Use of the term “Change,” in any context, in the Contract Documents shall not be interpreted as implying that Contractor is entitled to an adjustment increasing the Contract Sum or extending the Contract Time on any basis other than for Compensable Change or Compensable Delay.

CHANGE ORDER means a written instrument, signed by City and Contractor in accordance with the requirements of the General Conditions, designating any work that is a change of scope requiring additional expenditure of materials and labor and/or requiring ad ditional time to complete. Its purpose is to establish the terms of City and Contractor’s mutual agreement to an adjustment of the Contract Sum or Contract Time on account of Compensable Change, Deleted Work, Compensable Delay or Excusable Delay.

GP-5
CHANGE ORDER REQUEST means Contractor’s written request for an adjustment in the Contract Sum and/or Contract Time due to a Compensable Change, Compensable Delay or Deleted Work.

CITY means the City of Montebello, a municipal corporation organized under the laws of the State of California, acting through the City Council or other representatives duly authorized by the City Council to act on City’s behalf.

CITY CONSULTANT means the designated Consultant, other than the Architect, engaged by City (or engaged as a subconsultant to the Architect or Consultant) to provide professional advice with respect to the design, construction or management of the Project.

CITY COUNCIL means the City Council of the City of Montebello.

CLAIM means a written demand or assertion by City or Contractor seeking, as a matter of right, an interpretation of contract, payment of money, recovery of damages or other relief. A CLAIM does not include the following: (1) a tort claims for personal injury or death, (2) stop notice claims, (3) the right of City to specific performance or injunctive relief to compel performance, or (4) any rights remedies, administrative action, and/or penalties that the City has under applicable law.

CLOSE-OUT DOCUMENTS means the warranties, guarantees, maintenance and operations manuals that, along with electronic versions, are required to be delivered by Contractor to the City upon Final Completion of the Project Work.

COMPENSABLE CHANGE means Extra Work: (1) that is the result of (a) Differing Site Conditions, or (b) revisions in Applicable Laws enacted after the execution of the Construction Contract by City and Contractor, (c) a Change requested in a writing signed by the Engineer, or (d) other circumstances involving a Change in the Work or which Contractor is given under the Contract Documents a specific and express right to adjustment of the Contract sum; and (2) that is not caused, in whole or part, by the negligen ce or willful misconduct of Contractor or a Subcontractor of any Tier or a failure to comply with Contractor’s obligations under the Contract Documents; and (3) for which an adjustment to the Contract Sum is not prohibited by nor waived under the terms of the Contract Documents; and (4) that if performed would require Contractor to incur additional and unforeseeable Allowable Costs that would not have been required to be incurred in the absence of such Extra Work.

COMPENSABLE DELAY means a Delay to the critical path of activities affecting Contractor’s ability to achieve Final Completion of the Project Work within the Contract Time, not caused, in whole or in part, by the negligence or willful misconduct of Contract or or a Subcontractor or any Tier or a failure to comply with Contractor’s obligations under the Contract Documents, and that is caused solely by any of the following: (1) a Compensable Change, (2) the active negligence of City, Engineer, Architect, City C onsultant or a Separate Contractor, or (3) other circumstances involving Delay for which Contractor is given under the Contract Documents a specific and express right to both an adjustment of the Contract Sum and/or Contract Time.

COMPLETION PUNCH LIST means the list of items of Work to be completed or corrected by Contractor for Final Completion of the Project Work.

GP-6
CONSEQUENTIAL DAMAGES means damages incurred by either City or Contractor for loss of use, loss of profit or income, loss of revenue, lost opportunity, additional or unabsorbed overhead, loss of management or services, loss of productivity, loss of financing or funding, loss of business reputation, loss of bonding and all similar indirect, economic damages that are caused as a result of either Delay or that result from a termination or suspension (for default or convenience) of all or any portion of the Construction Contract or the Work. Consequential Damages do not include direct or indirect damage or injury to persons or tangible property, including without limitation, the repair or replacement of tangible property damaged or lost.

CONSTRUCTION CONTRACT means the written contract contained in the Bidding Documents and executed between City and Contractor for the Work.

CONTRACT DOCUMENTS means the following collection of documents governing Contractor’s performance of the Work: (1) the Bidding Documents, (2) the Construction Contract between City and Contractor, other terms, conditions and requirements applicable to the performance of the Construction Contract and Work (including General Provisions, any supplemental and Special Provisions and the General Requirements), Drawings, Specifications, Addenda issued prior to execution of the Construction Contract and other documents listed in the Construction Contract and Modifications issued after execution of the Construction Contract, (3) a Change Order signed by both City and Contractor and/or such others, if any, as required by the General Conditions, (4) a Unilateral Change Order signed by City and/or others, if any, as required by the General Conditions, (5) a Field Order signed by City and /or others, if any, as required by the General Conditions, (6) a written order for a Minor Change in the Work issued by the Engineer, and (7) the Declaration of Sufficiency of Funds completed and signed by Contractor.

CONTRACT SUM means the total amount of compensation stated in the Construction Contract, including adjustments authorized by Change Orders or Unilateral Change Orders, that is payable to Contractor for the performance of the Work in accordance with the Contract Documents.

CONTRACT TIME means the total number of working days set forth in the Construction Contract within which Contractor is obligated to submit Materials Confirmations and achieve Completion and Final Completion of the Project Work and/or Project Work, as adjusted for extensions of time permitted under the terms of the Contract Documents and approved by City.

CONTRACTOR means the person or entity under contract with City pursuant to the Construction Contract to serve as the general contractor for construction of the Work.

DAY, whether capitalized or not, and unless otherwise specifically provided, means Monday, Tuesday, Wednesday, Thursday, Friday, and does not include weekends or City recognized legal holidays.

DEFECTIVE WORK means Work by Contractor or a Subcontractor that is unsatisfactory, faulty, omitted, incomplete, deficient or does not conform to Applicable laws, the Contract Documents or the requirements of any inspection, reference standard, test, code o r approval specified in the Contract Documents.

DELAY, whether capitalized or not, means any circumstances involving delay, disruption, hindrance or interference in the performance of the Work.

GP-7
DELETED WORK means work that is eliminated due to a Change requested by City.

