Montebello City Council
July 24, 2024

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
Section 5. Class 32 Infill Exemption Requirements. Includes the Exemption Justification and evaluates the proposed Project’s potential to result in significant adverse effects to the physical environment against the Class 32 exemption requirements.

2. ENVIRONMENTAL SETTING

2.1. PROJECT LOCATION
The proposed Project location is within the northwestern portion of the City of Montebello at 2601 Via Campo, Montebello, CA 90640 (Assessor’s Parcel Number 5295-001-020). Regional access to the site is provided by State Route (SR) 60 to the north, Interstate (I) 5 to the south, SR-19 to the east, and I-710 to the west. Local access to the site is by Via Campo, located north of the site, and N. Wilcox Avenue, located west of the site. The project site and surrounding area are shown in Figure 1, Regional Location, and Figure 2, Local Vicinity.

2.2. EXISTING PROJECT SITE
The Project site is located in the parking lot of Montebello Plaza, a retail center containing a grocery store, gas station, medical office, retail stores, restaurants, and other services/office/commercial uses. Specifically, the Project site is a landscaped area measuring approximately 240 square feet (SF) at the northwest corner of an optometrist office (Ramin Ram) and adjacent to Via Campo. The 240 SF area is comprised of ornamental landscaping and is within the parking lot of the optometrist office. The Project site’s existing conditions are shown in Figure 3, Aerial View and Figure 4, Site Photos.

The closest residential area to the Project site is a multi-family apartment complex located approximately

0.08 mile (445 feet) north of the Project site, as shown in Figure 3. The Project site and this residential area are divided by Via Campo, SR-60, and E. Pomona Boulevard. These residences are located below the grade of the freeway. Additionally, there is a senior apartment community located approximately 0.2 mile (1,054 feet) east of the Project site. Furthermore, there is an area of high voltage utility lines, followed by a high school, and further followed by single-family residential areas to the southwest of the Project site. These single-family homes are located approximately 0.30 mile (1,500 feet) from the Project site and are higher in elevation than the Project site.

2.3. EXISTING GENERAL PLAN LAND USE AND ZONING DESIGNATIONS The project site has a General Plan land use designation of General (Community Shopping Center) and a zoning designation of General Commercial (C-2). The C-2 zoning designation is intended to permit uses with higher traffic and longer hours such as retail sales, medical and professional offices, general office, as well as service stations and automobile sales yards (City of Montebello, 2023).

2.4. SURROUNDING LAND USES
The surrounding land uses are shown in Figure 1, Regional Location, and described below. • North: Via Campo and SR-60 (transportation), followed by apartments (multi-family residential). • West: Gas station (commercial) followed by N. Wilcox Avenue (transportation), followed by commercial center (commercial)
• South: Montebello Plaza (retail/commercial) followed by high voltage utility lines, followed by a high school and single-family homes (residential)

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
• East: Montebello Plaza (commercial/retail), followed by high voltage utility lines and single-family homes (residential)

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City of Montebello Class 32 CEQA Exemption Checklist
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2601 Via Campo - Digital Billboard Figure 1
City of Montebello
Regional Location

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
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Local Vicinity
2601 Via Campo - Digital Billboard Figure 2
City of Montebello

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
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Aerial View
2601 Via Campo - Digital Billboard Figure 3
City of Montebello

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
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Existing Site Photos
2601 Via Campo - Digital Billboard Figure 4
City of Montebello
View of the landscaped project area facing east.

Facing south west.

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City of Montebello Class 32 CEQA Exemption Checklist
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Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist

3. PROJECT DESCRIPTION

3.1. PROJECT OVERVIEW
The proposed Project would construct a double-faced digital display billboard with light emitting diodes (LED) on both faces. The new billboard would be located on the northwest portion of Montebello Plaza approximately 75 feet south of Via Campo and located directly south of SR-60. Specifically, the billboard would be located in a landscaped 240 SF grass patch in the parking lot.

The proposed billboard would have an overall height of 75 feet from grade to the top of the sign face. As shown in Figure 5, Digital Display Billboard Elevations, the sign face dimensions of the proposed billboard would be 14 feet by 48 feet. The billboard would be positioned on a 58-foot-tall pole that would be 36 inches to 48 inches in diameter. The design would also include a concrete footing and foundation that would extend 26 feet below grade. The color of the pole would be flat black. A 3-foot by 40-foot internally lit sign cabinet facing both directions of SR-60 with the "City of Montebello" name affixed to the bottom of the digital display sign faces. Below this sign cabinet would be a 10-foot by 10-foot internally lit sign cabinet facing both directions of SR-60 with the City’s “M” logo and the word “Montebello”. Finally, the Project would also include a ladder at 12 feet off grade on the rear column of the billboard.

The digital displays would be oriented facing east and west and would be visible from SR-60. The display would be illuminated 24 hours per day, 365 days per year. The light levels emitted from the digital display would be set to adjust based upon ambient light conditions. The proposed billboard would connect to existing underground electrical facilities at the site, and would not require relocation, expansion, or construction of new electrical facilities. The project developer submitted an Outdoor Advertising Preliminary Application (No. P07-3577) to Caltrans. In a response letter, Caltrans identified the Project as conforming to the requirements of the Outdoor Advertising Act (Appendix A). Pursuant to the City of Montebello Municipal Code Section 17.62.105, the proposed Project is subject to a Development Agreement and an Off-Premises Digital Display Sign Permit.

3.2. CONSTRUCTION
Project construction would take approximately 10 days to complete. Additionally, construction of the Project would result in minimal export of soil which will be removed off-site.

3.3. DISCRETIONARY ACTION CHECKLIST
The City of Montebello would be expected to use the information contained in this Exemption Checklist for consideration of approvals related to and involved in the implementation of this Project. These include, but may not be limited to, the permits and approvals described below:
• Caltrans approval
• Development Agreement
• Off-Premises Digital Display Sign Permit
• Tree Removal Permit

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City of Montebello Class 32 CEQA Exemption Checklist
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2601 Via Campo - Digital Billboard
City of Montebello
Figure 5
Digital Display Billboard Elevations

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City of Montebello Class 32 CEQA Exemption Checklist
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Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist

4. CLASS 32 INFILL EXEMPTION REQUIREMENTS
Article 19 of the California Environmental Quality Act (CEQA Guidelines Sections 15300 to 15333), includes a list of classes of projects that have been determined to not have a significant effect on the environment and as a result, are exempt from review under CEQA.

Class 32 Infill Exemption
One of the classes of projects exempt from CEQA review are projects that are specified as urban infill development. CEQA Guidelines Section 15332 defines the Class 32 Infill Exemption as a project that meets the following five requirements:
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.

Exceptions
In addition to meeting the five requirements stated above, the CEQA Guidelines Section 15300.2 provides specific instances where exceptions apply to a project that would otherwise meet the requirements for an exemption. These exceptions are:
a) Location: Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
b) Cumulative Impact: All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. c) Significant Effects: A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. d) Scenic Highways: A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. e) Hazardous Waste Sites: A categorical exemption shall not be used for a project located on a site which is included on any list complied pursuant to Section 65962.5 of the Government Code. f) Historical Resources: A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resources.

4.1. PROPOSED PROJECT CEQA EXEMPTION
The analysis below provides substantial evidence that the Project properly qualifies for an exemption under CEQA Guidelines Section 15332 (i.e., Class 32) and, as a result, would not have a significant effect on the

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
environment. Additionally, the analysis shows there are no exceptions to qualifying for the categorical exemption, as identified in CEQA Guidelines Section 15300.2. a) Criterion Section 15332(a): General Plan and Zoning Consistency: The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The Project site has a City of Montebello General Plan land use designation of General (Community Shopping Center) and a zoning designation of General Commercial (C-2). The C-2 zoning designation is intended to permit uses with higher traffic and longer hours such as retail sales, medical and professional offices, general office, as well as service stations and automobile sales yards.

Table 1 shows the Project’s consistency with the Montebello Zoning Ordinance, section 17.62.105, OffPremises Digital Display Signs. As shown, the proposed Project would meet all of the requisite development standards for off-premises digital display signs. Therefore, the Project would be consistent with the applicable zoning regulations.

Table 1: Montebello Zoning Development Standards for Off-Premises Digital Display Signs (Municipal Code Section 17.62.105)
Development Feature Proposed Project Consistency
Off-premises digital display signs shall be located within the Interstate 5 or California State Route 60 Freeway
Digital Display Sign Corridor, as defined in Section

17.62.1 05(8).

Consistent. The proposed digital display billboard
would be located within the SR-60 Digital Display Sign
Corridor.

An off-premises digital display shall not be erected
within five hundred feet of any off-premises display on the same side of the freeway. An off-premises digital
display shall not be erected within one thousand feet of any other off-premises digital display on the same side of the freeway.

Consistent. According to the Caltrans Outdoor
Advertising Map Viewer, which displays active
permitted billboard displays in California, the nearest permitted sign is located approximately 5,900 feet
east of the Project site (Caltrans, n.d.).

An off-premises digital display sign face area shall not have more than six-hundred and seventy-two square
feet, but excluding border, trim, base or apron supports, and other special advertising features or additions or
other structural members.

Consistent. The sign face dimensions of the proposed
billboard would be 14 feet by 48 feet, resulting in a
sign surface area of 672 SF, as shown in Figure 5,
Digital Display Billboard Elevations.

The interval between the change in digital content shall be a minimum of eight seconds and the images shall
change instantaneously, without special transitional
effects.

Consistent. As stated in the Letter of Certification for Premier Media (Appendix B), the proposed Project
would be consistent with this provision.

No digital display sign may include any illumination or message change that is in motion or that changes
intensity.

Consistent. As stated in the Letter of Certification for Premier Media (Appendix B), the proposed Project
would be consistent with this provision.

The height of any off-premises digital display sign
structure shall not exceed seventy-five feet measured
from the lower of either the ground level at the base of the sign structure or the finished grade of highway the sign is advertising thereto, subject to specific site
conditions and visibility factors as determined by the
Planning Manager. For purposes of this Section, “finish grade" shall be measured from the shoulder elevation of the highway immediately next to the "slow lane."
Consistent. The proposed digital display billboard
would have an overall height of 75 feet from grade to
the top of the sign face.

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
Development Feature Proposed Project Consistency
An off-premises digital display shall not be permitted to structurally attach on the roof of a building.

Consistent. The proposed digital display billboard
would not be structurally attached on the roof of a
building.

An off-premises digital display shall not encroach over public rights-of-way.

Consistent. The Project site is located within the
parking lot of Montebello Plaza and would not
encroach over the public right of way.

An off-premises digital display shall not be permitted
within two-hundred feet of a residentially zoned
property.

Consistent. The closest residences to the Project site is a multi-family apartment complex located
approximately 0.08 mile (445 feet) north of the Project site, as shown in Figure 3.

The back or rear of an off-premises digital display
structure, which is visible to the public, shall be suitably covered to conceal the inner structures and shall be
properly maintained.

Consistent. The proposed digital display billboard
would be double-faced (V-shape). The back or rear of
the structure would not be visible to the public.

An off-premises digital display must utilize automatic
dimming technology to adjust the brightness of the sign relative to ambient light so that at no time will the sign exceed brightness level of 0.3 footcandle above the
ambient light for both daytime and nighttime condition.

Pre-set distances to measure the foot candles impact
vary with the face size of each size sign. Measurement
distance criteria:

Nominal Face
Size
Distance to be
Measured From:
12' × 25' 150'
10'6" × 36' 200'
14' × 48' 250'
Consistent. As stated in the Letter of Certification for Premier Media (Appendix B), the proposed Project
would be consistent with this provision.

All off-premises digital displays must revert to a black screen or turn off immediately if ten percent of the digital display screen malfunctions.

Consistent. As stated in the Letter of Certification for Premier Media (Appendix B), the proposed Project
would be consistent with this provision.

Bidirectional or double-faced signs shall be located on the same structure. For parallel double-faced signs, the distance between the back sides of the sign faces shall not exceed eight feet. For "V-shaped" double-faced
signs, the distance between sign faces shall not exceed thirty-five feet at their widest point and shall not exceed eight feet at their closest point.

Consistent. The proposed digital display billboard
would be a double-faced V-shape sign located on the
same structure. The distance between the sign faces
would be approximately 20 feet at the widest point
and approximately 5.3 feet at the closest point.

An off-premises digital display structure shall have a
single support structure (monopole) and shall be
constructed of noncombustible material.

Consistent. The proposed digital display billboard
would have a single pole and be constructed of
noncombustible material.

All off-premises digital displays shall be maintained in good condition and working order, as determined by the
city manager or designee, and free of graffiti, peeling paint, faded colors and/or broken and damaged
materials. Violators shall be subject to any and all
penalties or remedies authorized under the Montebello
Municipal Code, state law, and federal law.

Consistent. The Project developer will comply with this development standard.

The permittee shall underground all utilities installed in connection with off-premises digital display.

Consistent. The Project developer will comply with this development standard.

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
Development Feature Proposed Project Consistency
No off-premises digital display shall be placed or
maintained in violation of the state Outdoor Advertising Act or any other applicable state, federal, or local law.

Consistent. The Project developer has obtained a
Caltrans Outdoor Advertising Display Permit
preliminary approval. In addition, the City and
Caltrans will review the Project for approval during the permitting process to ensure compliance with all
applicable state, federal, and local law.

Off-premises digital displays shall be oriented away
from residential areas.

Consistent. The proposed digital display billboard
would be oriented facing east and west and would be
visible from SR-60. The nearest residential area to the Project site is located approximately 445 feet north of the Project site.

Source: City of Montebello Code of Ordinances
b) Criterion Section 15332(b): Project Location, Size, and Context: The proposed development occurs within City limits on a Project site of no more than five acres substantially surrounded by urban uses.

The Project site is located within the parking lot of Montebello Plaza, a retail center containing a grocery store, gas station, medical office, retail stores, restaurants, and other services/office/commercial uses.

Specifically, the Project site is a landscaped area measuring approximately 240 square feet (SF) at the northwest corner of the optometrist office (Ramin Ram) and adjacent to Via Campo. The 240 SF area is comprised of ornamental landscaping and is within the parking lot of the optometrist office. As the Project site is less than five acres and substantially surrounded by urban uses, it meets the criteria of CEQA Guidelines Section 15332(b).
c) Criterion Section 15332(c): Endangered, Rare, or Threatened Species: The Project site was determined to have no value as habitat for endangered, rare or threatened species.

The Project site is developed with ornamental landscaping. The immediate area surrounding the Project site is completely developed with commercial buildings and associated parking lots. As such, the whole Project site has been disturbed by previous development and does not contain any endangered, rare or threatened species.

Development of the proposed Project would require the removal of 13 trees located near the Project site in order to increase visibility of the billboard to motorists from SR-60. An Arborist Survey Report was prepared by CalPacific Sciences in January 2024 and is included as Appendix C. The survey was performed to identify the various tree species found within the project boundary, assess their health, and provide recommendations as to which trees may be retained as part of the proposed Project.

The 13 trees were identified as three distinct species: Canary Island Pine, Lemon Scented Gum, and Mexican Fan Palm were identified during the survey, none of which are considered native or special status species.

Their locations are shown in Figure 6, Tree Species and Locations.

Of the 13 trees surveyed and identified for removal, five are located in the parkway within public property.

The root crown expansion of these large trees has resulted in damage to the sidewalk and hardscape presenting a fall hazard to pedestrians. Three of the five trees located within public property show indication of disease.

A tree removal permit is required in accordance with the City’s Municipal Code Section 12.08.090 for removal of trees maintained by the City or on City property. Although replacement of removed ornamental

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
trees is not required by the City's municipal code, the City has the authority to require tree replacements during the permitting process, which will be added to the Project as a condition of approval, if required.

In addition, as a standard condition of Approval, any removal of vegetation or trees is required to be conducted in accordance with Sections 3503, 3503.5, and 3513 of the California Fish and Game Code and the Migratory Bird Treaty Act (MBTA). Compliance with the California Fish and Game Code and MBTA would ensure that impacts to nesting birds and raptors, which may use vegetation including trees that require removal, on or near the Project site for nesting, during construction would not occur.

For the reasons described above, the proposed Project site has no value as habitat for endangered, rare, or threatened species and meets the criteria of CEQA Guidelines Section 15332(c).

