Montebello City Council
November 13, 2024

PROFESSIONAL SERVICES AGREEMENT NO. 4245

payments with other agencies shall be directly with the CONTRACTOR. CONTRACTOR acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONTRACTOR with the governmental agency. This provision in no way guaranteed that the CONTRACTOR will agree to enter into a contract with a governmental agency pursuant to this Section.

[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4245

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

(“CITY”) (“CONTRACTOR”)

CITY OF MONTEBELLO VERDE FACILITIES SERVICES

Raul Alvarez, City Manager Paul Sarzoza, CEO

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Contractor’s Proposal
• Exhibit B – Schedule of Compensation
• Exhibit C – Live Scan Fingerprinting Requirement

Exhibit “A”

CONTRACTOR’S PROPOSAL

Prepared by Verde for the City of Montebello

1 SUBMITTED BY:

Areli Barlow
Business Development Manager
[email protected]
(602) 919-6582
12112 Park Street
Cerritos, CA 90703
www.verdeclean.com

October 28, 2024
RFP #25-04
Citywide Custodial Services
Prepared by Verde for
the City of Montebello

Prepared by Verde for the City of Montebello

2 TABLE OF CONTENTS

1. Letter of Interest …………………………………………………………………………... 3

2. Project Understanding and Approach ……………………………………………………... 5

3. Relevant Experience ……………………………………………………………………… 18

4. Proposed Scope of Services ………………………………………………………………. 25

5. Conflict of Interest Statement …………………………………………………………….. 29

6. Cost Proposal ……………………………………………………………………………... 30

Prepared by Verde for the City of Montebello

3 1. Letter of Interest

Please include a letter expressing your interest in being considered for the project. Include a statement regarding the vendor's availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the vendor and all key project staff during the planning period and a proposed schedule designed to meet the City's needs for the project.

To the City of Montebello,

On behalf of us all at Verde, I’m writing to say how enthusiastic we are about the opportunity to service the City of Montebello. Thank you for considering Verde for this project. We are available to dedicate the time, personnel, and resources to provide the City with comprehensive, best-in-class, citywide custodial services. Our key project staff are available to dedicate their time and attention during the planning period. Included please find a proposed schedule designed to meet the City’s custodial needs.

Verde is a minority-owned, eco-friendly facilities services company with a mission to provide clean and healthy spaces where people work, learn, and play. Our 100% eco-friendly cleaning program, called Verde Earth, is Green Seal certified, and the Environmental Protection Agency named Verde a 2024 Safer Choice Partner of the Year. In every space—from your parks and senior citizen center to your police department and City Hall—Verde has you covered. Thanks to livable wages, robust benefits, and a culture of respect, we have a proven record of hiring and retaining exceptional janitorial staff in Southern California, and we have expertise in governmental, high-security, and public facilities across complex, multiple sites.

Most of our people—from frontline staff to managers and executives—belong to minority groups. Verde is a true certified Minority Business Enterprise, or MBE. We are minority-owned and operated, and we have Latino and women executive leadership. In 2022, Verde was recognized by the National Minority Supplier Development Council (NMSDC) as one of the 50 fastest growing minority-owned businesses in the United States. That means that 100% of the City’s spends with Verde are applicable toward eligible state and/or federal supplier diversity tax credits. Now that’s what we call a win-win!

We look forward to presenting our proposal and answering any questions you may have.

Sincerely,
Areli Barlow
Business Development Manager
[email protected]
(602) 919-6582
12112 Park Street
Cerritos, CA 90703

Prepared by Verde for the City of Montebello

4 Executive Summary

Verde is ideally positioned to support the City of Montebello’s citywide custodial needs for this specific bid and scope of work. Verde’s many benefits include expertise in government, public, and high-security facilities, a strong local presence, minority status, a proven record of hiring and retaining janitorial staff in California, and eco-friendly cleaning products and processes.

Summary of benefits include:

• Verde’s government, public, and high-security facilities expertise includes providing green cleaning services to the City of Palm Springs, County of Los Angeles, County of San Diego, State of Colorado, Arizona State University, National Renewal Energy Laboratory, and Agua Fria High School District, among others.

• We have a strong regional management team in Southern California, with our regional director’s Cerritos office located approximately 25 minutes from your Department of Public Works office. We also have executive leadership in Arizona for convenient transition support, quality management, emergencies, and ongoing relationship building.

• Verde’s California management team has a successful history of recruiting, hiring, training, and retaining janitorial staff in the state of California.

• Verde has a proven track record of effectively managing large and diverse portfolios that expand sizable geographic areas across multiple buildings. In fact, Verde was even mentioned by the President of the United States during his visit to Verde’s largest customer (6+ million cleanable square feet) and later got a personal invite to the White House to see the 2023 State of the Union Address. Check it out:
https://www.verdeclean.com/news!

• Verde has a comprehensive green cleaning program that is 100% eco-friendly and Green Seal (GS-42) certified. Designed to improve indoor air quality and reduce our impact on the environment and on the people who use your spaces, the EPA recently named Verde a 2024 Safer Choice Partner of the Year.

• Verde is a true minority-owned and operated company with Latino and women executive leadership. As a certified minority business enterprise, 100% of Montebello’s spends with Verde are applicable toward eligible state and/or federal supplier diversity tax credits.

• Verde will provide a stress-free weekly report regarding our performance data. It includes audit results, work orders, safety stats, upcoming projects, customer feedback, diversion (if applicable), among any site requests. Whether you have a chance to look at it or not, just know, Verde’s got you covered.

Prepared by Verde for the City of Montebello

5 2. Project Understanding and Approach
Please include a statement demonstrating your understanding of the proposed project.

Describe your general approach to completing the project successfully, methodologies and technologies you would employ, key milestones and processes you would employ. Describe what information you would expect the City to supply.

Understanding of the Proposed Project

Verde understands the City of Montebello’s needs for citywide custodial services as outlined in this detailed RFP. For this 3-year agreement, with up to two 1-year extension options, you are looking for a partner with experience providing custodial services to government and high- security areas and who can manage cleaning services for multiple facilities. We are confident that Verde has the experience and expertise to serve in that role.

We have no additional information to request from the City. Everything is outlined in detail in the RFP and addendums.

Verde’s Approach for the City of Montebello

Verde’s approach to providing Citywide Custodial Services for Montebello is to self-perform all services. We designed our comprehensive solution to successfully meet the specific needs of the City while adhering to industry standards and best practices. We can provide our green cleaning methodologies, supplies and equipment at no extra cost. They are all designed to be eco-friendly and aligned with 3rd party green standards for improved indoor air quality. Verde is aware the City will provide the cleaning chemicals and will abide the City’s preference.

• Assessment and Planning: The first step in our approach is to conduct a thorough assessment of the City’s locations, including a review of existing cleaning protocols, schedules, and equipment. This information will be used to develop a customized green cleaning plan that addresses the unique needs of each location.

Prepared by Verde for the City of Montebello

6 • Hiring & Staffing: Verde will provide a team of highly trained and experienced custodial staff who are dedicated to providing
quality services to the City. Hiring practices
are founded on diversity, equity, and inclusion,
without discrimination on any basis. We will
do our best to retain as many incumbent staff
as possible. If we are unable to utilize
referrals, Verde will use traditional recruiting
techniques including advertisements, job fairs,
work with local community and church service
organizations, and/or utilize industry
connections.

• Onboarding & Background Checks: Drug
tests and background screenings will be
completed by ADP, which may include
criminal background history, including state records and a Department of Homeland Security EVP review. Verde also uses Employment Eligibility Verification Form I-9 to verify the identity and employment authorization of individuals hired in the United States.

• Once an employee is hired, they become a part of the Verde Vibes Crew! They receive eco-friendly reusable canvas bag full of fun swag to remind our crew members to live and work sustainably—a recycled notebook, Verde Vibes shirt, reusable water bottle, Sasquatch key chain, and even stickers for their water bottles, notebooks, or kids.

Prepared by Verde for the City of Montebello

7 Verde will provide and ensure appropriate Personal Protective Equipment (PPE), badging, and uniform shirts.

• We will provide collared uniform shirts with Verde company logo. • Employees are to wear black or khaki pants and a black belt. • Non-slip shoes that cover the entire foot.

Verde understands the importance of wearing a clean uniform that creates a cohesive and professional image, projecting a unified front to clients and customers, thereby enhancing the company’s overall brand and reputation.

• Awards & Recognition: Turnover impacts quality, consistency, and overall satisfaction of our employees and clients. We pay competitive market value and treat crew members with dignity. We hold events for safety milestones, on-time completion projects, exceeding KPI goals, growth, individual accomplishments, and living corporate values.

Other employee programs include: holiday parties, teambuilding events, culture pot lucks, safety bingo, and KPI games, and more.

Verde shirts
are tucked in
PPE includes
safety glasses and
gloves

Proper badge
/ ID showing
at all times
Khaki or black
pants with
plain black belt

Closed toed, flat,
non-slip shoes;
Steel-toed safety
shoes if required

Prepared by Verde for the City of Montebello

8 Manager Teambuilding Paintball Activity Verde Vibes Crew Appreciation Party

Happy employees do better work, and we offer competitive wages, robust benefits, and a fun, giving, culture of respect:

• Daily Huddle: Daily Huddles (our pass down) are in person to the extent possible and can be managed virtually for multi-site. Having time to meet together as a team before the start of every shift is an important part of creating accountability, team comradery, and alignment. Supervisors set the tone for the shift with a safety chat, open work orders, priorities, upcoming events, awards and recognition, and coverage or route adjustments that might be needed. At the end of the shift, outstanding items are passed down to the next crew to ensure no gaps in service.

• Safety: Verde Vibes Crew Members practice safety at work as a core value and personal responsibility. Our safety program includes the following activities:

Prepared by Verde for the City of Montebello

9 ▪ OSHA required trainings start during New Hire Orientation, then calendared throughout the year, signed off by the employee in real-time, and audited for compliance.
▪ We provide daily safety chats, perform stretch and flex, and ensure appropriate Personal Protective Equipment (PPE) at the beginning of each shift huddle. ▪ Training and access to Material Safety Data
Sheets (MSDS) for all cleaning chemicals are
available to all cleaners and are accessed via QR
code that is behind their badge and in every
janitorial closet.
▪ As part of that safety culture, it is our policy to
strictly report all OSHA recordable incidents.

Falsification, misrepresentation, and fraudulent
reporting is not tolerated.

We are proud to report that Verde has a 0.32 OSHA recordable rate.

Training

Initial orientation, on-the-job training, trainer validation, and certification for all positions and onsite equipment will be conducted by our Southern California Regional Director, Kirk Richards and Area Manager, Raul Delgadillo.

New Crew Orientation Training includes a variety of mediums including videos, presentation decks, and interactive demonstrations. Trainings tracks vary by position. For example, a Custodial Technician has 8 basic categories for training that include:

• Welcome New Verde Vibes Crew: Mission, Vision, & Values • Verde Earth: Green Cleaning SOPs
• Safety Orientation / PPE Training
• Sexual Harassment Prevention Training
• Customer Service the Verde Vibes Way
• Clock In / Out, Scheduling, & Routes
• Site logistics and site-specific SOPs
• Quality Management & Auditing Process

Our Verde Earth training covers green cleaning and cross-contamination prevention basics as it relates to trashing, recycling, composting, dusting, vacuuming, restroom cleaning, and so forth.

Other detailed courses include a breakdown of safety topics including OSHA Bloodborne pathogens, Slip & Fall Prevention, and Proper Protective Equipment.

Prepared by Verde for the City of Montebello

10 Ongoing Training

As part of our culture of continuous improvement, we offer ongoing e-learning courses through BetcoU (https://www.betco.com/resources/betco-u-training/), for in-person and continuing in- service training, throughout the year. See library below available in English and Spanish:

Once a new Verde Vibes crew member is trained and certified to perform their assigned job function, ongoing training and regularly scheduled behavioral and quality audits are conducted by management to ensure ongoing compliance.

Training courses and certification logs are tracked and kept onsite for customer verification

New Crew
Orientation
On the Job
Training
Trainer
Validation Certification
Quality &
Behavioral
Audits
Ongoing Training

Prepared by Verde for the City of Montebello

11 Transition Plan
Transitions can be stressful, but they don’t have to be. At Verde, we plan, prepare, and provide proactive communication and validation so that you have 300+ less things to stress about!

Ready, Set, Go Verde!

As soon as Verde is awarded a contract, we go right to work. A few key activities include:
- Hire the team (see hiring, training, and retention section) - Conduct risk assessment and baseline audits
- Create work routes based on scope and KPIs
- Order equipment
- Order supplies
- Finalize waste hauling contract
- Review building security procedures
- Prepare MSDS and log all site chemicals and equipment - Conduct orientation and initial training

Below is a screenshot directly from our Microsoft Teams transition (sample) template. Items will be added in, taken out, and slightly modified based on the City’s scope of work. Deadlines auto- populate once a Go Live date is determined. To schedule a meeting, to view the full tracker and actual boards from current and recently closed out transitions, please email Areli Barlow at [email protected]

TRANSITION TRACKER
30 0
THINGS
30 DAYS
TO DO in+
Estimated
Jan 1st
Go Live
Date!

Prepared by Verde for the City of Montebello

12 Once a mutually agreeable contract is signed, Verde starts the clock for Go Live, typically 30- days from the first day our Transition team is allowed onsite. We have more than 300 things that we complete in 30 days in order to be ready for our Go Live date. All 300 items are tracked in Microsoft Teams and managed by our Transition Director, Jonathan Coloma. Items are assigned to team members with due dates and reviewed on daily transition calls.

View below example for Gantt chart of key activities.

JUNE 27 Jan 29 FEB 05 FEB 12 FEB 19 FEB 26 March 1 MAR 05 MAR 12 MAR 19

I: AWARD
City of Montebello
Week 1 Week 2 Week 3 Week 4 Week 5 Go Live Week 6 Week 7 Week 18 Contract
Award
Contract
Negotiations

II: PRE-TRANSITION ACTIVITIES (key items shown here; not a full list) Transition
Tracker

Weekly
Report

Baseline
Audits

Risk
Assessment

Hiring
+ Background

Order
Equipment

Order
Supplies

NHO + Safety
Training

Montebello
Orientation

Create
Routes

III: GO LIVE + 30 DAYS (key items shown here; not a full list) Revise
Workflows

Behavioral
Audits Quality +
Safety

Daily
Safety Chats

Joint
Audits

IV: VALIDATION
Post Transition
Audit & Survey

Transition
Review

Prepared by Verde for the City of Montebello

13 Meet the Transition Team

Key milestones with preliminary dates including:

• Finalize KPI expectations with performance guarantees and bonuses • Sign and fully execute contract
• Customize Transition Tracker in Microsoft Teams to City requirements and timeline • Hold Transition Kick-Off meeting and introduce Verde Transition Team to the City • Transition Team arrives onsite to profile buildings
• Put up flyers in janitorial closets for recruiting of incumbent staff • Host Verde Meet & Greet for incumbent staff
• Host recruiting & hiring activities
• Create and/or revise work schedules
• Host New Hire Orientation (NEO) with job logistics, custodial training, and safety education
• Complete fingerprinting & badging process
• Order supplies and equipment, as needed
• Send weekly customer reports
• Conduct transition audits and customer post-transition survey • Lead transition review with customer

Prepared by Verde for the City of Montebello

14 Quality Control Process and Procedures:

• All employees will receive training on proper cleaning techniques, use of cleaning equipment and supplies, health and safety policies, and green cleaning practices. • Cleaning schedules will be established and reviewed regularly to ensure that all areas are cleaned in a timely manner. Cleaning schedules are posted in custodial closets and printed on job cards located on all cleaning carts.
• Employees will be required to wear appropriate Personal Protective Equipment (PPE) while performing cleaning duties.
• Eco-friendly and non-toxic cleaning products will be used wherever possible to reduce the environmental impact of custodial services as outline within our Verde Earth Green Cleaning SOPs, available as a confidential document upon request.

Below is a Quality Control Plan (QPC) schedule and example of how QCP management tasks are assigned to relevant Key Personnel. This is reviewed and adjusted according to the client expectations during our initial account assessment and individual names and dates are assigned to each activity:

Auditing Activity Auditor Qualifications &
Training
Frequency Methodology,
Forms, and
Documentation

Building
Cleanliness

Site
Management
SOW + Client
KPI trained
Daily,
rotating
areas

Weekly
Management by
Walking Around
(MBWA)
Quality Audit Tool

Quality Audit Tool
Client POC Knowledge of
SOW
Monthly Joint Audit using
Verde’s Quality
Audit Tool

Cleaning
Process
Compliance

Area and / or
Corporate
Quality
Manager
Verde Earth SOP
Trained;
Equipment &
Supply
Certification
Daily MBWA; on the job
training for non-
compliance
Green Seal
Certification
Auditor
GS-42 trained Annual GS-42 Audit
Process

Safety
Behavioral
Audit

Site EHS Lead OSHA Certified Daily Management by
Walking Around
(MBWA); write up
for non-
compliance

Prepared by Verde for the City of Montebello

15 Area Manager Verde Safety
Training
Quarterly Site Safety Audit
Form

MSDS /
OSHA
Compliance

EHS Manager OSHA certified Monthly Sites send
documentation to
EHS Manager

Waste
Management
(Recycling &
Composting)

Site
Management
Verde Earth SOP
Trained
Daily MBWA; on the job
training for non-
compliance
Corporate
Sustainability
Manager
Verde Earth SOP
Trainer; LEED
EBOM 101
Trained
Annual Sustainability
Online Audit

Inventory
Management

Site
Management
Verde trained Weekly Inventory
Checklist

Work
Orders

Site
Management
and Client
POC
SOW + Client
WO System +
Verde trained
Ad Hoc Client Work Order
System

Equipment
Management

Site
Management
ODP /
Manufacturer
Training
Weekly Equipment
Checklist (on card
zip tied to
equipment)

Customer
Satisfaction

Client POC N/A Quarterly Verde’s Online
Customer Survey

Verde’s Audit Tool: Mobile auditing made easy (and fun)

To manage the scope of work and ensure the quality of our services, our site management team will utilize our preferred management platform, HeySage™. Named for our mascot Sage Sasquatch, who reminds us how we can leave a big imprint on the world while still making greener choices, HeySage™ is our primary management tool. It was designed by operators for operators.

We use HeySage™ to manage audits, work items, SDS and safety incidents, and site health.

SAGE uses predictive analytics to anticipate facility needs.

Every day, managers using HeySage™ are provided with suggestions for what they can do to improve their Sage Score. When the manager completes these suggestions, their Sage score goes up. As the tool becomes increasingly acquainted with the account, its ability to predict potential issues improves.

Prepared by Verde for the City of Montebello

16 Work Items can be identified and added into HeySage™ during an audit, or on the spot as needed. Verde managers and supervisors simply indicated where, what, and when the work item needs to be completed. Work items are reviewed with crew members during the daily huddles and communicated to team members throughout the shifts if immediate attention is needed.

Prepared by Verde for the City of Montebello

17 Audit data is communicated to our clients on a weekly basis and rolled up into a quarterly report, along with other important KPIs including safety, sustainability, work orders, turnover, and more. See below for a sample KPI Report:

Verde is open to providing minimum service guarantees including but not limited to KPI performance deductions and incentives. Below is an example scorecard for a large Fortune 500

Prepared by Verde for the City of Montebello

18 24/7/365 high security customer:

Instructions for conducting inspections, audits, documentation, and weekly reporting, etc.

Electronic recordkeeping system

Location Building Inspection
Type
Requirement 1 Requirement 2 Due
Date
Customer
Account
All
Buildings
under scope
Internal, non-
customer
1 Inspection for
each building in
scope
50% of each
building profile
inspected
15th of
the
month
Customer
Account
Any
Building
Joint (Customer
Inspection)
1 Inspection for a
building in scope
50% of each
building profile
inspected
15th of
the
month

3. Relevant Experience

Please include information describing your experience providing similar services for public agencies. Provide a minimum of three (3) specific examples of relevant experience. At a minimum, the vendor should provide a list of the most recent projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant) for which the consultant has performed similar services of similar size, scope, and complexity.

Using Appendix C – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of

Prepared by Verde for the City of Montebello

19 each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.

Resumes may also be included in this section for any key staff associated with project.

Verde’s Experience

Verde was founded in 2019 as a
Hispanic-owned and operated
facilities services with 75 years of
combined management experience.

Our company is focused on
delivering cleaner, greener
workplaces. True to the Verde
name, which means green in
Spanish, sustainability is at the
heart of our company’s mission,
vision, and values.

Vision: To be the leader in clean
sustainable workplace services.

Mission: To deliver cleaner,
greener workplaces.

Values: “Verde Vibes” is the
embodiment of our 4 core values:

Safety Sustainability Social Impact Awesomeness
We’re stewards of
your
physical and
mental well-being.

We prioritize
Eco-friendly
solutions.

We elevate diversity
and give back to
our communities.

We infuse Verde
Vibes into
everything we do.
.

Industry Reputation

Our team is made up of seasoned professionals who have been in the industry for decades.

Verde’s executive team members have held some of the highest positions at top international

Prepared by Verde for the City of Montebello

20 facilities companies where they managed many of the biggest, most complex, and toughest customers within the Fortune 500.

Currently, we manage the largest semiconductor manufacturing foundry in the world—beating out much larger, multibillion dollar competitors—and were even mentioned by the President of the United States in 2022 during his speech at the ribbon cutting ceremony of a new facility! Our CEO, Paul Sarzoza, also got a personal invitation to the White House to see the 2023 State of the Union Address: www.verdeclean.com/news

(Pictured Left: Paul with President Biden, Middle: Biden’s mention of Paul during his Arizona visit. Right: Paul at the White House during Biden’s State of the Union Address).

Our Footprint & Experience

We are currently licensed to do business in 11 U.S. states and primarily operate in 4 core regions: California, Colorado, Arizona, and Utah. Verde has a large geographical footprint in Los Angeles specifically, and throughout the state of California.

Verde’s management team has extensive experience managing multiple campuses and buildings, including 1 million square feet at Arizona State University, more than 80 buildings across the County of Los Angeles, and the 6 million square-foot campus for TSMC, which includes Class- A office, a cleanroom fab, and entry point management during ongoing construction phases of the company’s critical spaces.

Verde has many high-traffic, multiple building accounts throughout the Southwest with a proven track record of effectively managing diverse portfolios including:

• County of Los Angeles
• County of San Diego
• City of Palm Springs
• State of Colorado
• Taiwan Semiconductor Manufacturing Co (TSMC)
• National Renewal Energy Laboratory (NREL)
• Agua Fria Highschool District
• Arizona State University
• State of Utah

Prepared by Verde for the City of Montebello

21 • Phoenix Rising Football Club

Local LA Presence

We have a strong regional management team in Southern California. Our Regional Director’s Cerritos office is located approximately 25 minutes from your Department of Public Works office.