DESIGN DOCUMENTS means all plans, drawings, tracings, specifications, programs, reports, calculations, models, presentation materials and other materials or documents containing designs, specifications or engineering information prepared by the Architect, City Consultants, Contractor, Separate Contractors or Subcontractors including, without limitation, computer aided design materials, electronic data files and paper copies. The term “Design Documents” includes, without limitation, all building and other d esigns depicted therein, as well as the written documents themselves.

DIFFERING SITE CONDITION means an unforeseen condition at a Site or in Existing improvements at a Site. Specifically they are those conditions, located at a Site or in Existing Improvements, not otherwise ascertainable by Contractor through the exercise of thorough care and diligence in its inspection of the Sites and Bidding Documents, that constitute: (1) hazardous materials that constitute hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of Applicable Laws; or (2) subsurface or concealed conditions at the Sites or concealed conditions in Existing Improvements which differ materially from those indicated by the Contract Documents or other information available to Contractor prior to submission of the Bid; or (3) unknown physical conditions at the Sites or concealed conditions in Existing improvements of an unusual nature, differing materially from those ordinarily en countered and generally recognized as inherent in the Work of the character provided for in the Contract Documents.

DISCOVERY DATE, used in reference to Contractor’s obligation to give written notice of certain facts, conditions or circumstances, means the earlier of the dates the Contractor either: (1) discovered such facts, conditions or circumstances, or (2) should h ave discovered such facts, conditions or circumstances in the exercise of reasonable care practiced by the general contractors performing public works construction projects in the Southern California area.

DRAWINGS means the graphic and pictorial portions of the Contract Documents prepared by the Architect or a City Consultant showing the design, location and dimensions of the Work, including plans, elevations, details, schedules and diagrams. The term “Dra wings” is used interchangeably with “Plans.”

ENGINEER means the City Engineer or the Public Works Director for City of Montebello acting either directly or through properly authorized agents, acting within the scope of the particular duties entrusted to them.

EXCUSABLE DELAY means a Delay, other than a Compensable Delay, to Contractor’s ability to perform within the Contract Time that is (1) not caused, in whole or in part, by the negligence or willful misconduct of Contractor or a Subcontractor of any Tier or a failure to comply with the obligations of Contractor under the Contract Documents; and (2) is unforeseeable, unavoidable and beyond the control of Contractor and the Subcontractor, of any Tier; and (3) the result of a Force Majeure Event. Without limitation to the foregoing, neither the bankruptcy, insolvency nor financial inability of Contractor or any Subcontractor, nor any failure by a Subcontractor to perform any obligation imposed by contract or Applicable Laws, shall constitute grounds for Excusable Delay.

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EXTRA WORK means Work (other than Work that is either a logical evolution of the Consultant’s detailing, refinement and clarification of the Drawings and Specifications that are part of the Contract Documents or that is reasonably inferable as necessary to satisfy the design intent for a completed and fully operational system, facility or structure) that is not indicated by the Contract Documents, the performance of which requires the expenditure by Contractor of additional and unforeseen Allowable Costs. Reference to Extra Work shall not be interpreted to mean or imply that Contractor is entitled to an adjustment to the Contract Sum or Contract Time unless such Extra Work constitutes a Compensable Change.

FIELD ORDER means a written directive signed by the City and Contractor that: (1) directs the performance of a Minor Change, (2) directs performance of Work or a Change with respect to which there exists a dispute or question regarding adjustment of the Contract Sum or Contract Time, or (3) establishes a mutually agreed basis for compensation to Contractor for a Compensable Change or Deleted Work under circumstances where performance needs to proceed in advance of the Contractor having completed its substantiation and evaluation of the impact thereof on the Contract Sum or Contract Time.

FINAL COMPLETION, FINALLY COMPLETE means (1) with respect to Project Work, the point at which the following conditions have occurred with respect to such Work: (a) the entirety of such Work is fully completed, including all minor corrective, or “punch list ,” items, (b) a permanent and unconditional waiver for the entirety of such Work has been delivered to City, (c) all documents required to be submitted, including without limitation, warranties, guaranties and other Close -Out Documents, (d) such Work and t he related portions of the Site have been thoroughly cleared of all construction debris and cleaned in accordance with the requirements of the Contract Documents, including, but not necessarily limited to where applicable, the following:
removal of tempora ry protections; removal of marks, stains, fingerprints and other soil and dirt from painted, decorated and natural -finished woodwork; removal of spots, plaster, soil and paint from ceramic tile, marble and other finished materials; all surfaces, fixtures, cabinet work and equipment are wiped in accordance with recommendations of the manufacturer; and all stone, tile and resilient floors are cleaned thoroughly in accordance with manufactures recommendations and buff dried by machine to bring the surfaces to sheen, and (d) all conditions set forth in the Contract Documents for completion of such Work have been, and continue to be, fully satisfied; and (2) with respect to the Project Work, the point at which: (a) all of the conditions set forth in Clause (1) of the Paragraph have occurred for each and every Home comprising the Project; and (b) all contractors and subcontractors have been paid and there are no outstanding stop orders claims or claims of any kind that may delay the payment by the City of its ten-percent self-retention monies.

FORCE MAJEURE EVENT means, and is restricted to, any of the following: (1) Acts of God, (2) terrorism or other acts of public enemy, (3) acts or omissions of Governmental Authorities beyond the reasonable foreseeability and control of Contractor, (4) epide mics or quarantine restrictions, (5) strikes, other than those resulting from a violation by Contractor or a Subcontractor of Applicable Laws or applicable collective bargaining agreements, resulting in the unavailability of workers or replacement workers, (6) acts or omissions of the Homeowner that Delay access to a Home or performance of the Work, or (7) unusual shortages in materials that are supported by documented proof that (a) Contractor made every effort to obtain such materials from all available sources located within a reasonable distance of the Site where those materials are to be used in performing the Work, (b) such shortage is due to the fact that such materials are not physically available or could not have been obtained only at exorbitant pr ices entirely inconsistent with current rates taking into account the quantities involved and the usual industry practices in

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obtaining such quantities, and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated at the timed the Construction Contract was entered into.

GENERAL CONDITIONS means the herein set forth general terms and conditions.

