Montebello City Council
September 11, 2024

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City of Montebello
FY 2024-2025
Construction Contract Agreement
(CDBG)
This “Contract” (also referred to as “Agreement”) is made and entered into by and between:

CITY
SUBRECIPIENT: CONTRACTOR:
__________________ _________________
Business Name Contractor
__________________ __________________
Property Address Contractor’s Address
__________________ __________________
City, State and Zip Code City, State and Zip Code

1. General Scope of Work – Contractor shall furnish all necessary labor, tools, materials, fixtures, and equipment and complete the work c oncerning the property located at __________________ _______, CA _____, in acc ordance with the Wo rk Wr ite-Up with bid prices referenced as Attachment 1 of this agreement (“Work Write-Up). City Subrecipient agrees to the scope of work identified in Attachment 1 and agrees that all Community Development Block Grant (“CDBG”) funds received from the City shall be used solely for the purpose of completing items identified in Attachment 1. The parties agree to comply with all requirements included in the Construction Contract Agreement (“agreement”) and all CDBG (“Guidelines”), included herein as Attachment 2 and any failure to adhere to these requirements will be considered a default under this Agreement.

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

2. Payment – The Contractor shall be paid, for performance, the total sum of $__________________.

Only one (1) progress payment and the final payment will be made that will include any amounts due under the Contract. Payments will be issued in the form of a check payable to the Contractor’s company name.. All payments and payment requests shall conform to the requirements of Section IV.E of the Guidelines including Attachment 2 to this Agreement.

3. Final Payment - Contractor’s final request for payment of 10% retention must include a s igned building inspection card if a permit is required and signed labor and material’s lien releases. The contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party. Payment of the retention shall be made not earlier than forty-five (45) days after all Work has been completed, all lien releases or claims for liens by Contractor have been submitted and verification that a Notice of Completion has been mailed for official recording.

4. Time of Completion of the Project – Within 10 days after exec ution of this Contract, City Subrecipient shall have job site ready for c ommencement of construction. Contractor shall commence work within ten (10) days after a receipt of a “Notice to Proceed” and shall complete the same within 90 days (excluding weekend and holidays subject to permissible delays as described in Section 16 hereof.

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5. Contractor’s License – Contractor hereby affirms that he/she is ready, willing and able to perform the work required and will maintain in full force and effect, throughout the term of this Agreement hereof, a State Contractor’s pursuant to the California Business and Profession Code.

6. Site Examination – Contractor hereby affirms that he/she has visited the Project site and examined for himself/herself the nature of all existing conditions. Contractor agrees to furnish all labor and material necessary to prepare the site for execution of this Agreement.

7. Permits – Contractor shall obtain and pay for all building permits and licenses required to complete the work. The contractor must include all permit fees in project total. The Building and Safety Division is open Monday – Thursday 7:30am -5:00pm.. For permit questions, please call 323-887-1200 ext. 1497.

8. Plans and Specifications - A ny drawings or sketches which may be attached to or furnished wit h Work Write-Up are intended to clarify or further describe the job. Because of the nature of work being done, some det ails of sketches or drawings may be “typical” and grades, dimensions and exact existing conditions may need to be verified at the job site. Unless specifically noted, all construction methods and materials used shall conform to the requirements of the Uniform Building Code as adopted by the City. Any work done by the Contractor that is not in conformity with Work Write -Up or applicable building codes shall be immediately repaired by Contractor, at no cost to City Subrecipient or City, including the cost of labor, material and supplies prior to final payment.

9. Workmanship – Contractor shall perform the Work in a good and workmanlike manner and ensure compliance with the Work Write-Up and all applicable building codes and regulations with regard t o m
aterials, methods and assembly will not, in itself, assure acceptance of the construction. Of equal importance is good workmanship, the lack of which shall be sufficient cause to refuse acceptance of the construction. The contractor warrants that all materials, fixtures and equipment furnished by the Contractor shall be new, of good quality, and of good title, and that the work shall be done in a neat and workmanlike manner. All manufacturers and suppliers written guarantees and warranties covering materials and equipment furnished under the Contract shall be delivered to the City Subrecipient(s). The Contractor shall be responsible to City Subrecipient for the acts and omissions of its employees, subcontractors, its subcontractors’ agents and employees, and all other persons performing any Work in connection with this Agreement and shall warrant all work and pr omptly remedy any defect in the work, and shall pay for any damage to other work resulting there from, which may appear within a period of one year from the date of final acceptance of the work. The City Subrecipient(s) shall give notice of observed defects with reasonable promptness.

10. Lead Based Paint – The Contractor agrees not to use lead -based paint in the Contractor’s performance of this Contract. “Lead- based paint” means any paint containing mare that six one - hundredths of one percent (1%) lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of pain already applied.

Contractors shall comply with the provisions of 29 CFR Part 1926(OHSA), governing the protectio n
of workers disturbing lead painted surfaces.

11. Liens. Contractor shall keep the Property and every part thereof free and clear of all mechanics’ liens, materialmen’s liens, and other liens for any work or labor done, services performed, or materials and appliances used or furnished for or in connection with any work performed under the Agreement.

C
ontractor shall at all times promptly and fully pay and discharge any and all claims on which any such liens may or could be based, and shall indemnify, defend, and hold harmless the City Subrecipient against all such liens, claims of liens, damages, expenses, losses, costs, and suits or other procedures pertaining thereto including, but not limited to, court costs and attorney's fees resulting or arising therefrom. In the event any liens and/or claims of lien are filed for record against

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the Property, or the City Subrecipient receives notice of any unpaid bill or charge in connection with the performance of this Agreement, Contractor shall forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record, or Contractor shall furnish City Subrecipient with proper indemnity, either by satisfactory statutory surety bond or satisfactory title policy.

12. Labor, Materials and Bonds – Contractor shall pay all charges for labor and materials incurred by Contractor and used in the construction of the project. Should Contractor fail to make the payments required, payments may be made on the behalf oof Contractor and such amount shall be deducted from the total contractor amount. All pertinent invoices, releases, certifications, list of subcontractors and material men, and copies of applicable permits shall be attached to the payment request.

13. Clean-up – Contractor shall Upon completion of each day’s work, Contractor will remove debris and surplus material and leave the premises in a neat and clean condition.

14. Incorporated Documents to be Considered Complementary – The aforesaid Work Write -Up, Agreement, and Guidelines are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, attached her
eto, together with this written Agreement, shall constitute the contract bet ween the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.

15. Protection of Work Equipment – Contractor shall, at all times, provide protection against weather, rain, wind, storms and heat so as to maintain all work, materials, apparatus and fixtures free from injury and damage. At the end of each day’s work, all new work existing improvements exposed and likely to be damaged shall be protected and the premises shall be secured. Any work damaged by failure to provide protection as required above shall be replaced with new work at Contractor’s expense. It shall be the responsibility of the City Subrecipient to remove all personal property from the work area and to otherwise make the premises available to Contractor to perform the work described herein. IN THE EVENT THAT THE WORK WILL RENDER CITY SUBRECIPIENT ’ S
BAT

HROOM FACILITIES, INCLUDING TOILET, BATHTUB/SHOWER OR WASH BASIN OR

KITHCHEN FACILITIES, INCLUDING SINK, REFRIGERATOR AND RANGE INOPERATIVE O R O
THERWISE UNAVAILABLE FOR A PERIOD EXCEEDING 24 HOURS, CONTRACTOR SHALL PROVIDE TEMPORARY FACILITIES ON THE PREMISES FOR USE BY CITY SUBRECIPIENT.

16. Work Days –Monday through Friday, except legal holidays.

17. Delays – The City Subrecipient and Contractor agree that the period of the contract may be extended, by mutual agreement, and with the written consent of the City of Montebello for good cause.

Extensions shall be in writing, shall reference this Contract, shall be signed and dated by the Parties hereto, with a copy provided to the Planning & Community Development Department. Contractor will not be held responsible for failure to complete said work within the specified time to the extent the delay is due to strikes, conscription of property, government priority regulations, inclement weather conditions, Acts of God, capricious or unreasonable acts or omissions or noncompliance of City Subrecipient, or any other causes beyond his/her control. The final completion date may be extended f
or delays caused by acts of God, acts of City Subrecipient or for any additional work requirin g addi
tional time, but only to the extent such additional time is set forth in writing.

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18. City Subrecipient Responsibilities – During the time for performance for work under this contract, City Subrecipient shall not have other Contractors or workers on the premises without permission of the Contractor. This restriction shall not apply if Contactor is in default under this Contract. While this contract is in force, City Subrecipient shall permit Contractor to use existing utilities such as light, heat, power and water to carry out and complete the work and shall completely cooperate with Contractor to facilitate the performance of the work, including the removal and replacement of rugs, draperies, coverings, furniture, etc., as necessary. Contractor shall provide additional receptacles for trash and debris removal, based upon expected need at no additional cost to City Subrecipient. City Subrecipient hereby grants City a right of access to the Property to conduct any inspections pursuant to this agreement or verif y compliance with the terms of the Agreement or Guidelines or this Agreement.

19. Whole or Partial Destruction of Property – If the work provided for should, before completion, be wholly or partially destroyed by fire, defective soil, earthquake, or Acts of God, which Contractor could not have reasonably foreseen and provided against, then the loss so occasioned shall be sustained by City Subrecipient, provided, however, that any damage or destruction to City Subrecipient ’s real or personal property caused by Contractor or his or her agents during construction shall be repaired and/or paid for by Contractor prior to final payment. In the event of whole or partial destruction of work provided, the City Subrecipient shall have the right to determine whether to complete construction. In the event City Subrecipient elects not to complete construction, the City Subrecipient shall be provided payment for the work performed to the date of notification to Contractor to cease construction.