Assigned Personnel

See Appendix C for 3 detailed references

Prepared by Verde for the City of Montebello

22 Brandon Dastrup, EVP of Strategic Initiatives

Brandon’s proficiency in managing the successful transition of over 10 million square feet of new accounts, coupled with exceptional customer satisfaction scores, has earned him a place among the best in the facilities industry. An expert in 24/7 and high-security facilities, he holds several certifications including OSHA 10 Course Training. These certifications showcase his commitment to delivering quality service and prioritizing the safety and well-being of his team and clients.

Employment History / Experience:

• 17 years in management.
• Over 3 years in Facilities Services industry.
• Expertise in government contracts like Millennium High School, City of Palm Springs, City of Altadena, and City of Fort Collins.
• Expertise in operating 24/7/365 sites.
• Subject matter expert in floorcare, critical space, and multi-building campuses / accounts. • Excels in managing Quality Control Programs including process validation, quality audits, corrective action plans, and maintenance of historical records. • Skilled at complaint resolution process, working directly with customers alongside site and regional management teams.
• Ability to manage key authorization and control, site access, and physical security. • Has an excellent track record of successfully leading monthly and quarterly performance evaluation meetings.

Kirk Richards, Southern California Regional Director

Prepared by Verde for the City of Montebello

23 Kirk Richards will oversee the City’s contract. Kirk provides high-level executive leadership and support; Customer escalations; Engaged in customer communication virtually and in person while on site. He is responsible for the operations, account management and growth initiatives within. He ensures that our services exceed client expectations and employees are satisfied and motivated with positive communication.

Employment History / Experience:

• 8 years in Facilities Management.
• 6 years in Quality Management.
• Currently overseeing County of LA, City of Palm Springs, and more. • Expert in floorcare, critical space, and multi-building campuses/accounts and 24/7/365 operating sites.
• Leads and develops site supervisors in the area.
• Supports daily operations, growth, client relations, budgets, and reporting. • Resolves customer complaints by actively listening to fully understand the problem and select effective solutions to ensure customer satisfaction. • Actively ensures that all task/assignments are performed in compliance with safety procedures.
• Has improved customer satisfaction.
• Bachelor of Science Business Management.

Tannon Scoggins, EVP of Operations

Tannon has experience in client and market growth, contract management, administration, and multi-site facilities management. With a strong background in providing comprehensive operations leadership, Tannon has successfully contributed to the growth of organizations across the Pacific Northwest and California regions. Known for his exceptional ability to handle multiple complex projects, budgets, tasks, and timelines, Tannon excels in managing client relationships and addressing stakeholders’ needs. His strategic approach enables him to prepare for the unexpected, prevent conflicts, and motivate teams to achieve their goals.

Employment History / Experience:

• 28 years in management.
• 22 years in Facilities Services industry.
• Expertise in transitions, received perfect Intel customer score card for seamless transition of services across 7 states.

Prepared by Verde for the City of Montebello

24 • Managed and operated Fortune 500 companies like: Google, Boeing, HP, Microsoft, and Amazon.
• Expertise in operating 24/7/365 sites.
• Subject matter expert in floorcare, critical space, and multi-building campuses / accounts.
• Expertise in managing Quality Control Programs including process validation, quality audits, scheduling, corrective action plans, and maintenance of historical records. • Skilled at complaint resolution process, working directly with customers alongside site and regional management teams.
• Ability to manage key authorization and control, site access, and physical security. • Has an excellent track record of successfully leading monthly and quarterly performance evaluation meetings.

Jonathan Coloma, Director of Transition

Onsite transition and logistics leader, experienced with managing Fortune 500 clients and developing technical and creative course materials under tight deadlines. Leads Verde’s daily transition calls with ops and corporate; Ensures Transition Checklist and timeline is being followed; Supports hiring, badging, and security; bilingual in English and Spanish.

Employment History / Experience:

• 10+ years in Facilities Services.
• Strong organizational, problem-solving, and interpersonal skills, particularly collaborating with upper management and SMEs.
• Expert level knowledge in process flow creation, business development, and effective training techniques.
• Strategic thinker and strong interpersonal skills, liaising between client, management, subcontractors, and frontline staff.
• Deep managerial experience, serving as Regional Manager, Strategic Solutions Manager, Area Manager, Site Manager, Account Manager.
• Past clients include Microsoft, Orange County, Johnson & Johnson, Illumina, and more. • BA Rutgers University.

Prepared by Verde for the City of Montebello

25 Raul Delgadillo, Area Manager

Raul has been with Verde for 2 years. He has previously held several operations and management roles. He is bilingual and has excellent attention to detail, quality management, superior customer service, and leadership.

Employment History / Experience:

• 15 years in management roles.
• 5 years of experience operating 24/7/365 site environment. • Subject matter expert in multi-building campuses / accounts. • Expertise in managing Quality Control Programs including process validation, quality audits, scheduling, corrective action plans, and maintenance of historical records. • Skilled at complaint resolution process, working directly with customers alongside site and regional management teams.
• Ability to manage key authorization and control, site access, and physical security. • Has an excellent track record of successfully leading monthly and quarterly performance evaluation meetings.

4. Proposed Scope of Services

Please provide a proposed Scope of Services, based on the Scope of Work contained in this RFP; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables, milestones, and tasks.

In order to complete the Scope of Work, we will use the following Scope of Services:

Green Cleaning Methodology
Our entire cleaning program, Verde Earth, is 100% eco-friendly—from our process to our products, equipment and supplies. Verde Earth is officially Green Seal (GS-42) Certified.

Although the RFP outlines which chemicals the City provides, we offer these unique green cleaning capabilities to Montebello at no additional charge. Verde’s Green Cleaning Standard Operating Procedure (SOP) Guidelines are available to our clients upon request.

Prepared by Verde for the City of Montebello

26 Verde Earth currently supports EPA and LEED certification requirements.

All products and equipment used by Verde have been third-party tested to: (1) emit fewer harmful compounds like VOCs, (2) improve indoor air quality for building occupants, and (3) ensure a safer product for the environment. Not only does using eco-friendly products minimize our carbon footprint, we also offer site education and local solutions to support waste reduction, increased recycling, and/or composting for our customers.

Verde will provide all of the necessary equipment and supplies to support the green cleaning services, including cleaning chemicals, tools, and equipment. Our staff will be responsible for maintaining and cleaning the equipment, and we will provide ongoing maintenance and support to ensure that it is always in good working order.

Our preferred supply partner is ODP Business Solutions. ODP’s platform allows us to manage our approved green supply chain and ensure compliance with RFP requirements including the following standards for various products:

Verde Earth cleaning utilizes eco-friendly microfiber cloths and mops that prevent cross- contamination and support a healthy workplace. Not following a cross-contamination process is

Prepared by Verde for the City of Montebello

27 unsanitary, dangerous, and just plain gross. This process is the industry standard for greener cleaner buildings and foundational to our Verde Earth cleaning program.

Verde has received an EcoVadis sustainability rating validating our commitment to ESG!

This September, the Environmental Protection Agency (EPA) announced that they named Verde one of their 2024 Safer Choice Partners of the Year. The EPA developed the Safer Choice label to help consumers and companies find cleaning and other products with safer ingredients for people and the environment that perform as well as conventional products. When organizations choose Verde as their facilities services company, those customers know they have chosen a company who prioritizes the health of the environment and the people who use your City’s varied facilities.

You can watch our award video here: https://www.epa.gov/saferchoice/2024-safer-choice- partner-year-award-winners#tab-41

Prepared by Verde for the City of Montebello

28 Verde’s Customer Service Philosophy:

Verde’s approach to problem resolution is to do things right the first time. But, if things go wrong, how we make things right makes things right. In our experience, effective problem- resolution can help build trust, foster loyalty, and create long-term advocacy.

Verde’s customer service philosophy—what we call Zen Management Mindset—is our commitment to service excellence and headache-free problem resolution, achieved by listening intently to our customers and taking full ownership of challenges and solutions.

Prepared by Verde for the City of Montebello

29 Routes and Scheduling

Verde Vibes Crew Members all have job cards with their routes and duties printed, laminated, and attached to work carts. Additional route cards and periodic schedules are posted in janitorial closets and deviations are discussed during daily shift start huddles. Route cards vary by site and look something like this:

5. Conflict of Interest Statement (Non-Collusion)

Verde has no conflicts of interest, and no financial, business, or other relationship with the City that would have an impact upon the selection process.

Prepared by Verde for the City of Montebello

30 6. Cost Proposal

Cost proposal should include the following:

Total All-Inclusive Not-To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for proposals. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all out-of-pocket expenses. Provide a budget for each significant milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each.

Component Costs: Include separate schedules of all fees and expenses for each of the work tasks and deliverables described in this RFP. These schedules should include hourly rates and number of hours anticipated for each staff level; as well as out-of-pocket expenses such as travel and transportation, meals, communications, and duplication costs. The total of these separate schedules should have a direct relationship to the total all-inclusive maximum price.

Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Consultant. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

See Exhibit C Attachment

1 Appendix “C”
Cost Proposal
I, the undersigned, have read and understand the attached specifications for Custodial Services. Further, I attended the Pre -bid Conference and Site Inspection, as required by the specification. If awarded the contract, I agree to perform the work in accordance with the terms and conditions of the RFP.

Bid Amounts:

For custodial services, by location, as outlined in the specifications:
a. City Hall: $ /month $ /Annual
b. Acuna Park (Parks and
Recreation Office Building):
$ /month $ /Annual
c. Acuna Park (Outside
Restrooms):
$ /month $ /Annual
d. Ashiya Park (Outside
Restrooms):
$ /month $ /Annual
e. City Park (Outside
Restrooms):
$ /month $ /Annual
f. City Park (Gym & Youth
Center):
$ /month $ /Annual
g. City Park (Aquatic Upstairs): $ /month $ /Annual
h. City Park (Aquatic Downstairs): $ /month_ $ /Annual i. Senior Citizen Center: $ /month $ /Annual
j. Golf Maintenance Bld. $ /month $ /Annual j. Golf Course (Bicknell
Scout House): $ /month $ /Annual
6,288.55
912.67
924.51
11,094.12
1,060.70
291.21
810.93
2,088.29
25,059.48
494.82
308.98
773.33
9,279.96
385.89
4,630.68
75,462.60
10,952.04
12,728.40
3,494.52
9,731.16
5,937.84
3,707.76

2 k. Grant Rea Park
(Recreation Building):
$ /month
$ /Annual
l. Grant Rea Park
(Community Room):
$ /month
$ /Annual
m. Grant Rea Park
(Outside Restrooms): $___ /month $ /Annual
n. Holifield Park
(Recreation Building):
$ /month $ /Annual
o. Holifield Park
(Community Room): $ /month $ /Annual
p. Holifield Park
(Outside Restrooms): $ /month $ /Annual
q. Potrero Heights Park
(Recreation Building): $ / month $ /Annual r. Potrero Heights Park
(Outside Restrooms): $ /month $ /Annual
s. Reggie Rodriguez Park
(Community Room): $ /month $ /Annual
t. Reggie Rodriguez Park
(Outside Restrooms): $ /month $ /Annual
u. Sanchez Adobe Park
(Office Building): $ /month $ /Annual
v. Sanchez Adobe Park
(Outside Restrooms): $ /month $ /Annual
w. Taylor Ranch Park
127.85
338.58
1,534.20
1,201.53
424.98
5,099.76
424.98
5,099.76
912.67
139.69
912.67
722.11
912.67
968.38
912.67
4,002.96
14,418.36
10,952.04
1,676.28
10,952.04
8,665.32
10,952.04
11,620.56
10,952.04

3 (Outside Restrooms): $ /month $ /Annual
x. Taylor Ranch Park
(Community Room): $ /month $ /Annual
y. Transit Department: $ /month $ /Annual
z. Police Department: $ /month $ /Annual
aa. Public Works
(Corporate Yard): $ /month $ /Annual
ab. Metrolink Station
(Public Restroom) $ /month $ /Annual
Combined Total: $ /month $ /Annual 912.67
408.43
2,787.93
33,455.16
906.75
9,219.80
1,472.62
10,952.04
4,901.16
110,637.60
17,671.44
10,881
38,041.86
456,502.32

4 CITY OF MONTEBELLO

CITYWIDE CUSTODIAL MAINTENANCE SERVICES RFP
As-needed Custodial Services
Service Type Fixed Hourly
Rate

Maintenance Porter Services
Restroom Porter Services
Deep Cleaning Restrooms
Floor Stripping/Carpet Cleaning
For this quotation to be valid, this sheet must be signed.

Company Name Representative’s Name
Signature Date
$34.43
$30.38
$30.38
$32.08
Verde Facilities Services Areli Barlow
10/26/2024

Appendix “C” Reference Sheet
RFP 25 – 04 Citywide Custodial Services
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
County of Los Angeles
1100 N Eastern Ave, Los Angeles, CA 90063
Anthony Davis
Division Manager
(323) 607-1073 (office) | (213) 703-9691 (cell
[email protected]
The County of Los Angeles consists of high security spaces and heavy traffic flow sites such as: behavioral clinics, courts, transitional housing, sheriff departments, probation offices, crime labs, and warehouse storage. Consists of Janitorial, Window Washing, Recycling, Composting services. Dates of Service: 2024-2029
The City of Palm Springs California

Daniel Martinez
3200 East Tahquitz Canyon Way, Palm Springs, CA 92262
Assistant Facilities Director
(760) 218-4237 (cell) | (760) 322-8348
[email protected]
This account is spread across 33 buildings and classified as a government contract in the State of California. We service their city hall, police stations, public parks, libraries, a fire station, a theater, a parking structure, train station, restrooms, and more.

Janitorial, Recycling, Composting in some buildings Date of Service: 2023-2026 Paul Akers
Admin Analyst Department of General Services
5555 Overland Ave # 2207, San Diego, CA 92123
(619) 539-5472 (cell)
[email protected]
The County of San Diego sites are spread across 26 buildings and include libraries, high traffic buildings, clinics, airports, courts, probation offices, sheriff stations. Janitorial, Recycling, Composting in some buildings2024-2029
County of San Diego

City of Montebello
CITYWIDE CUSTODIAL SERVICES (RFP 25-04), bidding on 10/28/2024 11:00 AM (PDT)

Printed 10/28/2024
PlanetBids

City of Montebello
CITYWIDE CUSTODIAL SERVICES (RFP 25-04), bidding on 10/28/2024 11:00 AM (PDT)

Printed 10/28/2024
PlanetBids

City of Montebello
CITYWIDE CUSTODIAL SERVICES (RFP 25-04), bidding on 10/28/2024 11:00 AM (PDT)

Printed 10/28/2024
PlanetBids

Exhi
bit “B”

SCHEDUL

E OF COMPENSATION
FY 2024-25 Feb. 2
025 - Jun. 30,2025 $ 190,209.30 (Prorated for 5 mos.)
FY 20
25-26: Jan. 2025 - Jun. 30,2026 $456,502.32
FY 20
26-27: Jul. 1, 2026 – Jun 30, 2027 $456,502.32
FY 20
27-28: Jul. 1, 2027 – Jun 30, 2028 $456,502.32
FY 20
29-30 Extension: Jul. 1, 2028 – Jun 30, 2029 $ 470,197.21 FY 2030
-31 Extension: Jul. 1, 2029 – Jun 30, 2030 $ 484,303.12 After the 3 rd full year, there will be a 3.0% C PI increase for each additional yea r of the contract.

An additional $200,000 per fiscal year will be allocated for Maintenance Porter Services and Extra Special Events Cleaning Services that are not listed in the regular custodial services described in the RFP.

Exhibit “C”

LIVE SCAN FINGERPRINTING REQUIREMENT

The CONTRACTOR may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department.

The CONTRACTOR shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONTRACTOR may be required to obtain a “Temporary Contractor ’s Badge” issued by the City of Montebello Human Resources prior to performing work on-site.

Annual Price American Service
Team Corporation
Aria Commercial
Cleaning Services Base Hill Inc Coastal Building
Services, Inc.

Commerical
Building
Management
Executive
Facilities
Services, Inc
Innovative
Prisitne
Services, LLC
Joncowest
Platinum
Maintenance
Group
Priority Building
Services, LLC

SANTA FE

JANITORIAL

SERVICES

SERVPRO
Global DRT
Ultimate
Maintenance

SERVICES
Verde
Facilities
Services
City Hall $ 53,760.00 $ 86,394.00 $ 33,000.00 $ 60,000.00 $ 51,000.00 $ 38,712.96 - $ 52,002.00 $ 40,584.96 $ 100,308.00 $ 100,485.72 $ 270,480.00 $ 39,000.00 $ 75,462.60 Acuna Park (Parks and Rec Office) $ 12,807.02 $ 18,324.00 $ 8, 700.00 $ 13,200.00 $ 15,000.00 $ 9, 073.32 - $ 13,803.00 $ 9,510.80 $ 15,672.00 $ 18,841.08 $ 50,832.00 $ 10,800.00 $ 4,630.68 Acuna Park (Outside Restrooms) $ 18,095.72 $ 23,626.00 $ 14,400.00 $ 12,000.00 $ 9,300.00 $ 5,504.52 - $ 18,000.00 $ 8,881.60 $ 5,484.00 $ 21,981.24 $ 24,000.00 $ 7,200.00 $ 9,279.96 Ashiya Park (Outside Restrooms) $ 19,823.72 $ 23,626.00 $ 18, 000.00 $ 12,000.00 $ 9,300.00 $ 6, 915.36 - $ 18,000.00 $ 8,881.60 $ 5,484.00 $ 21,981.24 $ 27,084.00 $ 7,200.00 $ 10,952.04 City Park (Outside Restrooms) $ 6,171.31 $ 23,626.00 $ 18, 000.00 $ 12,000.00 $ 9,300.00 $ 9, 738.72 - $ 18,000.00 $ 8,881.60 $ 5,484.00 $ 18,841.08 $ 40,824.00 $ 9,000.00 $ 11,094.12 City Park (Gym & Youth Ctr.) $ 19,823.72 $ 34,753.00 $ 9, 300.00 $ 12,000.00 $ 29,052.00 $ 12, 702.72 - $ 14,766.00 $ 13,315.12 $ 16,452.00 $ 18,841.08 $ 60,960.00 $ 18,000.00 $ 12,728.40 City Park (Aquatic Upstairs) $ 14,859.23 $ 12,608.00 $ 5, 700.00 $ 4,800.00 $ 3,600.00 $ 604. 92 - $ 1,605.00 $ 2,536.56 $ 3,924.00 $ 43,962.48 $ 5,544.00 $ 8,400.00 $ 3,494.52 City Park (Aquatic Downstairs) $ 22,305.96 $ 16,658.00 $ 4,500.00 $ 8,400.00 $ 8,700.00 $ 4,839.12 - $ 4,815.00 $ 7,609.68 $ 6,264.00 $ 6,280.32 $ 26,208.00 $ 3,960.00 $ 9,731.16 Senior Citizen Center $ 27,270.45 $ 46,644.00 $ 22, 560.00 $ 32,400.00 $ 38,400.00 $ 33, 873.84 - $ 29,211.00 $ 31,071.04 $ 43,884.00 $ 12,560.76 $ 154,848.00 $ 22,800.00 $ 25,059.48 Golf Maintenance Building $ 15,479.79 $ 34,753.00 $ 6,000.00 $ 8,400.00 $ 14,400.00 $ 4,234.20 - $ 4,815.00 $ 8,877.96 $ 5,484.00 $ 18,841.08 $ 16,512.00 $ 10,500.00 $ 5,937.84 Golf Course (Bicknell Scout House) $ 5,938.66 $ 4,998.00 $ 4, 560.00 $ 4,800.00 $ 5,400.00 $ 1, 209.84 - $ 1,605.00 $ 2,536.56 $ 3,132.00 $ 18,841.08 $ 7,932.00 $ 4,680.00 $ 3,707.76 Grant Rae Park (Recreation Building) $ 32,855.80 $ 4,998.00 $ 5,100.00 $ 6,000.00 $ 5,400.00 $ 1,209.84 - $ 1,605.00 $ 2,536.56 $ 3,132.00 $ 6,280.32 $ 2,400.00 $ 4,680.00 $ 1,534.20 Grant Rae Park (Community Room) $ 7,412.49 $ 4,998.00 $ 4, 560.00 $ 7,200.00 $ 5,400.00 $ 1, 209.84 - $ 1,605.00 $ 1,268.80 $ 3,132.00 $ 6,280.32 $ 2,400.00 $ 4,680.00 $ 4,002.96 Grant Rae Park (Outside Restrooms) $ 6,171.37 $ 74,255.00 $ 24, 000.00 $ 12,000.00 $ 20,400.00 $ 18, 207.24 - $ 18,000.00 $ 35,511.84 $ 32,916.00 $ 43,962.48 $ 69,984.00 $ 8,040.00 $ 14,418.36 Holifield Park (Recreation Building) $ 12,000.00 N/A $ 7,500.00 $ 18,000.00 $ 9,000.00 $ 5,444.04 - $ 4,173.00 $ 3,804.84 $ 7,836.00 $ 18,841.08 $ 13,200.00 $ 8,040.00 $ 5,099.76 Holifield Park (Community Room) $ 5,964.00 $ 17,377.00 $ 7, 500.00 $ 7,200.00 $ 9,000.00 $ 5, 444.04 - $ 3,000.00 $ 3,804.84 $ 7,836.00 $ 18,841.08 $ 12,000.00 $ 14,400.00 $ 5,099.76 Holifield Park (Outside Restrooms) $ 6,171.37 $ 23,626.00 $ 18,000.00 $ 12,000.00 $ 9,300.00 $ 6,915.36 - $ 18,000.00 $ 8,881.60 $ 5,484.00 $ 18,841.08 $ 48,912.00 $ 7,200.00 $ 10,952.04 Potrero Heights Park (Recreation Building) $ 19,823.72 $ 3,332.00 $ 4, 800.00 $ 7,200.00 $ 6,000.00 $ 1, 209.84 - $ 1,605.00 $ 1,268.80 $ 1,572.00 $ 18,841.08 $ 3,528.00 $ 6,120.00 $ 1,676.28 Potrero Heights Park (Outside Restrooms) $ 6,171.37 $ 23,626.00 $ 14,400.00 $ 12,000.00 $ 9,300.00 $ 5,504.52 - $ 18,000.00 $ 8,881.60 $ 5,484.00 $ 18,841.08 $ 54,180.00 $ 7,200.00 $ 10,952.04 Reggie Rodriguez Park (Recreation Building) $ 17,962.03 $ 12,608.00 $ 9, 000.00 $ 10,800.00 $ 20,400.00 $ 6, 048.96 - $ 4,173.00 $ 6,341.40 $ 8,616.00 $ 15,700.92 $ 21,000.00 $ 12,000.00 $ 8,665.32 Reggie Rodriguez Park (Outside Restrooms) $ 7,412.49 $ 23,626.00 $ 14, 400.00 $ 12,000.00 $ 9,300.00 $ 6, 915.36 - $ 15,000.00 $ 8,881.60 $ 5,484.00 $ 18,841.08 $ 27,084.00 $ 7,200.00 $ 10,952.04 Sanchez Adobe Park (Office Building) $ 19,823.72 $ 12,171.00 $ 4, 320.00 $ 9,600.00 $ 7,800.00 $ 3, 629.40 - $ 5,457.00 $ 3,804.32 $ 6,264.00 $ 9,420.48 $ 20,688.00 $ 14,400.00 $ 11,620.56 Sanchez Adobe Park (Outside Restrooms) $ 7,412.49 $ 23,626.00 $ 14, 400.00 $ 12,000.00 $ 9,300.00 $ 8, 327.28 - $ 18,000.00 $ 8,881.60 $ 5,484.00 $ 18,841.08 $ 29,352.00 $ 7,200.00 $ 10,952.04 Taylor Ranch Park (Outside Restrooms) $ 7,412.49 $ 23,626.00 $ 14,400.00 $ 12,000.00 $ 9,300.00 $ 6,915.36 - $ 18,000.00 $ 8,881.60 $ 5,484.00 $ 18,841.08 $ 27,084.00 $ 7,200.00 $ 10,952.04 Taylor Ranch Park (Community Room) $ 5,550.81 $ 4,998.00 $ 4, 080.00 $ 2,880.00 $ 4,200.00 $ 907. 32 - $ 1,605.00 $ 1,268.28 $ 4,704.00 $ 43,962.48 $ 6,804.00 $ 4,200.00 $ 4,901.16 Transit Department $ 46,031.29 $ 42,105.00 $ 5,400.00 $ 33,120.00 $ 57,000.00 $ 33,873.84 - $ 43,656.00 $ 44,389.80 $ 54,852.00 $ 18,841.08 $ 176,400.00 $ 34,800.00 $ 33,455.16 Police Department $ 103,879.35 $ 149,467.00 $ 76,800.00 $ 138,000.00 $ 92,100.00 $ 101, 621.52 - $ 122,622.00 $ 133,169.40 $ 175,536.00 $ 175,849.92 $ 745,584.00 $ 80,400.00 $ 110,637.60 Public Works Coorporate Yard $ 29,752.70 $ 12,379.00 $ 28,800.00 $ 18,000.00 $ 27,600.00 $ 10,585.56 - $ 14,766.00 $ 13,315.12 $ 16,452.00 $ 43,962.48 $ 70,560.00 $ 8,400.00 $ 17,671.44 Metrolink Station (Public Restroom) $ 11,135.86 $ 23,626.00 $ 4, 500.00 $ 12,000.00 $ 9,300.00 $ 5, 504.52 - $ 18,000.00 $ 8,881.60 $ 5,484.00 $ 43,962.48 $ 14,112.00 $ 7,200.00 $ 10,881.00 Total 569,278.93$ 806,454.00$ 406,680.00$ 522,000.00$ 513,552.00$ 356,883.36$ 28,430.00$ 503,889.00$ 446,461.08$ 567,324.00$ 860,408.76$ 2,030,496.00$ 384,900.00$ 456,502.32$ Comparitive Price Sheet
RFP 25-04
Citywide Custodial Services