HAZARDOUS SUBSTANCE means: (1) any chemical, material or other substance defined as or included within the definition of “hazardous substances,” “hazardous wastes”, “extremely hazardous substances,” “toxic substances”, “toxic material”, “restricted hazardous waste”, “special waste”, “contamination”, or words of similar import under any Environmental Law, including without limitation, the following: petroleum (including crude oil or any fraction thereof), asbestos, asbestos-containing materials, polychlorinated biphenyls (“PCB:”) and PCB-containing materials, whether or not occurring naturally; (2) lead paint, or (3) any substance that because of its quantity, concentration or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment, and which has been determined by any Governmental Authority to be a hazardous waste or hazardous substance.

INSPECTOR OF RECORD means the Inspector responsible, among others, for conducting inspections of Project Work.

LABORATORY means the designated laboratory authorized by the Engineer to test materials and work involved in the contract.

LOSS, LOSSES mean any and all economic and non -economic injuries, losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, fines and penalties. “Losses” do not include attorney’s fees or court costs, whether arising as an expense or cost or legal proceeding to which Contractor is a party or as a consequential damage claimed against Contractor by any third person.

MINOR CHANGE means a Change in the Work that does not involve either performance of Extra Work or an adjustment to the Contract Sum or Contract.

MODIFICATION means a written agreement of City and Contractor that amends, adds to or revises the provisions of the Construction Contract or other Contract Documents.

NOTICE OF COMPLETION means the written notice by Engineer confirming the date that the Project Work is Finally Completed.

NOTICE TO PROCEED means the written notice issued by City to Contractor to begin the Project Work.

PLANS means the graphic and pictorial portions of the Contract Documents prepared by the Architect or a City Consultant showing the design, location and dimensions of the Work, including plans, elevations, details, schedules and diagrams. The term “Plans” is used interchangeably with “Drawings.”

PROGRESS PAYMENTS means a monthly payment of a portion of the Contract Sum based on Contractor’s progress in the performance of the Work.

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PROJECT COMPLETION DATE means the point at which the Project Work is: (1) sufficiently and entirely complete in accordance with Contract Documents so that such Work can be utilized for its intended purpose, (2) receipt by City of all permits and certificates by Governmental Authorities, if any, required to occupy and use such Work, and (3) all systems included in the Work are operational as specified, all designated or requi red inspections and certifications by Governmental Authorities have been made and posted and has been completed.

PROJECT OR PROJECT WORK means the totality of the Work to be performed by Contractor under the terms of the Contract Documents covered by the Project Contract.

REQUEST FOR EXTENSION means a formal written request required to be submitted by Contractor setting forth the justification and support for Contractor’s request for adjustment in the Contract Time due to an Excusable Delay or Compensable Delay.

REQUEST FOR INFORMATION means a written request by Contractor for clarification of what it perceives to be discrepancies in the Contract Documents, including, without limitation, information in the Contract Documents constituting errors, omissions, conflicts, ambiguities, lack of coordination, noncompliance with Applicable Laws or variances between the information in the Contract Documents and field conditions.

SPECIFICATIONS mean the portion of the Bidding Documents consisting of the written requirements for materials, equipment, standards and workmanship for the Work and performance of related services.

SPECIAL DAYS means the local holiday shopping season from the second Friday of December through Christmas Day.

SUBCONTRACTOR means a person or entity that has a contract to perform a portion of the Work, including without limitation, subcontractors, sub-subcontractors, suppliers and vendors, of any and every Tier.

SURETY means Contractor’s surety issuing the Bid, Performance and/or Labor and Material Bonds.

TIER means the contractual level of a Subcontractor with respect to Contractor. For example, a “first-tier” Subcontractor is under contract with Contractor. A sub -subcontractor under contract with a first-tier Subcontractor is in the “second tier,” and so on. Use of the phrase “of every tier”, or similar phraseology, in the Contract Documents shall not be interpreted as implying that other provisions of the Contract Documents, where such phases are not used, are intended to be limited application to only the first Tier or to only certain Tiers of Subcontractors.

UNEXCUSED DELAY means any Delay that is not a Compensable Delay or Excusable Delay, including, without limitation, the following: (1) Delay caused by Contractor’s failure to comply with the Contractor’s Documents, (2) Delay for which Contractor has failed to provide timely and complete Request for Extension, or (3) Delay associated with any circumstances where costs or risk associated with such circumstances are designated in the Contract Documents as being at Contractor’s risk or Contractor’s Own Expense.

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UNILATERAL CHANGE ORDER means a writing signed by City in accordance with the General Conditions, in which City unilaterally sets forth its determination of the amount of adjustments to the Contract Sum or Contract Time due to a Compensable Change, Compensable Delay or Deleted Work.

WORK means the labor, materials, equipment, services, permits, licenses and taxes and all other things necessary for Contractor to perform its obligations under the Contract Documents, including, without limitation, any Changes requested by City.

WORKING DAY means Mondays, Tuesdays, Wednesdays, Thursdays and Fridays. It does not include Saturdays, Sundays, or Holidays recognized by the City of Montebello.

Other terms appearing in the Standard Specifications shall have the intent and meaning specified therein.

1-7 AWARD AND EXECUTION OF THE CONTRACT.

1-7.1 General.

Subsection 1-7.1 of the Standard Specifications is hereby replaced with the following:

Within ten working days after the date of the AGENCY’s notice of award, the Contractor shall execute and return the following contract documents to the AGENCY:

• Contract Agreement

• Faithful Performance Bond

• Material and Labor Bond

• Public Liability and Property Damage Insurance Certificate

• Worker’s Compensation Insurance Certificate

• Project Schedule

Failure to comply with these requirements will constitute non -responsiveness on the part of the Contractor and will result in annulment of the award by the Agency and forfeiture of the Proposal Guarantee by the Contractor.

The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY official.

A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and of the authority of its o fficers to sign contracts and bonds for the corporation.

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1-7.2 CONTRACT BONDS.

The second sentence of the fourth paragraph of Subsection 1-7.2 of the Standard Specifications is hereby deleted and replaced with the following: The Faithful Performance Bond (Warranty Bond) shall remain in force until one (1) year of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until thirty -five days after the date of recordation of the Notice of Completion.

The second and third sentences of the third paragraph of Subsection 1-7.2 of the Standard Specifications are hereby deleted and replaced with the following: The “Payment Bond” (Material and Labor Bond) shall be for not less than 50 percent of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The Payment Bond shall remain in effect until thirty -five days after the date of recordation of the Notice of Completion.