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City of Montebello Class 32 CEQA Exemption Checklist
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2601 Via Campo - Digital Billboard
City of Montebello
Figure 6
Tree Species and Locations

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Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
d) Criterion Section 15332(d): Significant Effects: Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

Traffic
The Project proposes the construction of a digital display billboard. As such, the operation of the proposed Project would not generate any new trips. Therefore, the Project would result in a less-than-significant impact related to VMT.

The proposed Project is a redevelopment and infill Project within an urbanized area that is served by transit.

The Project vicinity receives bus service from Montebello Bus Lines (MBL). MBL Route 70 has a stop at Montebello Plaza, on Via Campo, approximately 100 feet northeast of the Project site. The proposed digital display billboard would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur.

There is no existing bicycle infrastructure such as bicycle trails/lanes on the surrounding streets. Therefore, the Project would not alter or conflict with any bicycle facilities. Sidewalks currently exist adjacent to the site along both Via Campo and N. Wilcox Avenue; and pedestrian crosswalks are provided at the intersection of Via Campo and N. Wilcox Avenue. The proposed Project would not alter the existing pedestrian sidewalks or crosswalks, and impacts related to bicycle, and pedestrian infrastructure would not occur.

The proposed Project would not result in any significant effects relating to traffic; therefore, the proposed Project meets the traffic related criteria of CEQA Guidelines Section 15332(d).

Noise
Construction Noise. The Project site is in an urbanized area that is developed with commercial uses.

Construction of the proposed digital display billboard may result in temporary increased noise levels from construction activities that include site preparation, excavation, and billboard construction. The effects of Project construction noise levels on longer-term (hourly or daily) ambient noise levels could result in temporary noise leading to levels of annoyance or sleep disturbances at nearby sensitive receptors, if not restricted to daytime hours. According to the City of Montebello Code of Ordinances section 9.08.050, Loud and raucous noise, noise and vibration sources associated with construction are allowed only between the hours of 7 a.m. and 8 p.m. on weekdays (Monday through Friday) and 9 a.m. to 6 p.m. on Saturdays, Sundays, and legal holidays. Compliance with the permissible construction hours established by the Montebello Code of Ordinances would reduce the effects of noise produced by construction activities on longer-term (hourly or daily) ambient noise levels. Furthermore, the increased noise levels would be temporary and would not remain after construction is complete. Therefore, no new noise-related construction impacts are anticipated from the proposed Project.

Operational Noise. The proposed Project would construct a double-faced digital display billboard. The Project would not generate new sources of noise from the Project and will not generate new vehicular traffic on the nearby roadways. Therefore, no new noise-related impacts during operation are anticipated from the proposed Project.

Vehicular Noise. The proposed Project is a new digital display billboard Project that would not result in an increase in the number of truck trips nor alter the speed limit on any existing roadway. Therefore, no new noise-related impacts from vehicular noise are anticipated from the proposed Project.

Aircraft Noise. The nearest airport is the San Gabriel Valley Airport, located 6.3 miles northeast of the Project site. The proposed Project is not located within an airport land use, within two miles of an airport, or within the vicinity of a private airstrip. Therefore, the proposed Project would have no impact related to aircraft noise.

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
Ground-borne Vibration. Construction activity can result in varying degrees of ground vibration, depending on the equipment used on the site. Construction of the proposed Project may result in temporary increased vibration levels from construction activities that include site preparation, excavation, and billboard construction. However, as discussed above, per City of Montebello Code of Ordinances section 9.08.050, Loud and raucous noise, noise and vibration sources associated with construction are permitted only between the hours of 7 a.m. and 8 p.m. on weekdays (Monday through Friday) and 9 a.m. to 6 p.m. on Saturdays, Sundays, and legal holidays. Compliance with the permissible construction hours established by the Montebello Code of Ordinances would reduce vibration impacts during construction. Therefore, no new vibration-related construction impacts are anticipated from the proposed Project.

AIR QUALITY
This section is based on the Construction Air Quality Emission Summary for the 2601 Via Campo Digital Billboard Project, prepared by EPD Solutions, Inc. on January 19, 2024, and included as Appendix D.

Regional Construction Emissions. The Southcoast Air Quality Management District (SCAQMD) has adopted maximum daily emission thresholds (pounds/day) for the criteria pollutants during construction of a Project.

The regional thresholds apply to the criteria pollutants mentioned in Table 2. These construction emission thresholds include the Project emissions generated both from onsite sources (such as off-road construction equipment and fugitive dust) and offsite sources (vehicle travel leaving and arriving to the site). The California Emissions Estimator Model (CalEEMod v. 2022.1.1) land use emission model was used to analyze Project construction emissions, which is estimated to last approximately 10 days. The Project’s maximum daily regional emissions would not exceed SCAQMD’s thresholds of significance, as shown in Table 2. In addition, design and construction of the Project would comply with applicable SCAQMD rules and regulations, including Rule 403 to minimize fugitive PM dust emissions. Therefore, the proposed Project would have lessthan-significant air quality impacts related to regional construction emissions.

Table 2: Regional Construction Emission Estimates
Construction Activity Maximum Daily Regional Emissions (pounds/day) ROG NOx CO SO2 PM10 PM2.5
2024
Demolition 1.4 13.5 12.8 0.0 0.9 0.6
Site Prep 0.9 15.1 9.8 0.1 3.4 1.1
Building Construction 0.6 6.0 6.1 0.0 0.3 0.2
Paving 0.5 4.2 5.9 0.0 0.3 0.2
Maximum Daily
Emission 0.9 15.1 9.8 0.1 3.4 1.1
SCAQMD Significance
Thresholds 75 100 550 150 150 55
Threshold Exceeded? No No No No No No
Source: Appendix D
Regional Construction Emissions. The SCAQMD recommends the evaluation of localized NOX, CO, PM10, and PM2.5 construction-related impacts to sensitive receptors in the immediate vicinity of the Project site. Such an evaluation is referred to as a localized significance threshold (LST) analysis. The impacts were analyzed pursuant to the SCAQMD’s Final Localized Significance Threshold Methodology. SCAQMD has developed LSTs that represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards, and thus would not cause or contribute to localized air quality impacts.

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
A sensitive receptor is defined as an individual who is most susceptible to negative health effects when exposed to air pollutants including children, the elderly, and adults with chronic health issues. Such receptors include residences, schools, elderly care centers, and hospitals. The nearest sensitive receptor is the senior apartment community located 0.2 miles (1,054 feet) Feet to the east and described in Section 2.2, Existing Project Site. SCAQMD provides screening tables for Projects that disturb less than or equal to 5 acres in size in a day. These tables were created to easily determine if the daily emissions of NOX, CO, PM10, and PM2.5 from a Project could result in a significant impact to the local air quality. As shown in Table 3, with implementation of SCAQMD Rules 403 and 1113, the maximum daily construction emissions from the proposed Project would not exceed the applicable SCAQMD LST thresholds. Therefore, the Project would result in a less-than-significant impact related to localized emissions from construction activities.

Table 3: Regional Construction Emission Estimates
Construction Activity Maximum Daily Regional Emissions (pounds/day) NOx CO PM10 PM2.5
2024
Demolition 13.2 12.2 0.7 0.5
Site Prep 6.2 6.2 1.5 0.5
Building Construction 6.0 6.1 0.3 0.2
Paving 4.2 5.3 0.2 0.2
Maximum Daily Emission 13.2 12.2 1.5 0.5
Threshold 83.0 673.0 5.0 4.0
Source: Appendix D
Operational Emissions: Due to the nature of the Project, an operational analysis was not warranted. The proposed Project is a digital display billboard that would not generate air quality emissions. As such, the Project would result in no impact related to operational air quality emissions.

WATER QUALITY
The Project site is within the Los Angeles River watershed and under the jurisdiction of the Los Angeles Regional Water Quality Control Board (RWQCB), which sets water quality standards for all ground and surface waters within its region. Water quality standards are defined under the Clean Water Act (CWA) to include both the beneficial uses of specific water bodies and the levels of water quality that must be met and maintained to protect those uses (water quality objectives). Water quality standards for all ground and surface waters overseen by the Los Angeles RWQCB are documented in its Basin Plan, and the regulatory program of the Los Angeles RWQCB is designed to minimize and control discharges to surface and groundwater, largely through permitting, such that water quality standards are effectively attained.

Construction. Construction of the proposed Project would require grading and excavation of soils, which would loosen sediment, and then have the potential to mix with surface water runoff and degrade water quality. Additionally, construction would use heavy equipment and construction-related chemicals, such as concrete, cement, asphalt, solvents and paints. These potentially harmful materials could be accidentally spilled or improperly disposed of during construction and, if mixed with surface water runoff could wash into and pollute waters.

Construction of the Project would disturb less than one acre of soil; therefore, the proposed Project would not be required to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges of Storm Water Associated with Construction Activity. The proposed Project would be required during the City’s permitting process to provide plans that demonstrate compliance with the NPDES and Urban Stormwater Mitigation Plan (USWMP). Adherence to the existing requirements and

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
implementation of the appropriate best management practices (BMPs) as ensured through the City’s construction permitting process would ensure that the Project would not violate any water quality standards or waste discharge requirements, potential water quality degradation associated with construction activities would be minimized, and impacts would be less than significant.

Operations. The proposed Project is not expected to result in non-point source pollutants. As mentioned above, the proposed Project would be required during the City’s permitting process to provide plans that demonstrate compliance with the NPDES and Urban Stormwater Mitigation Plan (USWMP). With implementation of existing regulations including the City Municipal Code, and subsequent verification during the plan check and permitting process, the Project would not violate any water quality standards or waste discharge requirements, nor would it otherwise substantially degrade surface or ground water quality.

The Project site is located within Zone X of FEMA’s National Flood Hazard. Zone X areas have “0.2 percent annual chance flood hazard, areas of 1 percent annual change flood with depth less than one foot or with drainage areas of less than one square mile; and areas protected by levees from 1 percent annual chance flood”, per FEMA FIRM Map 06037C0700F (FEMA, 2008). Furthermore, as discussed previously, the Project site is in an urban developed commercial site. As such, the proposed digital display billboard would not place housing or new structures within a 100-year flood hazard area.

Overall, the proposed Project would not result in any significant effects relating to water quality; therefore, the proposed Project meets the water quality related criteria of CEQA Guidelines Section 15332(d).

In addition to traffic, air quality, noise and water quality, this Exemption Justification looks at whether the digital display billboard would result in any significant aesthetic impacts.

AESTHETICS
Existing nighttime light sources in the vicinity include streetlights, parking lot lights, headlights from passing vehicles, highway lighting, and lighting on buildings and structures. Visual simulations of the proposed Project have been prepared as part of the permitting process in order to obtain an Off-Premises Digital Display Sign Permit from the City of Montebello. The visual simulations are included as Figure 7, Visual Simulations.

As shown in the visual simulations, the digital display billboard is compatible with the current land uses and would be visible from both eastbound and westbound SR-60.

The closest residences to the Project site is a multi-family apartment complex located approximately 0.08 mile (445 feet) north of the Project site, as shown in Figure 3. This residential area is separated from the Project site by Via Campo and SR-60 and is lower in elevation than SR-60. The higher elevation of SR-60, the 12-foot freeway screening wall, and the lower elevation of the residential area serve to obscure the majority of the billboard. Limited views of the top of the billboard from the residential area are expected, if any.

A 3-story high senior apartment community is located approximately 0.2 mile (1,054 feet) east, as described in Section 2.2, Existing Project Site. The building’s configuration is triangular with a courtyard in the center.

Due to this configuration only the west side of the building faces the digital display, but the distance of 0.2 miles (1,054 feet), the height of the digital displays at 75’, and the intervening landscape of trees and other vegetation on the property, utility lines, city trees adjacent to Via Campo, retail and commercial buildings and on-premise signage would limit any view of the digital display from the west side of the building. The north and east side of the building would have no impact from the digital display. There is potential of views to the Billboard from the senior apartment community. However, due to the distance 0.2 mile (1,054 feet) and intervening landscape (which includes tall trees, powerlines, commercial buildings) the views would be limited.

Via Campo Digital Billboard
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Single-family homes are located to the southeast of the Project site, as described in section 2.2, Existing Project Site. This residential area is higher in elevation than Montebello Plaza. As such, limited views of the proposed billboard from these homes are expected. However, due the distance (0.30 mile or 1,500 feet) and intervening landscape (which includes tall trees, powerlines, commercial buildings, signage for the plaza, and three-story buildings) the views would be interrupted and intermittent.

A Letter of Certification was prepared by Media Resources on January 23, 2024, and is included as Appendix B. The letter certifies that the proposed Project would comply with the City of Montebello Code of Ordinances section 17.62.105, as shown in Table 1. As required by the City of Montebello Code of Ordinances, the proposed billboard would include an operating mechanism that turns off the display or turns it all black in the event of a malfunction. In addition, the proposed digital display billboard would be equipped with modern brightness controls, capable of sensing ambient light in order to set the display to a brightness level that will not exceed 0.3-foot candles above ambient light conditions, which is the International Sign Association’s maximum nighttime brightness level recommendation for digital display billboards (Media Resources, 2024).

A project-specific light study was prepared as part of the Letter of Certification and to confirm that the maximum intensity of light output produced by billboards authorized pursuant to the City of Montebello Code of Regulations would not exceed 0.3 foot-candles at 250 feet. Light output from the proposed Project would not exceed 0.3 foot-candles at 250 feet, as illustrated in Figure 8, Light Study. Furthermore, digital displays would be oriented to be visible to SR-60 east and west at the structure height from 61’-75’ (14’ height of digital unit) of the total height of structure. As such, while there would be limited views of the digital display billboard structure as described above, the digital displays (LED lights) would not be visible from the north or south of the Project location. Therefore, the light output would not have impact to the nearest residences (which are located across SR-60, approximately 445 feet north of the Project site).

The proposed Project would require Caltrans approval and a City of Montebello Off-Premises Digital Display Sign Permit as stated in Section 3, Project Description. The proposed digital display billboard would have lighting in conformance with Caltrans Outdoor Advertising Division, Outdoor Advertising Association of America (OAAA) and Montebello Municipal Code standards that minimize light and glare impacts, which would be verified during the approval and permitting process. Therefore, with implementation of existing code and regulations, the proposed Project would not create a new source of substantial light and or glare; therefore, the Project would have less than significant impacts related to light and glare.

The proposed Project is consistent with the zoning classification of General Commercial (C-2). As previously discussed, the Proposed Project would not conflict with Caltrans outdoor advertising requirements, City Municipal Code, or other regulations. Therefore, the Project would have less than significant impact to scenic resources.
e) Criterion Section 15332(e): Utilities: The site can be adequately served by all required utilities and public services.

The utilities necessary to construct and operate the proposed Project (electric) would be adequately provided by existing utility service systems. The Project site is located in an urbanized and developed area. The proposed Project would connect to existing underground utility service lines surrounding the Project site.

Given the Project size and its location within an area that is currently served by utilities, the site can be adequately served by all required utilities and public services. Therefore, the proposed Project meets the criteria of CEQA Guidelines Section 15332(e).

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2601 Via Campo - Digital Billboard Figure 7
City of Montebello
Visual Simulations
Highway 60 Eastbound
Highway 60 Westbound

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2601 Via Campo - Digital Billboard
City of Montebello
Figure 8
Light Study

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4.2. EXEMPTIONS FOR EXEMPTIONS
In addition to investigating the applicability of CEQA Guidelines Section 15332 (Class 32), this CEQA document also assesses whether any of the exceptions to qualifying for the Class 32 categorical exemption for an infill project are present. The following analysis compares the criteria of CEQA Guidelines Section 15300.2 (Exceptions) to the Project.
a) Criterion 15300.2(a): Location: Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

The Project does not qualify for an exemption under Classes 3, 4, 5, 6 or 11. The Project is located within an urban developed area and is not located within a sensitive environment. In addition, the Project would not result in any impacts on an environmental resource of hazardous or critical concern. Therefore, the exception under criterion 15300.2(a) is not applicable. b) Criterion 15300.2(b): Cumulative Impact: All exemptions for these classes are inapplicable when the cumulative impact of successive projects with similar uses over a similar geological area over time is significant.

The proposed Project would construct a digital display billboard on a small (240 SF), landscaped site that is surrounded by commercial uses and is already served by utilities. Any construction effects would be temporary, confined to the Project vicinity, and reduced to a less-than-significant level by implementation of existing applicable regulatory requirements. No successive projects of the same or similar use within the vicinity of the Project are known or expected to occur over time that would result in cumulatively considerable impacts. Furthermore, as discussed throughout this justification document, the proposed Project would not result in significant environmental impacts that would be capable of combining with impacts from other cumulative projects to result in a cumulative impact. Therefore, the exception under CEQA Guidelines Section 15300.2 (b) does not apply to the Project.
c) Criterion 15300.2(c): Significant Effects: A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

There are no known unusual circumstances that are applicable to the Project, and which may result in a significant effect on the environment. The proposed Project consists of the construction of a double-faced digital display billboard with face sign dimensions of 14 feet by 48 feet and an overall height of 75 feet.