ATTACHMENT B

ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: REJECT BIDS RECEIVED FOR THE FIRE STATION #56 RENOVATION PROJECT (CP 923) IN ACCORDANCE WITH PUBLIC CONTRACT
CODE SECTION 22038(A)(1)

DATE: November 13, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Reject all bids received for the Fire Station #56 Renovation Project (CP 923) in accordance with Public Contract Code Section 22038(a)(1); and

2. Authorize the City Clerks office to release bidders’ bonds; and

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

FISCAL IMPACT:

Bids for construction of the Fire Station #56 Renovation Project (CP 923) were received on October 7, 2024. Staff evaluated the submissions and found that two bidders failed to provide the required U.S. Department of Housing and Urban Development (HUD) documents at the time of submission. Although the third-lowest bidder included the necessary HUD documents, their bid, along with all subsequent bids, exceeded the project's anticipated budget of $460,000. As a result, staff recommends rejecting all bids for the Fire Station #56 Renovation Project (CP 923). There is no fiscal impact related to the recommended actions.

BACKGROUND/DISCUSSION:

On September 11, 2024, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for Fire Station #56 Renovation Project (CP 923). The City Council’s adoption of the Plans, Specifications and Engineer’s Estimate (PS&E) on September 11, 2024

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

provided the nexus to comply with Government Code Section 830.6. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project.

Government Code Section 830.6 provides, “Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body … or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved … .”

Staff adhered to Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. The public works competitive bidding laws are intended to eliminate favoritism, fraud and corruption in the awarding of public contracts.

The NIB was published on September 12, 2024, in a newspaper of general circulation.

The contract plans and specifications were accessible via PlanetBids and redistributed by several electronic media outlets that post the bid package on e-bid boards. In all, five (5) bids were received, and the following is the bid tabulation:

Contractors Total
1 Ambit Construction and Design, Inc $437,250.00
2 Estate Design and Construction Inc $448,000.00
3 Global Builders Inc $598,888.00
4 MLC Constructors, Inc $699,439.00
5 RAMSA Construction, Inc $949,000.00

After reviewing the proposals and analyzing the bids, staff recommends rejecting all submissions, as the responsive bids exceed the estimated project budget of $460,000.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff is recommending City Council reject all bids received for construction of the Fire Station #56 Renovation Project (CP 923) in accordance with Public Contract Code Section 22038(a)(1); and authorize City Clerk to release bidders’ bonds.

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

ATTACHMENT(S)

None

ITEM # 20

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: AWARD A CONSTRUCTION CONTRACT TO ESTATE DESIGN AND CONSTRUCTION, INC. FOR THE DOG PARK AT ACUÑA PARK (CP
922)

DATE: November 13, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Award a construction contract to Estate Design and Construction, Inc. for the dog park at Acuña Park (CP 922) in the amount of $632,071 plus a 10% construction contingency of $63,207 for a total contract amount of $695,278; and

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

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

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

FISCAL IMPACT:

Staff recommends awarding a construction contract to Estate Design and Construction, Inc. as the most responsive and responsible bidder for the amount of $632,071 Additionally, a 10% construction contingency of $63,207 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. Bringing the total contract amount to $695,278.

Staff requests authorization to allow the City Manager to execute all contract changes orders approved and negotiated in good faith by the Director of Public Works.

This project was included as part of the Fiscal Year 2024-25 Capital Improvement Program (CIP). Funding in the amount of $695,278 is available in the General Fund (Account No. 100-70-744-7116, General Fund, Parks and Recreation, Capital Projects,

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

Improvements Other Than Building). Therefore, no budget adjustment is needed as part of the recommended action.

BACKGROUND/DISCUSSION:

On June 26, 2024, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for construction of a dog park at Acuña Park - CP 922. At the August 14, 2024 City Council meeting, bids were rejected and the City Council subsequently authorized staff to rebid the project.

The NIB was published on August 15, 2024, in a newspaper of general circulation.

Bidders accessed the contract specifications via PlanetBids. Bids were received electronically via PlanetBids on September 12, 2024. The following is the tabulation based on the order of when the bids were received:

Contractors Bid
1 Estate Design and Construction Inc. $632,071.14
2 Al's Engineering, Inc. $634,482.45
3 Ramco, General Engineering Contractors, Inc. $674,531.20 4 C.S. Legacy Construction, Inc $696,099.42
5 Aguilar & Calderon Corporation $715,139.00
6 California Landscape & Design Inc. $716,306.35
7 We R Builders, Inc. $749,118.25
8 Axiom Group $795,658.25
9 Victorious R.E.D $814,000.00
10 MBC Enterprises Inc. $1,497,143.00

The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Based on the analysis, staff’s recommendation is to award Estate Design and Construction, Inc. the construction contract (Attachment A) as the most responsive, responsible bidder. The remaining bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis are included in Attachment B.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends awarding the construction contract to Estate Design and Construction, Inc. as the most responsive and responsible bidder for the amount of $632,071, plus a

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

10% construction contingency of $63,207 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 10% contingency -- is $695,278, payable from Account No. 100-70-744-7116 (General Fund, Parks and Recreation, Capital Projects, Improvements Other Than Building); and authorize the City Clerk’s Office to release all-other bidders bonds; and authorize the City Manager to execute the agreement and all change orders within the contingency amount in good faith.

ATTACHMENT(S)

1. Attachment A - Estate Design and Construction, Inc. Agr. No. 4227

2. Attachment B - Bid Results CP 922

D
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CI

TY OF MONTEBELLO
PR
OFESSIONAL SERVICES AGREEMENT NO. 4227
WITH ESTATE DESIGN AND CONSTRUCTION, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“AGREEMENT”) is made and entered into on November 13, 2024 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ESTATE DESIGN AND CONSTRUCTION, INC., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RE
CITALS
W
HEREAS, the CITY desires to retain a qualified professional contractor to construct a dog park at Acuña Park Project – CP 922 (“PROJECT”); and
W
HEREAS, on November 13, 2024 , the CITY’s City Council (“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; and W
HEREAS, CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

SECT
ION 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, Project Manual and Special Provisions, Addendums, 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 bon ds, and insurance certificates. All of the “ Agreement 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.

ATTACHMENT A

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

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

2. CONTRACTOR’S September 12, 2024 Proposal

3. Standard drawings

4. Details

5. Special provisions, if any

6. General specifications and all referenced specifications

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. The work shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY. This Agreement shall expire on June 30, 2025, 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 issued by the CITY’s applicable, department head.

SECTION 4. COMPENSATION

CONTRACTOR hereby agrees to receive and accept the total lump sum amount of Six Hundred Thirty-Two Thousand, Seventy-One Dollars and 14/100 Cents ($632,071.14) with a contingency amount of Sixty-Three Thousand, Two- Hundred Seven Dollars and 11/100 Cents ($63,207.11) for a potential project amount not-to-exceed of Six Hundred Ninety- Five Thousand, Two Hundred Seventy -Eight Dollars and 25/100 Cents ($ 695,278.25), which is based on performing all of the work shown on CONTRACTOR’s 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.

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4.1. Progress Payments

Progress Payments shall be made in accordance with section the General Provisions and the provisions of this SEC. 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.50. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to 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 Civi l Procedure Section 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 fi ve percent (5%) thereof shall be retained as performance security. Refer to S EC. 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 S EC. 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, 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 Section 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 tion 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 exp ense 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

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CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this 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 60 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

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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

8.1. CONTRACTOR License.

CONTRACTOR shall possess a california CONTRACTOR’s license type Class A, C8, C60 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 PROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUB-CONTRACTOR 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 S ection 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 (5) 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 incurr ed 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.

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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, (commenci ng 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 ca lendar 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 Section 1813).

8.9. Payroll Records.

CONTRACTOR shall maintain the certified payroll records required by Labor Codes Section 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Section 1771.4. CONTRACTOR shall inform the CITY of the location of the records enumerated under Labor Code Section 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 S ection 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 apprentic e’s work for every five hours of labor performed by a journeyman (unless an exception is granted under Section 1777.5), must contribute to the

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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.

SECTION 9. PREVAILING WAGES

a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relations (“DIR”) Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County. Wage rates shall conform with those posted at the DIR website and the Project site.

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

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 t he 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

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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, 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. Surety Faithful Performance Bond shall be maintained for one (1) year after completion of the project.

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 o f insurance shall be U.S. mail or email to:

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City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640

SECTION 13. LIQUIDATED DAMAGES

a. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the CITY and CONTRACTOR AGREE that in the event of any unreasonable delay in performance of this Agreement caused by CONTRACTOR, CONTRACTOR and its sureties shall be liable for and shall pay to the C ITY the sum of two thousand dollars ($2,000) as liquidated damages for each working day of delay in the performance of any service required hereunder . In addition, liquidated damages may be assessed for failure to comply with any emergency call out requirements described in the scope of services. The C ITY may withhold from any moneys payable on account of services performed by CONTRACTOR any accrued liquidated damages.

b. 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 Two Thousand dollars ($2,000) as liquidated damages for each working day of delay in the performance of any service required hereunder.

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.

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14.2 Public Contract Code 9204 Claims

CONTRACTOR shall comply with the procedure set forth in Public Contract Code S ection 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.

4. After meet and confer, a 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.

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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 furni shing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against 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.

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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 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 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

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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:

To the CITY: City of Montebello
Attn: City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200

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

To CONTRACTOR: Benjamin Tvizer
1902 Westwood Blvd., #200
Los Angeles, CA 90025
Phone: (818) 850-0182
Email: [email protected]

An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving part y. 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

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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

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]

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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

ESTATE DESIGN AND
CONSTRUCTION, INC.

By:
________________________________
Benjamin Tvizer, President

Date: _______

EXHIBITS:
• Exhibit A – Insurance Requirements

D-16

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 dam age 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4227
CP No. 922

D-17
$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,

STANDARD PUBLIC WORKS AGREEMENT NO. 4227
CP No. 922

D-18
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 c ertification 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.

ITEM
No. ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE TOTAL Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

A PROJECT STARTUP
1 Mobilization, Bonding and Record Drawings LS 1 $30,000.00 $30,000.00 $41,350.00 $41,350.00 $31,200.00 $31,200.00 $18,000.00 $18,000.00 $75,000.00 $75,000.00 $67,562.50 $67,562.50 $84,000.00 $84,000.00 $41,870.00 $41,870.00 $38,600.00 $38,600.00 $0.00 $0.00 2 Construction Staking LS 1 $12,000.00 $12,000.00 $15,000.00 $15,000.00 $14,000.00 $14,000.00 $3,800.00 $3,800.00 $7,500.00 $7,500.00 $19,387.50 $19,387.50 $14,000.00 $14,000.00 $8,690.00 $8,690.00 $8,500.00 $8,500.00 $0.00 $0.00 3 Storm Water Pollution Prevention LS 1 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $8,300.00 $8,300.00 $3,200.00 $3,200.00 $22,500.00 $22,500.00 $15,392.50 $15,392.50 $17,500.00 $17,500.00 $13,430.00 $13,430.00 $6,500.00 $6,500.00 $0.00 $0.00 4 Temporary Construction Fencing LS 1 $14,000.00 $14,000.00 $10,000.00 $10,000.00 $15,250.00 $15,250.00 $15,000.00 $15,000.00 $3,750.00 $3,750.00 $11,750.00 $11,750.00 $8,500.00 $8,500.00 $238,580.00 $238,580.00 $7,855.00 $7,855.00 $0.00 $0.00 5 Clearing and grubbing SF 33700 $2.85 $96,045.00 $0.66 $22,242.00 $3.00 $101,100.00 $1.46 $49,202.00 $1.56 $52,572.00 $0.80 $26,960.00 $1.55 $52,235.00 $3.00 $101,100.00 $0.75 $25,275.00 $0.00 $0.00 6 Miscellaneous Concrete Pavement SF 260 $63.00 $16,380.00 $8.48 $2,204.80 $48.00 $12,480.00 $7.50 $1,950.00 $7.50 $1,950.00 $21.35 $5,551.00 $18.00 $4,680.00 $19.00 $4,940.00 $2.00 $520.00 $0.00 $0.00 7 Finish Grading SF 33700 $0.80 $26,960.00 $1.20 $40,440.00 $0.47 $15,839.00 $3.61 $121,657.00 $2.50 $84,250.00 $1.03 $34,711.00 $0.70 $23,590.00 $2.00 $67,400.00 $0.85 $28,645.00 $0.00 $0.00 8 Area drain EA 3 $1,800.00 $5,400.00 $1,694.50 $5,083.50 $200.00 $600.00 $350.00 $1,050.00 $3,750.00 $11,250.00 $3,838.33 $11,514.99 $4,000.00 $12,000.00 $9,789.00 $29,367.00 $1,500.00 $4,500.00 $0.00 $0.00 9 Storm Pipe, HDPE, 6 "dia, (excavation, backfill) LF 65 $161.00 $10,465.00 $60.15 $3,909.75 $168.00 $10,920.00 $269.45 $17,514.25 $137.50 $8,937.50 $110.27 $7,167.55 $65.00 $4,225.00 $630.00 $40,950.00 $65.00 $4,225.00 $0.00 $0.00 10 Storm Pipe, HDPE, 12 "dia, (excavation, backfill) LF 220 $50.00 $11,000.00 $97.81 $21,518.20 $53.00 $11,660.00 $167.18 $36,779.60 $218.75 $48,125.00 $205.09 $45,119.80 $115.00 $25,300.00 $435.00 $95,700.00 $90.00 $19,800.00 $0.00 $0.00 11 Water Fountain - 1/2" Copper Water Pipe, (excavation, backfill) LF 150 $20.00 $3,000.00 $14.04 $2,106.00 $21.00 $3,150.00 $123.18 $18,477.00 $125.00 $18,750.00 $106.22 $15,933.00 $67.00 $10,050.00 $961.00 $144,150.00 $76.00 $11,400.00 $0.00 $0.00 12 Water Fountain - 2" PVC Sewer line, (excavation, backfill, cleanout)
LF 140 $20.00 $2,800.00 $34.72 $4,860.80 $22.50 $3,150.00 $133.14 $18,639.60 $125.00 $17,500.00 $175.41 $24,557.40 $135.00 $18,900.00 $797.00 $111,580.00 $70.00 $9,800.00 $0.00 $0.00 13 Connect to Ex. Catch Basin EA 1 $4,000.00 $4,000.00 $333.42 $333.42 $5,000.00 $5,000.00 $750.00 $750.00 $3,750.00 $3,750.00 $4,758.75 $4,758.75 $2,400.00 $2,400.00 $10,435.00 $10,435.00 $2,500.00 $2,500.00 $0.00 $0.00 14 Stabilized Decomposed Granite - 4' thick SF 13771 $3.00 $41,313.00 $6.50 $89,511.50 $4.00 $55,084.00 $4.00 $55,084.00 $3.88 $53,431.48 $3.64 $50,126.44 $4.25 $58,526.75 $5.00 $68,855.00 $3.20 $44,067.20 $0.00 $0.00 15 Enhanced Concrete Pavement SF 626 $20.00 $12,520.00 $8.42 $5,270.92 $21.00 $13,146.00 $6.50 $4,069.00 $20.00 $12,520.00 $34.16 $21,384.16 $16.85 $10,548.10 $25.00 $15,650.00 $26.00 $16,276.00 $0.00 $0.00 16 Concrete Pavement - Natural Gray SF 4637 $8.50 $39,415.00 $7.98 $37,003.26 $13.00 $60,281.00 $6.50 $30,140.50 $17.50 $81,147.50 $13.78 $63,897.86 $11.50 $53,325.50 $19.00 $88,103.00 $23.00 $106,651.00 $0.00 $0.00 17 Concrete Mowband - 6" LF 176 $50.00 $8,800.00 $28.57 $5,028.32 $74.00 $13,024.00 $25.00 $4,400.00 $41.25 $7,260.00 $47.73 $8,400.48 $30.00 $5,280.00 $103.00 $18,128.00 $30.00 $5,280.00 $0.00 $0.00 18 Concrete Mowband - 10" LF 578 $33.00 $19,074.00 $37.82 $21,859.96 $43.00 $24,854.00 $25.00 $14,450.00 $42.50 $24,565.00 $58.34 $33,720.52 $33.00 $19,074.00 $123.00 $71,094.00 $35.00 $20,230.00 $0.00 $0.00 19 Concrete Mowband - 10"x21" LF 137 $89.00 $12,193.00 $53.31 $7,303.47 $95.00 $13,015.00 $25.00 $3,425.00 $87.50 $11,987.50 $140.66 $19,270.42 $55.00 $7,535.00 $134.00 $18,358.00 $55.00 $7,535.00 $0.00 $0.00 20 ADA ramp Type C EA 1 $12,500.00 $12,500.00 $614.81 $614.81 $15,860.00 $15,860.00 $750.00 $750.00 $8,625.00 $8,625.00 $5,434.38 $5,434.38 $8,500.00 $8,500.00 $13,430.00 $13,430.00 $4,500.00 $4,500.00 $0.00 $0.00 21 Concrete Wheel Stop, 6 ft EA 2 $760.00 $1,520.00 $234.32 $468.64 $793.00 $1,586.00 $350.00 $700.00 $58.75 $117.50 $528.75 $1,057.50 $500.00 $1,000.00 $711.00 $1,422.00 $150.00 $300.00 $0.00 $0.00 22 Water Fountain EA 2 $8,300.00 $16,600.00 $11,788.50 $23,577.00 $8,658.00 $17,316.00 $8,750.00 $17,500.00 $8,750.00 $17,500.00 $8,225.00 $16,450.00 $8,400.00 $16,800.00 $15,010.00 $30,020.00 $6,350.00 $12,700.00 $0.00 $0.00 23 Trash Receptacle EA 2 $2,150.00 $4,300.00 $526.54 $1,053.08 $2,255.00 $4,510.00 $2,000.00 $4,000.00 $2,000.00 $4,000.00 $1,821.25 $3,642.50 $3,600.00 $7,200.00 $1,742.00 $3,484.00 $925.00 $1,850.00 $0.00 $0.00 24 Bench EA 6 $2,170.00 $13,020.00 $796.10 $4,776.60 $2,262.00 $13,572.00 $2,375.00 $14,250.00 $2,375.00 $14,250.00 $1,955.25 $11,731.50 $2,300.00 $13,800.00 $2,299.00 $13,794.00 $1,200.00 $7,200.00 $0.00 $0.00 25 Pet Waste Station EA 4 $820.00 $3,280.00 $871.19 $3,484.76 $858.00 $3,432.00 $875.00 $3,500.00 $875.00 $3,500.00 $814.69 $3,258.76 $1,700.00 $6,800.00 $1,009.00 $4,036.00 $500.00 $2,000.00 $0.00 $0.00 26 Chain-link Fence - 5ft Tall with Gate Openings LF 666 $80.00 $53,280.00 $51.05 $33,999.30 $75.00 $49,950.00 $135.00 $89,910.00 $137.50 $91,575.00 $76.38 $50,869.08 $140.00 $93,240.00 $87.00 $57,942.00 $56.00 $37,296.00 $0.00 $0.00 27 Chain-link Access Gate (Single Swing) EA 6 $520.00 $3,120.00 $840.92 $5,045.52 $1,500.00 $9,000.00 $1,450.00 $8,700.00 $1,875.00 $11,250.00 $1,175.00 $7,050.00 $1,700.00 $10,200.00 $3,950.00 $23,700.00 $1,200.00 $7,200.00 $0.00 $0.00 28 Chain-link Maintence Gate (Single Swing) EA 2 $1,500.00 $3,000.00 $516.93 $1,033.86 $2,000.00 $4,000.00 $3,500.00 $7,000.00 $1,875.00 $3,750.00 $1,762.50 $3,525.00 $1,700.00 $3,400.00 $5,530.00 $11,060.00 $750.00 $1,500.00 $0.00 $0.00 29 Signage LS 1 $4,500.00 $4,500.00 $5,500.00 $5,500.00 $4,758.00 $4,758.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $3,525.00 $3,525.00 $3,100.00 $3,100.00 $25,853.00 $25,853.00 $4,500.00 $4,500.00 $0.00 $0.00 30 Agility Course - Small Dog Area LS 1 $15,500.00 $15,500.00 $12,000.00 $12,000.00 $16,720.00 $16,720.00 $2,500.00 $2,500.00 $11,250.00 $11,250.00 $15,392.50 $15,392.50 $11,000.00 $11,000.00 $12,640.00 $12,640.00 $8,500.00 $8,500.00 $0.00 $0.00 31 Agility Course - Large Dog Area LS 1 $30,000.00 $30,000.00 $18,000.00 $18,000.00 $33,350.00 $33,350.00 $3,500.00 $3,500.00 $25,000.00 $25,000.00 $37,365.00 $37,365.00 $28,000.00 $28,000.00 $36,340.00 $36,340.00 $10,500.00 $10,500.00 $0.00 $0.00 32 Adjust Existing Irrigation System LS 1 $7,500.00 $7,500.00 $25,000.00 $25,000.00 $10,738.00 $10,738.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $4,700.00 $4,700.00 $4,350.00 $4,350.00 $6,320.00 $6,320.00 $4,500.00 $4,500.00 $0.00 $0.00 33 Irrigation Removal LS 1 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $4,758.00 $4,758.00 $7,500.00 $7,500.00 $3,750.00 $3,750.00 $2,937.50 $2,937.50 $3,750.00 $3,750.00 $10,270.00 $10,270.00 $1,000.00 $1,000.00 $0.00 $0.00 34 Backflow Preventer Testing LS 1 $2,500.00 $2,500.00 $4,000.00 $4,000.00 $5,408.00 $5,408.00 $196.88 $196.88 $437.50 $437.50 $411.25 $411.25 $1,350.00 $1,350.00 $553.00 $553.00 $3,000.00 $3,000.00 $0.00 $0.00 35 Irrigation System - Complete LS 1 $32,400.00 $32,400.00 $65,000.00 $65,000.00 $39,520.00 $39,520.00 $2,625.00 $2,625.00 $15,625.00 $15,625.00 $14,687.50 $14,687.50 $23,700.00 $23,700.00 $19,750.00 $19,750.00 $25,000.00 $25,000.00 $0.00 $0.00 36 Recycled Water Purple Sign EA 2 $910.00 $1,820.00 $266.00 $532.00 $955.00 $1,910.00 $475.00 $950.00 $475.00 $950.00 $446.50 $893.00 $450.00 $900.00 $600.00 $1,200.00 $600.00 $1,200.00 $0.00 $0.00 37 Tree - 24" Box EA 9 $410.00 $3,690.00 $206.00 $1,854.00 $504.00 $4,536.00 $437.50 $3,937.50 $437.50 $3,937.50 $411.25 $3,701.25 $1,100.00 $9,900.00 $553.00 $4,977.00 $250.00 $2,250.00 $0.00 $0.00 38 Turf Replacement (seeds) SF 13055 $3.50 $45,693.00 $3.23 $42,167.65 $2.20 $28,721.00 $0.62 $8,094.10 $0.63 $8,224.65 $0.59 $7,702.45 $1.20 $15,666.00 $1.00 $13,055.00 $12.00 $156,660.00 $0.00 $0.00 39 Root Barrier LF 380 $18.00 $6,840.00 $3.25 $1,235.00 $18.00 $6,840.00 $18.05 $6,859.00 $13.75 $5,225.00 $12.93 $4,913.40 $20.00 $7,600.00 $17.00 $6,460.00 $7.00 $2,660.00 $0.00 $0.00 40 Soil Amendment SF 1118 $4.50 $5,031.00 $5.13 $5,735.34 $6.50 $7,267.00 $3.55 $3,968.90 $2.50 $2,795.00 $2.61 $2,917.98 $4.50 $5,031.00 $3.00 $3,354.00 $2.00 $2,236.00 $0.00 $0.00 41 Mulch - 3" Depth CY 11 $183.00 $2,013.00 $178.88 $1,967.68 $330.00 $3,630.00 $200.00 $2,200.00 $200.00 $2,200.00 $188.00 $2,068.00 $350.00 $3,850.00 $253.00 $2,783.00 $120.00 $1,320.00 $0.00 $0.00 42 Plant Establishment and Maintenance Period (90 days) LS 1 $15,000.00 $15,000.00 $5,000.00 $5,000.00 $15,704.00 $15,704.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $4,700.00 $4,700.00 $5,500.00 $5,500.00 $6,320.00 $6,320.00 $8,500.00 $8,500.00 $0.00 $0.00 $656,472.00 $632,071.14 $715,139.00 $621,229.33 $795,708.13 $696,099.42 $716,306.35 $1,497,143.00 $674,531.20 $814,000.00 $749,118.25GRAND TOTAL = Estate Design and Construction
IncMontebello Dog Park Estimate