20. Contractor Default – Should the Contractor, at any time during the progress of the work, refuse or neglect, without fault of the City Subrecipient, to supply sufficient materials or workers to complete the work hereunder within the time specified (due allowances being made for the contingencies provided for), City Subrecipient shall have the right to declare the Contractor in default. In such event, the City Subrecipient shall be responsible for providing written notice to the Contractor and a copy to the City by registered mail of such default. It the Contractor fails to remedy such default within fifteen (15) days of mailing such notice, the City Subrecipient shall have the right to select one or more substitute contractors acceptable to the City to finish the work. If the expense of finishing the work exceeds the balance not yet paid to the Contractor on this Contract, the Contractor shall pay the difference to the City within ten (10) days after the City mails by registered mail a written request for payment to the Contractor. The City may use all or any portion of the hold back amount to compensate substitute contractors selected pursuant to this paragraph, and the contractor shall have the right to object to this determination by the City.

21. City of Montebello Business License - Contractor is required to obtain a Business License to work within the City of Montebello, even if your business is not located in town. The Business License requires the contractor ’s license number and a valid California ID. Individuals acting as an agent for the contractor must have a valid California ID and a current notarized letter signed by the City Subrecipient/officer of the business. For additional information, please contact the Business Support Center at 323-248-8614 Monday – Friday from 8:00am to 5:00pm..

22. Insurance – Contractor warrants that Contractor has obtained all insurance required. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the subcontractor has been obtained. Contractor agrees to maintain and provide evidence of the following policies of insurance at all times during the life of this contract:

a. Worker’s Compensation Insurance – In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to employees and provide certification that the contractor is aware of the provisions of Section 3700 of the Labor

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Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code; Contractor to comply with such provisions before commencing the performance of work of this contract.

b. Comprehensive General Liability – Every contractor shall secure a comprehensive general liability policy with a minimum of one million dollars ($1, 000,000) per occurrence/$2,000,000 aggregate combined single limit coverage which includes bodily injury, property damage, and contract liability. Such insurance shall be primary and non-contributing and shall apply separately to each insured against who a claim is made or suit is brought, except with respect to the insurance company’s standard limits of liability. Each such policy of insurance provided for shall be issued by an insurance company, which is qualified to do business in the State of California.

c. Automobile Liability
$1,000,000 per accident $2,000,000 aggregate for bodily injury and property damage.

Each policy of insurance shall:
• Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by the City.
• Name and list as additional insured the City, its officers and employees. • Specify that such insurance acts as primary insurance. • Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of Montebello such cancellation or material change."

The Contractor agrees to provide evidence to the City Subrecipient and City of Montebello of such insurance prior to the commencement of work.

22. Contractor’s Liability – City Subrecipient and the City of Montebello shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees or Contractor or subcontractors or the public, or for work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City Subrecipient or independent contractors who are directly responsible for the same and in connection therewith:

a. Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorney fees incurred in connection therewith

b. Contractor will promptly pay any judgment rendered against Contractor covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder, and Contractor agrees to save and hold City Subrecipient and the City of Montebello harmless therefrom.

c. In the event the City Subrecipient, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of Contractor hereunder, Contractor agrees

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to pay to City Subrecipient all costs and expenses incurred by City Subrecipient in such action or proceeding together with reasonable attorney fees.

23. Good Faith Resolution of Disputes – Any disagreement arising out of this Contractor any alleged breach hereof shall be submitted to an arbitration service for resolution. Thereafter an action may be instituted at law or in equity to enforce the terms hereof.

24. Non-Discrimination – Contractor and its Subcontractors shall comply with provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7258.0, et seq.) by not unlawfully discriminating against any employee or applicant for employment because of the following: race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or sex. During the performance of this Contract, the Contractor assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age or handicap, under any program or activity funded by this Contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, all implementing regulations, and including ‘Section 504 of the Rehabilitation Act of 1974.

25. Equal Employment Opportunity – During the performance of this contract, the contractor agrees to abide by the Equal Opportunity Clause of 41 CFR 60- 1.4(a) or 41 CFR 60- 1.4(b) for construction contracts incorporated into this Agreement by reference and made part hereof as if set forth in full .

Contractor and subcontractors shall also comply with the provisions of the Fair Employment and Housing Act (Government Code section 12990 (a- f) et s eq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285, et seq .). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

26. Davis-Bacon Act, Copeland “Anti-Kickback” Act and State Labor Standard Provisions –

a. The Contractor shall also be required to comply with the prevailing wage requirements of the Davis-Bacon Act (40 U.S.C. 3141-3418) as amended. Contractor also warrants that the Contract was not induced, by any means, from giving up any portion of the compensation due under this Agreement by any City employee in breach of 40 U.S. C. 3145. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

b. State Labor Standard Provisions: Contractor and all subcontractors are subject to the following provisions of the California Labor Code: Section 3700 regarding worker’s compensation, Sections 1810-1815 regarding maximum work hours, and 1771.1(a) requiring registration with the Department of Industrial Relations.

27. Contract Work Hours and Safety Standards Act – All Contractors and Subcontractors who are awarded contracts in excess of $2,000 shall comply with the requirements of the Contract Work Hours Standards Act (40 U.S.C. 327- 330) as supplemented by Department of Labor regulations (20 CFR Part 5) which requires that workers receive “overtime” compensation at a rate of one and one- half times their regular hourly wage after they have worked eight hours in one day or 40 hours in one week.

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28. Debarment and Suspension –The CONTRACTOR’s execution of this Agreement shall constitute a certification under penalty of perjury under the laws of the State of California, that the Contractor or any person associated therewith in the capacity of City Subrecipient , partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility.

Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

29. Procurement of Recovered Materials – Contractor
shall comply with the requirements of the t200
Disposal Act, Section 6002, as amended by the Resource Conservation and Recovery Act.

30. Clean Air Act – During the performance of this Agreement, Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251, et seq., and regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.

31. Build America, Buy America Act – This agreement is related to a project that is subject to the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Contractor understands that they are responsible for ensuring that such provisions are complied with, absent a waiver by the Department of the Interior. Contractor shall not approve for use in this project, any iron, steel, manufactured products, or construction materials unless such materials have been produced in the United States. Contractor shall obtain all necessary compliance certificates for work that is within provider’s scope of work. Failure to do so shall be a default under this agreement. Guidance on complying with BABAA is outlined by the Office of Management and Budget’s Memorandum M- 22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022.

32. Requirements Under Section 3 Final Rule, 24 CFR Part 75 – As a HUD Section 3 construction contract, Contractor and subcontractor must address the Section 3 employment work hours benchmarks for Section 3 Workers and Targeted Section 3 Workers as established by the U.S.

Department of Housing and Urban Development at 24 CFR Part 75.

33. Child Support Compliance Act – Contractor shall acknowledge and recognize the importance of child and family support obligations and shall fully comply with applicable state and federal laws relating to child and family support enforcement, including but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section

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5200) of Part 5 of Division 9 of the Family Code and required registries maintained by the California Employment Development Department.

34. Architectural Ba rriers Act and the American with Disabilities Act – Contractor and all subcontractors comply with the Architectural Barriers Act of 1968 (42 USC 4151- 4157) requiring certain Federal and Federally-funded buildings and facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, people with physical disabilities.

35. Termination for Cause or Convenience –

a. Termination for Cause: If either party materially defaults in the performance of any of its duties or obligations under this Agreement, the Party in default either (1) must substantially cure the default within thirty (30) days after written notice is given to the defaulting Party specifying the default; or (2) with respect to those defaults which cannot reasonably be cured within thirty (30) days, must commence curing said default within thirty (30) days, proceed with all due diligence, and substantially cure the default within ninety (90) days. If the defaulting party is unable to do so, the Party not in default may, by giving written notice of termination to the defaulting party, terminate this Agreement as of the date specified in the notice of termination (the “Termination Date”), such Termination Date being subsequent to the date of the notice of termination.

b. Termination for Convenience: Either party may terminate this Agreement in its entirety for convenience after providing the other party five (5) days’ written notice in advance. Any or all finished or unfinished deliverables prepared by Contractor under this Agreement shall, at the option of the City, become the property of the city subrecipient.

36. Breach of Contract and Liquidated Damages – The services outlined in the Scope of Work will be subject to the following penalties and liquidated damages:

a. Penalties: In the event Contractor is determined to have engaged in any proscribed conduct or otherwise is in default as to any applicable term, condition, or requirement of the contract, City Subrecipient may impose sanctions.

b. Liquidated Damages – In the event Contractor fails to complete the project pursuant to this contract on or before the Final Completion Date (together with permissible delays), Contractor shall pay to City Subrecipient, as liquidated damages and not as a penalty, the sum of $100.00 per day that Contractor is in default which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation to City Subrecipient for the foreseeable losses that may result from such delay in completion and due to the difficulty which would otherwise occur in establishing actual damages resulting from such delays in completion. Liquidated damages received are not intended to be, nor shall they be treated as, either a partial or full waiver or discharge of City Subrecipient’s right to indemnification, or the Contractor’s obligation to indemnify City Subrecipient, or to any other remedy provided for as a provision of the contract or law. City Subrecipient may deduct and retain out of any monies due to Contractor the amount of any such liquidated damages; and in case the amount which may become due is less than the number of liquidated damages due to City Subrecipient, Contractor shall be liable to pay the difference.

37. Record Retention – The parties hereto shall keep adequate records and supporting documentation, which concern or reflect its services rendered under this Agreement. Records subject to the

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provisions of California or local public records must be kept in accordance with those laws, rules, or regulations.

38. Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms – Contractors shall take affirmative steps to comply with CFR 200.321 by:

(a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
(d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

39. Notices – Any notices, requests or approvals given under this Contract may be personally delivered or deposited with the United States Postal Services for mailing, postage prepaid, registered or certified mail, return receipt requested to the following address:

City Subrecipient: Name: __________________
Address: _________________

City: City of Montebello
Planning and Community Development Department
Attn: Housing Division
Address:1600 West Beverly Boulevard
Montebello, CA 90640

To Contractor: City Subrecipient – Business Name: __________________ Construction Inc
A ddress: __________________
Address: __________________

40. Required Reporting – All parties hereto acknowledge that they may be subject to periodic reporting as required by the Program, including but not limited to Performance Reports, Client Characteristics, Program Income, and other reports in such forms as required.