The Project site would be consistent with the City’s General Plan and the Municipal Code. The Project would not introduce a new activity to the area that could result in a significant effect on the environment. Therefore, the exception under CEQA Guidelines Section 15300.2(c) does not apply to the Project. d) Criterion 15300.2(d): Scenic Highways: A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

The Project site is not located within a State scenic highway corridor. The nearest Officially Designated State Scenic Highway to the proposed Project property is State Route 2 (SR-2) located about 30 miles to the north

Via Campo Digital Billboard
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and is not visible from the Project site. Therefore, the exception under CEQA Guidelines Section 15300.2(d) does not apply to the Project.
e) Criterion 15300.2(e): Hazardous Waste Sites: Hazardous Waste Sites: A categorical exemption shall not be used for a project located on a site which is included on any list complied pursuant to Section 65962.5 of the Government Code.

The Project site is not included on a list compiled pursuant to Section 65962.5 of the Government Code. The Department of Toxic Substances Control (DTSC) EnviroStor is an online data management system for tracking cleanup, permitting, enforcement, and investigation efforts at hazardous waste facilities and sites with known or suspected contamination issues (DTSC, 2024). The nearest site listed on EnviroStor is located approximately 0.35 miles west of the Project site. Therefore, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the Project.
f) Criterion 15300.2(f): Historical Resources: A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

The Project site is a landscaped area measuring approximately 240 (SF) at the northwest corner of the optometrist office and located within the Montebello Plaza. The Project site is surrounded by commercial buildings and associated parking lots. There are no documented historic resources on or within the immediate vicinity of the Project site. Therefore, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the Project.

Conclusion
On the basis of the evidence provided above, the Project is eligible for a Class 32 Categorical Exemption in accordance with Section 15332, Infill Development Projects, of the CEQA Guidelines. Because the proposed Project meets the criteria for categorically exempt infill development projects listed in CEQA Guidelines Section 15332 and it would not have a significant effect on the environment, this analysis finds that a Notice of Exemption may be prepared for the Project.

5. REFERENCES
CalPacific Sciences. (2024). Tree Survey and Arborist Report. Attachment C.

Caltrans. (2022). Caltrans Response Letter for Outdoor Advertising Preliminary Application Number P07- 3577. Attachment A.

Caltrans (n.d.) Caltrans Outdoor Advertising Map Viewer. https://tableaupublic.dot.ca.gov/t/TrafficOperations/views/ODAPermitsPublicFacing/Dashboard1?:showAppBanner=false&:display_count=n&:showVizHome=n&:origin=v iz_share_link&:isGuestRedirectFromVizportal=y&:embed=y
City of Montebello. (1973). Land Use Element. Retrieved February 8, 2024. https://cdnsm5- hosted2.civiclive.com/UserFiles/Servers/Server_58672/File/Land%20Use%20Element.pdf City of Montebello. (2016). Zoning Map. Retrieved February 7, 2024. https://cdnsm5- hosted2.civiclive.com/UserFiles/Servers/Server_58672/File/Departments/Planning%20&%20Co mm.%20Dev/Planning%20Division/Zoning%20Map/FinalOfficialZoningMapOct2016.36x48.pdf City of Montebello. (2023). Code of Ordinances. Retrieved February 8, 2024. https://library.municode.com/ca/montebello/codes/code_of_ordinances DTSC. (2024). EnviroStor. Retrieved February 7, 2024. https://www.envirostor.dtsc.ca.gov/public/

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
EPD Solutions. (2024). Construction Air Quality Emission Summary for the 2601 Via Campo Digital Billboard Project. Attachment D.

Media Sources. (2024). Letter of Certification for Premier Media. Attachment B.

FEMA. (2008). FEMA’s National Flood Hazard Layer Viewer. Retrieved February 15, 2024. https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529 aa9cd

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End of document.

Notice of CEQA Exemption ATTACHMENT F
City of Montebello 1
To:

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

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

Montebello, CA 90640
Lead Agency: City of Montebello Planning and Community Development Department Project Title: Development Agreement to allow for the construction of a double-faced digital billboard sign at 2601 Via Campo
Project Location: 2601 Via Campo, Montebello, CA 90640
Case Number(s): DA 01-24 & ENV No. 06-24-CE
Description of Nature, Purpose, and Beneficiaries of Project: Development Agreement (“DA”) Case No. DA 01-24 to allow the construction of a double-faced digital display sign located at 2601 Via Campo (“Project Site”).

Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: Premier Media Southwest LLC on behalf of ML House, LLC (Brixmor Montebello Plaza) (“Property Owner”)
Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: Class 32- CEQA Guidelines Section 15332 (In-Fill Development)
Statutory Exemptions. State code number:

Justification for Project Exemption:

The Project is Categorically Exempt per §15332 - Class 32 (In-Fill Development), as none of the limitations set forth in CEQA Guidelines 15300.2 apply. To qualify under an exemption pursuant to Class 32 of Section § 15332 (In Fill Development Projects), the following environmental findings must also be made. The project is consistent with the General Plan as well as applicable zoning designation and regulations being for Off-premises digital display signs with various permitted uses, the Project occurs within City limits and is on a project site of no more than five (5) acres, and the Project Site has no value as habitat for endangered, rare, or threatened species because it is on an existing developed site. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality and the site can be adequately served by all required utilities and public services.

Lead Agency Contact Person: Joseph A. Palombi, Director of Planning & Community Development Area Code/Telephone/Extension: (323) 887-1200
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.

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

MONTEBELLO PLANNING COMMISSION
RESOLUTION NO. 04-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MONTEBELLO RECOMMENDING THAT THE CITY COUNCIL OF THE

CITY OF MONTEBELLO ADOPT AN ORDINANCE APPROVING
AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 01-24
(2601 Via Campo) BETWEEN THE CITY OF MONTEBELLO AND

PREMIER MEDIA SOUTHWEST LLC FOR A DIGITAL SIGN
WHEREAS, on February, 2024, the Applicant requested to enter into an Amended and Restated Development Agreement (“DA No. 01-24”) with the City to allow the installation and continued operation of a new double faced 14’ x 48’, off premise digital display sign pursuant to Government Code Sections 5200, 5412, 5443.5, and 65865 et seq.

WHEREAS, The Development Agreement Statute provides that the Planning Commission and the City Council must each hold a public hearing on the proposal prior to approving a development agreement. Development Agreements must be adopted by an ordinance approved by the City Council and cannot be approved unless the legislative body finds that the request/project conforms to the General Plan and any applicable specific plan.

WHEREAS, California Government Code Sections 65864, et seq., (“Development Agreement Law”) authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and
WHEREAS, Amended and Restated Development Agreement 01-24 between the City of Montebello (“City”) and Premier Media Southwest LLC (“Developer”) is being recommended to the City Council for approval; and
WHEREAS, Developer has a leasehold interest in that certain portion of real property located at 2601 Via Campo in the City of Montebello, CA 90640, Assessor Parcel Number 5295-001-020; and
WHEREAS, section 17.62.105(C)(2) of the Montebello Municipal Code requires a development agreement be approved by the city council for relocation of an off-premises sign, and its replacement with a new off-premises digital display sign; and WHEREAS, such development agreement as required by section 17.62.105(C)(2) must contain appropriate standards and public benefits to be negotiated between the sign

ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4212 WITH PLACER LABS INC. TO PROVIDE ECONOMIC DEVELOPMENT

ANALYSIS, CONSUMER VISITATION REPORTS, AND PROJECT

IMPLEMENTATION STRATEGIES
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4212 with Placer Labs, Inc. to provide economic development analysis, consumer visitation reports, and project implementation strategies for a total, two-year not to exceed amount of $62,000; and

2. Authorize the City Manager to execute Professional Services Agreement No.4212 with Placer Labs, Inc on behalf of the City; and

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

FISCAL IMPACT:

Placer Labs, Inc. provides specialized economic development related services such as consumer visitation data and other key data sources for project and program implementation strategies. Due to the unique services offered by Placer Labs, Inc., including its functionality and access to specific data sets, the Professional Services Agreement was procured pursuant to Montebello Municipal Code Section 3.21.025(B) - Conformance with Bidding Procedures: "When the professional/special services needed can be obtained from one source only."
The Planning and Community Development Department relies on the Placer Labs data sets to identify opportunities and messaging to attract retailers and businesses to the City

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

of Montebello through its economic development efforts. The Twenty Nine Thousand Three Hundred and Four Dolllars ($29,304) to fund the first year of this agreement were included in the Fiscal Year 2024-25 adopted budget. The Professional Services Agreement (Attachment A) is for two years (terminating on June 30, 2026) for a total notto-exceed amount of $62,000. The fee includes specialized economic developmentrelated services to support city staff with key data sets and analysis related to consumer visitation trends within the City of Montebello. Funding for the second year of the agreement will be included in the FY 2025-26 budget should this agreement be approved.

BACKGROUND/DISCUSSION:

Placer Labs, Inc. is a location analytics platform that specializes in data sourcing, processing, and analysis for private and public economic development entities across the country. The platform captures consumer visitations within a targeted location or area by using geo-fencing technology and aggregates key consumer behavior to generate significant insights for the targeted venue/area and/or municipality. The Placer platform receives data from multiple mobile apps, which the platform’s algorithm model accumulates and extrapolates into a range of metrics such as retailer site selection, travel patterns for consumers and visitors, and trade area prioritization for businesses. The platform also provides updated census data and trends and information pertaining to corporate retailers.

In July 2022, the City of Montebello entered into an agreement with Placer Labs, Inc. in the amount of $28,000 to provide specialized economic development related services to support Planning and Community Development Department staff in providing and analyzing economic data such as consumer visitation patterns citywide. In July 2023, the agreement was renewed for one additional year at a reduced rate of $19,000 to continue to support the department’s economic development division. In January 2024, the City of Montebello amended the agreement to increase the amount by $3,045 to incorporate a Site Selection component to the original data set provided by Placer Labs, Inc., a component that allows city staff to analyze and recommend “best case” locations within the city for retailers interested in establishing a location in the city. The agreement was executed pursuant to Montebello Municipal Code Section 3.21.050 et seq (City Manager’s authority).

The recommended actions seek City Council approval to continue to utilize the unique economic development services pursuant to Professional Services Agreement No. 4212 (Attachment A) between the City of Montebello and Placer Labs, Inc. in a not to exceed amount $62,000 over a two year period (through June 30, 2026).

ENVIRONMENTAL:

N/A
ANALYSIS:

Approval of this professional services agreement would continue Placer Labs, Inc. role

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

in providing economic development related services such as consumer visitation data and other key data sources for project and program implementation strategies. Planning and Community Development Department staff are using the Placer data sets to identify opportunities and messaging to attract retailers and businesses to the City of Montebello. Additionally, the Placer Labs, Inc. platform allows staff to perform trade area analysis to capture retail leakage data that in turn provides for strategic and targeted outreach efforts for corporate retailers.

A key example of how staff uses the Placer Labs, Inc. data platform is the production of monthly consumer visitation reports for eight key “shopping sites and districts” around the city which allows staff to identify any possible deficiencies if the visitation numbers indicate a problem area and/or trend. The monthly reports also allow City staff to develop strategic outreach campaigns to encourage visitors to Montebello by highlighting insights gleamed from the modeling provided by the platform.

With the recent approval of the Citywide General Plan and the Downtown Montebello Specific Plan, the Placer Labs, Inc. platform will allow for Planning and Community Development Department staff to further refine development opportunities by using realtime visitor data to analyze traffic patterns and pedestrian circulation trends.

SUMMARY:

Staff recommend approving Professional Services Agreement No. 4212 with Placer Labs, Inc. to provide economic development analysis, consumer visitation reports, and project implementation strategies for a total, two-year not to exceed amount of $62,000; and authorize the City Manager to execute the Professional Services Agreement on behalf of the City.

ATTACHMENT(S)

1. ATTACHMENT A - Agreement No. 4212 Placer Labs Inc.

ATTACHMENT A

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4212
WITH PLACER LABS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on July 24, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and PLACER LABS, INC. (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide services to facilitate Economic Development Analysis, Consumer Visitation Reports, and Project Implementation Strategies; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education, technology and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement and its Exhibits, including scope of work, addenda or supplemental agreements and professional services as are set forth in Exhibit “A” and incorporated herein by this reference.
b. All other documents, including but not limited to all applicable bonds, insurance certificates, notices, schedules, forms, certifications, and affidavits.
c. “Approved Fee Schedule" Such compensation rates as are set forth in the Placer order form attached hereto as Exhibit “B”.

B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

A. All terms, conditions, requirements, and provisions of the services is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

B. The CONSULTANT shall provide to the CITY all labor, equipment, materials and

PROFESSIONAL SERVICES AGREEMENT NO. 4212

incidental necessary to provide services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

C. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” for a total not to exceed Sixty-Two Thousand Dollars ($62,000) and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on June 30, 2026, unless terminated earlier as hereinafter provided. This Agreement may be extended for two (2), one (1) year periods, with mutual written agreement from both parties.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement. c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. The CONSULTANT shall have the right to retain, subject to t h e CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law.

Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and

PROFESSIONAL SERVICES AGREEMENT NO. 4212

shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

Termination:. The CITY shall have the option, at its sole discretion to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONSULTANT.

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

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

PROFESSIONAL SERVICES AGREEMENT NO. 4212

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

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement.

Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subcontractor of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.

PROFESSIONAL SERVICES AGREEMENT NO. 4212

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence and 4,000,000 aggregate.

Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Professional Liability insurance appropriate to the CONSULTANT’s profession, with limit no less than $2,000,000 per occurrence and $4,000,000 aggregate. b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. c. The CONSULTANT shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's

PROFESSIONAL SERVICES AGREEMENT NO. 4212

Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Management
1600 West Beverly Boulevard
Montebello, CA 90640
[email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to the commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insured’s. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers,

PROFESSIONAL SERVICES AGREEMENT NO. 4212

employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and

PROFESSIONAL SERVICES AGREEMENT NO. 4212

costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

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

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

SECTION 22. NOTICE.

PROFESSIONAL SERVICES AGREEMENT NO. 4212

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

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – City Clerk’s Office 1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]
If to Consultant: Placer Labs, Inc.

Attn: Charles Maltbie
440 N. Barranca Ave #1277 Covina, CA 91723
(330) 881-3218
Email:[email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.

Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 4212

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

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT.

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

SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES
Unless otherwise specified in writing, the CONSULTANT agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded CONSULTANT. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONSULTANT. CONSULTANT acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONSULTANT with the governmental agency. This provision in no way guaranteed that the CONSULTANT will agree to enter into a contract with a governmental agency pursuant to this Section.
[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4212

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

Raul Alvarez, City Manager Charles Maltbie, Renewals
Account Executive
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Placer Professional Services Agreement
• Exhibit B – Annual License Fee order Form

ATTACHMENT A
Exhibit “A”
� Placer.ai
Professional Services Agreement Agr. No4212 EXHIBIT A
Placer Background
• Placer.ai is the leading location intelligence platform, showcasing advanced foot traffic analytics from an expansive panel throughout the United States. This near real time data enables Civic Leaders to support their communities with multiple projects, including Retail Recruitment, Event Analysis, Travel and Tourism, Local Business Support, and many more. These goals are facilitated by a best in class Customer Success Team, who guide clients every step of the way.