GENERAL
Aguilar & Calderon Corp.

Ramco, General
Engineering
Contractors Inc
Victorious Red We R Builders, IncAl's Engineering Inc. Axiom Group Bid C.S. Legacy Construction Inc
California Landscape
& Design Inc MBC Enterprises Inc

ATTACHMENT B

ITEM # 21

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: ADOPT RESOLUTION NO. 24-77 AUTHORIZING USE OF FUNDING

FROM THE SOUTHERN CALIFORNIA ASSOCIATION OF

GOVERNMENTS (SCAG) REGIONAL EARLY ACTION PLANNING
GRANT PROGRAM OF 2021 FOR THE MONTEBELLO

TRANSFORMATIVE CORRIDORS ENHANCED INFRASTRUCTURE

FINANCING DISTRICT (EIFD) FEASIBILITY STUDY

DATE: November 13, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 24-77 authorizing participation in the Southern California Association of Governments (SCAG) Regional Early Action Planning Grant Program of 2021 for the Montebello Transformative Corridors Enhanced Infrastructure Financing District (EIFD) Feasibility Study; and

2. Authorize the City Manager to execute an agreement and all necessary documents related to the Southern California Association of Governments (SCAG) Early Action Planning Grant Program of 2021 for the Montebello Transformative Corridors Enhanced Infrastructure Financing District (EIFD) Feasibility Study; and

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

FISCAL IMPACT:

The Southern California Association of Governments (SCAG) Early Action Planning Grant Program of 2021 has made funding available in the amount of $190,000 to be used for the Montebello Transformative Corridors Enhanced Infrastructure Financing District (EIFD) Feasibility Study. The consultant for this work will be procured by SCAG. This is an "in-kind" grant award. The City will not receive funds from this grant; however, SCAG will procure the consultant for this study and work in the amount up to $190,000 will be

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

conducted to produce the EIFD Feasibility Study. Therefore, no budget amendment is needed.

BACKGROUND/DISCUSSION:

The SCAG empowers Southern California jurisdictions to work toward regional solutions by facilitating resources and opportunities for local engagement, capacity building and technical assistance, and strategic support and investment in the region’s most impacted communities.

The Regional Early Action Planning Grant Program of 2021 (“REAP 2.0”) was established as part of the 2021 California Comeback Plan under AB140 to confront the statewide housing affordability crisis. The program is designed to implement SCAG’s Connect SoCal Plan by supporting integrated and transformative planning and implementation activities that realize the region’s mobility, land use, housing, and environmental goals. REAP 2.0 provides a $600 million investment statewide to advance implementation of adopted regional plans by funding planning and development activities that accelerate infill housing and reductions in per capita vehicle miles traveled (VMT).

In mid-2023, the State of California Housing and Community Development (HCD) Department awarded SCAG a total of $246 million to develop programs that further REAP 2.0 objectives. All projects funded by REAP 2.0 must meet its primary objectives, which are to accelerate infill housing development, reduce VMT, increase housing supply to all affordability levels, and facilitate the implementation of adopted regional and local plans to achieve these goals.

To meet these objectives, the City of Montebello Planning and Community Development Department submitted the Montebello Transformative Corridors Project (the “Project”) which seeks to create healthy, resilient, and economically prosperous communities that elevate quality of life, enhance the local economy, and build accessibility to affordable housing and the regional transit network. Anchored by Montebello’s major commercial corridors of Whittier Blvd. Beverly Blvd., and Washington Blvd, the Project will explore the feasibility of creating an Enhanced Infrastructure Financing District (EIFD) through a tax increment financing model to finance and support future infrastructure and housing developments.

ENVIRONMENTAL:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Moreover, the activity is not a project as defined in Section 15378 pursuant to CEQA Guidelines Section 15060(c)(3); Additionally, the activity is covered by the general rule or common sense exemption that CEQA applies only to projects which have the potential for causing significant effects on the environment pursuant to CEQA Guidelines Section 15061(b)(3). This item is exempt from CEQA based on these facts and the fact that this item will not result in any significant adverse effects on the environment.

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

ANALYSIS:

The Project supports the newly approved Citywide 2040 General Plan, the Downtown Montebello Specific Plan, and the 2024-2027 Economic Prosperity Action Plan. The Project will also facilitate a discussion of future housing development needs consistent with the City’s Housing Element.

The Project, through the EIFD feasibility analysis, seeks to promote compact, mixed- uses, and pedestrian-friendly commercial corridors to ensure access to resources for infrastructure, housing, and economic development along the commercial corridors.

SCAG will manage the procurement process and contracts in addition to oversight of a technical consultant that will review and analyze data and information and community engagement related to the feasibility study. The funding must be expended by the Summer of 2026.

The Project will include a substantive community engagement program. The Project’s consultant will design a public outreach plan that will address language accessibility, culturally sensitive outreach materials, and technological access. The outreach plan shall attempt to inform community stakeholders of the challenges and opportunities involved with instituting a “value capture” tool like an EIFD.

Additionally, the outreach plan shall create educational materials that inform the public how the recently approved Citywide General Plan, the Downtown Montebello Specific Plan, and the 2024-2027 Economic Prosperity Action Plan serve to guide a vision for in- fill and density-driven community and economic development.

SUMMARY:

REAP 2.0 was established as part of the 2021 California Comeback Plan under AB140 to confront the statewide housing affordability crisis. The program is designed to implement SCAG’s Connect SoCal Plan by supporting integrated and transformative planning and implementation activities that realize the region’s mobility, land use, housing, and environmental goals.

In mid-2023, the State of California Housing and Community Development Department awarded SCAG a total of $246 million to develop programs that further REAP 2.0 objectives. All projects funded by REAP 2.0 must meet its primary objectives, which are to accelerate infill housing development, reduce VMT, increase housing supply to all affordability levels, and facilitate the implementation of adopted regional and local plans to achieve these goals.

The City of Montebello Planning and Community Development Department submitted the Montebello Transformative Corridors Project which seeks to create healthy, resilient, and economically prosperous communities that elevate quality of life, enhance the local economy, and build accessibility to affordable housing and the regional transit network. Anchored by Montebello’s major commercial corridors of Whittier Blvd. Beverly

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

Blvd., and Washington Blvd, the Project will explore the feasibility of creating an Enhanced Infrastructure Financing District through a tax increment financing model to finance and support future infrastructure and housing developments.

The Project will include a substantive community engagement program. The Project’s consultant will design a public outreach plan that will address language accessibility, culturally sensitive outreach materials, and technological access. The outreach plan shall attempt to inform community stakeholders of the challenges and opportunities involved with instituting a “value capture” tool like an EIFD.

The recommended actions will allow the City to utilize up to $190,000 in "in-kind" grant funding from SCAG to develop the EIFD Feasibility Study.

ATTACHMENT(S)

1. ATTACHMENT A - RESOLUTION NO. 24-77 SCAG EIFD (FINAL)

ATTACHMENT A
RESOLUTION NO. 24-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, AUTHORIZING THE RECEIPT OF

FUNDING FROM THE SOUTHERN CALIFORNIA ASSOCIATION
OF GOVERNMENTS’ REGIONAL EARLY ACTION PLANNING
GRANT PROGRAM OF 2021 FOR THE MONTEBELLO

TRANSFORMATIVE CORRIDORS ENHANCED INFRASTRUCTURE

FINANCING DISTRICT FEASIBILITY STUDY IN THE AMOUNT OF
$190,000
WHEREAS, the Regional Early Action Planning Grant Program of 2021 (“REAP

2.0”) was established by the California State Legislature as part of the 2021 California Comeback Plan under AB 140 to confront the statewide housing affordability crisis by building and expanding on the success of the REAP 2019 program by integrating housing and climate goals and allowing for broader planning and implementation investments to facilitate housing supply, choice, and affordability;
WHEREAS, REAP 2.0 funded activities must meet the program objectives, which are to accelerate infill development that facilitates housing supply, choice and affordability; affirmatively further fair housing; and reduce vehicle miles traveled. Further, all residential development must be in areas meeting the definition for “in-fill” provided in the REAP 2.0 state guidelines.

WHEREAS, the Southern California Association of Governments (“SCAG”), in an effort to implement these objectives region wide, issued a call for applications under the Projects to Accelerate Transitional Housing (”PATH”) Program; and WHEREAS, SCAG, in response to the call for applications, intends to award $190,000 to the City of Montebello (the “City”) to complete the Montebello Transformative Corridors Enhanced Infrastructure Financing District (“EIFD”) Feasibility Study project (the “Project”);
WHEREAS, SCAG will manage the procurement process and contracts in addition to oversight of a technical consultant that will review and analyze data and information and community engagement related to the feasibility study.

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

ATTACHMENT A
SECTION 1.The City Council hereby authorizes the City to participate in the Southern California Association of Governments Regional Early Action Planning Grant Program of 2021 for the Montebello Transformative Corridors Enhanced Infrastructure Financing District Feasibility Study and receipt of funds in the amount of $190,000.

SECTION 2.The City Council also authorizes the City Manager to execute an agreement and all necessary documents related to the Southern California Association of Governments Early Action Planning Grant program of 2021 for the Montebello Transformative Corridors Enhanced Infrastructure Financing District Feasibility Study in the amount of $190,000; and
SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this resolution.

APPROVED AND ADOPTED THIS 13th DAY OF NOVEMBER 2024.
_____________________________
Scarlet Peralta, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

ATTACHMENT A
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24-77 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 13th of November 2024 and that said Resolution was adopted by the following vote:

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

ITEM # 22

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: APPROVE THE SECOND AMENDMENT TO COMMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 23-19

DATE: November 13, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve a Second Amendment to Cannabis Business Development Agreement No. 23-19 (“Second Amendment”) to allow a change of business name and ownership for cannabis business located at 7733 Telegraph Road, in a form approved by the City Attorney’s Office; and

2. Adopt findings contained herein exempting the Second Amendment from further California Environmental Quality Act (CEQA) review under CEQA Sections 15301 and 15061 and direct staff to prepare and file the applicable Notice of Exemption for the project recommended for approval; and

3. Take such additional, related action that may be desirable, and/or provided the City Attorney's office and/or staff with additional or alternative directive(s).

FISCAL IMPACT:

The recommended action will not have any new fiscal impact on the City.

BACKGROUND/DISCUSSION:

On September 13, 2017, the City adopted Ordinance No. 2399 adding Chapter 5.90 entitled “Commercial Cannabis Activities” which established regulations pertaining to the City’s Commercial Cannabis Program. The ordinance specifies that approval of a Conditional Use Permit and Development Agreement are required prior to any business operating Cannabis Cultivation, Manufacturing, Distribution, Non-Storefront Retail

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

Delivery, and Testing activity, in the City of Montebello.

On June 12, 2018, the City adopted Ordinance No. 2404 adding Delivery-Only retailers along with Cultivation, Manufacturing, and Testing as conditionally approved activities/uses in the M-1 and M-2 zones with a Development Agreement (DA) and also adding a sensitive use buffer of 600-feet from residential zones.

On February 13, 2019, the City Council held a public hearing and recommended the selection of potential cannabis operators for Phase 3 consideration and adoption of fees.

The City Council selected 21 potential operators and established a Conditional Use Permit filing due date of March 4, 2019, for said operators.

One of the selected operators was Blue Basil, LLC (“Applicant”), who on September 30, 2019, submitted CUP application No. 23-19 to allow the operation of commercial cannabis Manufacturing, Distribution, and Non-Storefront Retail Delivery at 7733 Telegraph Road (“Project Site”) in the M-2 (Heavy Manufacturing) zone.

After conducting a duly notice Conditional Use Permit hearing on October 15, 2019, in conjunction with the City’s applicable ordinances and resolutions, the Planning Commission reviewed, considered and approved CUP 23-19 under Resolution No. 40-19 that authorized cannabis Manufacturing, Distribution, and Non-Store Front Retail Delivery at the Project Site.

Following the Planning Commission’s approval of CUP 23-19, on December 18, 2019, the City Council approved the execution of Commercial Cannabis Business Development Agreement No. 23-19 between the City of Montebello and Blue Basil, LLC.

Pursuant to Article 22 of the Development Agreement, “Amendment or Cancellation,” a Development Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the Parties of the Development Agreement or their successors in interest.

Consistent with Article 22 of the Development Agreement, on March 16, 2021, the Planning Commission approved Conditional Use Permit No. CUP23-19-M1 for a modification to existing Conditional Use Permit No. 23-19 authorizing the expansion of cannabis operations and indoor cultivation to the previously approved cannabis manufacturing, distribution, and non-storefront retail delivery activities.

Following the Planning Commission’s approval of CUP Amendment No. 23-19-M1, on July 28, 2021, the City Council reviewed, considered, and approved a First Amendment to Commercial Cannabis Development Agreement No. 23-19 to expand their operations and add the commercial cannabis activity of cultivation.

ENVIRONMENTAL:

The California Environmental Quality Act (“CEQA”) requires public agencies to analyze and consider the impacts a “project” may have on the environment. A project is only subject to CEQA if the project requires a discretionary decision by the public agency. The

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

required level of review depends on the probability and intensity of project related impacts. Additionally, a project may be exempt from CEQA review if the project qualifies for a categorical exemption.

City staff determined that the Project is Categorically Exempt per §15301 - Class 1 (Existing Facilities), as defined in CEQA Guidelines. This section specifically applies to small additions, expansions or alterations to existing structures where there is negligible or no expansion of the existing or former use. The activities anticipated in the Second Amendment to the Development Agreement can be exempted from further environmental review as the proposed Amendment does not include any alterations to the subject property and does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Furthermore, pursuant to the provisions of Section 15061(b)(3) of the CEQA Guidelines, the Second Amendment to the Development Agreement is considered covered by the commonsense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed Second Amendment to the Development Agreement does not have the potential to degrade the quality of the environment or have a significant effect on the environment as the request consists of only a change of business name and change of ownership.

Therefore, Staff recommends that the City Council adopt these findings exempting the Second Amendment to the Development Agreement from further CEQA review and direct staff to file a Notice of Exemption. In this regard, a Notice of Exemption from CEQA for the development agreement has been prepared pursuant to CEQA (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, §15000 et seq.) prior to the City Council’s consideration for approval.

ANALYSIS:

Ordinance No. 2399 established a process by which Commercial Cannabis related development agreements could be considered, approved and amended depending on the requested change. Specifically, Article 19 of the Development Agreement, “Assignment by Owner,” prohibits the transfer, delegation, sublet or assignment by Owner of any portion of Owner’s interests, rights, duties, and obligations described in Development Agreement without prior written consent and approval by the City, as required under Montebello Municipal Code Chapters 5.90 and 17.71.

In accordance with the terms of the Development Agreement, in July 2024, Christina D’ Angelo on behalf of Blue Basil, LLC submitted an Amendment Application to modify Development Agreement No. 23-19 with the intent to transfer, sell and assign 100% of its interest to the Development Agreement and Conditional Use Permit to Michelle Zhen of ARMT Corporation (“Owner”), becoming 100% owner of the Development Agreement and

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

Conditional Use Permit.

Presently, Owner has a lease hold interest in real property considered in Development Agreement No. 23-19, located at 7733 Telegraph Road, in the City of Montebello. The project site consists of a single parcel approximately 174,240 square feet (4.02 acres) and is improved with a one-story industrial building measuring approximately 79,000 square feet. The business owner currently occupies the entire building for the purpose of conducting the previously approved commercial cannabis activity, including Manufacturing, Distribution, Cultivation, and Non-Storefront Retail Delivery.

As part of this amendment request, the applicant does not propose any building modifications or exterior improvements. The request consists of only a change of business name and a change of ownership.

Table 1 below, illustrates the proposed Second Amendment Request to Commercial Cannabis Development Agreement No. 23-19.

TABLE 1 – Proposed Modifications
DA # Current
Business/Applicant
Name
Type of Change

Proposed
Business/Applicant Name

23-19 Blue Basil, LLC; Christina
D’Angelo
Change of Ownership and Change
of Business Name
ARMT Corporation;
Michelle Zhen

The Applicant has submitted a complete application seeking a Second Amendment to Development Agreement No. 23-19 for a transfer of ownership and change of business name. In addition to the application, all required materials, information and requisite fees related to the amendment request have been provided. City staff has reviewed the application and determined that it has met the minimum requirements set forth in Chapter

5.90 of the Montebello Municipal Code.

If approved, the applicant will be required to comply fully with the terms of Conditional Use Permit No. 23-19 and Development Agreement No. 23-19, including the conditions of approval and state and local regulations.

SUMMARY:

Based on the analysis provided in this report, City staff recommends that the City Council approve the Second Amendment to Development Agreement No. 23-19 to allow a change of business name from Blue Basil, LLC to ARMT Corporation and a change of ownership to reflect Michelle Zhen as the owner of ARMT Corporation, for commercial cannabis business located at 7733 Telegraph Road. The project contemplated by the Development Agreement is exempt from environmental review pursuant to Sections 15301 and 15061 of the CEQA guidelines.