SECTION 2 – SCOPE OF THE WORK

2-2 PERMITS.

The text of Subsection 2-2 of the Standard Specifications is hereby deleted and replaced with the following:

Wherever the property of the Federal Government, the State of California, the County of Los Angeles, the City of Montebello, any local utilities, or of any other agency affected by the work included in this contract, the Contractor shall bear the cost of all permits and inspection lawfully exacted by said Government, State, County, City, District, Department, or other agency during the time of performing the work affecting said property; also, the Contractor shall bear all cost of traffic regulation and traffic control devices lawfully exacted by said State, County, City, or other agency during the time of performing the work affecting said property.

Where required under the terms of the permits, the Contractor shall obtain liability insurance acceptable to and in an amount required by the public agency having jurisdiction. The policy shall insure said agency against all claims arising out of or in connection with the work to be performed and shall remain in full force and effect until the work is accepted by the City. The Contractor shall furnish to each such agency a certificate of protective liability insurance showing the protection afforded and the amount thereof.

Neither the terms hereof nor anything shown on the drawings in connection with rights -of-way provided by the City shall be construed to entitle the Contractor to conduct operations in said rights-of-way in violation of existing regulations restricting inte rference with watercourses and drainage channels. The Contractor shall take adequate precautions against obstructing storm water flow in any affected watercourse or channel, and shall not deposit excavated materials in any area where they might interfere with or be subject to erosion from such flow.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.

The following is hereby added to this subsection of the Standard Specifications:

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2-5.5 A noise level limit of 86 dba at the distance of fifty feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.

2-5.6 All noise producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers, and air inlet silencers where appropriate, in good operating condition that meet or exceed original factory specifications. Mobile or fix ed “package” equipment (e.g. arc -welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment.

2-5.7 All mobile or fixed noise producing equipment used on the project, which is regulated for noise output by a local, state, or federal agency, shall comply with such regulation while in the course of project activity.

2-5.8 Electrically powered equipment instead of pneumatic or internal combustion powered equipment shall be used, where feasible.

2-5.9 Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practical from residences.

2-5.10 The hours of conventional construction activities shall be restricted to the periods and days permitted by the local noise or other applicable ordinance. In accordance with the City of Montebello Noise Ordinance, these activities include (but are not limi ted to) construction, noisy maintenance activities, all spoils and material transport, demolition, and grading and are prohibited between the hours of 4:00 p.m. and 8:00 a.m. on weekdays (Monday through Friday), Saturday and Sundays, and legal holidays, ex cept in cases of emergency as determined and approved in writing by the City Engineer.

2-5.11 The use of noise producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only.

2-5.12 No project related public address, paging, two-way radio, or music system shall be audible at any adjacent residence.

2-5.13 The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. An appeal process to the City shall be established prior to construction commencement that will allow for resolution of noise problem s that cannot be immediately solved by the site supervisor.

2-5.14 The Contractor shall develop a project noise control plan, which shall be approved and implemented prior to commencement of any construction activity.

2-5.15 Noise control features and plans shall be reviewed and approved by a noise control engineering professional.

2-5.16 Contract incentives may be offered to the construction contractor to minimize or eliminate noise complaints resulting from project activities.

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2-5.17 The erection of temporary sound wall barriers shall be considered where project activity is unavoidably close to residences.

2-5.18 Caltrans Standard Specifications (Sections 7 and 42) and Standard Special Provisions (that provide limits on construction noise levels) shall be applied and enforced by the City on the project Contractor.

2-5.19 Arrange noisiest operations together in the construction program to avoid continuing periods of annoyance.

2-5.20 If practical, implement project noise abatement features prior to construction.

SECTION 3 – CONTROL OF THE WORK

3-2 SELF-PERFORMANCE.

The whole paragraph of Subsection 3-2 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude the Contractor’s superintendent. Any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted fr om the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump Sum Price, determined from information submitted by the Contractor, subject to approval by the Engineer.

The Contractor with the bid package shall submit a list of all subcontractors intended to perform work on the project. This list shall include the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent of the prime contractors total bid. The prime contractor shall provide a description by bid item number or otherwise fully designate the portion of work to be performed by each subcontractor.

3-7 CONTRACT DOCUMENTS.

The contract comprises the following documents, including all additions, deletions, modifications, and appendices and all addenda as prepared prior to the date of bid opening setting forth modifications or interpretations of any of said documents:

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The Notice of Inviting Bids, the Instructions to Bidders, the accepted Proposal, the List of Subcontractors, the Bid Security Forms, the Agreement, the Faithful Performance Bond, the Payment Bond, Bid Bond, the Plans, General Provisions and the Special Provisions.

3-7.1 General.

The following is hereby added to this subsection of the General Specifications:

The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.

3-7.2 PRECEDENCE OF THE CONTRACT DOCUMENTS.

The whole Subsection 3-7.2 of the Standard Specifications is hereby deleted and replaced with the following:

All of the CONTRACT DOCUMENTS shall be read as complimentary to one another and requiring the highest quality, highest quantity, and highest standard of performance for the Project for the City’s benefit. In the case of a direct conflict between any of th e CONTRACT DOCUMENTS, the order of precedence of the CONTRACT DOCUMENTS shall be:

FIRST: Requirements of law, including the Charter and Ordinances of the City.

SECOND: Permits from other Agencies as may be required by law or Ordinance.

THIRD: Permits from City Departments as may be required by law or Ordinance.

FOURTH: Change Orders and/or Supplemental Agreements; whichever occurs last.

FIFTH: Contract/Agreement.

SIXTH: Addenda.

SEVENTH: Bid/Proposal.

EIGHTH: Special Provisions.

NINETH: Plans.

TENTH: Standard Plans.

ELEVENTH: Standard Specifications.

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TWELFTH: Reference Specifications.

Detailed plans shall have precedence over general plans.

3-10 SURVEYING.

3-10.1 General.

The whole Subsection 3-10.1 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall provide construction survey for all the streets shown in the contract documents, including office research of notes, plats or other necessary documents; marking removal limits; grade staking; tying and relocating utilities. All work shall be done to the satisfaction of the Engineer.

The Contractor shall notify the City of Montebello, in advance, in the event that any monumentation or witnesses to the monumentation should fall within any removal area.