In addition to Placer's proprietary al and machine learning, we stand alone in the marketplace in these areas:
• Placer's data accuracy. Our retail, civic, airport, and hedge fund customers have found between 93-98.3% correlation with their ground truths-this is unmatched in the marketplace. This is especially true after the recent changes in IDFA with Google and Apple affected other mobile data providers' panels but not ours- competitors experienced major panel degradation, because they lost major data suppliers. We are the only one to our knowledge that builds and owns our own panel and never collected anything personally identifiable in the first place, and thus, on a related note...our privacy-first policy. • The unlimited nature of our subscription (unlimited seats, licenses, data pulls, points-of-interest, advanced reports) • Very short lag time (3 days!) and very long history (starting January 1, 2017 for every piece of dirt in the US) • The ease of data platform use/ self-serve user interface-customers who have made the switch to us from your option have indicated that our platform is extremely easy to use by comparison. • Placer's Customer Success team's fantastic consulting • Placer is the leader in the marketplace with over 4000 active customers, including hundreds of cities, chambers, and counties nationwide. (We add a few cities and chambers per week, sometimes per day!) By comparison, we're extremely well-established and well-funded. In our last funding round, we were valued at over $1 billion. We currently have over 800 employees-almost a third of which are data scientists working to continually perfect our product and data algorithms. (This is massive by comparison). " Services Included
• Access, via Placer Venue Analytics Platform, to all major venues within the United States • Access, via Placer's Platform, to reports, including visits, trade areas, customer journey, customer insights, dwell times, and visitation by hour/day
• Actionable insights include:
o Accurate foot traffic counts and dwell time
o True trade area displaying frequent-visitors-density by home and work locations o Customers' demographics, interests, and time spent at relevant locations o Where customers are coming from and going to, and the routes they take o Benchmarking of foot traffic, market share, audiences, and other key metrics o Competitive insights
o Void analysis reports
• Access to Xtra reports per ad hoc needs, in Excel, KML, Tableau. and other formats • Premier customer support
o Regular meetings with Placer's customer success team
o Live, virtual training support
• Access to STI demographics bundle + mosaic data set. The applicable advanced demographics and psychographics are generated using the input datasets from the data vendors as set forth below:
o STI Demographics Bundle - PopStats, Spending Patterns, Workplace, Market Outlook o Experian Mosaic - Mosaic Segmentation
placer.al • [email protected] • 512.598.1850
© 2020 Placer Labs, Inc.

PLACER LABS, INC.

Exhibit B
AMENDMENT NO. 4 TO ORDER FORM - AGR. NO. 4212
This Amendment No. 4 to Order Form (this “Amendment 4”), dated as of June 24, 2024 (the “Amendment 4 Date”), modifies the Order Form executed by City of Montebello (“Customer”) and Placer Labs, Inc. (“Placer”) on or about July 20, 2022 (together with any other prior amendments thereto, the “Order Form”). Unless otherwise defined, capitalized terms herein have the same meaning as in the Order Form. Placer and Customer agree to amend the Order Form as follows:

1. The Term of the Order Form will be renewed for 12 months starting July 20, 2024 (“Renewal Date”).

2. Starting on the Renewal Date, the Annual License Fee will increase, from $24,508 to $29,304.

3. Customer will receive an invoice for this upcoming Additional Term on the Renewal Date.

4. Starting on the Renewal Date, Customer access to Site Selection will be discontinued.

5. For avoidance of doubt, this Amendment 4 acknowledges the third 12-month term of the Order Form.

6. In all other respects, the Order Form shall remain in full force and effect.

City of Montebello Placer Labs, Inc.

By: By:

Name: Raul Alvarez Name:

Title: City Manager Title:

ITEM # 18

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Paul Espinosa, Police Chief
SUBJECT: APPROVE ACCEPTANCE OF CALIFORNIA HIGHWAY PATROL (CHP)

GRANT AWARD UNDER THE CANNABIS TAX FUND GRANT

PROGRAM (CTFGP)
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Accept grant funding awarded by the California Highway Patrol (CHP) under the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $195,456; and,

2. Authorize the City Manager to execute the contract for grant funds; and

3. Amend the Fiscal Year 2024-2025 budget and increase appropriations by $45,456 in Expenditure Account No. 265-80-832-5010.10 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Overtime) and $150,000 in Expenditure Account No. 265-80-832-6082 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Vehicle Purchase) and $195,456 in Revenue Account No. 265-99-4198.86 (Grants, CHP Cannabis Tax Fund); and

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

FISCAL IMPACT:

The City of Montebello is being awarded $195,456 from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program. Although the City must pay upfront costs, authorized expenditures will be reimbursed by the grant. Reimbursement claims will be submitted as expenses are incurred based on the needs of the Police Department.

The funds are to be distributed to a specific CHP-Grant account which will reflect the following budget: Account No. 265-80-832-5010.10 -- Grants, Police, CHP Cannabis Tax Fund Grant Program, Overtime and Account No. 265-80-832-6082 -- Grants, Police, CHP

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

Cannabis Tax Fund Grant Program, Vehicle Purchase:

1. Personnel Costs-Overtime (5010.10) $45,456

2. Machinery & Equipment (6010.10) $150,000
TOTAL $195,456
The recommended action also creates a revenue budget of $195,456 to record the grant funds which will reimburse the City for approved expenses: Account No. 265-99-4198.86 (Grants, CHP Cannabis Tax Fund). The Fiscal Year 2024-25 budget will be amended by adjusting appropriations in the expenditure and revenue accounts listed above.

BACKGROUND/DISCUSSION:

The California Highway Patrol (CHP) works closely with state and local agencies and other traffic safety stakeholders to actively address impaired driving. The CHP considers a variety of factors in determining specific needs for each grant cycle, including opportunities and projects best suited to prevent the loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs.

With the passage of Proposition 64 in 2016, The Control, Regulate, and Tax Adult Use Marijuana Act (AUMU), California voters mandated the state to set aside funding for the CHP to provide grants to local governments and qualified non-profit organizations for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code (RTC).

ENVIRONMENTAL:

N/A
ANALYSIS:

These law enforcement grants are aimed to provide financial assistance to allied agencies for the education, prevention and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Police Department’s effectiveness through training and development of new strategies.

The City of Montebello has been approved to receive $195,456 from the CHP Grant Program. Funding for FY 2024-25 has been approved for use by the Police Department to conduct high visibility traffic enforcement operations and to procure a Traffic Unit Vehicle.

SUMMARY:

The Department has been awarded a CHP Grant in the amount of $195,456. The Grant will enable the Department to conduct traffic enforcement operations. As a result of the

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

award of these reimbursable grant funds, the Department is able to deploy officers and conduct high visibility traffic campaigns. The support of the CHP Grant will aid in these goals and expand our efforts.

Staff recommends City Council authorize the proposed use of the Grant as further outlined in the attached grant application and amend the FY 2024-25 budget by increasing appropriations by $45,456 in Expenditure Account No. 265-80-832-5010.10 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Overtime) and $150,000 in Expenditure Account No. 265-80-832-6082 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Vehicle Purchase) and $195,456 in Revenue Account No. 265-99- 4198.86 (Grants, CHP Cannabis Tax Fund),

ATTACHMENT(S)

1. Attachment A - FY24-25 RFA - Law Enforcement Small and Mid-Size

2. Attachment B - FY24-25 CTFGP Intent to Award – C O Montebello PD

3. Attachment C - Resolution No. 24-48 - CHP Grant Award 2024

4. Attachment D - FY24-25 CTFGP Grant Agreement - City of Montebello PD

CANNABIS TAX FUND GRANT PROGRAM

REQUEST FOR APPLICATION (RFA)
Grant Opportunity
Law Enforcement
Eligible Grant Applicants
Small and Mid-Size Law Enforcement Organizations/Agencies Small-Size: 100 Employees or Less
Mid-Size: 500 Employees or Less
Project Performance Period
July 1, 2024, through June 30, 2025

ATTACHMENT A

This Request for Application (RFA) provides specific Grant Opportunity information for the Cannabis Tax Fund Grant Program (CTFGP) 2024-2025 Grant Cycle, including important deadlines and details. To ensure all eligibility requirements are met for successful participation in the CTFGP, please review the California Code of Regulations (Title 13, Division 2, Chapter 13) and other CTFGP information posted on the California Highway Patrol’s (CHP) website:
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program.

Important Dates
Activity Date
Grant Workshop January 9, 2024
Grant Application Submission Period January 9, 2024 – February 23, 2024 Grant Application Submission Deadline February 23, 2024, 5:00pm Pacific Time Grant Application Review February – May 2024
Award Announcements May – June 2024
Start of Project Performance Period July 1, 2024
Project Performance Period July 1, 2024 – June 30, 2025 Funding Requirements
A Grant Applicant may only submit one Grant Application, per Grant Opportunity, and shall only request the amount of grant funds necessary to complete the Project within the Project Performance Period.

Grant funds shall be used to implement new activities or augment existing funds, which expand current activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that are appropriated or earmarked for the same purpose and are routine and/or existing state and local expenditures. Supplanting is the deliberate reduction in the amount of federal, state, or local funding appropriated to an existing program or activity because grant funds are awarded for the same purpose. It is the responsibility of the Grant Applicant to ensure supplanting does not occur.

Match Requirements
This Grant Opportunity does not require matching funds.

Project Costs
Estimated Project costs shall support grant-funded Project activities that help address impaired driving and are directly related to the scope of work identified in the Grant Application. To be permissible, Project costs must be reasonable, necessary, and expended according to the CTFGP policies, procedures, and regulations.

Projects are required to have a realistic and prudent budget that avoids unnecessary expenditures unrelated to the Project activities. Final determination of eligibility and award will be made by the Cannabis Grants Unit (CGU) and approved within the Grant Agreement. Please refer to Annex A for ineligible expenses.

Project Performance Period
One Year – July 1, 2024, through June 30, 2025
Eligible Grant Applicants
Small-Size Law Enforcement Organizations/Agencies: 100 employees or less Mid-Size Law Enforcement Organizations/Agencies: 500 employees or less Small and Mid-Size Law Enforcement Organizations/Agencies, with the primary function of enforcing traffic laws, which includes responding to calls, making arrests, and issuing citations, pursuant to the California Penal Code, California Vehicle Code, and California Health and Safety Code.

Project Funding
Available Project funding is approximately $13 million, with a $500,000 cap, per Grant Application. The Grant Applicant must provide strong justification, measurable goals, and an immediate need for all requested budget items, as part of the Project.

Project Requirements
Requested services, equipment, and supplies shall be in direct support of grant-funded Project activities. Law Enforcement Projects shall include at least one Project activity and focus on one or more of the following areas:
• Increase driving under the influence (DUI)/driving under the influence of drugs (DUID) enforcement efforts (ex: DUI Saturation Patrols, DUI Checkpoints) • Drug Evaluation and Classification (DEC) Program courses (ex: SFST Training, ARIDE Training, DRE Training), and other trainings to help increase the knowledge of law enforcement personnel in detecting and removing impaired drivers from the roadway • General prevention education and community outreach designed to educate the public about the dangers of impaired driving (ex: presentations to high school and/or college students, with a direct focus on Drive High = DUI, or another campaign message against impaired driving)
If the Project includes limited, education-based activities, in conjunction with other enforcement-related activities/efforts, then Law Enforcement Organizations/Agencies should apply for this Law Enforcement Grant Opportunity.

If the Project, in its entirety, solely focuses on an innovative, education-based program for local communities, then Law Enforcement Organizations/Agencies should apply for the Education Grant Opportunity.

Eligible Project Cost Categories
Personnel
Costs may include compensation for wages, such as overtime, and benefits (annual leave and sick leave) for work directly related to, and consistent with, the Project. Personnel hours will be awarded based on the number of grant-funded Project activities approved by CGU. To be eligible for reimbursement, personnel services must occur within the Project Performance Period.

Eligible expenses may include, but are not limited to:
• Hours worked on Project activities above and beyond normal work duties, including DUI Saturation Patrols and DUI Checkpoints
• Attend or instruct approved trainings related to impaired driving • Backfill for staff attending trainings
Travel
Costs may include travel associated with approved in-state and out-of-state Project-related conferences, seminars, workshops, and trainings. The most economical mode of travel, in terms of direct expenses to the Project, must be used. Out-of-state travel is only allowed in exceptional situations. To be eligible for reimbursement, travel must occur within the Project Performance Period.

Eligible expenses may include, but are not limited to:
• Mileage (based on current State rate) or fuel expenses • Hotel accommodations
• Commercial airline fares
• Parking fees
• Bridge tolls and/or taxi or bus fares
For maximum allowed per diem rates, including meals and lodging, please visit the California Department of Human Resources (CalHR) website:
https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.

Equipment
Costs may include non-expendable, tangible, personal property having a normal useful life of more than one year, and an acquisition cost of at least $5,000 (ex: four identical assets, which cost $1,250 each, for a total of $5,000, are not considered an equipment purchase). Equipment shall be directly related and necessary to complete grant-funded activities included in the Project. Equipment should be purchased at the beginning of the Project Performance Period to ensure it is utilized when completing corresponding Project activities. If requesting equipment, the Project shall contain a correlating grant-funded Project activity (ex: Message Board for DUI Checkpoints). To be eligible for reimbursement, equipment must be purchased and received within the Project Performance Period.

Consultants/Contracts
Costs may include professional services necessary to carry out Project activities, including goals and deliverables, that are clearly outlined in the Grant Application. A copy of the Contract and/or Scope of Work must be submitted to and approved by the CGU prior to commencement of work. To be eligible for reimbursement, Consultants/Contracts services must occur within the Project Performance Period.

Other Direct Costs
Costs may include operational costs. Other Direct Costs shall be directly related and necessary to complete grant-funded activities included in the Project. Other Direct Costs should be purchased at the beginning of the Project Performance Period to ensure they are utilized when completing corresponding Project activities. To be eligible for reimbursement, Other Direct Costs must be purchased and received within the Project Performance Period.

Eligible expenses may include, but are not limited to:
• Equipment with an acquisition cost under $5,000 (ex: Preliminary Alcohol Screening [PAS] devices)
• Registration fees for approved conferences
• Educational/outreach materials (ex: brochures, pamphlets) • Social media costs
Additional Information
References
• Revenue and Taxation Code Section 34019
• California Code of Regulations, Title 13, Division 2, Chapter 13 For additional questions, please contact the Cannabis Grants Unit at (916) 843-4360 or via email at [email protected].

ANNEX A
Ineligible Expenses for
Law Enforcement Grant Opportunity
Items
Building/Facility Construction
Entertainment
Equipment-Only Projects (Must Have Correlating Grant-Funded Project Activity) Facility Rental
Food During Enforcement Efforts (ex: Pizza at DUI Checkpoint) Frozen Positions
Full Salary Positions
Gifts
Highway Construction, Maintenance, Design
Land
Law Enforcement Items (Spike Strips, Station-Related Software) Liability Insurance
Lobbying Costs
Office Furniture and Fixtures
Overhead Costs (ex: Microsoft Office Software, Cellular Plans, Vehicle Insurance & Maintenance) Professional Fees (ex: Membership Dues)
Supplanting
SWAT/Armored Vehicles
Traffic Investigation Equipment
Unapproved Trainings, Equipment, and or Other Direct Costs Uniforms
Utilities
Weapons
Vehicle Outfitting Items (Console, Gun Rack/Mount, License Plate Reader, Magnetic Decal) **The items listed above are provided as examples and do not constitute all ineligible costs**

State of California -- Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 6, 2024
File No.: 060.15426.14597.066.2024.00000
Sergeant Adam Mitchell
City of Montebello Police Department
1600 West Beverly Boulevard
Montebello, CA 90640
Dear Sergeant Mitchell:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the City of Montebello Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $195,456.00. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division

ATTACHMENT B

ATTACHMENT C

RESOLUTION NO. 24-48

APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2024.

ATTEST:

Christopher Jimenez, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
Scarlet Peralta, Mayor
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24-48 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24th day of July 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE: -------
Christopher Jimenez, City Clerk

State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
17889 ________________________________________________________________

1. GRANT TITLE
FY24/25 CTFGP Law Enforcement - City of Montebello Police Department

2. NAME OF ORGANIZATION/AGENCY
City of Montebello- Police Department

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
City of Montebello

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2024 To: 06/30/2025

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $195,456.00

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Paul Espinosa
Title: Chief of Police
Phone: (323) 887-1200
Address: 1600 West Beverly Boulevard
Montebello, CA 90640
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS
Name: Michael Solorza
Title: Director of Finance
Phone: (323) 887-1200
Address: 1600 West Beverly Boulevard
Montebello, CA 90640

ATTACHMENT D

TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

TERMS AND CONDITIONS
C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.

TERMS AND CONDITIONS
F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.

TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with

TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.

Schedule A
City of Montebello- Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
The City of Montebello Police Department has determined, through the analysis of traffic data, that the awarded funding will have the greatest impact in the community by increasing awareness of safe driving practices and conducting enforcement operations in areas that statistically have been demonstrated to be high occurrences of primary collision factors. The department has initially identified a time period where most traffic crashes have occurred (12:00 pm – 6:00 pm). While focusing the initial traffic enforcement operations during this time period, the department will continue to analyze emerging traffic data and trends. If awarded funding, implementation of all grant activities will be accomplished by deploying personnel at known problematic, data-driven locations. There will also be an effort to conduct several enforcement operations such as DUI checkpoints and DUI Saturation Patrols.