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

ATTACHMENT(S)

1. Attachment A - Amendment No. 2 to Agreement No. 3718

ARMT CORPORATION City of Montebello
NO. 23-19 Second Amendment to DA 23-19

CITY OF MONTEBELLO
AMENDMENT NO. 2 TO AGREEMENT NO. 3718
CO
MMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 23-19 T
HIS AMENDMENT NO. 2 TO AGREEMENT NO. 3718 , COMMERCIAL CANNABIS DEVELOPMENT AGREEMENT NO. 23- 19 (the “ Second Amendment”) is entered into this _____ day of November , 2024, by and between the CITY OF MONTEBELLO (“City”), a California municipal corporation, BLUE BASIL , LLC ("Assignor/Owner"), a California limited liability company, and ARMT CORPORATION (“Assignee/New Owner”), a California corporation. City, Assignor/Owner and Assignee/New Owner are sometimes referenced together herein as the “Parties” or individually as a “Party.” The P
arties hereby jointly render the following statement as to the background facts and circumstances underlying this Second Amendment.

RECITALS
A. W
HEREAS, on September 13 , 2017, Ordinance No. 2399 and No. 2400 came into effect authorizing specified commercial cannabis activities within the City of Montebello, in strict compliance with Applicable Cannabis Laws, under specified conditions and provisions ; and
B. W
HEREAS, on June 1 2, 2018, Ordinance No. 2404 and No. 2405 came into effect amending specified commercial cannabis activities authorized by Ordinance No. 2399 and No. 2400 within the City of Montebello, in strict compliance with Applicable Cannabis Laws, under specified conditions and provisions; and
C. W
HEREAS, no such commercial cannabis activities are allowed or authorized i n t
he City without a Conditional Use Permit, a Development Agreement, and all requirements pursuant to Montebello Municipal Code Chapters 5.90 and 17.71; and D. W
HEREAS, on September 30, 2019 , Owner, as predecessor -in-interest to New Owner and lessee of property located at 7733 Telegraph Road (APN: 6354- 028-0334) in the City of Commerce (“Property ” or “Site ”), applied to this City for a Conditional Use Permit (hereinafter "CUP”) to conduct commercial cannabis activities; and E. W
HEREAS, after conducting a duly noticed CUP hearing on October 15, 2019, in c
onjunction with the City’s applicable ordinances and resolutions, the Planning Commission of the City reviewed, considered and approved environmental clearance and approved the execution of CUP No. 23-19; and
F. W
HEREAS, on December 18, 2019, the City Council of the City of Montebell o a
pproved the execution of “COMMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 23 -19 BETWEEN THE CITY OF MONTEBELLO AND BLUE BASIL , LLC (the “Original Development Agreement”); and
G. W
HEREAS, Article 22 of the Original Development Agreement, “Amendment or Cancellation,” provides that a Development Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the Parties of the Development Agreement or

ATTACHMENT A

ARMT CORPORATION City of Montebello
NO. 23-19 Second Amendment to DA 23-19
their successors in interest; and

H. WHEREAS, on March 16, 2021, the Planning Commission approved C UP No.

CUP23-19-M1 for a modification to existing C UP No. 23- 19, authorizing the expansion of cannabis operations and indoor cultivation to the previously approved cannabis manufacturing, distribution, and non-storefront retail delivery activities; and

I. WHEREAS, on July 28, 2021, the City Council reviewed, considered, and approved First Amendment to Commercial Cannabis Development Agreement No. 23-19 (“First Amendment”) to expand their operations and add the commercial cannabis activity of cultivation. The Original Development Agreement and First Amendment shall herein be referred to as the (“Development Agreement”); and

J. WHEREAS, Article 19 of the Development Agreement, “Assignment by Owner,” prohibits the transfer, delegation, sublet or assignment by Owner of any portion of Owner’s interests, rights, duties, and obligations described in Development Agreement without prior written consent and approval by the City, as required under Montebello Municipal Code Chapters 5.90 and 17.71; and

K. WHEREAS, pursuant to Article 19 of the Development Agreement, the proposed transferee is required to show proof of lawful possession or transfer of possession of the applicable location, and assume all interests, rights, duties and obligations in the CUP; and

L. WHEREAS, it is the intention of BLUE BASIL, LLC, as Assignor, to transfer, sell and assign 100% of its interest to the Development Agreement and CUP to ARMT Corporation as Assignee, becoming 100% owner of the Development Agreement and CUP, with the legal limitations that the CUP runs with the land, here, specifically, with real property as discussed herein; and

M. WHEREAS, Assignor desires to assign, and Assignee desires to assume, all assignable interests, benefits, rights, duties and obligations under the Development Agreement and the CUP; and

N. WHEREAS, in accordance with the terms of the Development Agreement, including Article 19, Owner/Assignor and Assignee have provided to the City of Montebello a written application form for a modification to the Development Agreement and CUP for City’s consent to change the business name and assignment and change of ownership. The City has received application for modification materials, information and requisite fees it deems sufficient, appropriate and complete for the purpose of determining that Assignee is a qualified applicant for purposes of the foregoing terms of the Development Agreement and the CUP, including showing the requisite proof of lawful transfer and holding of legal or equitable interest in real property considered in the Development Agreement and CUP, located at 7733 Telegraph Road with Assessor Parcel Number 6354-028-0334; and

O. WHEREAS, this Second Amendment is intended to meet the requirements of Article 19 of the Development Agreement and applicable Montebello Municipal Code provisions regulating an assignment and assumption agreement between Assignor and Assignee, and is executed with the consent of City of Montebello as contemplated in the Development Agreement; and

P. WHEREAS, on November ___, 2024 the City Council of the City of Montebello

ARMT CORPORATION City of Montebello
NO. 23-19 Second Amendment to DA 23-19
reviewed, considered, and approved this SECOND AMENDMENT TO, AND ASSIGNMENT AND ASSUMPTION OF, COMMERCIAL CANABIS DEVELOPMENT AGREEMENT NO. 23-19, by and between the CITY OF MONTEBELLO , Assignor BLUE BASIL , LLC ("Owner"), a California limited liability company, and Assignee ARMT CORPORATION , a California corporation; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree to Amend the Agreement as follows:

AMENDMENTS

Section 1: Recitals.

The Recitals are true and correct and are hereby incorporated into and made a part of this Second Amendment. In the event of any inconsistency between the Recitals and the provisions of this Second Amendment, herein below, said provisions of this Second Amendment shall prevail.

Section 2: Assignment and Assumption of Development Agreement and Corresponding Conditional Use Permit.

2.1. Assignor hereby assigns, transfers, and conveys to Assignee all of Assignor’s rights, interest, benefits, duties, burdens and obligations under the Development Agreement and the Conditional Use Permit (also referred herein as “Assignable Rights”).

2.2. Assignee hereby assumes all of the rights, interests, benefits, duties, burdens and obligations of Assignor under the Development Agreement and Conditional Use Permit, and agrees to observe and fully perform all of the duties and obligations of Assignor under the Development Agreement, and respective Conditional Use Permit, and to be subject to all the terms and conditions thereof, with respect to the Property and Assignable Rights. It is the express intention of Assignor and Assignee that, upon the execution of this Second Amendment, Assignee shall become substituted for Assignor as the “Owner” under the Development Agreement and the corresponding Conditional Use Permit in relation to the Property.

2.3 The City finds that Assignee is a qualified applicant for the purposes of assuming the Development Agreement and CUP, and hereby consents to the assignment of the Development Agreement and CUP from Assignor to Assignee and the assumption of the Development Agreement and CUP by Assignee.

2.4. The Second Amendment shall take effect and be binding only upon the City of Montebello City Council’s consent to and approval of the Second Amendment, and as further outlined hereinbelow under Section 5.

2.5. Assignee represents and warrants that it has reviewed and is familiar with the terms and conditions of the Development Agreement and the Conditional Use Permit. Assignee acknowledges that the Assignable Rights are as set forth within the Development Agreement, the Conditional Use Permit, and the duties of Assignor thereunder and the duties of Assignee

ARMT CORPORATION City of Montebello
NO. 23-19 Second Amendment to DA 23-19
hereunder, as between Assignee and the City, shall be without reference to any underlying agreements or understandings that may exist between Assignee, Assignor, or any other party with respect to the subject matter hereof, and that the City is not party to such other agreements.

2.6. All the covenants, terms, and conditions set forth herein shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns.

2.7. Exhibits: Assignee has caused the re- execution, re- incorporation, and/or submittal of the following Exhibits, which are deleted in their entirety from the Development Agreement and are incorporated herein by this reference and shall be inserted in lieu thereof.

2.6.a. Exhibit D: Recorded Grant Deed or Executed Lease Agreement

2.6.b. Exhibit E: Property Owner Signed and Notarized Consent Form

2.6.c. Exhibit F: Conditions of Approval

2.6.d. Exhibit G: Labor Peace Agreement or Notarized Statement of Intent

Section 3: Amendments to Development Agreement . The following articles, sections, paragraphs or portions of the Development Agreement are hereby amended in their entirety to read as follows:

3.1. Section 2.b. Government Code and Municipal Code Required Elements; Owner and Other Person with Legal or Equitable Interest.

Owner: ARMT CORPORATION
Nature of Interest: Lease for five (5) years.

A true and correct copy of a recorded grant deed, or executed lease agreement, is attached hereto as Exhibit D, and incorporated herein by this reference.

If Owner is not the fee simple owner of the Site, check box below:

[ x ] Owner represents and warrants that the property owner has consented in writing to the execution of this Agreement against the Site. [See also attached Property Owner Signed and Notarized Consent Form wherein the property owner has acknowledged reading Montebello Municipal Code Chapters 5.90 and 17.71, incorporated herein by this reference (Exhibit E).]

3.2. Section 6.c. Community Relations, Employment, and Wages; Designation of Community Relations Liaison.

Pursuant to Montebello Municipal Code Chapters 5.90 and 17.71, including, Commerce Municipal Code Section 5.61.300, at the time of this Second Amendment, Owner’s day -to-day operations manager, Michelle Zhen, will be responsible for community inquiries and complaints and on- site management during normal business hours.

3.3. Section 6.d. Community Relations, Employment, and Wages; Interface with Montebello Municipal Code / Inspections.

ARMT CORPORATION City of Montebello
NO. 23-19 Second Amendment to DA 23-19
Owner’s day -to-day operations manager, and/or the Owner’s Community Relations Liaison, Michelle Zhen, will interface with the Montebello Police Department’s assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Montebello Police Department’s assigned designee acting at the City Manager’s request and per his or her specific and limiting instructions, shall have the right to enter all portions of the Site from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and Applicable Cannabis Laws, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City.

__________ Owner’s Initials

3.4. Section 13. Defaults and Remedies; Release.

c. Release. Except for those remedies set forth in Subsections 13(a), 13(b), and 13(c), Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.

Owner acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact notwithstanding, Owner agrees that the release provided in this Subsection 13(c) shall apply to such unknown or unknowable claims and damages. Without limiting the generality of the foregoing, Owner acknowledges the provisions of California Civil Code Section 1542, which provide:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Owner hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect.

__________ Owner’s Initials

3.5. Section 21. Notices.

Any notice or communication required hereunder between City and Owner must be in writing, and may be given either personally, by registered or certified mail

ARMT CORPORATION City of Montebello
NO. 23-19 Second Amendment to DA 23-19
(return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notices, properly addressed, with postage prepaid, is deposited in the United States mail.

If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any party hereto may at any time, by giving then (1) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given.

Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Montebello
1600 W. Beverly Boulevard
Montebello, California 90640
Attention: City Manager

With a copy to: City Attorney
13181 Crossroads Parkway North
Suite 400 – West Tower
City of Industry, California 91746

If to Owner: Michelle Zhen
ARMT Corporation
7733 Telegraph Road
Montebello, CA 90640

Section 4: Effect of Second Amendment and Continued Effectiveness of Development Agreement. Except as expressly modified herein, the Development Agreement shall remain in full force and effect, and all the terms and provisions of the Development Agreement are hereby reaffirmed. The provisions of this Second Amendment are severable and separate, and should a legal challenge be brought challenging the Second Amendment, including but not limited to, an action or proceeding – in equity or in law – such challenge shall in no way affect or impact the continued validity and existence of the Development Agreement.

Section 5: Effective Date. “Second Amendment Effective Date” means the date on which all of the following are true: (i) this Second Amendment has been signed by all Parties; (ii) the new applicant Owners have cleared all background check(s), and any related background verification(s), consistent with, and as required by, the City ’s laws and policies; (iii) all complete information and documentation supporting the application for this Second Amendment have been submitted to the City; and (iv) Exhibits to this Second Amendment are finalized, and same have been provided, however, that if these conditions have not been fully satisfied by the Owner and/or Assignee/New Owner, the Effective Date may not thereafter occur and this Second Amendment may not thereafter become effective.

ARMT CORPORATION City of Montebello
NO. 23-19 Second Amendment to DA 23-19
Section 6: Authority to Sign. Each Party or responsible officer or governing body therefore, has read this Second Amendment and understands and knows the contents thereof, and represents and warrants that each of the officers, members, or agents executing this Second Amendment on behalf of their respective corporations, partnerships, or other organizations is authorized and empowered to do so and hereby binds the respective corporation, partnership, or other organization.

IN WITNESS HEREOF, the Parties hereto have executed this Second Amendment as of the dates herein below.

[Signature Page Follows]

ARMT CORPORATION City of Montebello
NO. 23-19 Second Amendment to DA 23-19

CITY OF MONTEBELLO BLUE BASIL, LLC
“City” “Assignor/Owner”

___________________________ __________________________ Scarlet Peralta Christina D’Angelo
Mayor Member and Managing Member

Date:_______________________ Date:______________________

ARMT CORPORATION
“Assignee/New Owner”

__________________________
Michelle Zhen
Owner and Managing Member

Date: _____________________

APPROVED AS TO FORM:

__________________________
Arnold M. Alvarez-Glasman
City Attorney

Date:__________________

ITEM # 23

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: AUTHORIZE RECEIPT OF GRANT AWARD FROM DEPARTMENT OF JUSTICE PROPOSITION 56 TOBACCO GRANT AWARD FUNDING

DATE: November 13, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve the acceptance of $317,181 in grant funds awarded to the City by the Department of Justice (DOJ) Proposition 56 Tobacco Grant program; and

2. Authorize the City Manager to negotiate and execute any documents or agreements, and any amendments thereto, necessary for the City’s participation in the Proposition 56 Tobacco Grant program; and

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $317,181 in Account No. 251-50-531-5000.10 (Tobacco Grant Program, Community Development, Tobacco Grant Program, Regular Salaries [expenditures]) and $317,181 in Account No. 251-99-4198.50 (Tobacco Grant Program, Miscellaneous Grants, Tobacco Grant Program [revenue]); and

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

FISCAL IMPACT:

The City of Montebello was awarded $317,181 through the Fiscal Year 2024-25 Tobacco Grant Program (Attachment A). There is no matching funds requirement for this grant.

The total approved project budget is $317,181, which will fund enforcement activities over a three-year period. These activities include illegal sales and marketing enforcement, retailer inspections, undercover operations, and retailer education.

Accepting the grant award requires amending the Fiscal Year 2024-25 budget by increasing appropriations by $317,181 in Account No. 251-50-531-5000.10 (Tobacco Grant Program, Community Development, Tobacco Grant Program, Regular Salaries

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

[expenditures]) and $317,181 in Account No. 251-99-4198.50 (Tobacco Grant Program, Miscellaneous Grants, Tobacco Grant Program [revenue]). This amount will cover the entire three-year period of the grant. The grant operates on a reimbursement basis, meaning the City will incur eligible expenses and submit them for reimbursement over the three-year grant term. The proposed budget for each of the three award years is presented below:

FY 2024-
25 FY 2025-
26 FY 2026-
27 TOTAL
$95,897 $105,528 $115,756 $317,181

BACKGROUND/DISCUSSION:

In 2016, California voters approved Proposition 56 which increased taxes on cigarettes and other tobacco products by $2.00 beginning in April 2017. A grant program was established for local governments that was to be administered by the California Department of Justice (DOJ). The grant funds are intended to support local efforts to reduce the illegal sale of tobacco products to minors in addition to enforcement efforts.

The grant funds are intended to support local efforts to reduce the illegal sale of tobacco products to minors in addition to enforcement efforts including retailer compliance checks, enforcement of flavor ban laws/ordinances, consumer protection enforcement, illegal online sales and marketing, including use of door-to-door delivery services, retailer training programs, public education outreach, and tobacco retail license inspections.

The City of Montebello Planning and Community Development Department submitted a grant application on June 20, 2024. The grant package outlined total expenditures of $95,897 for Fiscal Year 2024-25, $105,528 for FY 2025-26, and $115,756 for FY 2026- 27, for a total of $317,181.

Staff received the Tobacco Grant Award Notification from the DOJ, dated October 16, 2024, approving the City’s grant application request for $317,181 Attachment A). This item serves in fulfilling the DOJ requirements for the Tobacco Grant Program to accept the approved award. When acceptance of the award has been approved, staff will complete the DOJ Tobacco Grant Memorandum of Understanding (MOU) and the City may begin submitting to the DOJ for reimbursement of Tobacco Grant activities (Attachment B).

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

SUMMARY:

The City of Montebello has been awarded $317,181 in grant funding from the California Department of Justice's Fiscal Year 2024-25 Tobacco Grant Program. This funding will support enforcement activities related to illegal sales and marketing of tobacco products, including retailer inspections and undercover operations over a three-year period. Staff is recommending acceptance of this grant award and amending the Fiscal Year 2024-25 budget by increasing appropriations by $317,181 in Account No. 251-50-531-5000.10 (Tobacco Grant Program, Community Development, Tobacco Grant Program, Regular Salaries [expenditures]) and $317,181 in Account No. 251-99-4198.50 (Tobacco Grant Program, Miscellaneous Grants, Tobacco Grant Program [revenue]). This amount covers the full three-year grant cycle.

ATTACHMENT(S)

1. Attachment A - DOJ Tobacco Grant Award Letter to City - Fiscal Year 2024-25

2. Attachment B - DOJ Tobacco Grant MOU - Fiscal Year 2024-25

3. Attachment C – City Council Resolution No. 24-81

Rob Bonta
At torney General

DI VISION OF OPERATIONS

OFFICE OF THE CHIEF

GRANT SERVICES BRANCH

TOBACCO GRANT PROGRAM
P.O. Box 160187
Sacramento, CA 95816-0187
Telephone: (916) 210-6422
E-Mail Address: [email protected]
October 16, 2024
Matthew Ramos, Assistant Director
Montebello, City of
1600 W. Beverly Blvd
Montebello, CA 90640
Re: Tobacco Grant Awa
rd Notification Fiscal Year 2024-25 (RFP: DOJ-PROP56-2024-25-1) Dear: Matthew Ramos
Congratulations! On behalf of the California Department of Justice (DOJ), Tobacco Grant Program, I am pleased to inform you that your agency’s grant application for the fiscal year 2024-25 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency’s grant award is $317,181.

The Tobacco Grant Program award process is highly competitive, and for the 2024-25 grant cycle, the Department received over $50 million in requests. As noted in the a pplication materials, grant funding prioritized support for local retailer enforcement, including enforcement of flavored tobacco bans. Consequently, some awards were approved with modifications to align with these funding priorities. Attached is a Summary of the Award and Budget Detail outlining the funding provided along with any modifications applied.

To accept the 2024-25 grant award, please complete and return a signed copy of your Letter of Intent (see template and instructions attached) by email within 15 calendar days of the date of this letter. This letter will affirm either:

1. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body); OR

2. No governing body exists and no resolution is required.

Please email the signed Letter of Intent as noted above to [email protected] with the subject line including the name of your agency: “FY 24-25_Letter of Intent_Montebello, City of.” Upon receipt of this information, DOJ will provide your agency with additional documents for execution/use (e.g., Memorandum of Understanding, Governing Body Resolution template, Grantee Handbook, etc.). These documents will contain more

October 16, 2024

information about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence on or after November 1, 2024 depending upon your selected start date.

Should you have any questions regarding this letter or the required follow up information, please email [email protected].

Since
rely,

JENNIFER IVERY JOHNSON
Manager, Grant Services Branch
For ROB BONTA
Attorney General
Attachments:

Letter of Intent
Summary of Award
Budget Detail

ATTACHMENT C
RESOLUTION NO. 24-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF

THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT
PROGRAM AWARD FOR FISCAL YEAR 2024-2025 AND AUTHORIZING

THE CITY MANAGER TO ENTER INTO A CONTRACT RELATED TO

THE GRANT AWARD ON BEHALF OF THE CITY

RECITALS
WHEREAS, the City of Montebello (“City”) has been awarded a grant in the amount of $317,181 from the California Department of Justice (“DOJ”) under the Tobacco Grant Program (“Grant”) for Fiscal Year 2024-25; and
WHEREAS, this grant will support the City’s efforts to enforce tobacco laws, including retailer inspections, undercover operations, and retailer education regarding illegal sales and marketing of tobacco products; and
WHEREAS, on October 15, 2024, the DOJ announced the Fiscal Year 2024-2025 Tobacco Grant Program Awards, including awarding the City a grant in the amount of $317,181 to support the City’s efforts in enforcing tobacco laws, conducting retailer inspections, undercover operations, and providing education on tobacco laws; and WHEREAS, there is no matching funds requirement for this Grant, and the total approved project budget is $317,181, covering a three-year period for the enforcement activities outlined in the Grant agreement; and
WHEREAS, acceptance of the Grant requires a resolution of the City Council accepting the Grant; authorizing the City to enter into an agreement with the DOJ; authorize the City to incur Grant-related expenses and receive reimbursements; and authorize future amendments to any Grant Agreement without further City Council resolutions; and
WHEREAS, the City of Montebello desires to participate in the Grant program and proceed with the project activities associated with the Grant.

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

SECTION 1. The City Council hereby formally accepts the Tobacco Grant Program award in the amount of $317,181 for Fiscal Year 2024-25 and authorizes the City to incur Grant related-expenses and receive reimbursements for such expenses pursuant to the Grant program guidelines.

SECTION 2. The City Council hereby authorizes the City Manager to negotiate and execute any necessary documents, including but not limited to the Memorandum of

RESOLUTION NO. 24-81

Understanding (MOU) and any other agreements or amendments thereto, required by the California Department of Justice for the City’s participation in the Grant program, in a form approved by the City Attorney’s Office.

SECTION 3. The City Manager is further authorized to take all necessary actions to implement the grant-funded activities, including but not limited to the submission of expenditure reports for reimbursement purposes in accordance with the grant requirements.

SECTION 4. The City shall be subject to the terms and conditions specified by the State of California Department of Justice as a part of a contractual agreement executed by the City Manager. Any and all activities funded, information provided, and timelines represented will be enforceable through the fully executed contractual agreement.