The Contractor shall be liable for a back charge in an amount up to $1,000.00 per point obliterated or destroyed without notice or authorization from the City of Montebello.

Any questionable grade, elevation, location or element of design shown on the plans shall be brought to the immediate attention of the Engineer in writing for clarification prior to construction.

The City reserves the right to verify all staking and monumentation for horizontal and vertical accuracy. The allowable error shall not exceed 0.02 feet vertically or horizontally. Any staking found to exceed allowable error shall be reset at the sole ex pense of the Contractor and no additional compensation will be made therefore. In cases where the Contractor is unable to place a monument, such as conflicts with underground utilities, the Contractor shall notify the Engineer for review, confirmation, and approval of the omission. All work described in this Section shall be done by or under the direction of a Professional Land Surveyor or a Registered Civil Engineer authorized to practice Land Surveying in the State of California herein referred to as “Surveyor”.

3-10.2 Line and Grade.

The following is hereby added to this subsection of the Standard Specifications:

The Contractor’s Surveyor shall have all the necessary tools, materials, personnel available at the job site for setting blue, yellow and red top hubs at the time that they are set, and shall adequately reference all such stakes by setting hubs three (3) inches below subsurface.

The Surveyor shall have the option of establishing line and grade either by setting stakes to finished grade, marking the cuts and fills on the pavement, or referring to stakes, spikes, drill holes, chisel cuts, etc., on a grade sheet. Normally, stakes wi ll be set and stationed by the Surveyor for rough grade, curbs, headers, sewers, storm drains, and structures and a corresponding cut or fill to finished grade (or flow line) indicated on a grade sheet. If the Surveyor elects to set stakes to the

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finished grade, the top of these stakes will be colored with blue crayon or paint. All elevations will be established with a Surveyor’s level or Theodolite.

For street improvements, the Surveyor will establish rough grade elevations at 50 -foot intervals along the street. After completion of the rough grading, he/she will establish elevations for curb or pavement headers. An elevation for pavement will be est ablished at all points indicated by elevations shown on the plans. Elevations will be established at 25-foot intervals on the centerline and at all grade changes. For resurfacing over existing pavement or constructing 2 or 3 course bituminous pavement, the Surveyor will paint data on the surface of the existing pavement and/or base course and each lift to indicate the fill to finished grade at such locations and intervals as to provide adequate control for laying the wearing surface course to finished grade.

Flow line elevations will be established by the Surveyor at all changes in grade and at 25 -foot intervals when the grade is greater than 0.50% and at 10-foot intervals for grades of 0.50% or less.

For flow lines adjacent to curbs on grades 0.10% or over, when the curb is new and has a uniform curb face, flow line elevations will not be set on existing curbs, the grade of which may be irregular, grade points will be set at all changes in grade and at 25 -foot intervals. Sufficient flow line elevations will be set to facilitate the construction of warped pavement sections or for special drainage conditions.

For integral curb and gutter, blue tops for the flow line will not be set but curb elevations shall be established at all changes in grade and at 25-foot intervals when the grade is more than 0.50% and at 10-foot intervals when the grade is 0.50% or less. In the case of integral curb and gutter with a varying curb face, grade sheets will show cuts and fills to the top of the curb or to the flow line and indicate the required curb face.

For storm drains, the Surveyor will establish elevations at 25-foot intervals along the main line, at all grade change points indicated on the plans, at inlets and outlets of structures and at the upper ends of house connections and laterals. Normally, ele vations for narrow trenches will be established by means of offset stakes and a grade sheet giving cuts from such stakes will be issued.

When determined necessary, blue top hubs will be set in the trench for line and grade. Narrow trenches where there are space constraints due to utility conflicts must be approved by the Engineer and must compile with Slurry mix backfill according to Section 306 -12.2 of the Greenbook. Use of slurry mix backfill shall include furnishing material, labor, tools, equipment and incidentals, and for doing all work involved in installing slurry mix backfill , as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer; and included in the cost for storm drain pipeline. No additional compensation shall be allowed.

Distances and measurements, except elevations and structural dimensions, are given and made on horizontal planes.

Copies of all grade sheets shall be provided to the Engineer for filing.

SECTION 4 - CONTROL OF MATERIALS

4-1 GENERAL.

The following is hereby added to this subsection of the Standard Specification:

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The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one (1) years after the date of recordation of the Notice of Completion. Within this one -year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. The Contractor shall make all repairs, replacements, and restorations within thirty (30) days after the date of the City Engineer’s written notice.

4-6 TRADE NAMES.

The first and second paragraphs of this subsection of the Standard Specifications are hereby replaced with the following:

Although the bidder may believe that by use of a different material than that specified on/in the plans and specifications, a lower cost project/bid may result. The bidder is to bid the project on the basis of using the material(s) as named keeping in min d that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he consider to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Cont ractor may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the AGENCY allowing the use of the Contractor proposed equal that a change in the contract amount may result.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES

5-3 LABOR.

5-3.2 Prevailing Wages.

The following is hereby added to this subsection of the Standard Specifications:

The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the labor Code, as provided in Section 1773 et seq., the City has on file in the City Clerk’s office the latest prevailing rates as established by the Director of Industrial Relations of the State of California.

The Contractor shall not pay less than these rates.

5-4 INSURANCE.

5-4.2 General Liability Insurance.

The whole Subsection 5-4.2 of the Standard Specifications is hereby deleted and replaced with the following:

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

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

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

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

If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit.

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

5-4.3. Worker's Compensation Insurance.

The following is hereby added to this subsection of the Standard Specification:

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

5-4.4 Auto Liability Insurance.

The whole Subsection 5-4.4 of the Standard Specifications is hereby deleted and replaced with the following:

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

The following is hereby added to subsection 5-4 of the Standard Specifications:

5-4.5 Additional Insureds.

The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Contract. An endorsement to this effect shall

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be delivered to C ITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.

5-4.6 Notice of Cancellation.

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

5-4.7 Severability Clause.

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

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

5-4.8 Qualifications of Insurer.

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

5-4.9 Approval of Insurer.

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

5-4.10 Payment of Premiums.

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

5-4.11 Evidence of Insurance and Claims.

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

5-7 SAFETY.

5-7.1 Work Site Safety.

5-7.1.1 General.