41. Energy Efficiency – Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the California energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

42. Federal Lobbying Restrictions – United Sates Code section 1352, Title 31, USC prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal -aid contract to pay for any person influencing or attempting to influence a federal agency or Congress in connection with the awarding of any Federal- aid contract, the making of any federal funds , or the

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entering into any cooperative agreement. Further reporting and certification may be required by where applicable.

43. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment – In the performance of this Agreement, Contractor is prohibited from using covered telecommunications equipment or services as a substantial component of any system or as critical technology thereof, unless otherwise set forth in Public Law 115-232, section 889.

44. Modifications – Modifications, rescission, amendments or any provision of this contract may only be made in writing or with a Change Order by either City Subrecipient or Contractor, and approved by the City of Montebello Planning and Community Development Department, or its designee.

45. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the Property.

46. Contractor and City Subrecipient Understanding- Contractor and City Subrecipient hereby acknowledge that they have read this contract and further acknowledge that time has been allowed for them to consult an attorney of their choosing. City Subrecipient and Contractor acknowledge that this Agreement affects their legal rights and that they have read and understand its provisions. The City Subrecipient and Contractor agree that they are the sole Parties to this Contract and are solely responsible for its performance. The Parties agree that neither the City nor its agents, officers or employees assume any liability or responsibility whatsoever arising out of this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the day and year first above written (Copy to City Subrecipient, Copy to Contractor, and Copy to Program Office).

CONTRACTOR

_______________________________________ ________________________________________ Print Name of Licensed Contractor State of California Contractor’s License Number

________________________________________ ____________________________ Signature of Contractor Date

PROPERTY CITY SUBRECIPIENT

_________________________________________ _________________________________________ Print Name of Property City Subrecipient Signature of Property City Subrecipient Date

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BUSINESS CITY SUBRECIPIENT

_________________________________________ _________________________________________ Print Name of Business City Subrecipient Signature of Business City Subrecipient Date

CITY OF MONTEBELLO

______________________________________ ________________________________________ City Manager, ____________ or designee, Signature Date Community Development Director, ____________

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ATTACHMENT 1

WORK WRITE-UP

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ATTACHMENT 2

OTHER ADDENDUMS

Notice of Exemption Appendix E

Revised 2011
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: __________________
___________________________
___________________________
From: (Public Agency): ____________________________
_______________________________________________
_______________________________________________
(Address)

Project Title: ____________________________________________________________________________

Project Applicant: ________________________________________________________________________

Project Location - Specific:

Project Location - City: ______________________ Project Location - County: _____________________ Description of Nature, Purpose and Beneficiaries of Project:

Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
/box2 Ministerial (Sec. 21080(b)(1); 15268);
/box2 Declared Emergency (Sec. 21080(b)(3); 15269(a));
/box2 Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); /box3 Categorical Exemption. State type and section number: ____________________________________ /box3 Statutory Exemptions. State code number: ______________________________________________ Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________

If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? /uniF020/box2 Yes /box2 No

Signature: ____________________________ Date: ______________ Title: _______________________ /box2 Signed by Lead Agency /box2 Signed by Applicant

Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

ATTACHMENT D

ITEM # 15

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: AWARD CONSTRUCTION CONTRACT TO CALIFORNIA LANDSCAPE & DESIGN, INC. FOR THE MONTEBELLO CITY PARK BASEBALL
FIELD RENOVATION PROJECT (CP 928)

DATE: September 11, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Award a construction contract to California Landscape & Design, Inc. for the Montebello City Park Baseball Field Renovation Project (CP 928) in the amount of $799,882 plus a 5% construction contingency of $39,994 for a total contract amount of $839,876; and,

2. Amend the Fiscal Year 2024-25 Budget by increasing appropriations by $288,725 in Account 100-70-710-6040.10 (General Fund, Parks & Recreation, Recreation, Contract Services Outside Contracts); and,

3. Authorize the City Clerk’s Office to release all other bidders’ bonds; and,

4. Authorize the City Manager to execute the construction contract agreement and all change orders in good faith; and,

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

FISCAL IMPACT:

The City of Montebello has $451,151 available in Measure A funds in Account No. 221- 70-720-6040.10 (Measure A Local, Parks and Recreation, Park Maintenance, Contract Services Outside Contracts) and $100,000 available in TDA funds in Account 223-99- 7116 (TDA Article 3, Non-Departmental, Improvements Other Than Building) for the Montebello City Park Baseball Field Renovation Project. These funds have been appropriated as part of the Fiscal Year 2024-25 budget adoption process. Staff recommends amending the Fiscal Year 2024-25 Budget by increasing appropriations by

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 11, 2024

$288,735 in Account No.100-70-710-6040.10 (General Fund, Parks and Recreation, Recreation, Contract Services Outside Contracts).

Staff recommends awarding the construction contract to California Landscape & Design, Inc. as the most responsive and responsible bidder for the amount of $799,882.

Additionally, a 5% construction contingency of $39,994 is requested in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project's cost over the course of its life. The total contract amount approved would be $839,876. Staff requests authorization to allow the City Manager to execute all contract change orders approved and negotiated in good faith by the Director of Public Works.

BACKGROUND/DISCUSSION:

On July 24, 2024, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for the Montebello City Park Baseball Field Renovation Project (CP 928). The project aims to revitalize the area by renovating the baseball field’s infield and outfield surfaces. This includes refurbishment of the dugouts, bleachers, irrigation systems, outfield turf and fencing. The project aims to increase utilization of the baseball field by local schools, sports organizations, and City youth sports programs.

The NIB was published on July 26, 2024, in a newspaper of general circulation. Bidders accessed the contract specifications via PlanetBids. Only one bid was received electronically via PlanetBids on August 22, 2024:

Contractors Total
Bid
1 California Landscape & Design, Inc $799,882

The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Based on the analysis of the bid received, staff’s recommendation is to award California Landscape & Design, Inc. the contract agreement (Attachment A) as the most responsive, responsible bidder and include the base bid schedule. The bid proposal is available in the City Clerk’s Office for review.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends awarding the construction contract to California Landscape & Design, Inc. as the most responsive and responsible bidder for the amount of $799,882. Funding from multiple sources will be used for this project: $451,151 from Measure A funds

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 11, 2024

(Account No. 221-70-720-6040.10, Measure A Local, Parks and Recreation, Park Maintenance, Contract Services Outside Contracts), $100,000 from TDA funds (Account No. 223-99-7116, TDA Article 3, Non-Departmental, Improvements Other Than Building), and $288,725 from Account No. 100-70-710-6040.10 (General Fund, Parks and Recreation, Recreation, Contract Services Outside Contracts). The General Fund appropriations include funds for a 5% construction contingency of $39,994 in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life. The total contract award amount -- including the 5% contingency -- is $839,876. Staff also recommends amending the FY 2024-25 budget by increasing appropriations by $288,725 in Account No. 100-70-710-6040.10 (General Fund, Parks and Recreation, Recreation, Contract Services Outside Contracts).

ATTACHMENT(S)

1. Attachment A - California Landscape and Design Construction Contract Agreement No. 4225

AG
REEMENT NO. 4225
C

ITY OF MONTEBELLO

STANDARD PUBLIC WORKS AGREEMENT
T HIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into o n September 11, 2024 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California m unicipal corporation (the “CITY”) and CALIFORNIA LANDSCAPE AND DESIGN , INC., a California corporation (“CONTRACT OR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
W
HEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before August 21, 2024, published on July 25, 2024 for the work on Montebello City Park Baseball Field Refurbishment C.P. No. 928 (“PROJECT”).

W
HEREAS, on September 11, 2024, the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT.

N
OW, THEREFORE, in consideration of the promises and the.

NO
W, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:

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

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

ATTACHMENT A

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

2. Appendices

3. Standard drawings

4. Details

5. Special Provisions, if any

6. Addendums

7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids

SECTION 2. THE WORK

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

SECTION 3. TERM; AND TIME FOR COMPLETION

a. This Agreement shall expi re June 30, 2025 from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional six (6) months upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.

SECTION 4. COMPENSATION

CONTRACTOR hereby agrees to receive and accept the total amount of Seven Hundred Ninety -Nine Thousand Eight Hundred Eighty -Eight Dollars and Fifty Cents ($799,881.50), which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

4.1. Progress Payments

Progress Payments shall be made in accordance with Section 7 the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.5 0. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request.

Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.

4.2. Retention of Funds

Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council of the CITY (“City Council”) , after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY ’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

4.3. Substitution of Securities

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

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

SECTION 5. UNDOCUMENTED WORKERS

CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

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

SECTION 6. NOTICE TO PROCEED

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within Forty-Five (45) Working Days from the commencement thereof.

SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS

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

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

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

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

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

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

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

SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

8.1. CONTRACTOR License.

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

8.2. Ineligible CONTRACTOR Prohibited.

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

8.3. Compliance with SB 854 Registration.

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

8.4. Trench and Pipeline Safety.

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

8.5. Utility Relocation.

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

8.6. Third-Party Claims Notification.

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

8.7. Unfair Business Practices Claims.

The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

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

8.8. Day’s Work.

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

8.9. Payroll Records.

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

8.10. Employment of Apprentices.

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

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

8.11. Records Audit

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

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

SECTION 9. PREVAILING WAGES

a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS.

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS

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

b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY , provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved,

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.

SECTION 11. BONDS

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

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

SECTION 12. INSURANCE REQUIREMENTS

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

b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

SECTION 13. LIQUIDATED DAMAGES

In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CITY.

Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of five hundred dollars $500.00

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

as liquidated damages for each working day of delay in the performance of any service required hereunder.

Failure of the Contractor to complete the Work within the time allowed will result in damage being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, the Contractor shall pay to the City, or have withheld from monies due to it, the sum of $1,000/day.

Execution of the Contract shall constitute agreement by the City and Contractor that $1,000/day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.

SECTION 14. DISPUTE RESOLUTION

14.1. Claims of $375,000 or Less

a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:

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

14.2 Public Contract Code 9204 Claims

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

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

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

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

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

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

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

SECTION 15. TERMINATION.

15.1. Termination for Convenience.

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

15.2 Termination for Default.

If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.