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

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

The City of Montebello is fortunate to have an active community that is very aware and concerned of traffic trends. Social media has played a large role in creating this open and fluid communication. Through additional data analysis the Police Department has observed a trend emerge, this new trend is being referred to as the “after-hours” trend. The noted crashes tend to be concentrated around the hours of “after-school” and “afterwork” commutes. The data demonstrates that between the hours of 12:00 pm- 6:00 pm; nearly 50% of the crashes (208) occurred in 2023. Officers will focus their enforcement hours on these time frames to ensure the greatest impact of enforcement activities.

Having identified a noticeable trend in the hours of the crashes, it is that much more concerning that our alcohol involved crashes have also increased (18 injured in 2021, 23 in 2022 including one fatality, and 23 in 2023). Additionally, our Office of Traffic Safety (OTS) Crash Rankings also showed our DUI arrests ranking increase from 34 in 2019 to 23 in 2021. This year the department will focus on expanding our social media campaigns to deter impaired driving. It is very apparent that our efforts are more necessary than ever before.

Having the attention and willing participation of the community allows the Police Department to address trends as soon as they are identified. The support of the community lends itself to advocating to the City for necessary infrastructure changes to address and reduce the occurrence of traffic crashes wherever possible by adjusting speed limits, changing and upgrading signs, and improving roadways.

While more data needs to be collected to further analyze the noted trends, the department now has more software and hardware equipment to make this analysis. The recent upgrade of the traffic reporting system will soon hold multiple years' worth of data that will show additional details. The recent hiring of our Crime/Data Analyst will also assist us with reviewing data and implementation of best practices to direct our

Schedule A
enforcement efforts. Additionally, the Department recently assigned two additional officers to our Traffic Unit for a total of 4 full-time officers. These projects and staffing increases demonstrate the departments and City’s commitment to our goals.

Montebello Police Department has diligently worked to identify and address traffic problems and concerns in the City of Montebello. The Cannabis Tax Fund Grant Program has allowed our efforts to make dramatic improvements, however, our work is not done. The efforts of this grant are personal goals for our department.

Our collaborative efforts will create lasting changes that will reduce traffic injuries and lead to zero fatalities in the City of Montebello and surrounding regions.

Performance Measures/Scope of Work
The City of Montebello Police Department is proposing to conduct the following enforcement operations:
2 DUI Checkpoints (Q2 = 1, Q4 = 1): Aim to reduce DUI/DUID by 15%, which will reduce the number of impaired drivers in the community.
8 DUI Saturation Patrols/ 2 per quarter: Aim to reduction of DUI/DUID by 15%

The Department will perform activities during dates and times that have historically demonstrated a high occurrence of crashes and arrests.

The listed activities are intended to increase the visibility of our officers to deter the unwanted and unsafe behavior of driving while under the influence. The goal of this program is to reduce the number of crashes and arrests to zero. The program will monitor all activities to measure arrests and contacts being made.

Project Performance Evaluation
The Department will present the grant project to the City Council at the beginning at conclusion of the performance period. Additionally, the Department will post grant activities on our social media platforms.

The project will track data points for each activity as listed below:

DUI Checkpoint:
• Number of vehicles through checkpoints
• Number of drivers contacted at checkpoints
• Vehicles through checkpoint
• Drivers Contacted
• Field Sobriety Tests Administered
• DUI Arrests (Alcohol Only)
• DUI Drug Arrests (Drug Only)
• DUI Arrests (Alcohol/Drug Combination)
• Drug Arrests
• Criminal Arrests (Felony In Custody)
• Recovered Stolen Vehicles
• Suspended/Revoked Driver’s License

DUI Saturation Patrol:
• Vehicle Stops or Contacts
• Field Sobriety Tests Administered
• DUI Arrests (Alcohol Only)
• DUI Drug Arrests (Drug Only)
• DUI Arrests (Alcohol/Drug Combination)
• Drug Arrests
• Criminal Arrests (Felony In Custody)
• Recovered Stolen Vehicles
• Suspended/Revoked Driver’s License

Schedule A
Program Sustainability
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

The Traffic Unit is currently staffed by Officers that have several years’ experiences in their current assignment, have attended numerous traffic courses, and participated in OTS operations. The Chief of Police, with the support of the City’s Administration, has made it a priority to ensure that the Traffic Unit will continue to expand, that equipment will be maintained properly, and training standards will be exceeded.

The continuous traffic issues arising in the city make it apparent that the unit is not only necessary but demanded by the community. The department administration is committed to prioritizing traffic enforcement operations and will work on expanding the unit as soon as staffing levels allow.

Administrative Support
The Montebello Police Department has the skills and experience to manage the proposed grant activities; the current staff at the City of Montebello Police Department has worked on similar Grants for several years.

The proposal reflects targeted enforcement that is data-driven and that the department can handle given our current staffing status. The Lieutenant and Sergeant in charge of the Traffic Unit have attended and are certified in all relevant courses related to the operations of the unit. The department's Grant Administrator has managed funds for several fiscal years and has attended other relevant training as well as Traffic-related conferences.

As the department focuses on addressing these concerns, the department will continue to analyze crash data to determine specific areas/locations of higher crash occurrence. The department has been able to hire a new full-time crime analyst. This position will allow further review and observation of data trends.

The department also works closely with the City of Montebello’s Finance Department and has an individual accountant assigned to the grant. This ensures that all City and federal fiscal guidelines are observed along with any state and federal procurement procedures/policies and reporting guidelines.

Schedule B

Detailed Budget Estimate

Award Number Organization/Agency Total Amount
17889 City of Montebello- Police Department $195,456.00

Cost Category Line Item Name Total Cost to Grant
Personnel
DUI Checkpoint $25,232.00
DUI Saturation Patrol $20,224.00
Category Sub-Total $45,456.00
Equipment
DUI Patrol Vehicle $150,000.00
Category Sub-Total $150,000.00

Grant Total $195,456.00

Schedule B-1
Budget Narrative
City of Montebello- Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Personnel
DUI Saturation Patrol
$20,224.00
DUI Saturation Patrol
$20,224.00
Officer -OT $63.20/hour
10 hours X $63.2 X 8 operations X 4 officer
8 DUI Saturation Patrols
2 per quarter
The following is an estimate for the cost of each operation:

Each operation will cost $2,528
Each operation will last 10 hours
Each officer working the operation shall have a pay rate at $63.2 at an overtime rate.

DUI Checkpoint
$25,232.00
DUI Checkpoint
$25,232.00
Officer -OT $63.08/hour
10 hours X $63.08 X 2 operation X 20 officer
2 DUI Checkpoint
1 per quarter
The following is an estimate for the cost of each operation:

Each operation will cost $12,616
Each operation will last 10 hours
Each officer working the operation shall have a pay rate at $63.08 at an overtime rate.

Equipment
DUI Patrol Vehicle: (Any outfitting costs that are not vehicle wrap, lights/siren, Police radio, and prisoner transport partition are not eligible costs and will not be reimbursed.) $150,000.00
Patrol Vehicles
$200,000
Quantity: 2
Unit Cost: $60,000 ($60,000 X 2= $120,000)
Additional adjustments for police equipment: ($25,000 X 2= $50,000) *SEE ATTACHED INVOICE FROM PRIOR PURCHASE*
Total Cost: $150,000

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 QUIET CANNON - MONTEBELLO GOLF COURSE UPPER

EVENT LAWN REPAIR EXPENDITURES
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve the Upper Event Lawn Repair Expenditures at Quiet Cannon – Montebello Golf Course in the total amount of $176,348 under the authority of Montebello Municipal Code (MMC) Section 3.20.050(A); and

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

FISCAL IMPACT:

The required emergency services to repair the slope failure that occurred at the Upper Event Lawn located a the Quiet Cannon – Montebello Golf Course are estimated to cost an aggregate amount of $176,348. There is no need for additional appropriations due to cost savings from the completion of Phase 2 of the Golf Course Project.

The $176,348 required for these emergency repairs will come from the following: $159,788 in Account No. 310-30-302-6040.95 (Golf Course Renovation Project, Public Works, Golf Course Renovation Project, Contract Services Other Professional Services) and $16,560 in Account No. 310-30-302-6040.97 (Golf Course Renovation Project, Public Works, Golf Course Renovation Project, Contract Services Construction Management and Inspection).

The following unanticipated and significant repair services are required and need to be considered as emergency procurements under Montebello Municipal Code (MMC)

3.20.050(A) -- Emergency Procurement.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

AIMCS
• Participate in job meetings with contractors, consultants, and representatives from the City to discuss performance
progress, change management, and scheduling.
$16,560
Saldana Landscape Designs
• Remove existing roses and river rock, excavate and recompact the Quiet Cannon slope. Install drains and catch basins.
$136,288
Laguna Turf
• Demo & Reinstall turf.
• Add drains.
• Regrade & Compact.
$23,500
Total $176,348
BACKGROUND/DISCUSSION:

In February 2024, heavy rainfall led to erosion on the Upper Event Lawn located at the Quiet Cannon – Montebello Golf Course. Rather than the water sheet flowing over the slope, the surface water became concentrated, exceeding the curbing and caused erosion. AIM Consulting Services (AIMCS), responsible for Construction Management and Inspection, instructed the Phase 2 contractor, American Landscape, to protect the upper event lawn by covering it with plastic and sandbags. Despite these measures, weeks after the heavy rainfall, the soil remained wet. An AIMCS inspector reported that the slope area of the event lawn was still wet, with water percolating at the foot of the slope. This information was reported by the consultant to City staff from the Public Works Department.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council approve the emergency repairs for the Upper Event Lawn at Quiet Cannon – Montebello Golf Course in the amount of $176,348.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

ATTACHMENT(S)

1. Attachment A - Daily Inspection Report

2. Attachment B - Laguna Turf

3. Attachment C - Saldana Landscape

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 1
CONTRACTOR’S
SUPT: George Saldana
DATE: 5-13-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Saldana peeling back turf on event lawn to reveal the extent of damage.

Saldana excavating collapsed and saturated area of the event lawn hill.

Man Count- 1 superintendent, 3 Laborers
Equipment-
-John Deere 35P
Time in- 7 am
Time out- 3 pm
Gabriel Perez Mike Torres

PROJECT MANAGER PROJECT INSPECTOR
Attachment A

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 1
TITLE: Quiet Cannon slope drainage improvements DATE: 5/13/2024 CONTRACTOR: Saldana
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Cracks revealed in base layer. When probing soil
beneath base we reached an average of 30 inches a
probe
Collapsed slope of event lawn
Path of travel for Saldana equipment

Saldana begins excavation of collapsed and saturated area of event lawn

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 2
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-14-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Saldana and Laguna peeling back turf on event lawn to reveal the extent of damage. Saldana excavating collapsed and saturated area of the event lawn hill.

Man Count- 1 superintendent, 4 Laborers
LAGUNA- 2 men
Equipment-
-John Deere 35P
-Torro TX 1000
-Torro Dingo
Time in- 7 am
Time out- 4 pm
Gabriel Perez Mike Torres

PROJECT MANAGER PROJECT INSPECTOR

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 2
TITLE: Quiet Cannon slope drainage improvements DATE: 5/14/2024 CONTRACTOR: Saldana
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Cracks revealed in base layer. When probing soil
beneath base we reached an average of 30 inches a
probe
Excavation of slope continues
Probing at 16 inches when chasing saturated soil

Saldana chasing saturated solid to determine the extent of compromised soil

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 3
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-15-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Saldana trenching a drainage line running along the curb. Saldana continues excavating collapsed and saturated area of the event lawn hill.

Man Count- 1 superintendent, 4 Laborers

LAGUNA- N/A
Equipment-
-John Deere 35P
-Torro TX 1000 track loader
-Torro Dingo backhoe
Time in- 7 am
Time out- 3:30 pm
Gabriel Perez Mike Torres

PROJECT MANAGER PROJECT INSPECTOR

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 3
TITLE: Quiet Cannon slope drainage improvements DATE: 5/15/2024 CONTRACTOR: Saldana
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Saldana trenching for drainage line along curb

DAILY INSPECTION REPORT
Hauling out much at toe of the hill Loading mud for transportation to golf course

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 4
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-16-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Saldana begins excavation in event lawn area to chase saturated areas. All saturated soil being transported to golf course
Man Count- 1 superintendent, 4 Laborers

LAGUNA- N/A
Equipment-
-John Deere 35P
-Torro TX 1000 track loader
-Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
Time in- 7 am
Time out- 4:30 pm
Gabriel Perez Mike Torres

PROJECT MANAGER PROJECT INSPECTOR

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 4
TITLE: Quiet Cannon slope drainage improvements DATE: 5/16/2024 CONTRACTOR: Saldana
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Stocking up good soil on top of event lawn area Excavation of 2 feet to find suitable compacted ground Water pocket found while excavating

Excavation of saturated soil continues

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 5
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-17-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Saldana brings in operator to start hauling out truck loads of dirt. Saldana aims to reach native so they can refill and compact up to grade.

Man Count- 1 superintendent, 4 Laborers, 2 super 10 drivers

LAGUNA- N/A
INDEPENDENT- 1 operator
Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
-310 SJ
- 2 super 10s
Time in- 7 am Time out- 3:30 pm

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 5
TITLE: Quiet Cannon slope drainage improvements DATE: 5/17/2024 CONTRACTOR: Saldana
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Loading up saturated soil for transportation to golf
course
Excavation until contractor reaches native
Abandoned Water line hit at 2:30 pm and
afterwards line was cut and capped

Excavation of saturated soil continues until native is
reached

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 6
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-18-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Saldana reaches native in the morning and starts bringing in good soil stored in parking lot. Saldana bringing up to grade in 8 inch lifts with sheep’s foot roller compacting
Man Count- 1 superintendent, 2 Laborers, 2 super 10 drivers

LAGUNA- N/A
INDEPENDENT- 1 operator
Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
-310 SJ
- 2 super 10s
Time in- 7 am Time out- 1:30 pm

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 6
TITLE: Quiet Cannon slope drainage improvements DATE: 5/18/2024 CONTRACTOR: Saldana
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Saldana reaches native and is ready to start bringing
up soil to grade in 8 inch lifts
Sheep’s foot roller compacting soil
Compaction and 8 inch lifts continue

Days progress

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 7
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-20-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Saldana continues bringing up grade in 8 inch lifts on west side of event lawn. 24 trucks of imported soil being delivered to site. Mid day contractor begins excavation of east side of event lawn. Imported soil stored in parking lot next to site.

Man Count- 1 superintendent, 2 Laborers, 4 super 10 drivers

LAGUNA- N/A
INDEPENDENT- 1 operator
Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
-310 SJ
- 4 super 10s
Time in- 7 am Time out- 3:30 pm

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 7
TITLE: Quiet Cannon slope drainage improvements DATE: 5/20/2024 CONTRACTOR: Saldana
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Saldana receiving imported soil to bring west side of
event lawn up to its proper grade
West side of event lawn up to grade
Excavation on east side of event lawn begins. Saldana
aims to reach native ground

East side excavation progress

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 8
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-21-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – contractor continues excavation of east side of event lawn. Mid day native soil is reached and Imported soil stored in parking lot next to site being brought in to raise grade in 8 inch lifts.

Man Count- 1 superintendent, 3 Laborers, 1 super 10 driver

LAGUNA- N/A
INDEPENDENT- 1 operator
Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
-310 SJ
- 1 super 10
Time in- 7 am Time out- 3:30 pm

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 8
TITLE: Quiet Cannon slope drainage improvements DATE: 5/21/2024 CONTRACTOR: Saldana
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Saldana exporting bad soil for transportation Abandoned irrigation line discovered just above native ground. Pipe was cut and capped.

Raising East side of event lawn in 8 inch lifts

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 9
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-22-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Contractor finishes final lifts of soil and provides proper grade level in preparation for final 5 inches of base. 6 base trucks in total arrive on site.

Man Count- 1 superintendent, 4 Laborers, 1 truck driver

LAGUNA- N/A
INDEPENDENT- 1 operator Note- out at 10:30 am. Last day on job Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
-310 SJ Out at 10:30
- 1 super 10
Time in- 7 am Time out- 3:30 pm

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 9
TITLE: Quiet Cannon slope drainage improvements DATE: 5/22/2024 CONTRACTOR: Saldana
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Saldana fiinishing up final grading of soil before base is place’s at
Calculating final grade .