Pursuant to the terms of the contract entered into with Department of Justice, the City hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved grant application.

SECTION 5. The adoption of this resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15378(b)(5) as this is an organizational or administrative activity of the government that will not result in direct or indirect physical changes to the environment; and Section 15061(b)(3) because the activity is covered by the general rule or common sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Due to there not being a possibility that this resolution may have a significant adverse effect on the environment, the item is exempt from CEQA.

SECTION 6. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER, 2024. _______________________________
Scarlet Peralta, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 24-81

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24-81 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 13 th day of November 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

RESOLUTION NO. 24-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF

THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT
PROGRAM AWARD FOR FISCAL YEAR 2024-2025 AND AUTHORIZING

THE CITY MANAGER TO ENTER INTO A CONTRACT RELATED TO

THE GRANT AWARD ON BEHALF OF THE CITY

RECITALS
WHEREAS, the City of Montebello (“City”) has been awarded a grant in the amount of $317,181 from the California Department of Justice (“DOJ”) under the Tobacco Grant Program (“Grant”) for Fiscal Year 2024-25; and
WHEREAS, this grant will support the City’s efforts to enforce tobacco laws, including retailer inspections, undercover operations, and retailer education regarding illegal sales and marketing of tobacco products; and
WHEREAS, on October 15, 2024, the DOJ announced the Fiscal Year 2024-2025 Tobacco Grant Program Awards, including awarding the City a grant in the amount of $317,181 to support the City’s efforts in enforcing tobacco laws, conducting retailer inspections, undercover operations, and providing education on tobacco laws; and WHEREAS, there is no matching funds requirement for this Grant, and the total approved project budget is $317,181, covering a three-year period for the enforcement activities outlined in the Grant agreement; and
WHEREAS, acceptance of the Grant requires a resolution of the City Council accepting the Grant; authorizing the City to enter into an agreement with the DOJ; authorize the City to incur Grant-related expenses and receive reimbursements; and authorize future amendments to any Grant Agreement without further City Council resolutions; and
WHEREAS, the City of Montebello desires to participate in the Grant program and proceed with the project activities associated with the Grant.

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

SECTION 1. The City Council hereby formally accepts the Tobacco Grant Program award in the amount of $317,181 for Fiscal Year 2024-25 and authorizes the City to incur Grant related-expenses and receive reimbursements for such expenses pursuant to the Grant program guidelines.

SECTION 2. The City Council hereby authorizes the City Manager to negotiate and execute any necessary documents, including but not limited to the Memorandum of

RESOLUTION NO. 24-81

Understanding (MOU) and any other agreements or amendments thereto, required by the California Department of Justice for the City’s participation in the Grant program, in a form approved by the City Attorney’s Office.

SECTION 3. The City Manager is further authorized to take all necessary actions to implement the grant-funded activities, including but not limited to the submission of expenditure reports for reimbursement purposes in accordance with the grant requirements.

SECTION 4. The City shall be subject to the terms and conditions specified by the State of California Department of Justice as a part of a contractual agreement executed by the City Manager. Any and all activities funded, information provided, and timelines represented will be enforceable through the fully executed contractual agreement.

Pursuant to the terms of the contract entered into with Department of Justice, the City hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved grant application.

SECTION 5. The adoption of this resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15378(b)(5) as this is an organizational or administrative activity of the government that will not result in direct or indirect physical changes to the environment; and Section 15061(b)(3) because the activity is covered by the general rule or common sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Due to there not being a possibility that this resolution may have a significant adverse effect on the environment, the item is exempt from CEQA.

SECTION 6. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER, 2024. _______________________________
Scarlet Peralta, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 24-81

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24-81 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 13 th day of November 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

ITEM # 24

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: APPROVE THE SECOND AMENDMENT TO COMMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 16-19

DATE: November 13, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve the Second Amendment to Cannabis Business Development Agreement No. 16-19 (“Second Amendment”) to increase the square footage of the current cannabis cultivation operations in the City of Montebello, and authorize the City Attorney’s Office to make final and technical edits or revisions, if any, prior to execution; and

2. Approve Strategic Solutions, LLC’s request to remove manufacturing from its current business license; and

3. Adopt findings contained herein exempting the Second Amendment from further CEQA review under CEQA Section 15301, and direct staff to prepare and file the applicable Notices of Exemption for the project recommended for approval; and

4. Take such additional, related action that may be desirable, and/or provide the City Attorney’s office and/or staff with additional or alternative directive(s).

FISCAL IMPACT:

This action would result in the Applicant’s ability to increase the square footage of canopy for cultivation activity from 21,290 square feet to 25,820 square feet, which is a net increase of 4,530 square feet. The proposed increase in square footage would result in additional Cannabis Operation Fees at $10.00 per square foot for cultivation activities pursuant to Development Agreement No. 16-19. The total amount of additional revenue is undetermined at this time.

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

BACKGROUND/DISCUSSION:

On September 13, 2017, the City adopted Ordinance No. 2399 adding Chapter 5.90 entitled Cannabis Cultivation, Manufacturing, Distribution, and Testing with a required Development Agreement and Conditional Use Permit.

On June 13, 2018, the City adopted Ordinance No. 2404 adding Delivery-Only retailers along with Cultivation, Manufacturing, and Testing as conditionally approved activities/uses in the M-1 and M-2 zones with a Development Agreement (DA) and also adding a sensitive use buffer of 600-feet from residential zones.

On February 13, 2019, the City Council held a public hearing and recommended the selection of potential cannabis operators for Phase 3 consideration and adoption of fees.

The City Council selected 21 potential operators and established a Conditional Use Permit filing due date of March 4, 2019, for said operators.

On June 10, 2019, CUP 16-19 submitted by S.B. Montebello Investments, LLC. for cannabis Cultivation, Manufacturing, Distribution, and Non-Store Front retail delivery, was determined to be complete.

On November 10, 2021, the First Amendment to Development Agreement 3678 was approved administratively to transfer ownership from S.B. Montebello Investments, LLC, to Strategic Solutions, LLC.

On March 27, 2024, Strategic Solutions, LLC submitted a request for a modification to existing CUP 16-19 to add an additional 4,530 square feet to their cannabis operations and expand their use to an adjacent suite/unit within the multi-tenant building they currently operate in as well as remove the manufacturing license from their current operations. The application would maintain manufacturing as a use under the current 21,290 square foot facility, but the manufacturing of cannabis products would not be an allowable use for the 4,530 square foot expansion area.

On March 27, 2024, staff issued a deemed complete letter to the Applicant pursuant to California Government Code Section 65943 et seq.

On June 4, 2024, the Planning Commission approved on June 4, 2024, for the Modification to Conditional Use Permit 16-19-M2.

One (1) proposed amendment to the Development Agreement to increase the square footage of the current cannabis cultivation use from 21,290 square feet to 25,820 square feet using existing space from the adjacent suite/unit within the multi-tenant building they currently operate in and remove the manufacturing license from their current business operation is before City Council’s consideration at tonight’s meeting.

ENVIRONMENTAL:

The California Environmental Quality Act (“CEQA”) requires public agencies to analyze and consider the impacts a “project” may have on the environment. A project is only

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

subject to CEQA if the project requires a discretionary decision by the public agency. The required level of review depends on the probability and intensity of project related impacts. Additionally, a project may be exempt from CEQA review if the project qualifies for a categorical exemption.

City staff determined that the Project is Categorically Exempt per §15301 - Class 1 (Existing Facilities), as defined in CEQA Guidelines Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion or existing or former use. Per Subsection (e), it states that the exemption applies to additions to existing structures that will not result in an increase of more than (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (2) 10,000 square feet if the project is located in an area that is not environmentally sensitive. This proposed project is adding an additional 4,530 square foot from existing space in an area that is not environmentally sensitive. There is no additional building footprint being added.

ANALYSIS:

The project site is located on the north side of Telegraph Road between Church Road and Maple Avenue. The total site area is 210,622 square feet (or approximately 4.95 acres). The first existing space, 7107 Telegraph Road, is two-stories, approximately 13,160 square feet, and the second existing space located at 7117 Telegraph Road is a single-story, approximately 8,130 square feet. The total combined area under both existing spaces is 21,290 square feet. The existing spaces are two of seventeen commercial condominium units located within an existing 100,000 square-foot building.

The proposed 4,530 square-feet from the adjacent office, will be a first-floor increase to the existing cannabis operations from the adjacent office space at 7109 Telegraph Road (See Attachment B). The updated square footage of the cannabis cultivation operations will total 25,820 square feet at 7107, 7117, and 7109 Telegraph Road. The applicant is also proposing to remove the manufacturing license from their current business operation and manufacturing will not be a permitted use under the 4,530 expansion space.

Article 17 of the Development Agreement, “CUP Conditions of Approval,” requires the owner to comply with all conditions of approval of the City-issued CUP. If there is any conflict between a term of the Agreement and a condition of approval of the City-issued CUP, then the most restrictive shall apply. Per Condition of Approval #28 of CUP 16-19, “any change, expansion, intensification and/or modification to the proposed plans use, or mode of operations shall be subject to the review and approval by the Director of Planning and Community Development who may take action or call for review by the Planning Commission at a noticed public hearing”.

The request before the City Council includes the Second Amendment to Development Agreement No. 16-19. Table 1, below, illustrates the Second Amendment to Commercial Cannabis Development Agreement, that is being recommended for approval to the City Council by City staff at the meeting on November 13, 2024.

CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024

TABLE 1 – Proposed Modifications
DA # Existing Square
Footage (7107 & 7117
Telegraph Road)
Type of Change

Proposed New Square
Footage (7107, 7117, &
7109 Telegraph Road)

16-19 21,290 square feet Expansion of business operation from existing square footage
25,820 square feet

The Applicant is requesting an amendment to its Development Agreement to increase the square footage of the current cannabis cultivation use from 21,290 square feet to 25,820 square feet using existing space from the adjacent suite/unit within the multi- tenant building they currently operate in. The applicant has also removed the manufacturing license from the current cannabis operator, Strategic Solutions, LLC. The current business operates at 7107 and 7117 Telegraph Road, and due to the expansion, will be adding an additional address from the adjacent office space, 7109 Telegraph Road. This proposed change is found in Table 1. While the business license for Strategic Solutions, LLC does not include cannabis manufacturing, the Conditional Use Permit for 7107 and 7117 Telegraph Road will still include manufacturing, while this will not be a permitted use for the 7109 Telegraph Road portion of the facility. As Strategic Solutions, LLC business license does not include manufacturing, it will not be permitted to operate a cannabis product manufacturing business on either 7107, 7117, nor 7109 Telegraph Road.

The Applicant has provided to the City of Montebello a written application form seeking a Second Amendment to the Development Agreement with all required materials, information and requisite fees. The Planning Department has deemed the application sufficient, appropriate and complete for the purpose of determining whether the Applicant is qualified for purposes of the Development Agreement application and the CUP.

SUMMARY:

City staff recommends that the City Council approve the Second Amendment to Development Agreement No. 16-19 to increase the square footage of the current cannabis cultivation use (7107 and 7117 Telegraph Road) from 21,290 square feet to 25,820 square feet using the adjacent office space (7107, 7117, and 7109 Telegraph Road) and to remove the manufacturing license from their current business operations There are no physical alterations to the existing building herein, exempting the Second Amendment from further CEQA review under CEQA Section 15301, and direct staff to prepare and file the appropriate Notice of Exemption for the project recommended for approval.

ATTACHMENT(S)

1. Attachment A _Second Amendment to DA_Strategic Solutions

2. Attachment B - Site Plan

3. Attachment C - Planning Commission Resolution No. 5-24

ATTACHMENT A

CITY OF MONTEBELLO

AMENDMENT NO. 2 TO AGREEMENT NO. 3678
COMMERCIAL CANNABIS DEVELOPMENT AGREEMENT NO. 16-19

WITH STRATEGIC SOLUTIONS, LLC

This Amendment No. 2 to the Commercial Cannabis Development Agreement No. 16-19 (“Second Amendment”), is made and entered into this 13th day of November 2024, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and Strategic Solutions, LLC , (hereinafter referred to as the “Developer”). The City and Developer are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS

WHEREAS, pursuant to Montebello Municipal Code (“MMC”) Chapters 5.90 and

17.71, engaging in the cultivation, manufacture, delivery, distribution, or testing of cannabis or cannabis product [(“Commercial Cannabis Activities”)] requires compliance with said Chapter, including requirements for a conditional use permit and development agreement with the City; and

WHEREAS, on March 4, 2019, SB Montebello Investments, LLC (“Assignor”), as predecessor-in-interest to Developer and owner of the property located at 7107 and 7117 Telegraph Road (APNs: 6354 -024-032 and 6354- 024-037) in the City of Montebello (“Property”), applied for a Conditional Use Permit to conduct C ommercial Cannabis Activities at the Property; and

WHEREAS, the City Council of the City of Montebello (“City Council”) approved Conditional Use Permit No. 16-19 (“CUP”) for Assignor to conduct Commercial Cannabis Activities on the Property; and

WHEREAS, City and Assignor entered into Agreement No. 3678 Commercial Cannabis Business Development Agreement No. 16- 19 Between the City of Montebello and SB Montebello Investments, LLC dated August 5, 2019 (“Original Development Agreement”); and

WHEREAS, pursuant to Article 19 of the Original Development Agreement, the City consented to, and Assignor and Developer agreed to assign all interest in the CUP and Original Development Agreement from Assignor to Developer in the City of Montebello Amendment No. 1 to Agreement 3678, First Amendment to, and Assignment of, Commercial Cannabis Business Development Agreement No. 16-19, approved by the City Council on November 10, 2021 (“First Amendment”) (Original Development Agreement and First Amendment shall herein be referred to as the “Development Agreement”); and

WHEREAS, in 2021, Developer acquired a lease hold interest in the Property from Assignor; and

AMENDMENT NO. 2 TO AGREEMENT NO. 3678
COMMERCIAL CANNABIS DEVELOPMENT AGREEMENT NO. 16-19

WHEREAS, in February 2024, Developer also acquired a lease hold interest in commercial warehouse space located at 7109 Telegraph Road (APN: 6354-024-033) in the City of Montebello (“Add-On Property”), directly adjacent to the Property; and

WHEREAS, on March 27, 2024, Developer submitted a request for a modification to existing CUP 16-19 to add an additional 4,530 square feet to their cannabis operations and expand their use to an adjacent suite/unit within the multi -tenant building they currently operate in , to be located at the Add-On Property , and to remove the manufacturing license from their current business operations while maintaining manufacturing as a permitted use under the Property, but not the Add-On Property; and

WHEREAS, on June 4, 2024, the Planning Commission approved Developer’s request to modify CUP 16-19 for the additional square footage (“CUP-16-19-M2”) which includes cultivation, distribution, and non-store front retail delivery for the expansion area, but does not include manufacturing, which is still permitted in the existing space located at 7107 and 7117 Telegraph Road; and

WHEREAS, pursuant to Section 22 of the Development Agreement, the Development Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the Parties, and the Parties desire to the amend the Development Agreement to reflect the expansion in square footage and the elimination of the manufacturing license; and

WHEREAS, pursuant to MMC Section 5.90.070, any relocation or alteration of the location of a commercial cannabis operation; or any physical change, alteration, or modification to the approved premises of a commercial cannabis operation that materially or substantiv ely alters the location, production estimates, or usage of the premises pursuant to the approved plans included in the Development Agreement and CUP, shall require the advanced approval of the City Council; and

WHEREAS, for the reasons set forth herein, the City and Developer desire to enter into this Second Amendment, as set forth below.

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

AMENDMENTS

SECTION 1. Recitals.

The Recitals above are true and correct and are hereby incorporated by reference into and made part of this Second Amendment. In the event of any inconsistency between this Second Amendment and the Development Agreement, the terms of this Second Amendment shall control.

SECTION 2. Project Area.

AMENDMENT NO. 2 TO AGREEMENT NO. 3678
COMMERCIAL CANNABIS DEVELOPMENT AGREEMENT NO. 16-19

All references in the Development Agreement referencing the size of the Project area as 21,290 square feet shall now include an additional 4,530 square feet area (“Add- On Property”) pursuant to the increase in size of the commercial cannabis operation pursuant to CUP-16-19-M2, however manufacturing shall not be a permitted use for the Add-On Property pursuant to Section 2(c) of the Development Agreement . Should Developer or their successors-in-interest desire to add manufacturing as a permitted use for the Add- On Property, Developer or their successor -in-interest shall be required to modify the existing CUP , amend this Development Agreement , and obtain all required cannabis-related business licenses to include manufacturing at the Add-On Property.

SECTION 3. Description of Property

Section 2(a) of the Development Agreement is amended in its entirety to read as follows:

a. Description of Property. Land situated in the City of Montebello, County of Los Angeles, State of California; whose street address is 7107, 7109, and 7117 Telegraph Road, City of Montebello, State of California (the "Site"). The Site includes Assessor' s Parcel Numbers: 6354-024-032, 6354-024-033, and 6354-024-037.

SECTION 4. Exhibit A.

Exhibit A of the Development Agreement shall hereby be supplemented to include the legal description for parcel APN: 6354- 024-033, which is attached to this Second Amendment as Exhibit A-1 and hereby incorporated into the Development Agreement by reference.

SECTION 5. Exhibit C.

Exhibit C of the Development Agreement shall hereby be replaced in its entirety with the site and floor plans attached to this Second Amendment as Exhibit C -1, which is hereby incorporated into the Development Agreement by reference. .

SECTION 6. Exhibit D.

Exhibit D of the Development Agreement shall hereby be supplemented to include the lease agreement for the portion of the Site located on parcel APN: 6354-024-033, which is attached to this Second Amendment as Exhibit D -1 and hereby incorporated into the Development Agreement by reference.

SECTION 7. Exhibit E.

Exhibit E of the Development Agreement shall hereby be supplemented to include the Property Owner Consent Form for the portion of the Site located on parcel APN: 6354- 024-033, which is attached to this Second Amendment as Exhibit E -1 and hereby incorporated into the Development Agreement by reference.

AMENDMENT NO. 2 TO AGREEMENT NO. 3678
COMMERCIAL CANNABIS DEVELOPMENT AGREEMENT NO. 16-19

S
ECTION 8. Exhibit F.

E
xhibit F of the Development Agreement shall hereby be supplemented with the Conditions of Approval from CUP -16-19-M2 attached to this Second Amendment as Exhibit F -1, which apply to the Add- On Property and is hereby incorporated into the Development Agreement by reference.

S
ECTION 9. Effect of Amendment.

E
xcept as expressly modified herein, the Development Agreement shall remain in full force and effect, and all the terms and provisions of the Development Agreement are hereby reaffirmed. The provisions of this Second Amendment are severable and separate, and should a legal challenge be brought challenging the Second Amendment, including but not limited to, an action or proceeding — in equity or in law - such challenge shall in no way affect or impact the continued validity and existence of the Development Agreement.

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ECTION 10. Effective Date.

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he Effective Date of this Second Amendment shall be the date stated in the introductory paragraph above.

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ECTION 11. Authority to Sign.

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ach Party or responsible officer or governing body therefore, has read this Second Amendment and understands and knows the contents thereof, and represents and warrants that each of the officers, members, or agents executing this Second Amendment on behalf of their respective corporations, partnerships, or other organizations is authorized and empowered to do so and hereby binds the respective corporation, partnership, or other organization.
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ND OF SECOND AMENDMENT]
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IGNATURES ON THE FOLLOWING PAGES]

AMENDMENT NO. 2 TO AGREEMENT NO. 3678
COMMERCIAL CANNABIS DEVELOPMENT AGREEMENT NO. 16-19

IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“DEVELOPER”)

CITY OF MONTEBELLO STRATEGIC SOLUTIONS, LLC
Scarlet Peralta, Mayor Craig Yamasaki, Managing Member
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