The following is hereby added to subsection 5-7.1.1 of the Standard Specifications:

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It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as its operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public services, or from the failure of partly completed work or partially removed facilities. Unusual conditions may ar ise on the work, which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the o pinion of the Engineer may seem reasonable and necessary.

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress pay ments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

The following is hereby added to this subsection of the Standard Specifications:

The Contractor’s proposed Construction Schedule shall be submitted to the Engineer within ten working days after the date of the Agency’s execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of mate rials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. Construction schedule shall be required to display critical path using Oracle Primavera P6 software or with a similar project planning software.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures.

The Contractor shall submit periodic Progress Reports to the Engineer by the last day of each month. The Report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withh eld pending receipt of any outstanding reports.

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6-3 TIME OF COMPLETION.

6-3.1 General.

The following herby added to this subsection of the Standard Specifications:

The total contract period for this project is One Hundred Twenty (120) working days from the effective date of the Notice -to-Proceed to be issued by the City. The working days will be split into two phases. Phase I, Procurement Phase, Notice -to-Proceed will be issued for awarded recipient to purchase equipment approximately 12-16 weeks. Phase II, Construction Phase, Notice to proceed will be issued thirty (30) working days prior to scheduled delivery date of poles/equipment, five (5) working days as mobilization period and thirty five (35) working days for construction and completion of the project.

6-3.2 Contract Time Accounting.

The following is hereby added to this subsection of the Standard Specifications:

The Contractor’s activities shall be confined to the hours between 7:00 a.m. and 3:30 p.m., Monday through Friday, excluding holidays, for daytime work and to the hours between 8:00 p.m. starting Monday and 5:00 a.m. ending Saturday, excluding holidays, fo r nighttime work. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. Should the Contractor choose n ighttime work, any and all lighting and traffic control, as needed, shall be provided by the Contractor.

6-9 LIQUIDATED DAMAGES

The liquidated damages value is hereby amended to be $3,200.00 per day.

SECTION 7 – MEASUREMENT AND PAYMENT

7-3 PAYMENT

7-3.2 Partial and Final Payment.

The text of Subsection 7-3.2 of the Standard Specifications is hereby deleted and replaced with the following:

The closure date for the purpose of making partial progress payments will be on or about the twenty-fifth (25th) day of each month. The Contractor shall prepare the approximate measurement of the work performed through the closure date and submit it to the AGENCY for approval along with an updated construction schedule.

When the work is complete, the Engineer will determine the final quantities of the work performed and prepare the final progress payment.

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Payments are commonly authorized and made within forty-five days following the last day of the month submitted. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progr ess payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions and any other required documents.

A full five percent (5%) retention will be deducted from all progress payments. The final retention will be authorized for final payment forty-five (45) days after the date of recordation of the Notice of Completion.

Decisions to Withhold Progress Payments

The Engineer may withhold or nullify the requested Progress Payments in whole or in part due to the Contractor to such extent as may be necessary to protect the City from loss as a result of because of any of the circumstances listed below:

1. Defective work not remedied in accordance with provisions of the Contract Documents;

2. Third party claims, liens or stop notices filed or reasonable evidence indicating probable filing of such claims, liens or stop notices;

3. Failure of the Contractor to make payments properly for labor, services, materials, equipment, or other facilities or to subcontractor;

4. A reasonable doubt that the work can be completed for the unpaid balance of the Contract Sum;

5. A reasonable doubt that the Contractor will complete the work within the agreed Contract Time;

6. Costs to the Owner resulting from failure of the Contractor to complete the work within the stipulated time, or in accordance with the terms of the contract;

7. Damage to other work or property;

8. Failure to fulfill all the requirements of the Contract Documents;

9. When there is pending litigation against the City related to this contract or reasonable anticipation thereof;

10. Failure of the contractor to maintain all records as required; to submit progress schedules, weekly payroll records, minority enterprise utilization reports and forms and any other such item required by these specifications;

11. Failure to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages required by this contract, after written notice to the contractor.

12. Failure of Contractor of the subcontractors to comply with applicable laws;

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13. Any reason specified elsewhere in the Contract Documents as grounds for a withholding, offset or setoff or that would legally entitle City to a setoff or recoupment;

14. Additional professional, consultant or inspection services required due to Contractor’s failure to comply with Contract Documents;

15. Liquidated damages payable to City;

16. Materials ordered or paid by City on behalf of Contractor;

17. Damage loss caused to City, a separate contractor, homeowner contractor or any other person or entity due to the actions of the Contractor;

18. Cleanup performed by City and chargeable to Contractor;

19. Failure of Contractor to pay contributions due and owing to employee benefits funds pursuant to applicable collective bargaining agreements or trust agreements;

20. Failure of Contractor or any Subcontractor to properly pay prevailing wages as defined in California Labor Code Section 1720 et/ seq.;

21. A breach by Contractor of any obligation or provision of the Contract Documents.

22. Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefore shall be given the Contractor, and, when the Contractor shall remove the grounds for such withholding, the City will pay to the Contractor, within 35 calendar days, the amount so withheld.

Application of Withholding

Sums properly withheld in good faith may be used by City without a prior judicial determination of City’s actual rights with respect to recovery of any Loss on which such withholding is based.

Contractor agrees and hereby designates City as its agent in f or such purposes, and agrees that such payments shall be considered as payments made under the Construction Contract by City to Contractor. City shall submit to Contractor accounting of such funds disbursed on behalf of Contractor. As an alternative to su ch payment, City may, in its sole discretion, elect to exercise its rights to adjust the Contract Sum.

Payment by City

After an Application for Progress Payment has been made, the City shall make payment in a timely manner unless there is a good faith reason for withholding the payments in accordance with the provisions of the Contract Documents or Applicable Law.

Payment to Subcontractors

Upon receipt of payment from City, Contractor shall pay the Subcontractors performing the Work, out of the amount paid to Contractor on account of such Subcontractor’s portion of the work, the

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amount of which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and Applicable Laws, including, without limitation, California Public Contract Code Section 7107. Contractor shall remain responsible, notwithstand ing a withholding by City pursuant to the terms of these General Conditions, to promptly satisfy from its own funds sums due to all Subcontractors who have performed the Work that is included in Contractor’s Application for Payment. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its sub -contractors and suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payments to Subcontractors, of any Tier.