Event lawn soil fully compacted and ready for 5
inches of base

1 of 6 deliveries of base

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 10 CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-23-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Contractor trenching a line for drainage. Pipes are to be 6 inch next to curb and placed on a bedding of rock.

Man Count- 1 superintendent, 5 Laborers, 1 truck driver

LAGUNA- N/A
Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
Time in- 7 am Time out- 3:30 pm

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 10
TITLE: Quiet Cannon slope drainage improvements DATE: 5/23/2024 CONTRACTOR: Saldana
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Saldana trenching out drainage line Pipes meeting at inlet

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 11
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-24-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Contractor continues installing drainage area. 12 inch pipe running down the hill of event lawn Rejected. Contractor installed 6 inch instead of 12 inch. RFI sent out to engineer to review pipe.

Man Count- 1 superintendent, 4 Laborers,

LAGUNA- N/A
Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
Time in- 7 am Time out- 3:30 pm

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 11
TITLE: Quiet Cannon slope drainage improvements DATE: 5/24/2024 CONTRACTOR: Saldana
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Saldana continues installing drainage line Drainage pipe rejected. 6 inch installed instead of 12 inch
Hillside grading taking place.

Event lawn grading taking place in preparation for Laguna Turf return next week

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 12
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-28-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Contractor on sight with concrete for broken curb replacement. Laguna Turf on sight at 10 preparing to lay turf back down.

Man Count- 1 superintendent, 5 Laborers,

LAGUNA- N/A
Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
Time in- 7 am Time out- 3:30 pm

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 12
TITLE: Quiet Cannon slope drainage improvements DATE: 5/28/2024 CONTRACTOR: Saldana
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Saldana forming up in preparation for the concrete
pour of curb
Concrete curb poured.

Concrete mix for the curb.

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 13
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-29-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. Saldana working on fixing hillside slope by installing flowers and rock that had been previously removed. Laguna begins work on rolling back turf. After rolling back turf it was noted that it did not reach the curb (Short 2-3 inches).

Man Count- 1 superintendent, 5 Laborers,
LAGUNA- 6 laborers
Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Sunbelt sheep’s foot roller XV3E77
-Bobcat S530
Time in- 7 am Time out- 3:30 pm

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 13
TITLE: Quiet Cannon slope drainage improvements DATE: 5/29/2024 CONTRACTOR: Saldana
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Laguna and Saldana on site preparing game plane Laguna rolls back Turf and is ready to secure it to the ground
.

Laguna rolls back Turf but is short of the curb by
about 2-3 inches due to shrinkage

6CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 14
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-30-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Contractors both Laguna and Saldana on site. Saldana working on finishing touches on hillside in preparation for June 1st event . Laguna continues work on leveling ground and putting back turf that was peeled back
Man Count- 1 superintendent, 4 Laborers
LAGUNA- 6 laborers
Equipment-
-John Deere 35P
-Torro TX 1000 track loader, Torro Dingo backhoe
-Bobcat S530
Time in- 7 am Time out- 2:30 pm
Laguna punch out at 5:30

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 14
TITLE: Quiet Cannon slope drainage improvements DATE: 5/30/2024 CONTRACTOR: Saldana M
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Saldana performing small touch ups of hillside Laguna continues with its turf work Laguna nailing down turf

CITY OF MONTEBELLO QUIET
CANNON

EVENT LAWN

AIM CONSULTING SERVICES
970 S Village Oaks Drive #205
Covina 91724
323.271.4602

DAILY INSPECTION REPORT
JOB TITLE: MONTEBELLO QUIET CANNON SLOPE

DRAINAGE IMPROVEMENTS

PROJECT
MANAGER: Gabriel Perez
LOCATION: Quiet Cannon COMPLETION DATE: N/A
REPORT NO: 15
CONTRACTOR’S
SUPT: Jorge Saldana
DATE: 5-31-24 INSPECTOR: Mike Torres
ACTIVITY NO: MAN COUNT: EQUIPMENT:

Activity. – Contractor Saldana not on site today and is preparing to install approved 12 inch pipe in the following week. Laguna turf on site to finish up final touch up’s on turf for upcoming event on June 1st
Man Count- N/A
LAGUNA- 2 laborers
Equipment-N/A
Time in- 8am Time out- 3:30

DAILY INSPECTION REPORT
PROJECT NO.: N/A SHEET: 2 of 2
CONTRACT NO.: N/A REPORT NO.: 15
TITLE: Quiet Cannon slope drainage improvements DATE: 5/31/2024 CONTRACTOR: Saldana
M
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Laguna performing small touch ups on event lawn Saldana not on site today. Hillside temporarily restored until 12 inch drainage pipe can be installed
Laguna cutting off strips of turf to help bridge gap
between turf and curb

Laguna successfully bridges gap between existing turf and existing curb

Attachment B

Attachment 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 RESOLUTION NO. 24-51 ADOPTING THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION (CALTRANS) QUALITY

ASSURANCE PROGRAM (QAP)
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 24-51 adopting the State of California Department of Transportation’s (CalTrans) Quality Assurance Program; and,

2. Authorize staff to submit the adopted Quality Assurance Program and conforming resolution to the State of California Department of Transportation; and

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

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of this resolution.

BACKGROUND/DISCUSSION:

The State of California Department of Transportation (Caltrans) Quality Assurance Program (QAP) is designed to ensure that materials and workmanship incorporated into each construction project conform to Caltrans specification requirements in order to protect public safety. The main elements of a QAP are an acceptance program and an independent assurance program for uniformity and consistency basis. For federal construction projects, the City is required to adopt a QAP and have the City Engineer sign and certify the QAP. Caltrans will not process a Request for Authorization for Construction without verification of an adopted QAP. The City must submit the QAP to Caltrans District Local Assistance Engineer for review.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

The purpose of QAP is to provide assurance that the materials incorporated into construction projects are in conformance with the City Council’s approved and adopted contract plans and specifications. The QAP should be updated every five years. Under certain circumstances, the QAP may be updated more frequently if there are changes to the material testing frequencies or to the tests themselves. Failure to comply with the QAP and the requirements as set forth by Caltrans and the Federal Highway Administration (FHWA) may result in the loss of federal funds.

The City utilizes the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), Caltrans Standard Specifications, the Greenbook, the County of Los Angeles Standard Specifications and the City’s approved standard specifications. The QAP is structured utilizing the following primary descriptions:

A. General Discussion

1. Variation for State Highway System (SHS) and Non-SHS Projects B. Materials Acceptance Program
C. Independent Assurance (IA) Program
D. Dispute Resolution Process
E. Materials Certification Process

1. Attachments

1. Table of Minimum Sampling and Testing Frequency Requirements (a.k.a. Frequency Table)

2. List of Materials Accepted by a Certificate of Compliance per the Contract Specifications

3. Sample Testing Results Summary Log
All of the City’s streets are off the SHS, so staff’s recommendation is to adopt the Caltrans QAP described in Attachment 2. This conforms with Caltrans’ QAP manual and Federal Highway Administration (FHWA) regulations. Test methods used may be either CTM, ASTM, AASHTO, or other nationally recognized test methods, and must be specified in the contract documents.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council adopt Resolution No. 24-51 which provides assurance that the materials incorporated into construction projects are in conformance.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

ATTACHMENT(S)

1. Attachment A - Resolution 24-51

2. Attachment B - Quality Assurance Program

RESOLUTION NO. 24-51

RESOLUTION OF THE CITY OF MONTEBELLO, CALIFORNIA, ADOPTING THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION’S QUALITY

ASSURANCE PROGRAM

RECITALS
WHEREAS, the City of Montebello (“City”) is eligible to receive federal and state funding for transportation projects administered through the State of California Department of Transportation (“Caltrans”); and
WHEREAS, before such funds can be claimed, the City must formally adopt a Quality Assurance Program (QAP); and
WHEREAS, the QAP is a program that will ensure the materials and workmanship incorporated into each construction project conform to the requirements of the contract plans and specifications including approved changes; and WHEREAS, the main elements of a QAP are an acceptance program and an independent assurance program; and
WHEREAS, the City must submit the QAP to Caltrans District Local Assistance Engineer for review; and
WHEREAS, the QAP must be updated at least every five years and copies of the approved QAP must be kept on file and available for state review.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Montebello as follows:

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1: That the above recitals are all true and correct and are hereby incorporated herein.

SECTION 2. The City Council does hereby authorizes the adoption of the QAP in conformance with Caltrans and Federal Highway Administration regulations.

SECTION 3. A certified copy of this Resolution and the QAP shall be transmitted to Caltrans for review and approval.

SECTION 4. This Resolution shall take effect immediately upon adoption by the City Council. The City Clerk shall certify to the adoption of this Resolution.

Attachment A

RESOLUTION NO. 24-51

APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2024.
_______________________________
Scarlet Peralta, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24-51 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24th day of July 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

July 2, 2024
Department of Transportation, District 7
Local Assistance Engineer
100 S. Main Street, 12th Floor
Los Angeles, CA 90012
Attn: Smita Parikh
SUBJECT: Quality Assurance Program (QAP)
Enclosed for your review and approval is the City of Montebello Quality Assurance Program (QAP) package. Please call me if you have any questions or need additional Information at (323) 887-1462 or via email to Saba Engineer @[email protected].

Sincerely,
Kevork Tcharkhoutian, P.E.

City Engineer
Distribution:

Original: District Local Assistance Engineer
Copy: Local Agency Project Files

ATTACHMENT B

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

REQUEST FOR QUALITY ASSURANCE PLAN (QAP) REVIEW
TL-0123 (REV 03/2021)
For IA Office Use Only:

Request #: Date Received:

Received By: Assigned To:

E-mail completed requests to: [email protected]

PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (Section 552 et seq.) and the Information Practices Act of 1977 (IPA) (Civil Code Sections 1798 et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form.

No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular.

QAP REVIEW REQUEST
Section 1: Local Agency Information
Local Agency Name: City of Montebello County: Los Angeles Address: 1600 Beverly Boulevard City: Montebello Zip: 90640 Phone Number: (323) 887-1200 Email:

Submitted by (Name): Kevin Tcharkhoutian PE-Civil Lic. No.: C44598 Position/Title: City Engineer PE-Civil Exp. Date: 03/31/2026 Submittal Date: 07/02/2024
Section 2: Attached Documents
The documents below must be provided with the initial QAP Review request.

1. Complete Local Agency Quality Assurance Plan (QAP) - see Quality Assurance Program (QAP) Manual for Use by Local Agencies (January 2011 revision) or Chapter 16.14 of Local Assistance Procedures Manual (LAPM) | Caltrans (January 2020 revision).

2. Applicable Attachments/Exhibits
Section 3: Reference Manuals
The document will be reviewed for compliance to California Department of Transportation, Local Assistance Procedure Manual (January 2020 revision), Quality Assurance Program (QAP) Manual for Use by Local Agencies (January 2011 revision) and Federal Highway Administration, 23 CFR 637-Subpart B.

Section 4: Requestor Information (District Local Assistance Engineer/Caltrans District Area Engineer) Requestor Name Position / District
Requestor Signature Date

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

REQUEST FOR QUALITY ASSURANCE PLAN (QAP) REVIEW
TL-0123 (REV 03/2021)
For IA Office Use Only:

Request #: Date Received:

Received By: Assigned To:

E-mail completed requests to: [email protected]

PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (Section 552 et seq.) and the Information Practices Act of 1977 (IPA) (Civil Code Sections 1798 et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form.

No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular.

QAP REVIEW REQUEST
Section 5: Instructions to Request a QAP Review
Effective March 1, 2021, the District Local Assistance Engineer (DLAE) office or District Area Engineer shall use Form TL-0123 for any QAP Review Request to Division of Engineering Services (DES) – Materials Engineering & Testing Services (METS).

The DLAE office or District Area Engineer must:

1. Complete Section 1 of Form TL-0123 for local agency information – including Name of the Agency, County, Address, Phone Number, Email, the person who approved/signed the QAP with PE License Number and PE License Expiration Date, and Submittal Date.

2. Attach complete local agency QAP and all applicable attachments/exhibits.

3. Complete Section 4 of Form TL-0123 – including requestor name, position and district.

4. Sign and Date Section 4 of Form TL-0123.

5. Email the complete package to IA Dispatch at [email protected].

1 City of Montebello
Quality Assurance Program (QAP)

QUALITY ASSURANCE PROGRAM (QAP)
AGENCY: CITY OF MONTEBELLO
I. QUALITY ASSURANCE PROGRAM (QAP)
A. INTRODUCTIO
The purpose of Quality Assurance Program (QAP) is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications. This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. The following QAP are guidelines for the City of Montebello on all projects funded by the Federal Highway Administration (FHWA), and administered by Caltrans, that are not on the National Highway System.

B. GUIDELINES
These guidelines will discuss Acceptance Testing, Independent Assurance Sampling, and Testing the Testing of Manufactured Materials, Records, and Project Certification.

II. DEFINITION OF TERMS
1 ACCEPTANCE TESTING (AT)
A. INTRODUCTION
Acceptance testing is the regular testing of materials entering a construction project to verify that the materials, or products, comply with contract specifications, or standards, which include:

1. Acceptable minimum limits

2. Accepting maximum limits

3. A range of acceptable limits
The Department will refer to the acceptance testing frequencies and procedures described in Appendix D of the Caltrans Local Assistance Procedures Manual; attached hereto.

Prior to performing acceptance tests, representative materials must be taken at specified locations. The Department will refer to the following guidance documents for sampling of materials.

1. Construction Manual (Caltrans)

2. Local assistance Procedures Manual (Caltrans)

3. Standard Specifications

4. Special Provisions

2 City of Montebello
Quality Assurance Program (QAP)

5. Other project documents
B. QUALITY LABORATORY
The Department will contract for laboratory services with another local agency or with a private consultant for sampling and testing materials. The laboratory must be under the supervision of a California registered engineer. The following general guidelines will be met for a material testing laboratory to be qualified by the Department:

1. The Laboratory Supervisor must provide an Independent Assurance Sampling and Testing person (see Section III of this document) and Registered Engineer. A complete list of standards (test procedures) that are to be performed at the facility should also be provided. The test procedures must be accepted standards (I.E.: American Society for testing Materials (ASTM). American Association of State Highway and Transportation Officials (AASHTO), California Test Method (CTM), etc.).

2. The laboratory must have current or updated revisions for each test procedure identified in Section II.B.1 above

3. The laboratory must have acceptance test equipment (as described in each test Procedure).

4. Calibration stickers shall be firmly affixed to each test equipment. Calibration stickers must include:
a. Date of calibration
b. Equipment identification number, and
c. Name of calibrator
Calibration equipment be traceable to the National Institute of Standards and Technology.

Calibration dates on the attached stickers must be within last 12 months. Calibration record summaries must be available, so they can be reviewed by Independent Assurance Sampling and Testing personnel and by the Resident Engineer.

5. The laboratory must present evidence of participation, with acceptable ratings, in materials correlation-testing program (I.E.; AASHTO Materials Reference Samples, Programs, etc.).

6. General Observations are summarized to include:

Whether or not the facility was clean and well equipped:

Whether or not the testing equipment appeared to be in good working condition:

Whether or not the facility contained reasonable safety equipment.

C. CERTIFICATE OF PERSONNEL

3 City of Montebello
Quality Assurance Program (QAP)
Before executing an agreement with a qualified laboratory, the Department will require Certificates of Proficiency for an Acceptance Tester from laboratory personnel. The certificates can be issued by Caltrans (From TL-0111), Certificate of Proficiency) or by a non-Caltrans organization such as the National Institute for Certification in Engineering Technologies (NICET). The laboratory must also submit evidence of personnel training and experience of acceptance sampling and testing.

In case of extreme emergency, someone not certified may perform sampling and testing.

The Department’s Resident Engineer will assure himself/herself of the person’s competency and every effort should be made to obtain a certified person. The occasions will be limited to unforeseen circumstances. This is only applicable to Non-NHS and / or Non-SHS project only.

D. REPORTING TEST RESULTS
The following are department goals for reporting materials test results to the Resident Engineer.

1. When the aggregate is sampled at materials plants, test results for Sieve Analysis, Sand Equivalent, and Cleanness Value should be submitted to the Department Resident Engineer within 24 hours after sampling.

2. When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Department Resident engineer within 24 hours after sampling.

3. When soils and aggregates are sampled at the job site, test results for Sieve Analysis, Sand Equivalent, and Cleanness Value should be submitted to the Department Resident Engineer within 24 hours after sampling.