15.3 Waiver of Remedies for any Breach.

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

SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

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

SECTION 17. COMPLIANCE WITH APPLICABLE LAWS

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

SECTION 18. NOTICE OF COMPLETION

Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty -five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

SECTION 19. AUTHORITY

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

SECTION 20. ENTIRE AGREEMENT

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

SECTION 21. ATTORNEY’S FEES AND COSTS

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement , the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.

All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

SECTION 22. INDEPENDENT CONTRACTOR

CONTRACTOR is and shall at all times remain as to the CITY , a wholly independent CONTRACTOR. Neither the CITY , nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY , nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.

SECTION 23. NOTICE

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:

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]

To CONTRACTOR: California Landscape & Design, Inc.

Attn: Joseph M Ciaglia Jr., President
273 N. Benson Avenue
Upland, CA 91786
(909) 949-1601

An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 24. PROHIBITION AGAINST ASSIGNMENT

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

SECTION 25. CUMULATIVE REMEDIES

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

SECTION 26. COUNTERPARTS

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

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

[SIGNATURE PAGE TO FOLLOW]

STANDARD PUBLIC WORKS AGREEMENT NO. 4225

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

CITY OF MONTEBELLO
(“CITY”)

By: ___________________________________
Raul Alvarez, City Manager

Date: _______

ATTEST:

_____________________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM

_______________________________________
Arnold M. Alvarez-Glasman, City Attorney

CALIFORNIA LANDSCAPE & DESIGN ,
INC
(“CONTRACTOR”)

By: ____________________________
Joseph M Ciaglia Jr., President

Date: _______

EXHIBITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Performance Bond
• Exhibit C – Labor and Materials Payment Bond

EXHIBIT “A”

INSURANCE REQUIREMENTS

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

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

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

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

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

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

If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.

2. Automobile Liability.

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

3. Worker's Compensation.

CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that

CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement , CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.

4. Additional Insureds.

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

5. Notice of Cancellation.

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

6. Severability Clause.

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

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

7. Qualifications of Insurer.

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

8. Approval of Insurer.

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

9. Payment of Premiums.

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

10. Evidence of Insurance and Claims.

CONTRACTOR shall provide certificates of insurance to the CITY as evidence of

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

(Use of City Bond Form is Required)

EXHIBIT “B”

PERFORMANCE BOND

PUBLIC WORK
(CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

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

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

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

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

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

Principal

By: __________________________________

Title: ________________________________

Surety

By: __________________________________

Title: ________________________________

Date: ________________________________

Date: ________________________________

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

--OR--

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

State of California )
)
County of ___________________________ )

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

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

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

APPROVED AS TO FORM:

_________________________
City Attorney

(Use of City Bond Form is Required)

EXHIBIT “C”
Labor and Materials Payment Bond

PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB -CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work a greed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Ag reement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's

fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

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

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

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

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

Principal

By: _________________________________

Title: ________________________________

Surety

By: _________________________________

Title: ________________________________

Date: ________________________________

Date: ________________________________

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

--OR--

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

State of California )
)
County of ___________________________ )

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

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-- AND –

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

APPROVED AS TO FORM:

________________________
City Attorney

ITEM # 16

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY:

SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 4113 WITH AVAIL TECHNOLOGIES, INC. FOR COMPUTER-AIDED

DISPATCH/AUTOMATIC VEHICLE LOCATION SYSTEM EQUIPMENT

REPLACEMENT

DATE: September 11, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 4113 with Avail Technologies, Inc. to replace equipment for Montebello Bus Lines’ (MBL) Computer-Aided Dispatch/Automatic Vehicle Location (CAD/AVL) System, and increase the not-to- exceed amount of the agreement to $2,485,118; and

2. Authorize the City Manager and/or his designee to execute Amendment No. 2 on behalf of the City of Montebello; and

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $115,984 in Account No. 202-922-2018-6040.10 (State of Good Repairs, SA, FY 2018-19, Other Contract Services); and,

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

FISCAL IMPACT:

Through Amendment No. 2, Avail Technologies will be compensated a total not-to- exceed amount of Two Million, Four Hundred Eighty-Five Thousand, One-Hundred Eighteen Dollars ($2,485,118) for the entire project including a revised scope of work (SOW) . Funding for this project will be allocated from the Transportation Department’s Fiscal Year 2024-25 operating budget and SB1/STA 18/19 funds. A budget amendment is not needed for the Transit Operations Expense. However, a budget amendment is needed to increase appropriations by $115,984 in SB1/STA FY 2018-19 funds (Account No. 202-922-2018-6040.10 [State of Good Repairs, SA, FY 2018-19, Other Contract

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 11, 2024

Services]).

The total cost for the project, including the revised SOW requested, is as follows:

BACKGROUND/DISCUSSION:

On June 28, 2023, the City awarded Agreement No. 4113 to Avail Technologies to replace Montebello Bus Line's (MBL) existing CAD/AVL System, provide additional functionality, and migrate existing data from the previous CAD/AVL system (Attachment A). On April 24, 2024, the City approved Amendment No. 1 to Agreement No. 4113 (Attachment B), to adjust the original SOW and eliminate the On-Board Transportation Systems’ (ITS) dependency on the City’s Information Technology (IT) infrastructure and internet service. This resulted in a lower contract amount of $2,171,165 -- an amount lower than originally awarded through Agreement No. 4113.

During the assessment and evaluation of MBL’s existing CAD/AVL System, Avail Technologies determined that the existing Automatic Passenger Counter (APC) equipment has exceeded its useful life. In addition, Avail Technologies noted that MBL’s fleet has several transit buses with failed APC hardware which are beyond warranty and support. Under the authority of Agreement No. 4113, staff recommends the City Council consider approving Amendment No. 2 for the replacement of MBLs’ APC equipment to ensure the efficiency and functionality of MBL’s new CAD/AVL System.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends the City Council approve Amendment No. 2 to Agreement No. 4113 with Avail Technologies, attached hereto in substantial form, to replace APC equipment for MBL’s CAD/AVL System (Attachment C), and increase the agreement compensation by $313,953 for a new total not-to-exceed amount of Two Million, Four Hundred Eighty- Five Thousand, One-Hundred Eighteen Dollars ($2,485,118) for the entire project, including the revised SOW; authorize the City Manager and/or his designee to execute Amendment No. 2 on behalf of the City; Amend the Fiscal Year 2024-25 budget by increasing appropriations by $115,984 in Account No. 202-922-2018-6040.10 (State of

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 11, 2024

Good Repairs, SA, FY 2018-19, Other Contract Services) and take such additional, related, action that may be desirable..

ATTACHMENT(S)

1. Attachment A – Agreement No. 4113 with Avail Technologies

2. Attachment B – Amendment No. 1 to Agreement No. 4113

3. Attachment C – Proposed Amendment No. 2 to Agreement No. 4113

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

CITY OF MONTEBELLO

AMENDMENT NO. 2
TO AGREEMENT NO. 4113
WITH AVAIL TECHNOLOGIES, INC.

This Amendment No. 2 to Professional Service Agreement No. 4113 (“Amendment No. 2”) is made and entered into on the 11th day of September 2024 (“Effective Date”), by and between the C ITY OF MONTEBELLO, a California municipal corporation (“CITY”), and AVAIL TECHNOLOGIES, INC., (“CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, CITY and CONTRACTOR are Parties to that certain Contract Agreement No. 4113 to retain a qualified professional CONTRACTOR to replace MBL’s existing Computer -Aided Dispatch/Automatic Vehicle Location (CAD/AVL) system, provide additional functionality, and migrate existing data from previous CAD/AVL system with a n “Effective Date” of June 28 , 2023 (“Agreement”), pursuant to which CITY contracted with CONTRACTOR to provide services as defined in the Agreement; and

WHEREAS, SECTION 25 (“ENTIRE AGREEMENT”) of the Agreement allows for Amendments to the Agreement by writing a writing executed by the Parties; and

WHEREAS, on or about April 24, 2024, the Parties executed Amendment No. 1, to adjust the original scope regarding the On -Board Intelligent Transportation System (ITS); and

WHEREAS, the Parties desire to subsequently amend the scope of work of the Agreement given that the Parties have reached a mutual agreement that multiple adjustments to the original scope regarding the Automatic Passenger Counter hardware, software, configuration, QA, program management (hereinafter, the “Revised Scope of Work”) resulting in an increased compensation amount than originally agreed to in the Agreement; and

WHEREAS, due to the Revised Scope of Work, an amendment to Compensation under the Agreement (as defined below), is also required.

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

AMENDMENT NO. 2 TO AGREEMENT NO. 4113

AMENDMENT

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

SECTION 2 : AMENDMENT TO THE SCOPE OF WORK. Through this Amendment No. 2, the Parties hereto agree to amend the scope of work to the Agreement resulting in an increase compensation as further outlined in Section 3, below.

The Revised Scope of Work is attached hereto as Exhibit “A” and incorporated herein by this reference.

SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 2, the Parties hereto agree to amend the compensation for the purposes of incorporating additional equipment associated with the Revised Scope of Work as follows:

“The agreed- upon compensation for the increased cost of the contract services contemplated in the Agreement and Revised Scope of Work memorialized in Amendment No. 2 shall not exceed Two Million, Four Hundred and Eighty -Five T housand, One Hundred and Eigh teen Dollars ($2, 485,118). Such sum shall include all amounts payable to CONTRACTOR for its subcontracts, leases, materials, and cost arising from the increase of the deliverables originally contemplated in the Agreement.

City shall pay Contractor upon thirty (30) days of receipt of invoice and full acceptance of product and services by the City . Said compensation outlined above, shall cover all authorized expenses arising out of the nature of the Revised Scope of Work (Exhibit “A” to Amendment No. 2).”

SECTION 4: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 2 with respect to the scope of work of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

[End of Amendment No. 2]

[SIGNATURE PAGE TO FOLLOW]

AMENDMENT NO. 2 TO AGREEMENT NO. 4113

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to Agreement No. 4113 to retain a qualified professional CONTRACTOR to replace MBL’s existing Computer -Aided Dispatch/Automatic Vehicle Location (CAD/AVL) system, provide additional functionality, and migrate existing data from previous CAD/AVL system with an Effective Date indicated above.