Direct Negotiation of Stop Notices

City shall have the right to directly discuss, negotiate, settle or pay, without notice to or participation by Contractor, any stop notice claims asserted by the Subcontractors, of any Tier, and to deduct such sums paid from sums due to Contractor.

Release of Stop Notices

Except to the extent of any payments that City fails to make to Contractor under circumstances that constitute a breach by City of its payment obligations under the Contract Documents, if any stop notice, whether invalid or valid, is made, filed with, served upon or asserted against City or a Homeowner by any of the Subcontractors, of any Tier, or their agent or employee, for money claimed due for Work of any kind provided, then Contractor shall within five (5) Days after written notice by City and at Contractor’s Own Expense, procure, furnish and record appropriate releases or other instruments which under Applicable Laws will full release, extinguish and removed such stop notice. Unless and until such stop notice is fully released as afore-stated, City shall have the right to retain from any payments then due, or thereafter to become due, an amount equal to one hundred and fifty percent (150%) of the amount necessary to satisfy, discharge and defend against any such stop notice and any action or proceeding thereon which may be brought to judgment or award. If the amount to be paid, or the amount retained thereon, is insufficient to satisfy, discharge or defend against such stop notice and any action of proceeding thereon, then Contractor shall be liable for the difference and upon written demand shall immediately deposit the same with City.

The provisions in this paragraph are in addition to such other rights as City may have against Contractor under the Contract Documents or Applicable Laws.

Failure of Payment by City

If, through no fault of Contractor or failure by Contractor to comply with its obligations under the Contract Documents, Payment is not issued within thirty (30) Days after receipt of an undisputed and properly prepared and submitted Application for Payment then Contractor may, upon fourteen (14) additional Days’ written notice to City, stop the Project Work for which such Application for Payment is received until payment is received as to any undisputed and owing work. Any resulting Delay associated with the shut down and start -up of the Project Work as a result of Contractor’s proper exercise of its rights under this paragraph shall constitute a Compensable Delay.

Disputed Payments, Continuous Work

No dispute or disagreement with respect to the amount of any payment claimed due by Contractor shall relieve or excuse Contractor from the obligation to proceed with and maintain continuous, expeditious and uninterrupted performance of the Work.

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Completion. Inspection. Punch List. Re-Inspection

A Contractor-generated punch list must be provided to the City or its representative prior to the request for final inspection. It will be the discretion of the City or its representative to grant the final inspection based on the Contractor generated punch list. Contractor shall achieve Completion of the Project Work in accordance with the requirements of the Contract Time and other provisions of the Contract Documents. Contractor shall notify Engineer when Contractor believes that the Project Work for is Complete.

Unless the Engineer determines that the Project Work is not sufficiently complete to warrant an inspection to determine Compliance, the Engineer, accompanied by the Inspector of Record and any others deemed appropriate by the Engineer, will inspect the Project Work performed.

Contractor, along with such Subcontractors and others as Engineer deems necessary shall participate in the inspection. If the Project Work is found to be Complete, then Engineer shall proceed to issue a written completion notice as provided hereinafter.

Any items necessary for Compliance that are found missing, incomplete or requiring correction shall be summarized by Contractor in a Completion Punch List and promptly signed by Contractor and delivered to Engineer. Contractor shall proceed within forty-eight (48) hours after signing the Completion Punch List to commence correction and completion of the items listed.

Contractor shall notify Engineer when the items listed are completed at which time a re-inspection shall be scheduled in the same manner as the original inspection. If said inspection discloses any item, whether or not included on the original Punch List, which is found missing, incomplete, or requiring correction said item shall be corrected before a Notice of Completion shall be issued.

The City shall be reimbursed or at its option shall withhold from Contractor’s payments, amounts incurred by City to conduct more than two (2) inspections to determine Compliance of the Project Work. A Notice of Completion shall be issued by the Engineer when he determines that Compliance of the Project Work has occurred.

Final Completion

Contractor shall expeditiously and diligently perform all items of Project Work on the Final Completion Punch List so as to achieve Final Completion of the Project Work within the requirements of the Contract Time for Final Completion of the Project Work. Contractor shall forward to Engineer a written notice when Contractor believes that it has completed all of the items on the Final Completion Punch List and is read for a Final Completion Inspection. Unless Engineer determines that the Project Work is not sufficiently complete to warrant an inspection to determine Final Completion, Engineer, accompanied by Inspector of Record and any others deemed appropriate by Engineer, will inspect Project Work performed. If the Project Work is found to be Finally Complete, then Engineer shall proceed to issue a Notice of Final Completion as provided hereinafter.

If said inspection discloses any item, whether or not included on the Final Completion Punch List, which is found missing, incomplete, or requiring correction said item shall be corrected before a Notice of Final Completion shall be issued. The City shall be reimbursed or at its option shall withhold from Contractor’s payments, amounts incurred by City to conduct more than two (2)

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inspections to determine Final Compliance of the Project Work for any Home. A Notice of Final Completion shall be issued by the Engineer when he determines that Final Compliance of the Project Work has occurred.

Concluding Payment

Upon issuance by Engineer of the Notice of Final Completion for the Project Work Contractor shall submit to Engineer its Application for Payment requesting payment for completion. Without limitations to any other conditions to payment set forth elsewhere in the Contract Documents, the following shall be conditions precedent to a proper submission, and to Engineer’s approval, of Contractor’s Application for Final Payment:

1. Submission of an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project Work for which City or City’s or Homeowner’s property or funds might be liable have been paid or otherwise satisfied;

2. Submission of consent of Surety, if any, to Completion Payment;

3. Submission of a certificate evidencing that the insurance required by the Contract Documents is in force;

4. Submission of conditional releases and waivers of stop notice and bond rights upon final payment in the form required by California Code Section 3262(d)(3) executed by Contractor and by all Subcontractors, of every Tier, performing any portion of the Project Work;

5. Submission of all Close-Out Documents for the Project Work;

6. Submission of adequate and complete certified payroll records as required by the Contract Documents for any time period that Project Work was performed, which have not been submitted by Contractor in connection with its previous Applications for Payments.