4. When soils and aggregates are sampled at the job site, test results for “R” value and asphalt concrete extraction should be submitted to the Department Resident Engineer within 96 hours after sampling.

5. When sampling products such as Portland Cement Concrete (PCC), cement-treated base (CTB), asphalt concrete (AC), and other such materials, the time of such sampling shall be varied with respect to the time of day insofar as possible, in order to avoid a predictable sampling routine.

6. The reporting of Acceptance Tests results shall be done on an expedited basis such as by fax or telephone with original test results sent by mail or other delivery method.

II INDEPENDENT ASSURANCE SAMPLING AND TESTING
A. INTRODUCTION
Independent Assurance Sampling and Testing (IAST) is periodic testing, by a specially trained tester, to verify that acceptance testing is being performed correctly. The concept of independent assurance sampling and testing is to “Test the Tester” and two main areas will be evaluated:

1. Ensuring test equipment is calibrated

4 City of Montebello
Quality Assurance Program (QAP)

2. Ensuring acceptance testers are adhering to test procedures During construction, the Independent Assurance Sampler and Tester must verify the reliability of Acceptance Testers by:

1. Inspecting test equipment and verifying annual calibration

2. Witnessing sampling and testing

3. Providing split sample materials and comparing test results between the Acceptance Tester and the IAST person
Witness Testing and Split Sample Testing must be properly documented by the IAST person. During the Split-Sample Tests, the Independent Assurance Sampler and Tester must not use the same test equipment used by the Acceptance Tester. The Department recommends the Acceptance Tester perform Split Sample Tests at the facility normally used and the IAST person perform tests at another qualified lab facility.

Independent assurance sampling and testing shall not be used to verify specification compliance on construction projects. A material sample never be split so that part of the sample is used for acceptance testing and the other part is used for independent assurance sampling and testing.

B. RESPONSIBILITY FOR INDEPENDENT ASSURANCE SAMPLING AND TESTING The Department will contract with a local agency or a private consultant to be responsible for all IAST on Federal-aid projects not on National Highway System.

Selection of IAST person will be based upon knowledge of the IAST Program Procedures, test procedures and experience of performing the test and training others in performing the tests.

Selection of a private consultant or local agency for IAST responsibilities shall not be a conflict of interest with the lab providing quality assurance/control for agency, contractor, or private consultant.

C. CETIFICATION AND RECORD KEEPING
The IAST person shall certify all Quality Assurance Testers and keep written records of:

1. How the QA Testers were trained

2. The tests in which they were certified, decertified, and re-certified

3. Equipment calibration

4. Plant scales and measuring equipment calibration

5. Witness and Split Sample Tests

5 City of Montebello
Quality Assurance Program (QAP)
D. PERFORMANING INDEPENDENT ASSURANCE SAMPLING AND TESTING

FUNCTIONS
Independent assurance samples and tests will be categorized into two groups:

1. Split Sample Tests

2. Witness Tests
Split Sample Tests
Split Sample Tests require certified Independent Assurance Sampler and Testers (IAST) and Acceptance Testers (AT) to perform separate tests of the same materials using California Tests 202, 217 and 227 at least once every six months. The purpose of SplitSample Tests is to verify test 202,217 and 227 at least once every six months. The purpose of Split-Sample Tests is to verify test methods and calibration of equipment.

During Split-Sample Testing, the AT is required to use his/her testing equipment assigned to a construction project. The IAST must use different testing equipment.

For a Split-Sample Test, the certified IAST carefully splits a representative materials sample and presents one portion of the sample to the AT. The portion retained by the IAST must be kept under the direct control of the IAST.

Either material for Split-Sample Testing may be job-related Sample material or non-job related material, at the discretion of the certified IAST. Upon receiving the Split Sample, the AT must perform the requested test and submit the test results to the certified IAST.

Likewise, the certified IAST is required to test (or directly oversee the testing) for his/her Split Sample. When testing is completed by the certified IAST, test results of the AT are compared with the test results of the IAST.

The corroboration of test results between the certified IAST and AT shall be determined based on the values presented in Table 2, Corroboration of Test Results Between Acceptance Testers and Independent Assurance Testers (Split Sample Tests) in the Caltrans Quality Assurance Program Manual. In the case of poor corroboration, it is the responsibility of the certified IAST, or delegated authority, to immediately provide follow-up action to resolve the difference.

If an equipment deficiency is discovered, the defective equipment must be repaired or replaced immediately. If an AT obtains three consecutive poor corroborations for a specific test, he/she will be decertified for that test. This information will immediately be reported to the Department.

6 City of Montebello
Quality Assurance Program (QAP)
Witness Tests
A Witness Test occurs whenever a certified IAST:

1. Observed an AT sample material and/or conduct a test procedure

2. Documents the event by complaining the proper form
Witness Tests shall be performed at the project site, or another site as mutually agreed by the IAST and the AT, considering the availability of materials, location of testers, and impact on the construction testing. Another important component of a Witness Test is equipment verification by the IAST. The certified IAST will determine if the equipment is properly calibrated and in good working condition. Table 1 of the Caltrans Quality Assurance Program Manual describes various California Test Methods and minimum frequencies for Witness Tests.

E. EQUIPMENT CALIBRATION
The certified IAST is responsible for insuring all testing equipment used on each project is properly calibrated and maintained. In addition, the IAT must insure that weighing and measuring devices used to proportion materials in Material Processing Plants are accurate. The IAST shall keep current calibration records on file for department review.

III TESTING OF MANUFACTURED MATERIALS
Source Inspection is acceptance testing of manufactured and prefabricated materials at locations other than the job site. The Department ensures that all manufactured and prefabricated materials will be inspected and tested. If the department cannot perform the source inspection and qualified consultants are not available, the Department may request that Caltrans conduct the inspections on a reimbursed basis.

IV RECORDS
All material records of samples and tests, material releases and certificates of compliance for a given project will be incorporated into the Department Resident Engineer’s project file. This file shall be organized as described in Section 16.8, “Project Files,” of Caltrans Local Assistance Procedures Manual. The complete project file will be available at a single location for inspection by Caltrans personnel at any time during the construction project. The file will be available in the City Hall, Public Works Department of the City of Montebello for at least three years following the date of final payment.

The use of a “Summary Log” as described in “Tests on Materials Entering the Work” of Chapter 16 in Caltrans Local Assistance Procedures Manual, facilities review of material sampling and testing by Caltrans reviewing personnel.

7 City of Montebello
Quality Assurance Program (QAP)
V. PROJECT CERTIFICATON
Upon completion of the project, the Department Resident Engineer shall complete a “Material Certificate.” The Department will include a “Material Certificate” in the Report of Expenditure submitted to Caltrans, Attention: District Local Assistance Engineer. A copy of the “Materials Certificate” will also be included in the Department’s construction records. The City Engineer will sign the certificate.

All materials incorporated into the work which did not conform to specifications must be explained and justified on the “Materials Certificate,” including changes by virtue of contract change order.

APPROVED BY: __________________________________________ (Signature)
C44598 03/31/2026
Registration Expiration Date
Name: Kevin Tcharkhoutian Date: _________________
Title: City Engineer

Local Assistance Procedures Manual EXHIBIT 16-W
Source Inspection Request to TransLab

SAMPLE COVER MEMO

SOURCE INSPECTION REQUEST

FROM LOCAL AGENCY'S RESIDENT ENGINEERTO CALTRANS' OFFICE OF MATERIALS

ENGINEERINGAND TESTING SERVICES
(Prepared by Applicant on Applicant Letterhead)
To: Office ofMaterials Engineering & Testing Date: ____________ Services, MS #5
California Department ofTransportation
5900 FolsomBlvd.

Sacramento, CA 95819
EA: ________________
Proj~Number:____________
Project Description: ________________________________
Subject:

We are requesting that Caltrans provide Source Inspection (reimbursed) services for the above-mentioned project. We requested and received prior authorization for this service from our district Local Assistance Engineer, as noted by the attached approval memo from District Local Assistance Engineer.

Please find the following documents enclosed as required:

1. CompletedCEM-3101

2. One set ofPS&E
Any question you might have about the materials, to be inspected, should be directed to:______________, at ________
(Applicant Representative Name)
(Title)
(Local agency, name & address)

LPP 05-03 November 23, 2005

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 SPECIFICATIONS FOR CONSTRUCTION OF BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT CP – 918 AND

AUTHORIZATION TO PROCEED WITH BID ADVERTISEMENT
DATE: July 24, 2024
RECOMMENDATIONS:

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 specifications for the construction of Bella Verde Drive Pavement Rehabilitation Project – CP 918; and,

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

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

FISCAL IMPACT:

The pavement rehabilitation project on Bella Verde Drive has a total adopted project budget of $1,750,000 included in the Fiscal Year 2024-25 Capital Improvement Program; with $1,400,000 allocated from Gas Tax (Fund 200), $175,000 allocated from Measure M (Fund 222) and $175,000 allocated from Measure R (Fund 220). Approval of the recommended actions will allow staff to proceed with the bidding for this capital project.

As soon as staff evaluates all bids, a recommendation will be made at a future City Council meeting and include a well-defined structured budget. If necessary, budget amendments will be recommended for this capital project at the time of contract award.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

BACKGROUND/DISCUSSION:

This project is for the portion of Bella Verde Drive (formerly Via San Clemente) between Garfield Avenue and Via Breve, which runs through the City’s Golf Course. This project aims to resurface the street segment and enhance the Americans with Disabilities Act (ADA) accessibility path of travel. The adjacent parking lots are slated to be repaved, though there is an alternate bid in the contract specifications. If there are sufficient funds, staff will recommend paving the roadway and parking lots.

The final construction specifications are completed in accordance with applicable engineering standard specifications and are consistent with the City’s procurement and purchasing manual. The City Council is required to approve and adopt construction documents 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 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 PlanetBids. The following tentative schedule has been identified for the bid process:

Tasks Timeline
Bidding Period July 26, 2024 – August 22, 2024
Questions or Request for Information August 14, 2024 at 5:00 PM Bid Opening August 22, 2024 at 11:00 AM
Tentative Award of Contract September 11, 2024
Commence Construction September 2024
Complete Construction October 2024 (Street Pavement)
Complete Construction Bid Alternate December 2024 (Parking Lots) Close out Project January 2025
ENVIRONMENTAL:

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 use. The project is not anticipated to have any significant impacts with regards to traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project (Attachment B).

ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

SUMMARY:

Upon City Council approval, staff will proceed with the recommended actions to adopt plans, specifications and engineer’s estimate for the construction of Bella Verde Drive Pavement Rehabilitation Project (CP 918) and authorize staff to proceed with advertising for construction bids. The Fiscal Year 2024-25 Capital Improvement Program budget includes sufficient funding for this project, therefore no budget amendments are needed. However, after bids are received and evaluated, staff will return to City Council if budget amendments are needed.

ATTACHMENT(S)

1. Attachment A - Bella Verde Drive Pavement Rehabilitation Project CP 918 Contract Specifications

2. Attachment B - CEQA NOE

CITY OF MONTEBELLO

CALIFORNIA

CONTRACT DOCUMENTS

SPECIFICATIONS
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918
SCARLET PERALTA – MAYOR
SALVADOR MELENDEZ – MAYOR PRO TEM
ANGIE M. JIMENEZ – COUNCILMEMBER
GEORGINA TAMAYO – COUNCIL MEMBER
DAVID N. TORRES – COUNCILMEMBER
RAUL ALVAREZ – CITY MANAGER

CESAR ROLDAN - PUBLIC WORKS DIRECTOR
PREPARED BY:

Nam Tran
Assistant Engineer
1600 W Beverly Blvd
Montebello, CA 90640
Tel: 323-887-1200 ext. 1473
Bid Opening (Electronic Bid through PlanetBids)
Thursday, August 22, 2024 at 11:00 AM
Attachment A

i

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO

BID SCHEDULE
• Bidding Period - July 26, 2024 – August 22, 2024
• Questions or Request for Information - August 14, 2024 at 5:00 PM • Bid Opening - August 22, 2024 at 11:00 AM
• Tentative Award of Contract - September 11, 2024
• Commence Construction - September 2024
• Complete Construction - October 2024 (Street Pavement) • Complete Construction Bid Alternate - December 2024 (Parking Lots) • Close out Project - January 2025
Bid proposals will be received via PlanetBids
(https://www.montebelloca.gov/cms/One.aspx?portalId=58756&pageId=61544) until 11:00 A.M. on August 22, 2024.

These Specifications have been prepared
under the direction of:
____________________________________
Kev Tcharkhoutian
City Engineer

ii

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.

Cesar Roldan
Director of Public Works

iii

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO

TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS A-1 to A-3
INSTRUCTIONS TO BIDDERS B-1 to B-3
PROPOSAL C-1 to C-14
CONTRACT AGREEMENT D-1 to D-6
GENERAL SPECIFICATIONS E-1 to E-3

SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS GP-1 to GP-14
PART 2 – BID ITEM DESCRIPTIONS BD-2 to BD-32
LIST OF STANDARD PLANS APPENDIX “A”
DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) APPENDIX “B”

CONTRACTOR REGISTRATION NUMBER FORM
MAP OF IMPROVEMENTS APPENDIX “C”
PROJECT SIGN APPENDIX “D”

A-1

NOTICE INVITING SEALED BIDS
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites bids for the above stated project and will receive such bids through PlanetBids (https://www.montebelloca.gov/cms/One.aspx?portalId=58756&pageId=61544) by 11:00 A.M. on August 22, 2024.

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. The general items of work include a street overlay, removal and replacement of pedestrian ramps, curb & gutters, and other miscellaneous appurtenant work indication in the contract documents.

It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the 2021 Standard Plans for Public Works Construction (SPPWC), and 2021 Standard Specifications for Public Works Construction “Greenbook.” CONTRACT DOCUMENTS:

Copies of the contract documents and specifications are available through PlanetBids.

In order to be on the Planholder List for this project, each bidder must submit a Bidders Information Sheet through PlanetBids. Bids will not be accepted unless the bidder is on the Planholder List. All questions from plan holders must be sent through PlanetBids.

Questions: All questions related to this project shall be submitted electronically and received no later than 5:00 p.m. on August 14, 2024, prior to the opening of bids.

PREVAILING WAGE:

Pursuant to Section 1770, et seq., of the California Labor Code, the Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is available on-line at: B-2 www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. This project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD). Federal Labor Standards Provisions, including

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prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.

LABOR COMPLIANCE:

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)].

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 the Contract Specifications 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.

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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 contract period for this project is Forty-five (45) working days from the effective date of the Notice-to-Proceed to be issued by the City.

BY ORDER OF: The City of Montebello, California
_____________________________
Christopher Jimenez, City Clerk

B-1

INSTRUCTIONS TO BIDDERS
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

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, whichever occurs latest, for the construction of work described in the project documents or said legal notice. The ELECTRONIC Bid(s) will be evaluated and posted on PlanetBids, where they can be viewed publicly shortly after the bid closes.

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 directly through PlanetBids
(https://www.montebelloca.gov/cms/One.aspx?portalId=58756&pageId=61544) and contractors must use the Proposal forms provided by the AGENCY (contained within these contract specifications). 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. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.

DELIVERY OF PROPOSAL
Electronic Bids shall Bids shall be submitted electronically at https://www.cityofmontebello.com/rfp-bids/bid-opportunities.html by 11:00 AM on August 22, 2024. It is the bidder’s responsibility to ensure the bids have been successfully submitted thru PlanetBids. Bidders can contact the AGENCY’S Purchasing Officials for confirmation. 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 said 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 the provisions of the State Business and Professions Code.

B-3

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 completion 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 mind 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 Contractor 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.

SURETY BOND PERIOD
Surety Faithful Performance Bond shall be maintained for one (1) year after completion of project construction.

C-1

PROPOSAL
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

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. This 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 working days after the date of the AGENCY’s notice of award of contract to the 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 correspond therewith , but reserves 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

C-2
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. 3-2.2.2 “Increases of more than 25 percent” and sec. 3-2.2.2 “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) days, not including Sundays, 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.

The bidder also certifies that the bid is a balanced bid. In accordance with section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct.

C-3

BID PROPOSAL
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO
The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

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 SCHEDULE:

ITEM
NO. DESCRIPTION EST. QTY. UNIT UNIT PRICE

EXTENDED
AMOUNT
1 Mobilization 1 LS
2 Traffic Control 1 LS $ $
3 Implementation of BMPs 1 LS $ $
4 Remove (Grind) AC Pavement to uniform
depth. Full Street Width. Depth of 2" 130,000 SF $
5 Construct 2" AC Overlay. C2 PG 64-10.