(“CITY”) (“CONTRACTOR”)

CITY OF MONTEBELLO, a California AVAIL TECHNOLOGIES, INC. municipal corporation

By: By:

Raul Alvarez, City Manager Kevin McKay, Chief Operating Officer

Date: Date:

ATTEST:

By:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

By:

Arnold M. Alvarez-Glasman,
City Attorney

EXHIBITS
• EXHIBIT A – Signed ECP (Revised Scope of Work)

Exhibit “A”
Signed ECP (Revised Scope of Work)

August 23, 2024

Timothy Grensavitch
Transit Operations Manager
Montebello Bus Lines, City of Montebello
400 S. Taylor Ave.

Montebello, CA 90640
E: [email protected]

Re: ECP-2 – IRIS APC Hardware
Dear Mr. Grensavitch,
Thank you for your continued interest in Avail Technologies as your ITS equipment and services provider.

Montebello Bus Lines (MBL) is a valued customer / partner, and we appreciate the opportunity to partner with you to enhance your operational ITS environment. Per your request, Avail has provided pricing information and assumptions to complete the deployment of the onboard ITS solution.

This offer shall remain valid until September 30, 2024. Should you have any questions or would like to discuss these options in more detail, we would be happy to do that. Please feel free to contact Vic Kumar, at (848) 228-9907 or email at [email protected]. We appreciate this opportunity and look forward to speaking with you soon.

Respectfully,

Vic Kumar, PMP
Sr. Program Manager / Systems Engineer

2 1 ENGINEERING CHANGE PROPOSAL (ECP-2)
To Contractor: Avail Technologies, Inc.

Contract Number: 2024-00000200
Amendment Number: # ECP-2
Effective Date of Amendment: 09/01/2024
Contract Date: 09/14/2023
Contract for: On-Board Intelligent Transit Technology System Solution The contract is changed as described in Items 1, 2, 3 , 4, and 5. All Parties agree that all other sections of the original contract will remain in effect.

2 CONTRACT AMOUNT SUMMARY
Original Base Contract: ----------------------------------------------------------------------------- $1,690,134.38 Original Support Contract: ............................................................................................. $608,343.33 Original Contract: ........................................................................................................ $2,298,477.71 ECP #1
Prior Amendment (ECP #1-Base): ----------------------------------------------------------------- ($208,419.75) Prior Amendment (ECP #1-Support): ---------------------------------------------------------------- $81.108.00

Revised Base Contract (ECP #1-Base): ---------------------------------------------------------- $1,481,714.63 Revised Support Contract (ECP #1-Support): ................................................................. $689,451.33 Revised Contract (ECP #1): .......................................................................................... $2,171,165.96

3 ECP #2
Credits for this Amendment: ----------------------------------------------------------------------------------- ($0) Addition for this Amendment (Base): ------------------------------------------------------------ $304,782.46 Addition for this Amendment (Support): ----------------------------------------------------------- $9,168.85 Total #ECP-2 Amount: -------------------------------------------------------------------------------- $313,951.30

Total Amended Base Contract Amount: ------------------------------------------------------- $1,786,497.09 Total Amended Support Contract Amount: ----------------------------------------------------- $698,620.18 Total Amended Contract Amount: -------------------------------------------------------------- $2,485,117.27 3 ITEMIZED CHANGES

4 4 PAYMENT MILESTONES

4.1 CONTRACT (ECP #1)

Item # Expense Category Payment Milestone
Amount
1 Evaluate and assess MBL's CAD/AVL system 49,164.43$
2 Design and develop new CAD/AVL system 110,652.08$
3 Removal and disposal of existing on-board bus CAD/AVL equipment included 4 New CAD/AVL equipment on-board CAD/AVL equipment (all Hardware, Wiring and Components) 465,281.94$
4a New VoIP equipment on-board VoIP equipment (all Hardware, Wiring and Components & system implementation, licensing) 234,302.59$
4b Bus-in-a-Box (BIB) training unit 13,018.92$
5 On-board infotaintment passenger display signs (24") 261,061.50$ 6 Removal and disposal of existing wayside/infrastructure CAD/AVL equipment included 7 New CAD/AVL equipment wayside/infrastructure CAD/AVL equipment (all Hardware, Wiring and Components) 129,937.69$
59,000.00$
59,000.00$
59,000.00$
8a Avail Yard Management Development 49,078.71$
9 Cloud and wayside CAD/AVL hardware and software installation 52,931.06$ 4,761.90$
4,761.90$
4,761.91$
Discount (75,000.00)$
Total Base Project Cost 1,481,714.63$
Training, maintenance, and technical support costs for a period of three (3) years

CAD/AVL
VoIP
On-board infotaintment
Cradle Point
Cellular Data
Total Support (3 years) 689,451.33$
Grand Total (Base + 3 years) 2,171,165.96$
689,451.33$
8 On-Site Installation and Labor for the complete on-board CAD/AVL equipment and display sign The total amount is $177,000 divided into 3 months
10 Shipping & Handling (if Applicable)
The total amount is $14,285.71 divided into 3 months
11

5 4.2 CONTRACT (ECP #2):

Note:
• Item #11: Due upon execution of this ECP #2.
• Item #12: Due upon completion of APC Installs.

Item # Expense Category Payment Milestone
Amount
1 Evaluate and assess MBL's CAD/AVL system 49,164.43$
2 Design and develop new CAD/AVL system 110,652.08$
3 Removal and disposal of existing on-board bus CAD/AVL equipment included 4 New CAD/AVL equipment on-board CAD/AVL equipment (all Hardware, Wiring and Components) 465,281.94$
4a New VoIP equipment on-board VoIP equipment (all Hardware, Wiring and Components & system implementation, licensing) 234,302.59$
4b Bus-in-a-Box (BIB) training unit 13,018.92$
5 On-board infotaintment passenger display signs (24") 261,061.50$ 6 Removal and disposal of existing wayside/infrastructure CAD/AVL equipment included 7 New CAD/AVL equipment wayside/infrastructure CAD/AVL equipment (all Hardware, Wiring and Components) 129,937.69$
59,000.00$
59,000.00$
59,000.00$
8a Avail Yard Management Development 49,078.71$
9 Cloud and wayside CAD/AVL hardware and software installation 52,931.06$ 4,761.90$
4,761.90$
4,761.91$
Discount (75,000.00)$
11 New APC Equipment (all Hardware, Wiring and Components) 285,068.03$ 12 On-Site Installation and Labor for the complete APC Equipment 19,714.43$ Total Base Project Cost 1,786,497.09$
Training, maintenance, and technical support costs for a period of three (3) years

CAD/AVL
VoIP
On-board infotaintment
Cradle Point
Cellular Data
13 Added APC
Total Support (3 years) 698,620.18$
Grand Total (Base + 3 years) 2,485,117.27$
689,451.33$
9,168.85$
8 On-Site Installation and Labor for the complete on-board CAD/AVL equipment and display sign The total amount is $177,000 divided into 3 months
10 Shipping & Handling (if Applicable)
The total amount is $14,285.71 divided into 3 months
12

6 5 DESCRIPTION OF CHANGE

5.1 ITS
APC Hardware
MBL has a number of vehicles with failed or failing Info-Dev APC Hardware. These units are beyond their warranty and support. As such, MBL prefers to update their entire fleet to IRIS Automatic Passenger Counters.

Standalone Cost
Should MBL choose to implement the APC’s separate from the ITS implementation, the overall cost would increase by $94,770.80. The increase is attributed to added labor, travel and installation costs.

6 MAINTENANCE & WARRANTY
The changes listed above include adding and removing support and warranty for reduced quantities and additional features/equipment for the duration of the currently contracted Maintenance and Support (M&S) plan . The effective date for the addition or commencement of Avail support shall start upon completion of the project as stated in the base contract document.

Description Price
APC Equipment (66 & 6 spare) 285,068.03$
Project Implementation & Installation Effort 114,485.23$ 3-year Support & Warranty 9,168.85$
Total Price 408,722.11$
Year 1 - Billed upon Project Completion 232,873.39$
Year 2 232,873.39$
Year 3 232,873.39$
Warranty & Support Subtotal 698,620.18$
Warranty & Support Milestones

7 7 CONTRACT CHANGE ACCEPTANCE
AVAIL: PROPERTY:

AVAIL Technologies, Inc. Montebello Bus Lines

Signature: ______________________________ Signature: ______________________________

Name: Rick Spangler ______________________ Name: ________________________________

Title: Chief Technology Officer ______________ Title: __________________________________

Date: August 23, 2024 ____________________ Date: __________________________________

ITEM # 17
PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-74 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED SEPTEMBER 11, 2024

RESOLUTION NO. 24-74

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS

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

SECTION 1. That the reference is hereby made to that certain Register of Audited Demand No.1579, consisting of 8 pages, and including:

Warrant No.

General: Check No. 604471 through 604628
ACH No. 6974 through 7087
Successor Agency: Check No. 1522 through 1522
On file in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.