7. Proper payment of prevailing wages as defined in California Labor Code Section 1720, et seq for the Project Work.

8. Submission of certificates by Contractor and each Subcontractor, as required by any applicable collective bargaining agreement or trust agreement or Applicable Laws, certifying that all employees’ benefits relating to the Project Work due and owing having been paid in full; and

9. Submission of any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion of the Project Work.

Final Payment Terminates Liability

No claim shall be made or be filed, and neither the City nor any of its officers or agents shall be liable or held to pay any money, except as specifically provided in the Contract Documents.

The acceptance by the Contractor of the final payment aforesaid shall operate as, and shall be, a release to the City and its agents, from all claim and liability to the Contractor for anything done

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or furnished for, or relating to, the work or for any act or neglect of the City or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided elsewhere in these General Conditions.

Securities in Lieu of Retention

Provisions of California Public Contract Code Section 22300 et. seq. substitution of eligible and equivalent securities for retention held by City to ensure Contractors performance under the Contract will be permitted at the request and expense of the Cont ractor and in conformity with California Section 22300. The foregoing notwithstanding, the Contractor shall have ten (10) days following action by the City to award the Agreement to the Contractor to submit its written request to the City to permit the su bstitution of securities for retention under California Public Contract Code Section 22300. The failure of such Contractor to make such a written request for the City within said ten (10) day period shall be deemed a waiver of the Contractor’s right under California Public Contract Code Section 22300.

In the event the Contractor wishes to choose to exercise its rights under California Public Contract Code Section 22300, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a state or federally chartered bank in California with a current A.M. Best Rating of not less than “A,” in the form specified by said Section 22300. Contractor shall have the obligation of ensuring that such securities deposited are sufficient to maintain it total fair market value an amount equal to the cash amount of the sums to be withheld under the Agreement. If upon written notice from the City or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Agreement.

Any escrow agreement entered into shall contain the following provisions:

(a) The amount of surety to be deposited;

(b) The terms and conditions of conversion to cash in case of default of the Contractor; and

(c) The termination of the escrow upon completion of the contract.

7.3.3 Delivered Materials.

This subsection of the Standard Specifications is hereby replaced in its entirety by the following:

Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress partial payment.

7-3.5 Contract Unit Prices.

7-3.5.1 General.

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Replace this subsection with the following:

If the Engineer orders a change in quantity of an item of Work, and the change does not involve a substantial change in character of the Work from that shown in the Plans or Specifications, the City will adjust the total payment to be made for the item of Work by multiplying the amount authorized and installed by the Contract Unit Price. This amount may be greater or less than the amount shown in the Bid.

If the total quantity of a Major Bid Item is changed, only changes within 25% of the quantity shown in the Bid, either more or less, will be adjusted at the Contract Unit Price. If the total quantity of a Major Bid Item is changed in excess of 25%, the adjustment in payment will be made per 7-3.5.2 or 7-3.5.3. The adjustment in payment will be made only for the quantity of the Major Bid Item that exceeds 25%, either increase or decrease.

7-3.5.2 Increases of More Than 25%.

Replace this subsection with the following:

If the total quantity of a Major Bid Item is increased in excess of 25% more than the quantity shown in the Bid, and if the City and the Contractor cannot agree upon an adjustment in Contract Unit Price, the Work shall proceed according to 7-4, and as follows:

The costs determined for the item of Work shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125% of the Bid quantity at the Contract Unit Price.

7-3.5.3 Decreases of More Than 25%.

Replace this subsection with the following:

If the total quantity of a Major Bid Item is decreased in excess of 25% less than the quantity shown in the Bid, no adjustment in the Contract Unit Price will be made unless so requested in writing by the Contractor. If the Contractor so requests, the adjustment in payment will be made per 7-3.7. If no adjustment in Contract Unit Price can be agreed upon by the City and the Contractor, the Work shall proceed according to 7-4, and as follows:

In no case will payment be less than would be made for the actual quantity at the Contract Unit Price, nor more than would be made for 75% of the Bid quantity at the Contract Unit Price.

7-4 PAYMENT FOR EXTRA WORK.

7-4.3 Markup.

Replace this subsection with the following:

7-4.3.1 Work by Contractor.

The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit:

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Labor 20%
Materials 15%
Equipment Rentals 15%
Other Contractor's costs 15%

One percent (1%) may also be added to the sum of costs and markups as compensation for the Contractor's bond premium.

7-4.3.2 Work by Subcontractor.

When a subcontractor performs all or any part of the extra work, the markups in paragraph (a) shall be added to the subcontractor's actual cost of such work. The Contractor may add an additional markup of 10% of the first $5,000 of the subcontracted portion of the extra work and 5% on work added in excess of $5,000 of the subcontracted portion of work.

SECTION 8 – FACILITIES FOR AGENCY PERSONNEL

The following is hereby added to this subsection of the Standard Specifications:

No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor for the project in the City if so, provided by the Contractor for his own personnel.

SECTION 9 – CITY STANDARDS, STANDARD PLANS AND DRAWINGS

Section 9 is hereby added to the Standard Specifications as follows:

All public improvements, construction and dedications required and described in this manual shall conform to the standards and specifications of the City. Standards, Standard Plans and Drawings of the following agencies are used by the City of Montebello and are part of the City’s standards.

Where there is ambiguity or conflict between standards over which standard shall apply, the City Engineer shall determine what shall apply, and his determination shall be final. All construction is subject to the approval of the City Engineer.

Standard Plans – Standard Plans for Public Works Construction, SPPWC, “Latest Edition and Supplement”.

Los Angeles County Public Works Department – Grey Book and all plans except those modified or replaced by City Standards.

Los Angeles County Flood Control District - Applicable storm drains.

Sanitation Districts of Los Angeles County - Applicable sewer and manholes.

State of California – California Department of Transportation (Caltrans) Standard Specifications and Standard Plans - Pavement markings and traffic loops.

City Standards - All applicable standard plans.

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Standard Specifications - The 2018 edition of, and applicable amendments to, the “Standard Specifications for Public Works Construction (SSPWC).”

California Manual on Uniform Traffic Control Devices (CA-MUTCD), “Latest Edition”.

SECTION 10 – CLAIMS AND PROTESTS

Section 10 is hereby added to the Standard Specifications as follows:

Excerpts from the Public Contract Code 9204.

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Claim” means a “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.

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(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the dispu ted portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged

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by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A cla im that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a low er tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

PART 4 – EXISTING IMPROVEMENTS

SECTION 400 – PROTECTION AND RESTORATION