Driveway. 1,571 TON $ $
6 Construction Survey & Monument Restoration 1 LS $ $
7 Replace Traffic Striping, Markings, Curb
Painting 1 LS $ $
8 Install Public Improvement Project Signs 1 EA $ $
9 Adjust Existing Manhole Cover to Finished Grade 4 EA $ $ 10 Adjust Existing Valve Cover to Finished Grade 6 EA $ $ 11 Adjust Existing Utility Cover to Finished Grade 2 EA $ $ 12 Remove & Replace Existing Curb Ramp (SSPWC
111-5) 1 EA $ $

C-4
TOTAL AMOUNT BASE BID IN WORDS________________________________________ _____________________________________________________________________________ _______________________________________________________________________Dollars _____________________________________________________________________________ Bidder’s Signature Title
_____________________________________________________________________________ Company Name
ITEM
NO. DESCRIPTION EST. QTY. UNIT UNIT PRICE

EXTENDED
AMOUNT
13 Construct new Curb Ramp (SSPWC 111-5) 5 EA $ $
TOTAL AMOUNT BASE BID SCHEDULE IN FIGURES $

C-5

BID ALTERNATIVE SCHEDULE
*Contact will be awarded to the most responsive and lowest responsible bidder based on the amount contained in the “TOTAL AMOUNT BASE BID SCHEDULE.” This Bid Alternative Schedule will only be utilized if bid alternative work is directed by the City for the portion of the parking lots.

TOTAL AMOUNT BID ALTERNATE IN WORDS_________________________________ _____________________________________________________________________________ _______________________________________________________________________Dollars _____________________________________________________________________________ Bidder’s Signature Title
_____________________________________________________________________________ Company Name
ITEM
NO. DESCRIPTION EST. QTY. UNIT UNIT PRICE

EXTENDED
AMOUNT
1 Mobilization 1 LS
2 Traffic Control 1 LS $ $
3 Implementation of BMPs 1 LS $ $
4 Remove (Grind) AC Pavement to uniform
depth. Parking Lot. Depth of 2" 219,650 SF $
5 Construct 2" AC Overlay. C2 PG 64-10.

Parking Lot. 2,654 TON $ $
TOTAL AMOUNT BID ALTERNATE SCHEDULE IN FIGURES $

C-6

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.

C-7

DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, which are in excess of one-half of one percent of the bid, and to procure materials and equipment from suppliers and vendors as follows:

Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the Public Works Director.

NAME, ADDRESS, LICENSE NO.,

AND PHONE NUMBER OF

SUBCONTRACTORS, SUPPLIERS, PORTION OF WORK,

AND VENDORS MATERIALS, OR EQUIPMENT
____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________ ____________________________________ _____________________________

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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:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

C-9

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

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

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

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

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BIDDER’S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder’s Name ___________________________________________________________ Business Address: __________________________________________________________

___________________________________________________________ Telephone ___________________________________________________________ State Contractor’s License No. and Class: ________________________________________ Original Date Issued ____________________ Expiration Date ______________________ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

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

BIDDER______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.
____________________________________
Signature of Contractor’s Representative
____________________________________
Printed Name
____________________________________
Title
Subscribed and sworn to this _________ day of _____________________,20_______.

NOTARY PUBLIC _____________________________________________________

C-12
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

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

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.

C-13
BIDDER’S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

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 of a violation of law or a safety regulation?
Yes_________ No_________
If the answer is yes, explain the circumstances in the space provided.

C-14
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

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

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

D-1

CONTRACT AGREEMENT
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO
This Contract Agreement is made and entered into for the above stated project this _________ day of ______________, 20____. BY AND BETWEEN the City of Montebello, as AGENCY, and __________________________________________________________________________ as CONTRACTOR. WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices, together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

ARTICLE III
CONTRACTOR agrees to receive and accept the unit or lump sum prices set forth in the 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 aforesaid 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.

D-2

ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents.

ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker’s compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

ARTICLE VI
CONTRACTOR agrees to indemnify, defend and hold harmless AGENCY and all of its officers and agents from any claims, demand, or causes of action, including related expenses, attorney’s fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder

ARTICLE VII
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein.

ARTICLE VIII
CONTRACTOR shall take and assume all responsibility for the work. CONTRACTOR shall bear all losses and damages directly or indirectly resulting to him, to the City, or to others on account of the performance under this contract, or the character of the work, accidents or any other causes whatsoever.

CONTRACTOR shall assume the defense and indemnify and save harmless the City, its officers, employees and Engineer from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from performance of this contract or work, regardless of responsibility for negligence; from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this contract, or CONTRACTOR’s performance thereunder, regardless of responsibility for negligence.

ARTICLE IX
STATE LABOR CODE. Contractor agrees to abide by the provisions of the State Labor Code, and to comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations and /or the requirements of the federal government and applicable federal wage rates.

The total contract price of this agreement is $ ______________________ based on estimated quantities given on the Base Bid Sheet.

ARTICLE X
The contract period for this project is thirty-five (35) working days, to begin from the effective date of the Notice-to-Proceed issued by the City.

D-3

ARTICLE XI (PREVAILING WAGES)
(a) Contractor agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
(b) Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by a subcontractor.
(c) Contractor agrees to comply with the provisions of California Labor Code Section 1776 which requires Contractor and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (iii) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. (d) Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that the Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(e) Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the City. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollar ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day or portion thereof 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 Division, 2, Part 7, Chapter 1, Article 3 of the California Labor Code. The Contractor may, with the approval of the Public Works Director, use his employees to carry out work on the project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:

For Daytime Work
• Week days (Monday through Fridays) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty-eight (48) hours work in a seven (7) day period week at one and one-half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time. • Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period.

D-4
(f) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.” Liquidated Damages: The liquidated damages value is hereby amended to be $500.00 per day.

ARTICLE XII (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime contractor or subcontractor to pay any subcontractor not later than 10 days of receipt of each progress payment, unless otherwise agreed to in writing. In addition, Federal Regulation (49 CFR 26.29) requires a prime contractor or subcontractor to pay a subcontractor no later than 30 days of receipt of each payment, unless any delay or postponement of payment among the parties takes place only for good cause and with the prior written approval of the agency.

Section 7108.5 of the California Business and Professions Code also contains enforcement actions and penalties.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this _______ day of ________________, 20_____.

CONTRACTOR: ______________________________________________________________ ______________________________________________________________________________ (Title)
Contractor’s License No. _____________________________________________ AGENCY Business License No. _______________________________________ Federal Tax Identification No.: ________________________________________ Subscribed and sworn to this _________ day of ______________________, 20_____________.

NOTARY PUBLIC _____________________________________________________________ AGENCY: ____________________________________________________________________ Raul Alvarez, City Manager of the City of Montebello
ATTESTED:___________________________________________________________________ Christopher Jimenez, City Clerk, City Clerk of the City of Montebello Date ________________________

D-5

FAITHFUL PERFORMANCE BOND
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO
KNOW ALL MEN BY THESE PRESENTS that ______________________________________ __________________________________________________________ as CONTRACTOR and __________________________________________________________, as SURETY, are held and firmly bound unto the City of Montebello, as AGENCY, in the penal sum of _________________________________________________________________________________ _______________________________________________________________________ dollars ($___________), which is one-hundred percent (100%) of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ______ day of ___________________, 20_____.

CONTRACTOR* ______________________________________________________________ _____________________________________________________________________________ SURETY* ___________________________________________________________________ _____________________________________________________________________________ Subscribed and sworn to this ________ day of ____________________, 20_________.

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

D-6

MATERIAL AND LABOR BOND
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO
KNOW ALL MEN BY THESE PRESENTS that ______________________________________ ___________________________________________________________, as CONTRACTOR, and _________________________________________________________, as SURETY, are held and firmly bound unto the City of Montebello, as AGENCY , in the penal sum of ______________________________________________________________________________ ________________________________________________________________________ dollars ($ _____________), which is fifty percent (50%) of the total contract amount for the above stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alteration made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this ________ day of _________________, 20_________.

CONTRACTOR* ______________________________________________________________ ______________________________________________________________________________ SURETY* ____________________________________________________________________ ______________________________________________________________________________ Subscribed and sworn to this _________ day of _______________________, 20_______.

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

E-1

GENERAL SPECIFICATIONS
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO

SCOPE OF WORK
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals to perform the work shown in the Plans, Specifications, and contract documents. The general items of work include removal of existing concrete improvement reconstruction including replacing traffic striping, markers, pavement markings and curb painting.

LOCATION OF WORK
The general locations and limits of the work are as follows:

1. BELLA VERDE DRIVE FROM N. GARFIELD AVE TO THE END OF THE STREET

AT THE GOLF COURSE (FORMER VIA SAN CLEMENTE)

TIME FOR COMPLETION
The contract period for this project is Forty-five (45) working days from the effective date of the Notice-to-Proceed to be issued by the City.

NOTIFICATION
The Contractor shall notify the City of Montebello and the owners of all utilities and substructures not less than 48 hours (2 working days) prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:

CITY OF MONTEBELLO DEPT OF PUBLIC WORKS (323) 887-1200, Ext. 1473 Attention: Mr. Nam Tran [email protected]
AT&T (626) 318-9039
Attention: Mr. Marco Macias
CALIFORNIA WATER SERVICE (323) 823-5287
Attention: Mr. Ralph Felix [email protected]
CENTRAL BASIN MUNICIPAL WATER DISTRICT (323) 201-5500
Attention: Mr. Kevin P. Hunt

E-2
CHARTER COMMUNICATION (626) 807-3263
Attention: Mr. Rodney Graf [email protected]
LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS (626) 458-7136 Attention: Mr. Mahdad Derakhshani [email protected] LOS ANGELES COUNTY SANITATION DISTRICT (562) 908-4288 ext. 1205 Attention: Ms. Christine Gurga [email protected] METROPOLITAN WATER DISTRICT (213) 217-7670
Attention: Mr. Ken Chung [email protected]
MONTEBELLO LAND & WATER (323) 722-8654
Attention: Mr. Brett Ommen [email protected]
SAN GABRIEL VALLEY WATER CO. (909) 201-7349
Attention: Mr. Paul Garavito
SOUTH MONTEBELLO IRRIGATION DISTRICT (323) 721-4735
Attention: Mr. Jordan Betencourt [email protected] SOUTHERN CALIFORNIA EDISON North of Lincoln Av (323) 720-5298 Attention: Ms. Regina Gonzales
SOUTHERN CALIFORNIA EDISON North of Lincoln Ave. & Large Projects Attention: Ms. Elda Alatorre (323) 720-5214
SOUTHERN CALIFORNIA EDISON South of Lincoln Ave. (310) 608-5005 Attention: Ms. Lissette Alvarez [email protected] THE GAS COMPANY (310) 605-4105
Attention: Mr. Cesar Arroyo [email protected] CRIMSON PIPELINE (310) 669-4002
Attention: Mr. Ryan Lassus (310) 669-4024
CHEVRON (310) 669-4014
Attention: Mr. Dave Zerler
CITY POLICE AND FIRE DEPARTMENT Police: (323) 887-1313
Fire: (323) 887-4510
UNDERGROUND SERVICE ALERT (800) 422-4133 Tel
(909) 808-8101 Fax
TRASH COLLECTORS – ATHENS DISPOSAL (626) 336-6100
STREET SWEEPING – NATIONWIDE (562) 860-0604

E-3
MONTEBELLO UNIFIED SCHOOL DISTRICT (323) 887-7900
MONTEBELLO TRANSIT (323) 558-1625

EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the City Police Department prior to beginning work.

STANDARD SPECIFICATIONS
The Standard Specifications and Standard Plans of the AGENCY are contained in the Latest Edition, including the current 2016 Supplement, of the Standard Specifications for Public Works Construction (SSPWC) and 2021 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.

GP-1

SPECIAL PROVISIONS
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO

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

SECTION PAGE

1. TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS GP-2

2. SCOPE AND CONTROL OF THE WORK GP-3

4. CONTROL OF MATERIALS GP-5

5. UTILITIES GP-5

6. PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK GP-6

7. RESPONSIBILITIES OF THE CONTRACTOR GP-6

8. FACILITIES FOR AGENCY PERSONNEL GP-11

9. MEASUREMENT AND PAYMENT GP-12

10. CITY STANDARDS, STANDARD PLANS & DRAWINGS GP-13
PART 2 BID ITEM DESCRIPTIONS

BASE BID ITEMS PAGE
1 Mobilization BD-2
2 Traffic Control BD-2
3 Implementation of BMPs BD-2
4 Remove (Grind) AC Pavement. Full Street Width and Parking Lot.

Depth of 2" BD-7
5 Construct 2" AC Overlay. C2 PG 64-10. Driveway and Parking Lot BD-8 6 Construction Survey & Monument Restoration
7 Replace Traffic Striping, Markings, Curb Painting BD-12 8 Install Public Improvement Project Signs BD-13
9 Adjust Existing Manhole Cover to Finished Grade BD-17 10 Adjust Existing Valve Cover to Finished Grade BD-17
11 Adjust Existing Utility Cover to Finished Grade BD-17 12 Remove & Replace Existing Curb Ramp (SSPWC 111-5) BD-17 13 Construct New Curb Ramp (SSPWC 111-5) BD-17

GP-2

BID ALTERNATIVE ITEMS PAGE
1 Mobilization BD-2
2 Traffic Control BD-2
3 Implementation of BMPs BD-2
4 Remove (Grind) AC Pavement. Full Street Width and Parking Lot. Depth of 2" BD-7
5 Construct 2" AC Overlay. C2 PG 64-10. Driveway and Parking Lot BD-8

GP-3

SPECIAL PROVISIONS
PART 1 – GENERAL PROVISIONS
FOR

BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT
(FROM N. GARFIELD AVE TO THE END OF THE STREET AT THE GOLF

COURSE)
C.P. No. 918

IN THE CITY OF MONTEBELLO
The work required to be performed for the completion of the Project shall be performed in accordance with the Standard Specifications for Public Works Construction (SSPWC), latest Edition (hereinafter referred to as the "General Provisions"), in so far as the same applies to the Project, the Standard Plans and the Contract Documents.

For purposes of this Project, the following General Provisions are amended, as follows:

SECTION 1 – TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS The following additions/modifications are hereby made to Subsection 1-2 of the Standard Specifications:
1-2 DEFINITIONS
AGENCY: City of Montebello
Board: City Council of the City of Montebello
Caltrans: State of California, Department of Transportation County: County of Los Angeles
Engineer: The Public Works Director of the City of Montebello or his authorized representative
Federal: United States of America
Contractor: The word Contractor means the Contractor as defined herein or his authorized representative.

GP-4
SECTION 2 – SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF CONTRACT
Subsection 2-1 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 officers to sign contracts and bonds for the corporation.
2-3 SUBCONTRACTS
The whole paragraph of Subsection 2-3.2 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 from 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.

GP-5
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.
2-4 CONTRACT BONDS
The second sentence of the fourth paragraph of Subsection 2-4 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 2-4 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.
2-5 PLANS AND SPECIFICATIONS
2-5.1 General.

The following is added to 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.
2-9 SURVEYING
2-9.1 Permanent Survey Markers.

The following is added after the first paragraph of this subsection of the Standard Specifications:

The Contractor shall reset disturbed monuments and provide a Corner Record Survey filed with the County Surveyor and Public Works Director. Corner Record Surveys shall be completed by a Land Surveyor licensed in the State of California to practice surveying. 2-9.2 Surveying Services.

This subsection of the Standard Specifications is hereby deleted and replaced with the following:

GP-6
The Contractor will furnish a Surveyor as needed for layout of the work and the resetting of monuments.

SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General
The following is hereby added to this subsection of the Standard Specification:

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 Public Works Director’s written notice. 4-1.6 Trade Names or Equals
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 mind 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 City has designated a sole product. Once the bids have been opened the successful Contractor may discuss with the City the use of another product; which may result in a determination by the City that the other product is equal and possibly that by the City allowing the use of the Contractor proposed equal that a change in the contract amount may result.

SECTION 5 – UTILITIES
5-1 LOCATION
The following is hereby added to this subsection of the Standard Specifications:

The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate.

It shall be the Contractor’s responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high risk underground facilities. The Contractor shall notify the owners of all known utilities and substructures as set forth in the Specifications.