SECTION 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.
______________________________
______________________________
______________________________
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED THIS 11th DAY OF SEPTEMBER 2024.
_______________________________
Scarlet Peralta, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez -Glasman, City Attorney

RESOLUTION NO. 24-74

• Exhibit A – Warrant Register

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 th e foregoing Resolution No. 24-74 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 meet ing of said Council held on the 11th day of September 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

EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME
6974 08/22/2024 $1,289.00 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 6975 08/22/2024 $181.01 SUPPLIES 3163 BANK OF AMERICA
6976 08/22/2024 $91.88 SUPPLIES 3163 BANK OF AMERICA
6977 08/22/2024 $1,584.40 SUPPLIES 3163 BANK OF AMERICA 6978 08/22/2024 $1,157.61 SUPPLIES 3163 BANK OF AMERICA 6979 08/22/2024 $46.46 SUPPLIES 3163 BANK OF AMERICA
6980 08/22/2024 $87.20 SUPPLIES 3163 BANK OF AMERICA
6981 08/22/2024 $585.26 FUEL 3163 BANK OF AMERICA
6982 08/22/2024 $2,127.00 SUPPLIES 3163 BANK OF AMERICA 6983 08/22/2024 $306.09 SUPPLIES 3163 BANK OF AMERICA
6984 08/22/2024 $4,044.51 SUPPLIES 3163 BANK OF AMERICA 6985 08/22/2024 $1,008.85 SUPPLIES 3163 BANK OF AMERICA 6986 08/22/2024 $392.45 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 6987 08/22/2024 $1,449.19 TRAINING 3163 BANK OF AMERICA 6988 08/22/2024 $268.39 FUEL 3163 BANK OF AMERICA
6989 08/22/2024 $1,254.34 SUPPLIES 3163 BANK OF AMERICA 6990 08/22/2024 $165.21 SUPPLIES 3163 BANK OF AMERICA
6991 08/22/2024 $1,308.13 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 6992 08/22/2024 $4,802.51 TRAINING 3163 BANK OF AMERICA 6993 08/22/2024 $984.39 SUPPLIES 3163 BANK OF AMERICA
6994 08/22/2024 $2,140.67 TRAVEL & MEETINGS 3163 BANK OF AMERICA 6995 08/22/2024 $501.83 TRAVEL & MEETINGS 3163 BANK OF AMERICA 6996 08/22/2024 $76.50 FUEL 3163 BANK OF AMERICA
6997 08/22/2024 $82.00 SUPPLIES 3163 BANK OF AMERICA
6998 08/22/2024 $1,948.67 FUEL 3163 BANK OF AMERICA
6999 08/22/2024 $338.10 SUPPLIES 3163 BANK OF AMERICA
7000 08/22/2024 $3,366.89 SUPPLIES 3163 BANK OF AMERICA 7001 08/22/2024 $492.02 SUPPLIES 3163 BANK OF AMERICA
7002 08/22/2024 $3,993.24 SUPPLIES 3163 BANK OF AMERICA 7003 08/22/2024 $1,364.18 SUPPLIES 3163 BANK OF AMERICA 7004 08/22/2024 $572.29 SUPPLIES 3163 BANK OF AMERICA
7005 08/22/2024 $1,548.26 SUPPLIES 3163 BANK OF AMERICA 7006 08/22/2024 $1,385.00 GARNISHMENTS PAYABLE 4173 SHIELD PEST MANAGEMENT LLC 7007 08/22/2024 $1,385.00 GARNISHMENTS PAYABLE 4173 SHIELD PEST MANAGEMENT LLC 7008 08/22/2024 $16,560.00 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES General Account
City of Montebello
Register of Demands No. 1579
From Payment Date 08/16/24 - To Payment Date 08/29/24
WARRANT #

EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME
General Account
City of Montebello
Register of Demands No. 1579
From Payment Date 08/16/24 - To Payment Date 08/29/24
WARRANT #
7009 08/22/2024 $2,059.47 UNIFORM EXPENSE 20350 ALLSTAR FIRE EQUIPMENT INC 7010 08/22/2024 $5,158.37 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 7011 08/22/2024 $1,198.47 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 7012 08/22/2024 $40.00 CARPOOL INCENTIVE 289 ANDREA ANDRADE 7013 08/22/2024 $40.00 CARPOOL INCENTIVE 61470 ERIKA L ANDRADE 7014 08/22/2024 $146.37 CONTRACT SERVICES 2345 COMMERCE HOSE & INDUSTRIAL PRODUCTS 7015 08/22/2024 $3,383.97 SUPPLIES 70920 DECALS BY DESIGN INC 7016 08/22/2024 $40.00 CARPOOL INCENTIVE 2572 MARLENE GIL 7017 08/22/2024 $40.00 CARPOOL INCENTIVE 3706 ALEX GILLMAN 7018 08/22/2024 $40.00 CARPOOL INCENTIVE 2533 LAURENCE GONG 7019 08/22/2024 $40.00 CARPOOL INCENTIVE 3123 NEIRA YESSIE GRANADOS 7020 08/22/2024 $11,903.94 CONTRACT SERVICES 1175 GRAPHIC ELECTRIC INC 7021 08/22/2024 $40.00 CARPOOL INCENTIVE 3681 LIZETTE GUERRERO 7022 08/22/2024 $12,178.48 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 7023 08/22/2024 $40.00 CARPOOL INCENTIVE 4280 NADINE HERNANDEZ 7024 08/22/2024 $9,073.99 MACHINERY & EQUIPMENTS 2793 IBE DIGITAL 7025 08/22/2024 $227.78 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 7026 08/22/2024 $258.65 CONTRACT SERVICES 1612 JCL TRAFFIC SERVICES 7027 08/22/2024 $8,259.36 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 7028 08/22/2024 $8,791.92 MACHINERY & EQUIPMENTS 26080 L.N. CURTIS AND SONS 7029 08/22/2024 $40.00 CARPOOL INCENTIVE 4439 DANESSA DANETTE LLANES 7030 08/22/2024 $80.00 CARPOOL INCENTIVE 3893 MICHAEL FRANCO LOPEZ 7031 08/22/2024 $40.00 CARPOOL INCENTIVE 4580 JEREMY MELENDEZ 7032 08/22/2024 $90,611.80 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 7033 08/22/2024 $40.00 CARPOOL INCENTIVE 2203 SAMANTHA NEVAREZ 7034 08/22/2024 $3,487.41 CONTRACT SERVICES 2940 OCEAN BLUE ENVIRONMENTAL SERVICES INC 7035 08/22/2024 $40.00 CARPOOL INCENTIVE 59960 JO ANN PANOSIAN 7036 08/22/2024 $4,105.06 CONTRACT SERVICES 54240 PDQ ENTERPRISES INC 7037 08/22/2024 $40.00 CARPOOL INCENTIVE 4429 ELISEO RAMOS 7038 08/22/2024 $40.00 CARPOOL INCENTIVE 3712 MATTHEW ROBERT RAMOS 7039 08/22/2024 $46.28 SUPPLIES 1120 BLUETRITON BRANDS INC 7040 08/22/2024 $317.24 UNIFORM EXPENSE 2594 THE SAUCE CREATIVE SERVICES CORP 7041 08/22/2024 $40.00 CARPOOL INCENTIVE 69960 NICOLE I SAUCEDO 7042 08/22/2024 $40.00 CARPOOL INCENTIVE 2985 KEVIN SAYCOCIE 7043 08/22/2024 $40.00 CARPOOL INCENTIVE 24280 MARTIN SOLANO 7044 08/22/2024 $30.00 CARPOOL INCENTIVE 3001 MICHAEL SOLORZA

EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME
General Account
City of Montebello
Register of Demands No. 1579
From Payment Date 08/16/24 - To Payment Date 08/29/24
WARRANT #
7045 08/22/2024 $15,438.57 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 7046 08/22/2024 $40.00 CARPOOL INCENTIVE 3053 MICHAEL TELLES 7047 08/22/2024 $40.00 CARPOOL INCENTIVE 1091 JANELLE TORRES 7048 08/22/2024 $40.00 CARPOOL INCENTIVE 4386 NAM TRAN
7049 08/22/2024 $500.00 ADVERTISING/PRINTING SERVICES 6460 TRANSIT TALENT COM 7050 08/22/2024 $6,527.15 SUPPLIES 3088 WAXIES ENTERPRISES LLC 7051 08/22/2024 $654.86 VEHICLE MAINTENANCE/EXPENSES 1657 OSCAR ZAVALAS 7052 08/29/2024 $2,323.87 SUPPLIES 3163 BANK OF AMERICA 7053 08/29/2024 $1,855.29 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 7054 08/29/2024 $5,711.08 TRAINING 3163 BANK OF AMERICA 7055 08/29/2024 $1,208.21 SUPPLIES 3163 BANK OF AMERICA 7056 08/29/2024 $3,207.35 SUPPLIES 3163 BANK OF AMERICA 7057 08/29/2024 $240.37 SUPPLIES 3163 DoNotUse-Bank of America ACH 7058 08/29/2024 $3,248.91 SUPPLIES 3163 BANK OF AMERICA 7059 08/29/2024 $1,600.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 7060 08/29/2024 $3,675.00 CDBG - ADMINISTRATION 38010 ADVANCED AVANT-GARDE CORPORATION 7061 08/29/2024 $91,532.50 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES 7062 08/29/2024 $9,343.21 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 7063 08/29/2024 $939.33 SUPPLIES 62880 AMERICAN MARKER
7064 08/29/2024 $108,553.94 CONTRACT SERVICES 3016 ANTARES GOLF LLC 7065 08/29/2024 $3,235.63 CONTRACT SERVICES 3588 ANTHONYS PORTABLE RESTROOMS INC 7066 08/29/2024 $19,771.54 VEHICLE MAINTENANCE/EXPENSES 1101 BLACK AND WHITE EMERGENCY VEHICLES LLC 7067 08/29/2024 $44,684.15 CONTRACT SERVICES 3130 BLAIS & ASSOCIATES LLC 7068 08/29/2024 $2,889.95 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 7069 08/29/2024 $35,190.43 CONTRACT SERVICES 75950 FIESTA TAXI COOPERATIVE INC 7070 08/29/2024 $1,053.11 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 7071 08/29/2024 $2,582.26 VEHICLE MAINTENANCE/EXPENSES 69140 HUNTINGTON BEACH MOTORSPORTS INC 7072 08/29/2024 $16,346.91 COPIER REPAIR/SERVICES 2793 IBE DIGITAL 7073 08/29/2024 $44,815.40 MACHINERY & EQUIPMENTS 488 INTERBATIONAL BUSINESS MACHINES CORPORATION 7074 08/29/2024 $15,272.34 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 7075 08/29/2024 $22.68 TRAVEL & MEETINGS 2704 JACQUELINE LEON 7076 08/29/2024 $21,912.30 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 7077 08/29/2024 $347.60 CONTRACT SERVICES 3276 MARK ROBERT LOPEZ 7078 08/29/2024 $6,857.80 ADVERTISING/PRINTING SERVICES 4162 MCGREGOR SHOTT, INC. 7079 08/29/2024 $2,184.67 VEHICLE MAINTENANCE/EXPENSES 1385 MUNCIE RECLAMATION AND SUPPLY COMPANY 7080 08/29/2024 $525.60 SUPPLIES 1120 BLUETRITON BRANDS INC

EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME
General Account
City of Montebello
Register of Demands No. 1579
From Payment Date 08/16/24 - To Payment Date 08/29/24
WARRANT #
7081 08/29/2024 $72,710.00 CONTRACT SERVICES 4368 SALDANA LANDSCAPE DESIGN INC 7082 08/29/2024 $931.57 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 7083 08/29/2024 $1,466.71 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 7084 08/29/2024 $1,688.53 DUES & SUBSCRIPTIONS 1644 TRITECH SOFTWARE SYSTEMS 7085 08/29/2024 $28,953.00 CONTRACT SERVICES 4256 VERDANT LANDSCAPING, INC. 7086 08/29/2024 $716.16 SUPPLIES 3088 WAXIES ENTERPRISES LLC 7087 08/29/2024 $208.55 CONTRACT SERVICES 3140 WEX HEALTH INC ACH TOTAL $801,933.62
604471 08/22/2024 $38,362.50 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 604472 08/22/2024 $3,010.00 CONTRACT SERVICES 3633 A TECH CONSULTING INC 604473 08/22/2024 $531.00 PREVENTIVE MAINTENANCE 64600 A TO Z FIRE PROTECTION COMPANY 604474 08/22/2024 $710.02 CONTRACT SERVICES 3533 AA TROPHY INC 604475 08/22/2024 $385.00 MACHINERY & EQUIPMENTS 4156 AFECO, INC 604476 08/22/2024 $1,650.00 VEHICLE MAINTENANCE/EXPENSES 278 ATLAS RADIATOR INC 604477 08/22/2024 $1,190.00 CONTRACT SERVICES 3686 BIG STAR FIRE PROTECTION 604478 08/22/2024 $40.00 CARPOOL INCENTIVE 3980 RICHARD BOUT 604479 08/22/2024 $70.00 POLICE RELATED FEES 4702 TAREK BSHESH 604480 08/22/2024 $2,770.00 GARNISHMENTS PAYABLE 71070 STATE OF CALIF - EMPLOYMENT DEVELOPMENT DEPT 604481 08/22/2024 $25.00 TRAINING 4685 CITY OF COLTON
604482 08/22/2024 $28,000.00 CONTRACT SERVICES 3417 CITY OF SANTA FE SPRINGS 604483 08/22/2024 $6,105.75 CONTRACT SERVICES 4291 COMMUNITY WORKS DESIGN GROUP LLC 604484 08/22/2024 $3,208.48 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 604485 08/22/2024 $1,590.92 VEHICLE MAINTENANCE/EXPENSES 990 DANIELS TIRE SERVICE 604486 08/22/2024 $4,231.04 OTHER GROUP INSURANCE PAYABLE 4110 DELTA DENTAL OF CALIFORNIA 604487 08/22/2024 $6,948.78 CONTRACT SERVICES 3334 EAGLE PORTABLES SANITATION LLC 604488 08/22/2024 $2,026.00 TRAINING 3392 EL CAMINO COLLEGE 604489 08/22/2024 $250.00 GENERAL GOVERNMENT 3935 SABRINA FRIAS 604490 08/22/2024 $95.00 GENERAL GOVERNMENT 4707 KRYSTA GALAVIZ 604491 08/22/2024 $436.99 UNIFORM EXPENSE 55650 GALLS LLC 604492 08/22/2024 $844.19 CONTRACT SERVICES 4365 ANDREW ARTHUR GARCIA 604493 08/22/2024 $1,484.15 CONTRACT SERVICES 4694 CRISTINA GARCIA 604494 08/22/2024 $2,457.17 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 604495 08/22/2024 $68.00 PARKS AND RECREATION 4692 HUMBERTO GOMEZ 604496 08/22/2024 $68.00 PARKS AND RECREATION 4706 PRISCILLA GONZALEZ 604497 08/22/2024 $5,500.00 MACHINERY & EQUIPMENTS 4465 GRAFFITI TRACKER INC

EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME
General Account
City of Montebello
Register of Demands No. 1579
From Payment Date 08/16/24 - To Payment Date 08/29/24
WARRANT #
604498 08/22/2024 $825.00 CONTRACT SERVICES 3846 GREGORY A MILES 604499 08/22/2024 $1,725.26 SUPPLIES 2059 HASA INC
604500 08/22/2024 $70.00 POLICE RELATED FEES 4698 MARIA HERNANDEZ 604501 08/22/2024 $1,000.00 CONTRACT SERVICES 4581 INCOMPLI INC 604502 08/22/2024 $1,190.76 VEHICLE MAINTENANCE/EXPENSES 27480 R & M HANSEN ENT INC 604503 08/22/2024 $10,500.00 CONTRACT SERVICES 2942 JAIROS PLUMBING INC 604504 08/22/2024 $135.00 DONATIONS 4705 KELLY KENNON
604505 08/22/2024 $1,349.25 DUES & SUBSCRIPTIONS 26920 LEAGUE OF CALIFORNIA CITIES 604506 08/22/2024 $300.00 DUES & SUBSCRIPTIONS 56630 LACPCA 604507 08/22/2024 $286.13 SUPPLIES 1806 MAXIM MATTRESS
604508 08/22/2024 $426.18 TRAVEL & MEETINGS 2316 SALVADOR MELENDEZ 604509 08/22/2024 $40.00 CARPOOL INCENTIVE 60300 NICOLE MOOSHAGIAN 604510 08/22/2024 $60.00 PARKS AND RECREATION 4691 ELDA MORA 604511 08/22/2024 $55.00 GENERAL GOVERNMENT 4689 DANIEL MUNOZ 604512 08/22/2024 $1,302.29 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 604513 08/22/2024 $9,839.30 VEHICLE MAINTENANCE/EXPENSES 1625 NATIONWIDE TRANSIT SALES INC 604514 08/22/2024 $70.00 POLICE RELATED FEES 4699 VICTORIANO NUNEZ 604515 08/22/2024 $5,371.00 CONTRACT SERVICES 2977 ONE STOP TINT SHOP 604516 08/22/2024 $250.00 GENERAL GOVERNMENT 4688 LUIS ORELLANA 604517 08/22/2024 $850.00 CONTRACT SERVICES 4289 PR SHANGRI LODGE, LLC 604518 08/22/2024 $70.00 POLICE RELATED FEES 4700 PRIME MEDICAL 604519 08/22/2024 $5,390.56 BUILDING IMPROVEMENTS 3985 PRO CERAMIC TILE 604520 08/22/2024 $259.76 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 604521 08/22/2024 $1,000.00 MAIL/ POSTAL EXPENSE 697 QUADIENT FINANCE USA INC 604522 08/22/2024 $25.00 PARKS AND RECREATION 4690 RUCHELLE QUINTERO 604523 08/22/2024 $40.00 CARPOOL INCENTIVE 4632 ATHEA ROBERTS 604524 08/22/2024 $7,263.03 VEHICLE MAINTENANCE/EXPENSES 3095 RUSH TRUCK CENTERS OF CALIFORNIA INC 604525 08/22/2024 $421.00 TRAINING 43150 SAN BERNADINO COUNTY SHERIFF'S DEPARTMENT 604526 08/22/2024 $0.00 VOID 15180 SCS FIELD SERVICES
604527 08/22/2024 $43,158.00 CONTRACT SERVICES 3583 SHOCKWAVE ELECTRIC INC 604528 08/22/2024 $70.00 POLICE RELATED FEES 4701 CLAUDIA SOLIS 604529 08/22/2024 $14,750.00 MACHINERY & EQUIPMENTS 4551 SOUNDTHINKING INC 604530 08/22/2024 $803.59 VEHICLE MAINTENANCE/EXPENSES 716 SOUTH BAY FORD INC 604531 08/22/2024 $1,087.66 CONTRACT SERVICES 3397 STERICYCLE INC 604532 08/22/2024 $140.00 POLICE RELATED FEES 4703 FRANCOIS TABBAKH 604533 08/22/2024 $16,168.96 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC

EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME
General Account
City of Montebello
Register of Demands No. 1579
From Payment Date 08/16/24 - To Payment Date 08/29/24
WARRANT #
604534 08/22/2024 $2,600.00 CONTRACT SERVICES 3219 THE LUCKY LINCOLN LLC 604535 08/22/2024 $1,356.59 SUPPLIES 3110 TOMAS ALVARADO 604536 08/22/2024 $30,568.00 MACHINERY & EQUIPMENTS 49910 TRANSTRACK SYSTEMS LLC 604537 08/22/2024 $12,096.00 CONTRACT SERVICES 1166 TURF TEAM INC 604538 08/22/2024 $118,290.59 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 604539 08/22/2024 $133.00 SUPPLIES 4704 DONOVAN VALTIERRA 604540 08/22/2024 $68.00 PARKS AND RECREATION 4693 FAUSTINO VARGAS 604541 08/22/2024 $250.00 GENERAL GOVERNMENT 4709 JOSEFINA VARGAS 604542 08/22/2024 $653.83 VEHICLE MAINTENANCE/EXPENSES 2701 VARGAS DIESEL INC 604543 08/22/2024 $250.00 GENERAL GOVERNMENT 4711 MONICA VELASCO 604544 08/22/2024 $175.00 CONTRACT SERVICES 4131 ANTONIO VIDRIO 604545 08/22/2024 $6,855.81 RETIREMENT 58990 VISION SERVICE PLAN 604546 08/22/2024 $1,620.68 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 604547 08/22/2024 $92,106.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 604548 08/22/2024 $21,900.00 CONTRACT SERVICES 2857 WOLVERINE FENCE COMPANY INC 604549 08/22/2024 $91,992.65 CONTRACT SERVICES 3731 YUNEX LLC 604550 08/22/2024 $303.82 UTILITY SERVICES 39550 AT&T
604551 08/22/2024 $627.38 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 604552 08/22/2024 $119.94 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 604553 08/22/2024 $25.13 UTILITY SERVICES 36610 CITY OF PICO RIVERA 604554 08/22/2024 $3,658.97 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 604555 08/22/2024 $10,580.89 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 604556 08/22/2024 $5,858.35 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 604557 08/22/2024 $2,224.33 UTILITY SERVICES 72570 US TELEPACIFIC CORP 604558 08/29/2024 $1,422.33 CONTRACT SERVICES 1674 1st JON INC 604559 08/29/2024 $14,047.00 CONTRACT SERVICES 3633 A TECH CONSULTING INC 604560 08/29/2024 $642.36 UTILITY SERVICES 1732 AT&T CORP 604561 08/29/2024 $2,250.79 UTILITY SERVICES 38380 AT&T 604562 08/29/2024 $7,274.39 UTILITY SERVICES 39550 AT&T 604563 08/29/2024 $60.97 UTILITY SERVICES 39550 AT&T
604564 08/29/2024 $39,469.50 CONTRACT SERVICES 2589 AXON ENTERPRISE INC 604565 08/29/2024 $150.00 PARKS AND RECREATION 4718 KARINA BECERRIL 604566 08/29/2024 $675.00 CONTRACT SERVICES 28120 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 604567 08/29/2024 $343.00 PUBLIC SAFETY 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE 604568 08/29/2024 $1,990.00 VEHICLE MAINTENANCE/EXPENSES 4484 JOSE CAMACHO 604569 08/29/2024 $883.50 CONTRACT SERVICES 40850 MARIA E CASAS

EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME
General Account
City of Montebello
Register of Demands No. 1579
From Payment Date 08/16/24 - To Payment Date 08/29/24
WARRANT #
604570 08/29/2024 $381.18 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 604571 08/29/2024 $38,500.00 MACHINERY & EQUIPMENTS 4181 CLOUDIAN, INC. 604572 08/29/2024 $1,725.00 DUES & SUBSCRIPTIONS 24490 COPWARE INC 604573 08/29/2024 $688.00 MACHINERY & EQUIPMENTS 4174 COSTAR REALTY INFORMATION INC 604574 08/29/2024 $600.00 CONTRACT SERVICES 4142 CARLOS ALEXANDRO DIAZ DIAZ 604575 08/29/2024 $295.00 CONTRACT SERVICES 3324 HARRY FARRAR 604576 08/29/2024 $472.13 SUPPLIES 22400 FEDERAL EXPRESS CORPORATION 604577 08/29/2024 $70.00 PARKS AND RECREATION 2733 CRISTAL FUENTES 604578 08/29/2024 $4,741.91 CONTRACT SERVICES 4694 CRISTINA GARCIA 604579 08/29/2024 $250.00 GENERAL GOVERNMENT 4719 ARMANDO GUZMAN 604580 08/29/2024 $1,222.72 SUPPLIES 2059 HASA INC
604581 08/29/2024 $105.54 VEHICLE MAINTENANCE/EXPENSES 27480 R & M HANSEN ENT INC 604582 08/29/2024 $571.92 CONTRACT SERVICES 1357 IRON MOUNTAIN INC 604583 08/29/2024 $4,864.75 MACHINERY & EQUIPMENTS 2405 JCB FINANCE 604584 08/29/2024 $6,800.00 CONTRACT SERVICES 3480 JEFFREY ALAN TRAVIS 604585 08/29/2024 $848.00 CONTRACT SERVICES 4198 KIDS ENJOY EXCERCISE NOW KEEN LOS ANGELES LCC 604586 08/29/2024 $227.02 SUPPLIES 4326 KLINGSPOR ABRASIVES INC 604587 08/29/2024 $4,701.42 CONTRACT SERVICES 8130 RICHARD D JONES A PROFESSIONAL LAW CORP 604588 08/29/2024 $36.00 DUES & SUBSCRIPTIONS 9200 LOS ANGELES COUNTY ASSESSOR OFFICE 604589 08/29/2024 $2,325.49 CONTRACT SERVICES 4810 LA COUNTY DEPARTMENT OF PUBLIC WORKS 604590 08/29/2024 $75.00 PERMITS AND FEES 58760 COUNTY OF LOS ANGELES 604591 08/29/2024 $75.00 PERMITS AND FEES 58760 COUNTY OF LOS ANGELES 604592 08/29/2024 $140.00 PARKS AND RECREATION 4721 TERESA MARTINEZ 604593 08/29/2024 $825.00 CONTRACT SERVICES 3819 MASTER KEY INVESTMENTS 604594 08/29/2024 $132.00 TRAVEL & MEETINGS 4714 BRENDA MEDRANO 604595 08/29/2024 $74.58 VEHICLE MAINTENANCE/EXPENSES 1461 MODEL 1 COMMERCIAL VEHICLES INC 604596 08/29/2024 $120.34 TRAVEL & MEETINGS 4023 DENISE MONTANEZ 604597 08/29/2024 $375.00 SUPPLIES 800 MONTEBELLO HISTORICAL SOCIETY 604598 08/29/2024 $450.00 CONTRACT SERVICES 4715 ERENDIRA MORA 604599 08/29/2024 $5,600.00 CONTRACT SERVICES 3569 MYNP COM NURSING CORPORATION 604600 08/29/2024 $652.79 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 604601 08/29/2024 $912.95 CONTRACT SERVICES 41180 MANUEL NUNEZ 604602 08/29/2024 $88.07 SUPPLIES 15620 OFFICE DEPOT INC 604603 08/29/2024 $3,300.00 CONTRACT SERVICES 3896 ROBERT J ORTIZ 604604 08/29/2024 $185.00 GENERAL GOVERNMENT 4723 VINCENT PACHECO 604605 08/29/2024 $3,772.88 CONTRACT SERVICES 1597 PACIFIC COAST ELEVATOR CORPORATION

EXHIBIT A
DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME
General Account
City of Montebello
Register of Demands No. 1579
From Payment Date 08/16/24 - To Payment Date 08/29/24
WARRANT #
604606 08/29/2024 $5,204.33 CONTRACT SERVICES 3279 PROCURE AMERICA LLC 604607 08/29/2024 $350.00 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 604608 08/29/2024 $5,544.00 CONTRACT SERVICES 42750 PSYCHOLOGICAL CONSULTING ASSOC., INC. 604609 08/29/2024 $3,317.71 VEHICLE MAINTENANCE/EXPENSES 3095 RUSH TRUCK CENTERS OF CALIFORNIA INC 604610 08/29/2024 $80,238.82 CONTRACT SERVICES 3293 SAN GABRIEL VALLEY REGIONAL HOUSING TRUST 604611 08/29/2024 $9,656.95 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 604612 08/29/2024 $9,284.49 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 604613 08/29/2024 $229.00 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 604614 08/29/2024 $1,611.00 MACHINERY & EQUIPMENTS 8460 SOUTHLAND ALARM INC 604615 08/29/2024 $12,698.45 UTILITY SERVICES 526 T-MOBILE USA INC 604616 08/29/2024 $7,259.92 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 604617 08/29/2024 $1,175.00 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 604618 08/29/2024 $2,000.00 CONTRACT SERVICES 3219 THE LUCKY LINCOLN LLC 604619 08/29/2024 $4,850.00 CONTRACT SERVICES 3779 THE ROLLING THRONE LLC 604620 08/29/2024 $14,440.00 CONTRACT SERVICES 1639 TRANSTECH ENGINEERS INC 604621 08/29/2024 $98,846.28 CONTRACT SERVICES 1188 TYLER TECHNOLOGIES INC 604622 08/29/2024 $22,231.28 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 604623 08/29/2024 $250.00 GENERAL GOVERNMENT 4722 DIANA VASCO 604624 08/29/2024 $798.51 UTILITY SERVICES 23610 VERIZON WIRELESS 604625 08/29/2024 $523.60 CONTRACT SERVICES 3662 YOUTH EVOLUTION ACTIVITIES 604626 08/29/2024 $95.00 GENERAL GOVERNMENT 4720 SANDRA ZAMBRANO 604627 08/29/2024 $101.30 MISCELLANEOUS EXPENSE 4726 MARISSA GATES 604628 08/29/2024 $1,400.00 CONTRACT SERVICES 41130 MIHM INC CHECK TOTAL $1,080,184.85
1522 08/22/2024 $2,255.00 CONTRACT SERVICES 15180 SCS FIELD SERVICES CHECK TOTAL $2,255.00
GRAND TOTAL $1,884,373.47
Successor Agency

EXHIBIT

CITY OF MONTEBELLO FORECASTED AGENDA
NOTE: The attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.

Item # Description Session Department Presenter
Citizen of the Month - Frank Salomone Presentation Public Affairs David S.

Introduction and First Reading of Ordinance No. XXXX -
Amending Chapter 8.40 of the Montebello Municipal Code
to modify the regulations to the registration and
maintenance of vacant and abandoned commercial,
industrial, and residential properties as well as establish a monitoring program to ensure compliance with established rules and regulations. Public Hearing Planning Joe P.

Adopt Resolution No. 24-71 Amending the Conflict of
Interest Code to revise designated positions who are
required to file periodic statements Consent Admin Kimberly G.

Request for Proposal for Citywide Janitorial Services Consent Public Works Cesar R.

Award Construction Contract for Dog Park at Acuna Park – CP 922 Consent Public Works Cesar R.

Award Construction Contract for Rio Hondo Access
Improvement Project – CP 924 Consent Public Works Cesar R.

Award Construction Contract for Senior Center
Rehabilitation – CP 925 Consent Public Works Cesar R.

Authorization to Issue a Request for Proposal (RFP) to Solicit Grant Writing Services for Multiple City Departments Consent Fire Chief Pelaez/Angelica Authorization to Issue a Request for Proposal (RFP) for a Prop 64 Grant Project Evaluator Consent Fire Chief Pelaez/Angelica Minutes Consent. Admin Kimberly G.

Reso No. ___ Warrant Register Consent. Finance Michael S.

City Council Forecasted Agenda Calendar - September
September 25th - City Council Meeting
Updated