GENERAL NOTESABBREVIATIONSPROJECT INFORMATIONSHEET INDEXSHEET NO.TITLEA.CS.0COVER SHEET / NOTESAFFABOVE FINISH FLOORADACCESS DOORAPACCESS PANELACOUSE (ACST)ACOUSTICA/LALTERNATEA/CAIR CONDITIONINGALLUM (AL)ALLUMINUMAPPDAPPROVEDAPPROXAPPROXIMATEARCHARCHITECTURALASPHASPHALTAUTOAUTOMATICBOWBACK OF WALLBATT INSULBATTEN INSULATIONBMBEAMBD, BRDBOARDBLDGBUILDINGCABCABINETCLGCEILINGCTRCENTERCLCENTER LINECCCENTER TO CENTERCFCICONTRACTORFURNISHEDCONTRACTOR INSTALLEDCTCIRCULAR TILECIRCIRCULARCLRCLEAR, COLORCLOCLOSETCOLCOLUMNCONCCONCRETECONNCONSTRUCTIONCONTCONTINUOUSCJCONTROL JOINTCORRCORRIDORCNTRCOUNTERDET (DETI.)DETAILDIAGDIAGONALDIADIAMETERDIMDIMENSIONDISPDISPENSERDRDOORDBLDOUBLEDNDOWNDWRDRAWERDWG DRAWINGDFDRINKING FOUNTAINEAEACHELECELECTRICAL OR ELECTRICEL, ELEVELEVATIONEMERGEMERGENCYENCLENCLOSUREEQUIP (EQPT)EQUIPMENTEQEQUALEWEACH WAYEXHEXHAUSTEXIST.EXISTINGEXTEXTERIORFOCFACE OF CONCRETEFOFFACE OF FINISHFOSFACE OF STUDSFOWFACE OF WALLFTFEETFINFINISHFE (FEXT)FIRE EXTINGUISHERFEC FIRE EXTINGUISHERCABINET FESFIRE EXTINGUISHERSURFACEMOUNTEDFIXTFIXTUREFLR OR FLFLOORFDFLOOR DRAINFLOURFLOURESCENTFRFRAMEFURGFURRINGGAGAGE OR GUAGEGALVGALVINIZEDGIGALVINIZED IRONGGASGLGLASSGBGRAB BARGRGRADEGNDGROUNDGYPGYPSUMGYP BDGYPSUM WALLBOARDGCGENERAL CONTRACTORHDR HANDRAILHBDHARDBOARDHDW (HW)HARDWAREHDWDHARDWOODH/CHANDICAPPEDHDHEADHDRHEADERHTRHEATERHT (HGT)HEIGHTH.P.HIGH POINTHCHOLLOW COREH.M. HOLLOW METALHMIHOLLOW METALINSULATEDHORIZHORIZONTALHRHOURIN.INCHI.D. INSIDE DIAMETERIDENTIDENTIFICATIONINSULINSULATIONINT (INTR)INTERIORJANJANITORJTJOINTJSTJOISTKKEYKLKEY LOCKKPKICK PLATEKITKITCHENLABLABORATORYLAMLAMINATELAVLAVATORYLTLIGHTLTGLIGHTINGLT WTLIGHT WEIGHTLINLINEARLONGLONGITUDINALLPLOW POINTLKRLOCKERLVRLOUVERMACHMACHINEMAINTMAINTENANCEMFRMANUFACTUREMFG MANUFACTURINGMSTCMASICMATLMATERIAL MAXMAXIMUMMECHMECHANICALMTLMETALMTMETAL THRESHOLDMINMINIMUMMIRMIRRORMISCMISCELLANEOUSMLDGMOLDINGMTDMOUNTINGMULMULLIONNNORTHNICNOT IN CONTRACTNO. (#)NUMBERNTSNOT TO SCALEOFF.OFFICEOFCIOWNER FURNISHEDCONTRACTOR INSTALLEDOCON CENTEROPPOPPOSITEO.H.OVERHEADO/OVERPRPAIRPNLPANELPTDPAPER TOWELDISPENSERPTD/RPAPER TOWELDISPENSER &RECEPTACLEPTRPAPER TOWELRECEPTACLEPRTNPARTITIONPERFPERFORATEDPLAST PLASTERPLASPLASTICPL PLATEPLBGPLUMBINGPLYWDPLYWOODPTPOINTLBSPOUNDSPSFPOUND/SQUARE FOOTPSIPOUND/SQUARE INCHPRECSTPRECASTPREFABPREFABRICATEDPROJPROJECTIONQ.T. QUARRY TILE¼ RDQUARTER ROUNDQTRSQUARTERSRADRADIUSRECPRECEPTABLEREFREFERENCEREFRREFRIGERATORREINFREINFORCEMENTREQDREQUIREDREVREVISIONSRRISERRMROOMRNDROUNDRUBRUBBERRBRUBBER BASESNDSANITARY NAPKINDISPENSERSNRSANITARY NAPKINRECEPTICLESCHSCHEDULESCD SEAT COVER DISPENSERSECT SECTIONSSK SERVICE SINKSHTHG SHEATHINGSHTSHEETSHWR SHOWERSIM SIMILAR SD SOAP DISPENSERSC SEPARATE CIRCUITS.M. SHEET METALSSOUTHSPKR SPEAKERSPEC SPECIFICATIONSQ SQUARESTD STANDARDSTA STATIONSTL STEELSTOR STORAGESTRL STRUCTURALSUSPSUSPENDEDSYMSYMMETRICALTEL TELEPHONETV TELEVISIONTEMP TEMPERATURETER TERRAZZOTHERMO THERMOSTATTHK THICKTH THRESHOLDTOIL TOILETTPD TOILET PAPERDISPENSERTOC TOP OF CONCRETETC TOP OF CURBTOS TOP OF STEELTS TUBULAR STEELTW TOP OF WALLTB TOWEL BARTRANS TRANSVERSETYPTYPICALUL UNDERWRITERSLABORATORIESUNFIN UNFINISHEDUNO UNLESS NOTEDOTHERWISEUR URINALVERT VERTICALVEST VESTIBULEVCT VINYL COMP TILEVT VINYL TILEVWC VINYL WALL COVERINGWNSCT WAINSCOTWC WATER CLOSETWP WATER PROOFW/R WATER RESISTANTWT WEIGHTWDT WIDTHWDW WINDOWW/ WITHW/O WITHOUTWD WOODCONSULTANTS TENANT IMPROVEMENT OF 7109 TELEGRAPH ROAD MONTEBELLO, CA ·CITY OF MONTEBELLO PLANNING DIVISION·CITY OF MONTEBELLO BUILDING DEPARTMENT·CITY OF MONTEBELLO FIRE DEPARTMENT·LA COUNTY ENVIRONMENTAL HEALTH OFFICEOF CANNABIS MANAGEMENT·SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT.·LA COUNTY SANITATION DISTRICT.JURISDICTIONAL APPROVAL MECHANICAL ENGINEERTRI-PACIFIC HEATING &AIR CONDITIONING2116 E. WALNUT AVE.FULLERTON, CA 92831714-888-6820 PROJECTSCOPE OF WORK:CHANGE OF USE AND OCCUPANCY FROM OFFICE &WAREHOUSE TO CANNABIS CULTIVATION. TENANTIMPROVEMENT OF AN EXISTING 1-STORY (W/ 2ND FLOORMEZZANINE) COMMERCIAL SPACE. WITH COMPLETEARCHITECTURAL, AND MEP ENGINEERED DRAWINGS.ADDRESS:7109 TELEGRAPH RD., MONTEBELLO, CA 90640APN:6354-024-033OCCUPANCY TYPE: F-1, B (SEE EXIT ANALYSIS FOR TABULATIONS)TOTAL GROSS FLOOR AREA:EXISTING4,530 SQ. FT.PROPOSEDNO CHANGECONSTRUCTIONCONSTRUCTION TYPE:IIIBMATERIALS: CONCRETE TILT-UP WALLS, STEEL TRUSS ROOF STRUCTURE.FIRE SPRINKLERS:YESFIRE ALARM:NONUMBER OF EXITS:REQUIRED - 2; PROVIDED - 2 (SEE A.1.4, EXIT ANALYSIS)PROPERTY OWNERNAMESB MONTEBELLO INVESTMENTSADDRESS:6600 TELEGRAPH ROADCOMMERCE, CA 90040 ZONINGZONING:M2 - HEAVY MANUFACTURINGEXISTING USE:OFFICE, WAREHOUSEPROPOSED USE:CANNABIS CULTIVATION.

PARKING CALCULATIONS
A1COLUMN GRIDXXXX REVISION CLOUD & DELTA1
ALIGN FACE OF NEWCONSTRUCTION WITH EXISTINGNIC (NOT IN CONTRACT)BUILDINGSTANDARD DOOR100.1DOOR NUMBER, REFERTO DOOR SCHEDULE&$$OFFICEROOM NAMEROOM NUMBERDETAIL NUMBERSHEET NUMBER ELEVATION NUMBERSHEET NUMBERENLARGED PLANAREA TO BE ENLARGEDSHEET NUMBER+9'-0"INDICATES CEILINGHEIGHT, AFF(E)(N)(R)INDICATES EXISTING ITEMTO REMAININDICATES NEW ITEMINDICATES RELOCATED ITEM XXXX
CT-314" Radius CoveINDICATES FINISH CODE,REFERENCE FINISH LEGENDINDICATES SPECIALINSTRUCTIONS FOR FINISHES5A.X.X

SYMBOLS
GEN. FIRE DEPARTMENT NOTES

ACCESSIBILITY NOTES

AREA MAP

DEFERRED SUBMITTALS
PREPARED BY:OWNER:

A.1.0SITE PLANA.1.1ROOF PLANA.1.3FLOOR PLANA.1.4EXIT ANALYSISA.2.0REFLECTED CEILING PLANA.5.0SCHEDULESA.1.2AS-BUILT / DEMO PLAN FIRE SPRINKLERMODIFICATION TO EXISTINGSPRINKLER HEADS UNDER SEPARATEAPPLICATION AND PERMIT.

LEGAL DESCRIPTIONTR=62237 LOT 2 CONDO UNIT 2 (AIRSPACE AND 1/17 INT INCOMMON AREA) CANNABIS PROD. STATEMENTTHE PURPOSE OF THIS PROPOSED FACILITY WILL BE TO GROW AND TRIM BULKCANNABIS FLOWER ONLY FIRE DEPT. NOTES (CONT.)ACCESSIBILITY NOTES (CONT.)
A.6.0DETAILSA.6.1DETAILSA.6.2DETAILS
A.CS.1NOTES / RESPONSIBILITY MATRIX
CITY PUBLIC WORKS NOTESSEPARATE PERMIT SHALL FIRST BE OBTAINED FROM THE CITY PUBLIC WORKSDEPARTMENT PRIOR TO PLACEMENT OF ANY CONSTRUCTION MATERIALS OREQUIPMENT IN THE PUBLIC WAY.STATE REQUIREMENTS1.AT TIME OF PERMIT ISSUANCE, CONTRACTOR SHALL SHOW THEIR VALIDWORKERS' COMPENSATION INSURANCE CERTIFICATE.2.ALL WORK SHALL CONFORM TO ALL REQUIREMENTS OF STATE OFCALIFORNIA TITLE 24 REGARDLESS OF THE INFORMATION INDICATED ONTHESE PLANS. IT IS THE RESPONSIBILITY OF THE INDIVIDUAL SUPERVISINGTHE CONSTRUCTION TO ENSURE THAT THE WORK IS DONE IN ACCORDANCEWITH CODE REQUIREMENTS PRIOR TO REQUESTING INSPECTION.3.EXCESS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLIC WAYOR ANY OTHER DRAINAGE SYSTEM. PROVISIONS SHALL BE MADE TO RETAINCONCRETE WASTES ON SITE UNTIL THEY CAN BE DISPOSED OF AS SOLIDWASTE.4.SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) SHALLNOTIFIED IN ACCORDANCE WITH CALIFORNIA STATE LAW PRIOR TO START OFANY DEMOLITION, ADDITION, AND/OR REMODEL WORK. THE SOUTH COASTAIR QUALITY MANAGEMENT DISTRICT OFFICE IS LOCATED AT 21865 COPLEYDRIVE, DIAMOND BAR, CA. PHONE NO. (909) 396-2000. BE ADVISED,SCAQMD MAY REQUIRE A 10 DAY WAIT PERIOD PRIOR TO START OF WORK.5.SEDIMENTS AND OTHER MATERIALS MAY NOT BE TRACKED FROM THE SITEBY VEHICLE TRAFFIC. THE CONSTRUCTION ENTRANCE ROADWAYS MUSTSTABILIZE SO AS TO INHIBIT SEDIMENTS FROM BEING DEPOSITED INTO THEPUBLIC WAY. ACCIDENTAL DEPOSITIONS MUST BE SWEPT UP IMMEDIATELYAND MAY NOT BE WASHED DOWN BY RAIN OR OTHER MEANS.6.STOCKPILES OF EARTH AND OTHER CONSTRUCTION RELATED MATERIALSMUST BE PROTECTED FROM BEING TRANSPORTED FROM THE SITE BYFORCES OF WIND OR WATER.7.TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITEDINTO A COVERED RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATERAND DISPERSAL BY WIND.8.FUELS, OILS, SOLVENTS AND OTHER TOXIC MATERIALS MUST BE STORED INACCORDANCE WITH THEIR LISTING AND ARE NOT TO CONTAMINATE THE SOILAND SURFACE WATERS. ALL APPROVED STORAGE CONTAINERS ARE TO BEPROTECTED FROM THE WEATHER. SPILLS MUST BE CLEANED UPIMMEDIATELY AND DISPOSED OF IN A PROPER MANNER. SPILLS MAY NOTBE WASHED INTO THE DRAINAGE SYSTEM.CITY BUILDING DEPT. NOTES1.THE ISSUANCE OF A PERMIT SHALL NOT PREVENT THE BUILDING OFFICIALFROM REQUIRING THE CORRECTION OF ERRORS ON THESE PLANS OR FROMPREVENTING ANY VIOLATION OF THE CODES ADOPTED BY THE CITY, RELEVANTLAWS, ORDINANCES, RULES AND/OR REGULATIONS.2.PLUMBING FIXTURES SHALL HAVE THE FOLLOWING MAX. FLOW RATES:LAVATORY FAUCETS - 0.4 GPM; KITCHEN FAUCETS - 1.8 GPM; WATERCLOSETS - 1.28 GPF.

A.CG.0CALGREEN REQUIREMENTS & NOTESA.CG.1CALGREEN REQ'S. & NOTES / CHECKLIST CO2 GAS DETECTION SYSTEMUNDER SEPARATE APPLICATION AND PERMIT.

1.GENERAL CONTRACTOR (G.C.) TO VERIFY AND REVIEW ALL JOBCONDITIONS, DIMENSIONS AND DETAILS PRIOR TO BIDDING, PRICING ANDCONSTRUCTION TO DETERMINE WHICH NOTES APPLY DIRECTLY TO HISRESPONSIBILITY. G.C. TO MAKE NOTE OF AND SUBMIT IN WRITTEN FORMTO PD&C, INC. dba RAND KRUSE ANY DAMAGES OR DEFICIENCIES ONPREMISES AND ANY CONFLICTS AND DISCREPANCIES REGARDINGDIMENSIONS, NOTES OR SPECIFICATIONS.2.ALL WORK SHOWN OR IMPLIED, UNLESS SPECIFICALLY QUESTIONED, SHALLBE CONSIDERED FULLY UNDERSTOOD IN ALL RESPECTS BY THE GENERALCONTRACTOR AND WILL BE SOLELY RESPONSIBLE FOR ANYMISINTERPRETATIONS OR CONSEQUENCES THEREOF FOR ALL WORK ONDRAWINGS.3.DRAWINGS ARE NOT TO BE SCALED. DIMENSIONS GOVERN. LARGE SCALEDRAWINGS GOVERN OVER SMALL SCALE DRAWINGS. CONTRACTOR SHALLVERIFY ALL CONDITIONS AND DIMENSIONS @ JOB SITE PRIOR TO START OFCONSTRUCTION. IF DISCREPANCIES ARE FOUND, PD&C, INC. dba RANDKRUSE SHALL BE NOTIFIED FOR CLARIFICATION.4.ALL DRAWINGS AND NOTES ARE COMPLEMENTARY TO ANY WORK SHOWNOR REFERENCED TO ON ANY ONE DRAWING SHALL BE PROVIDED ASTHOUGH SHOWN ON ALL RELATED DRAWINGS.5.GENERAL CONTRACTOR SHALL COMPLY WITH ALL RULES AND REGULATIONSOF BUILDING MANAGEMENT IN ALL RESPECTS. IT IS THE G.C.RESPONSIBILITY TO OBTAIN SUCH REGULATIONS FROM THE BUILDINGOWNER AND PROVIDE FOR REVIEW BY ALL SUBTRADES. G.C. TO NOTIFYPD&C, INC. dba RAND KRUSE OF ANY CONFLICT BETWEEN REGULATIONSAND OTHER CONTRACTUAL DOCUMENTS, PRIOR TO PROCEEDING WITH ANYOTHER WORK.6.ALL WORK TO BE PERFORMED IN OCCUPIED AREAS OR IN OTHER TENANTSPACES SHALL BE PERFORMED ON OVERTIME, AS REQUIRED, AND BYBUILDING RULES AND REGULATIONS.7.GENERAL CONTRACTORS SHALL BE RESPONSIBLE FOR COORDINATION OFALL WORK REQUIRED TO MAKE ALL PARTS COME TOGETHER PROPERLY ANDFIT TO RECEIVE OR BE RECEIVED BY WORK OF OTHER CONTRACTORSIMPLIED BY DRAWING OR NOTES.8.GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR USE, SCHEDULING ANDFEES INCURRED BY HOISTING FACILITIES/ELEVATORS.9.ALL WORK IS TO CONFORM TO PD&C, INC. dba RAND KRUSE DRAWINGSAND SPECIFICATIONS AND SHALL BE NEW AND OF THE BEST QUALITY OFKINDS SPECIFIED. ALL MANUFACTURED ARTICLES TO BE INSTALLED,CONNECTED AND CONDITIONED AS DIRECTED BY MANUFACTURER. ALLWORK TO BE PERFORMED IN A GOOD WORKMANSHIP MANNER.10.ALL SUBCONTRACTORS SHALL BE RESPONSIBLE FOR REVIEWING ENTIRE SETOF DRAWINGS AND NOTING THEIR WORK AS APPLICABLE. ALL SHOPDRAWINGS SHALL BE SUBMITTED TO PD&C, INC. dba RAND KRUSE FORAPPROVAL THROUGH G.C. PRIOR TO COMMENCEMENT OF ANY WORK.11.GENERAL CONTRACTOR TO BE SOLELY RESPONSIBLE FOR REMOVAL,REPLACEMENT AND RECTIFICATION OF ALL DAMAGED AND DEFECTIVEMATERIAL AND/OR WORKMANSHIP IN CONNECTION WITH THE CONTRACTWORK. ANY COSTS CAUSED BY DEFECTIVE OR ILL-TIMED WORK, POORWORKMANSHIP, MATERIALS, POOR SCHEDULING OR DELINQUENTORDERING SHALL BE BORNE BY THE GENERAL CONTRACTOR.12.DURING THE ENTIRE PERIOD OF DEMOLITION AND CONSTRUCTION ALLREQUIRED EXITS SHALL BE MAINTAINED. EXIT LIGHTING AND FIREPROTECTIVE SERVISES SHALL BE PROPERLY MAINTAINED. ALL WAYS OFTRAVEL FROM EXITS TO THE STREET SHALL BE MAINTAINED FREE FROM ALLOBSTRUCTIONS.13.GENERAL CONTRACTOR SHALL PROPERLY PROTECT THE BUILDING AND ANYOTHER ADJOINING PROPERTY OR WORK AND PROTECT ALL EXISTINGSURFACED OR FINISHED TO REMAIN DURING DEMOLITION ANDCONSTRUCTION. ANY DAMAGE TO THE SAME SHALL BE REPAIRED BY G.C.AT HIS EXPENSE TO “LIKE NEW” CONDITION.14.GENERAL CONTRACTOR SHALL VERIFY ALLOWED WORKING HOURS FOR ALLWORK DONE TO THE CORE (INCLUDING DRILLING, PATCHING, ANDELECTRICAL HOOKUPS) AND IS RESPONSIBLE FOR ALL WORK NECESSARYTO COMPLETE WORK TO THE CORE AND IN NON-LEASE SPACE.15.GENERAL CONTRACTOR IS RESPONSIBLE TO CLEAN UP AND REMOVE ALLWASTE MATERIALS FROM PREMISES AS GENERATED BY CONSTRUCTIONDEMOLITION, WOODWORK AND ALL TRADES EMPLOYED BY CONTRACTUALWORK.16. ALL WORK NOTED N.I.C. OR “BY TENANT” IS TO BE ACCOMPLISHED BYPERSONS OTHER THAN G.C. AND IS NOT PART OF CONSTRUCTIONAGREEMENT.17.GENERAL CONTRACTOR SHALL SECURE AND PAY FOR ALL REQUIREDPERMITS FROM BUILDING DEPARTMENT AND FORWARD COPIES TO PD&C,INC. dba RAND KRUSE. 18.GENERAL CONTRACTOR TO PROVIDE CONSTRUCTION SCHEDULE BY THESTART OF CONSTRUCTION AND A LIST OF A LONG LEAD ITEMS BY THE ENDOF THE FIRST WEEK OF CONSTRUCTION.19.GENERAL CONTRACTOR TO SUBMIT IN WRITING ALL CHANGE ORDERS FORADDITIONAL WORK TO OWNER FOR REVIEW AND APPROVAL. NO WORK ISTO PROCEED UNTIL A SIGNED PROPOSAL IS RETURNED TO G.C. UNLESSOTHEWISE NOTED. ALL CHANGES IN THIS FIELD SHALL BE SIGNED BY THECLIENT OR AUTHORIZED REPRESENTATIVE.20. UPON COMPLETION OF THE WORK, THE G.C. SHALL SUBMIT TO OWNER:A.COPY OF INSPECTIONS AND FINAL SIGN-OFF.B.CERTIFICATE OF SUBSTANTIAL COMPLETION (AIA DOCUMENT #G704).C.COPY OF PERMIT CARD.D.BUILDING DEPARTMENT APPROVED DRAWINGS.E.WARRANTIES FOR SPECIFIED MATERIALS.F.RECORD/AS-BUILT DOCUMENTS.21.ALL WORK SHALL COMPLY WITH THE REGULATIONS OF THE GOVERNMENTALAUTHORITIES HAVING JURISDICTION. THE SPECIFICATIONS SHALL BESUPPLEMENTAL TO ALL LAWS AND CODES OF GOVERNMENTAL REGULATINGBODIES RELATING TO BUILDINGS, AND ALL APPLICABLE REQUIREMENTSSPECIFIED IN THESE REGULATIONS SHALL BE FOLLOWED AS THOUGHSPECIFICALLY NOTED BY SUCH CODES AS LAWS. IT IS THE G.C.RESPONSIBILITY TO NOTIFY PD&C, INC. dba RAND KRUSE OF ANYCONFLICTS BETWEEN THESE DRAWINGS AND LOCAL BUILDING CODES. G.C.TO PROVIDE A SEPARATE PRICE IN THE BID FOR EACH ITEM THAT REQUIRESCHANGING MODIFYING OR REMOVAL.22. APPLICABLE CODES THIS PROJECT SHALL CONFORM TO:2022 CALIFORNIA ADMINSTRATIVE CODE - (PART 1, TITLE 24 CCR)2022 CALIFORNIA BUILDING CODE - (PART 2, TITLE 24, CCR)2022 CALIFORNIA ELECTRICAL CODE - (PART 3 TITLE 24, CCR)2022 CALIFORNIA MECHANICAL CODE - (PART 4, TITLE 24, CCR)2022 CALIFORNIA PLUMBING CODE - (PART 5, TITLE 24, CCR)2022 CALIFORNIA GREEN BUILDING STANDARDS CODE2022 CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE - (PART 7,TITLE 24 CCR)2022 CALIFORNIA HISTORICAL CODE - (PART 8, TITLE 24)2022 CALIFORNIA FIRE CODE - (PART 9, TITLE 24, CCR)2022 CALIFORNIA EXISTING BUILDING CODE - (PART 10, TITLE 24 CCR)2022 CALIFORNIA REFERENCED STANDARDS - (PART 12, TITLE 24, CCR)

23. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND FIELD CONDITIONS BEFOREPROCEEDING WITH WORK.24. ALL CONTRACTORS AND SUBCONTRACTORS ARE RESPONSIBLE FORCONFORMING TO ALL APPLICABLE LOCAL CODES AND TRADE STANDARDS.25. CONTRACTOR TO REWORK SPRINKLERS, FIRE SAFETY SYSTEM REQUIREMENTS,SWITCHING, EXIT SIGNS AND HVAC SYSTEM AS REQUIRED.26. PD&C, INC. dba RAND KRUSE IS UNAWARE OF ANY EXISTING ASBESTOSWITHIN THE AREA OF NEW WORK. IT IS THE OWNER'S RESPONSIBILITY TOADVISE THE GENERAL CONTRACTOR AND HIS SUBS OF ANY ASBESTOS WITHINTHE FACILITY. THE GENERAL CONTRACTOR SHALL TAKE ALL NECESSARYPRECAUTIONS REQUIRED BY LAW TO PROTECT ALL WORKERS AND OCCUPANTSIF ANY ASBESTOS IS IDENTIFIED AND NOTIFY THE OWNER IMMEDIATELY.1.EXIT DOORS SHALL SWING IN THE DIRECTION OF EXIT TRAVEL WHEN SERVING ANYHAZARDOUS AREA OR WHEN SERVING AN OCCUPANT LOAD OF 50 OR MORE.2.EXIT DOORS SHALL BE READILY OPENABLE FROM THE EGRESS SIDE WITHOUT THE USEOF A KEY OR SPECIAL KNOWLEDGE OR EFFORT. (2019 CBC)EXCEPTION: THIS REQUIREMENT SHALL NOT APPLY TO EXTERIOR EXIT DOORS IN AGROUP “B” OCCUPANCY IF THERE IS A VISIBLE, DURABLE SIGN ON OR ADJACENT TO THEDOOR STATING “THIS DOOR TO REMAIN OPEN DURING BUSINESS HOURS.” THE LETTERSSHALL BE NOT LESS THAN 1 INCH HIGH ON A CONTRASTING BACKGROUND. THE LOCKINGDEVICE MUST BE A TYPE THAT WILL BE READILY DISTINGUISHABLE AS LOCKED.3.PANIC HARDWARE, WHEN INSTALLED, SHALL COMPLY WITH ALL APPLICABLEBUILDING CODE REQUIREMENTS. THE ACTIVATING MEMBER SHALL BE MOUNTED ATA HEIGHT OF NOT LESS THAN 30 INCHES NOR MORE THAN 44 INCHES ABOVE THEFLOOR. THE UNLATCHING FORCE SHALL NOT EXCEED 15 POUNDS WHEN APPLIED INTHE DIRECTION OF EXIT TRAVEL.4.THE MEANS OF EGRESS, INCLUDING THE EXIT DISCHARGE, SHALL BE ILLUMINATED ATALL TIMES THE BUILDING SPACE SERVED BY THE MEANS OF EGRESS IS OCCUPIED.THE MEANS OF EGRESS ILLUMINATION LEVEL SHALL NOT BE LESS THAN 1FOOT-CANDLE (11 LUX) AT THE WALKING SURFACE LEVEL (2019 CBC)5.EXIT ILLUMINATION SHALL COMPLY WITH 2019 CBC CHAPTER 10.6.EXIT SIGNS SHALL BE INSTALLED AT REQUIRED EXIT DOORWAYS AND WHEREOTHERWISE NECESSARY TO CLEARLY INDICATE THE DIRECTION OF EGRESS WHEN THEEXIT SERVES AN OCCUPANT LOAD OF 50 OR MORE.EXCEPTION: MAIN EXTERIOR DOORS WHICH OBVIOUSY AND CLEARLY ARE IDENTIFIABLEAS EXITS NEED TO BE SIGNED WHEN APPROVED BY THE BUILDING OFFICIAL.7.WHEN NECESSARY, THE FINAL LOCATION AND QUANTITY OF EXIT SIGNS SHALL BEDETERMINED BY THE FIRE DEPARTMENT PRIOR TO CONSTRUCTION OF ANY WORK.8.THE COLOR AND DESIGN OF LETTERING, ARROWS AND OTHER SYMBOLS ON EXITSIGN SHALL BE IN HIGH CONTRAST WITH THEIR BACKGROUND (NOT LESS THAN .75”X 6” LETTERS) (2019 CBC)9.ALL RATED COORIDOR DOORS SHALL HAVE A THRESHOLD WITH A SMOKE AND DRAFTSEAL AT HEAD AND JAMBS.10.INTERIOR WALL AND CEILING FINISHES SHALL BE NON-COMBUSTIBLE OR HAVE AFLAME SPREAD RATING OF 0 TO 25 FEET.11.ALL DRAPES, HANGING CURTAINS AND OTHER DECORATIVE MATERIALS SHALL BETREATED AND MAINTAINED IN FLAME RETARDANT CONDITION.12.IF REQUIRED BY CODE OR PLAN CHECK, CONSTRUCTION DOCUMENTS FOR THE CITYOF NEWPORT BEACH TO INCLUDE PLANS FOR FIXED FIRE PROTECTION EQUIPMENTSUCH AS STANDPIPES, SPRINKLER SYSTEMS AND FIRE ALARM SYSTEMS, MAY BESUBMITTED TO AND APPROVED BY THE STATE FIRE MARSHALL PRIOR TO ANYEQUIPMENT BEING INSTALLED. EXTEND OR MODIFY EXISTING SYSTEM AS REQUIREDTO ACCOMMODATE THIS PROJECT. (TITE 19, PART 3, TITLE 24).13. FIRE DAMPERS SHALL BE PROVIDED WHERE AIR DUCTS PENETRATE FIRE RATEDWALLS OR CEILINGS AS PER 2016 CBC CHAPTER 7. SMOKE DAMPERS SHALL BEPROVIDED WHERE AIR DUCTS PENETRATE FIRE RATED WALLS OR CEILINGS AS PER2016 CBC CHAPTER 7.14. EXTEND/MODIFY FIRE/LIFE SAFETY SYSTEM AS REQUIRED. (IF APPLICABLE)15. EXTEND FIRE SPRINKLER SYSTEMS AS REQUIRED. (IF APPLICABLE)16. FIRE SPRINKLER/OR LIFE SAFETY PLANS MUST BE SUBMITTED TO THE CITY FORREVIEW AND APPROVAL PRIOR TO BUILDING PERMIT ISSUANCE.17. A PORTALBE FIRE EXTINGUISHER WITH A MINUMUM 2A 1 OBC RATING SHALL BEPROVIDED EVERY 75' OF TRAVEL DISTANCE FROM ANY POINT WITHIN THE AREADEFINED AS SCOPE OF WORK PER THESE PLANS. PROVIDE FIRE EXTINGUISHERS ASREQUIRED BY FIRE DEPARTMENT FIELD INSPECTOR.18. ALL EMERGENCY LIGHTING SOURCES SHALL EMIT A MINIMUM VALUE OF ONE FOOTCANDLE MEASURED AT FLOOR LEVEL.19. PROVIDE EMERGENCY NOTIFICATION SYSTEM FOR THE HEARING AND VISUALLYIMPAIRED PER A.D.A. REQUIREMENTS.20. ADDRESS SHALL BE VISIBLE FROM STREET.21. KNOX BOX REQUIRED TO BE INSTALLED.22. FIRE EXTINGUISHERS REQUIRED - 2A 1 OBC EVERY 50' TRAVEL DISTANCE.23. EMERGENCY EVACUATIONS SIGNAGE REQUIRED TO BE POSTED AT LOCATIONSAPPROVED BY FIRE DEPT.24. EXIT HARDWARE SHALL COMPLY WITH CBC CHAPTER ON EXITING.25. DO NOT UNDERCUT FIRE RATED DOORS. EXIT DOORS MUST BE TIED IN TO THE FIRESAFETY SYSTEM.26.ALL MANUALLY OPERATED EDGE OR SURFACE-MOUNTED FLUSH BOLTS AREPROHIBITED ON EXIT DOORS. WHEN EXIT DOORS ARE USED IN PAIRS ANDAPPROVED AUTOMATIC FLUSH BOLDS ARE USED, THE DOOR LEAD HAVING THEAUTOMATIC FLUSH BOLTS SHALL HAVE NO DOOR KNOB OR SURFACE-MOUNTEDHARDWARE. THE UNLATCHING OF ANY LEAF SHALL NOT REQUIRE MORE THAN ONEOPERATION.27.ALL EXIT DOOR HARDWARE SHALL BE OF AN APPROVED TYPE AND TESTED INACCORDANCE WITH PROCEDURES ESTABLISHED BY SFM 33.2 AND SFM 33.3 ASSHOWN IN CHAPTER 2-60 OF TITLE 24.28.ALL HOLLOW METAL DOOR FRAMES SHALL BE PROVIDED WITH STEEL FRAMES.

ENTRANCES & EXITS1.ALL ENTRANCES AND ALL EXTERIOR GROUND FLOOR EXIT DOORS TOBUILDINGS AND FACILITIES SHALL BE MADE ACCESSIBLE TO PERSONSWITH DISABILITIES. (2019 CBC 11B-206.4)2.ALL ACCESSIBLE ENTRANCES SHALL BE IDENTIFIED WITH AT LEAST ONESTANDARD SIGN AND WITH ADDITIONAL DIRECTIONAL SIGNS, ASREQUIRED, VISIBLE FROM APPROACHING PEDESTRIAN WAYS.3.ALL GATES, INCLUDING TICKET GATES, SHALL MEET ALL APPLICABLEACCESSIBILITY SPECIFICATIONS OF DOORS. (2019 CBC 11B-206.5)4.EVERY REQUIRED EXIT DOORWAYS WHICH IS LOCATED WITHIN ANACCESSIBLE PATH OF TRAVEL SHALL BE CAPABLE OF OPENING AT LEAST90 DEGREES, SHALL HAVE A MINIMUM CLEAR OPENING OF 32”, ANDSHALL BE OF A SIZE AS TO PERMIT THE INSTALLATION OF A DOOR NOTLESS THAN 3' IN WIDTH AND NOT LESS THAN 6'-8” IN HEIGHT. (2016CBC 11B-404.2.3)5.WHERE PAIR OF DOORS IS UTILIZED AT LEAST ONE OF THE DOORSSHALL PROVIDE A CLEAR UNOBSTRUCTED OPENING WIDTH OF32-INCHES WITH THE LEAF POSITIONED AT AN ANGLE OF 90 DEGREESFROM ITS CLOSED POSITION. (2019 CBC 11B-404.2.2, 404.2.3)6.LATCHING AND LOCKING DOORS THAT ARE HAND ACTIVATED ANDWHICH ARE IN PATH OF TRAVEL SHALL BE OPERABLE WITH A SINGLEEFFORT BY LEVER TYPE HARDWARE, BY PANIC BARS, PUSH-PULLACTIVATING BARS, OR OTHER HARDWARE DESIGNED TO PROVIDEPASSAGE. (2019 CBC 11B-404.2.7, 309-4).7.OPERABLE PARTS OF DOOR HARDWARE HARDWARE MOUNTEDBETWEEN 34-INCHES AND 44-INCHES ABOVE FINISHED FLOOR. (2019CBC 11B-404.2.7)8.THE FLOOR LANDING ON EACH SIDE OF AN ENTRANCE OR PASSAGEDOOR SHALL BE LEVEL AND CLEAR. THE LEVEL AND CLEAR AREA SHALLHAVE A LENGTH IN THE DIRECTION OF DOOR SWING OF AT LEAST 60 -INCHES AND THE LENGTH OPPOSITE THE DIRECTION OF DOOR SWINGOF 44 - INCHES AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THEDOOR IN ITS CLOSED POSITION.9.THE WIDTH OF THE LEVEL AREA ON THE SIDE TO WHICH THE DOORSWINGS SHALL EXTEND 24-INCHES PAST THE STRIKE EDGE OF THEDOOR FOR EXTERIOR DOORS AND 18-INCHES PAST THE STRIKE EDGEFOR THE INTERIOR DOORS. WHERE A DOOR IS REQUIRED TO BEACCESSIBLE IS LOCATED IN A RECESS OR ALCOVE WHERE THE DISTANCEFROM THE FACE OF THE WALL TO THE FACE OF THE DOOR IS GREATERTHAN 8 INCHES, STRIKE SIDE CLEARANCE PER SECTION 11B-404.2.4SHALL BE PROVIDED. (2016 CBC 11B-404.2.4, 11B-404.2.4.3).10.THE FLOOR OR LANDING SHALL BE NOT MORE THAN ½ - INCH LOWERTHAN THE THRESHOLD OF THE DOORWAY. CHANGE IN LEVEL BETWEEN¼ - INCH AND ½ - INCH SHALL BE BEVELED WITH A SLOPE NOGREATER THAN 1:2. (CBC 2019 404.2.5).11.THE BOTTOM 10-INCHS OF ALL DOORS EXCEPT AUTOMATIC ANDSLIDING SHALL HAVE A SMOOTH UNITERRUPTED SURFACE TO ALLOWTHE DOOR TO BE OPENED BY A WHEELCHAIR FOOTREST WITHOUTCREATING A TRAP OR HAZARDOUS CONDITION. WHERE NARROWFRAME DOORS ARE USED, A 10-INCH HIGH SMOOTH PANEL SHALL BEINSTALLED ON THE PUSH SIDE OF THE DOOR, WHICH WILL ALLOW THEDOOR TO BE OPENED BY A WHEELCHAIR FOOTREST WITHOUT CREATINGA TRAP OR HAZARDOUS CONDITION. (2019 CBC 11B-404.2.10).12.MAXIMUM EFFORT TO OPERATE INTERIOR AND EXTERIOR DOORS SHALLNOT EXCEED 5 LBS. SUCH PULL OR PUSH EFFORT BEING APPLIED ATRIGHT ANGLES TO HINGED DOORS AND AT THE CENTER PLANE OFSLIDING OR FOLDING DOORS. COMPENSATING DEVICES ORAUTOMATIC DOOR OPERATORS MAY BE UTILIZED TO MEET THE ABOVESTANDARDS. WHEN FIRE DOORS ARE REQUIRED, THE MAXIMUMEFFORT TO OPERATE THE DOOR MAY BE INCREASED TO THE MINIMUMALLOWED BY THE APPROPRIATE ADMINSTRATIVE AUTHORITY, NOT TOEXCEED 15 LBS. (2019 CBC 11B-404.2.9).13.FOR HINGED DOORS, THE OPENING WIDTH SHALL BE MEASURED WITHTHE DOOR POSITION AT AN ANGLE OF 90 DEGREES FROM THE CLOSEDPOSITION. (2019 CBC 11B-404.2.3)14.WHERE A PAIR OF DOORS IS UTILIZED, AT LEAST ONE OF THE DOORSSHALL PROVIDE A CLEAR, UNOBSTRUCTED OPENING WIDTH OF 32"WITH THE LEAF POSITIONED AT AN ANGLE OF 90 DEGREES FROM ITSCLOSED POSITION. (2019 CBC 11B-404.2.2, 404.2.3)15.MINIMUM MANEUVERING CLEARANCES AT DOORS SHALL BE ASSHOWN IN FIGURE 11B-404.2.4.1. THE FLOOR OR GROUND AREAWITHIN THE REQUIRED CLEARANCES SHALL BE LEVEL AND CLEAR. (2019CBC 11B-404.2.4, 404.2.4.4)

29.FIRE EXTINGUISHERS HAVING A GROSS WEIGHT NOT EXCEEDING 40 POUNDSSHALL BE INSTALLED SO THAT THE TOP OF THE FIRE EXTINGUISHER IS NOTMORE THAT 5 FEET ABOVE THE FLOOR. FIRE EXTINGUISHERS HAVING AGROSS WEIGHT GREATER THAN 40 POUNDS (EXCEPT WHEELED TYPES)SHALL BE SO INSTALLED THAT THE TOP OF THE FIRE EXTINGUISHER IS NOTMORE THAN 3 12 FEET ABOVE THE FLOOR. IN NO CASE SHALL THE CLEARANCEBETWEEN THE BOTTOM OF THE EXTINGUISHER AND THE FLOOR BE LESSTHAN 4 INCHES.30.WHEELED FIRE EXTINGUISHER SHALL BE CONSPICUOUSLY LOCATED IN ADESIGNATED LOCATION.31.PORTABLE FIRE EXTINGUISHER SHALL NOT BE OBSTRUCTED OR OBSCUREDFROM VIEW. IN ROOMS OR AREAS IN WHICH VISUAL OBSTRUCTIONCANNOT BE COMPLETELY AVOIDED, MEANS SHALL BE PROVIDED TOINDICATE THE LOCATIONS OF EXTINGUISHERS.32.CABINETS USED TO HOUSE PORTABLE FIRE EXTINGUISHERS SHALL NOT BELOCKED.33.ONLY A CONTRACTORS STATE LICENSING BOARD LICENSED C-16CONTRACTOR SHALL INSTALL A FIRE SPRINKLER SYSTEM.34.THE CONTRACTOR SHALL BE FAMILIAR WITH AND SHALL COMPLY WITHCHAPTER 33 "FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION," ANDCHAPTER 35 "WELDING AND OTHER HOT WORK" OF THE 2016 CALIFORNIAFIRE CODE.35.COMBUSTIBLE SCRAP MATERIALS AND SCRAP LUMBER SHALL BE PICKED UPON A DAILY BASIS, OR MORE FREQUENTLY, AS REQUIRED BY THE FIREDEPARTMENT. COMBUSTIBLE DEBRIS SHALL NOT BE ACCUMULATED WITHBUILDINGS (CFC 3304.2)36.OPEN BURNING IS PROHIBITED ANYWHERE ON THE SITE DURINGCONSTRUCTION, ALTERATION OR DEMOLITION (CFC 3304.3)37.A FIRE DEPARTMENT FINAL INSPECTION IS REQUIRED. CONTACT THE COUNTYFIRE PREVENTION DIVISION A MINIMUM OF 72 HOURS IN ADVANCE TOSCHEDULE INSPECTIONS AND TESTS.

16.PROVIDE CLEAR SPACE OF 12" PAST STRIKE EDGE OF THE DOOR ON THEOPPOSITE SIDE TO WHICH THE DOOR SWINGS IF THE DOOR ISEQUIPPED WITH BOTH A LATCH AND A CLOSER.17.WHERE THE DOOR OPENS INTO A STAIR OF A SMOKE PROOFENCLOSURE, THE LANDING NEED NOT HAVE A LENGTH OF 60".18.WHEN THE DOOR HAS A CLOSER, THEN THE SWEEP PERIOD OF THECLOSER SHALL BE ADJUSTED SO THAT FROM AN OPEN POSITION OF 90DEGREES, THE TIME REQUIRED TO MOVE THE DOOR TO A POSITION OF12 DEGREES FROM THE LATCH IS 5 SECONDS MINIMUM. (2019 CBC11B-404.2.8.1)19.ALL DOORS AND ALCOVES SHALL COMPLY WITH THE CLEARANCES FORFRONT APPROACHES.20.PROVIDE TACTILE EXIT SIGN PER SECTION 11B-202.421.ACCESSIBLE STALL IN MULTI-ACCOMMODATION TOILET FACILITIESSHALL BE A MINIMUM OF 60" WIDE PER (2019 CBC 11B-213.2)22. PROVIDE TACTILE EXIT SIGN PER SECTION 11B-202.4.23.ACCESSIBLE STALL IN MULTI-ACCOMMODATION TOILET FACILITIESSHALL BE A MINIMUM OF 60” WIDE PER (2019 CBC 11B-213.2).AISLES1.EVERY CORRIDOR SHALL BE AS SHOWN ON THE PLANS AND SHALL BEDETERMINED AS PER CBC CHAPTER 10.2.EVERY PORTION OF EVERY BUILDING IN WHICH ARE INSTALLED SEATS,TABLES, MERCHANDISE, EQUIPMENT OR SIMILAR MATERIALS SHALL BEPROVIDED WITH AISLES LEADING TO AN EXIT. (2019 CBC CHAPTER 10,SECTION 1017)NOTIFICATION APPLIANCES FOR THE HEARING IMPAIRED1.APPROVED NOTIFICATION APPLIANCES FOR THE HEARING IMPAIREDSHALL BE INSTALLED IN ACCORDANCE WITH THE PROVISIONS OF NFPA72 AND CBC, CHAPTER 9, SECTION 907.9.1 AND 907.9.22.STROBE SIGNALING DEVICES REQUIRED FOR THE HEARING IMPAIREDSHALL BE STATE FIRE MARSHALL, NFPA 72: PER CHAPTER 6, SECTION6-4, VISIBLE CHARACTERISTICS, PUBLIC MODE.3.THE FLASH RATE SHALL NOT EXCEED 3 FLASHES PER SECOND NORBELESS THAN 1 FLASH EVERY THREE SECONDS NFPA 72: PER CHAPTER 6,SECTION 6-4.2, LIGHT PULSE CHARACTERISTICS.4.AUDIBLE SIGNALS INTENDED FOR OPERATION IN THE PUBLIC MODESHALL HAVE A SOUND LEVEL OF NOT LESS THATN 75 dBA AT 10' ORMOREE THAN 130 dBA AT THE MINIMUM HEARING DISTANCE FROMTHE AUDIBLE APPLIANCE. NFPA 72: PER CHAPTER 6, SECTION 6-3,AUDIBLE CHARACTERISTICS, PUBLIC MODE.ACCESSIBLE DOORS1.ACCESSIBLE ENTRANCES AND EXITS FROM A BUILDING MUST BEPROVIDED, ACCORDING TO 2016 CBC.2.MANEUVERING CLEARANCES AT DOORS SHALL BE LEVEL (1:50 MAX.SLOPE) AND CLEAR IF DOORS ARE NOT AUTOMATIC OR POWERASSISTED.3.GATES MUST MEET ACCESSIBLE REQUIREMENTS FOR DOORS.4.PROVIDE ACCESSIBLE DOORS OR GATES ADJACENT TO REVOLVINGDOORS OR TURNSTILES.5.DOUBLE LEAF DOORS SHALL HAVE AT LEAST THE ACTIVE LEAF MEET ALLDOOR REQUIREMENTS.6.ALL DOORS IN ALCOVES SHALL COMPLY WITH THE CLEARANCES FORFRONT APPROACHES.

STAR USA IMPORTS INC.91050 TELEGRAPH ROADMONTEBELLO, CA 90640 EXISTING PARKING (NO CHANGE)256 TOTAL EXISTING PARKING SPACES PROVIDED AND MAINTAINED ON PARCEL. INCLUDES 12 VAN ACCESSIBLE AND 2 REGULAR ACCESSIBLE SPACES.

A.3.0EXTERIOR ELEVATIONSA.3.1SECTION AND ILLUSTRATIONSBUILDING AREAA.CONSTRUCTION TYPE (CHAPTER 6):III-BB.FULLY SPRINKLERED (CHAPTER 9):YESC.ALLOWABLE (CHAPTER 5)C.A.ALLOWABLE STORIES (TABLE 504.4)3 C.B.ALLOWABLE HEIGHT (TABLE 504.3)75 FT.C.C.ALLOWABLE FLOOR AREA (TABLE 506.2.1)F-1 OCC.:*48,000 SF.S-1 OCC:*104,000 SF.D.ACTUAL:D.A.ACTUAL STORIES1 D.B.ACTUAL HEIGHT29'-6" AFGD.C.ACTUAL FLOOR AREA (TOTAL)F-1 OCC. :54,180 SF.S-1 OCC.:48,030 SF.NOTE: SEE A.1.0 FOR SUITE SF TOTALS AND OCCUPANCIES.*PER CBC SECTION 507.4, BUILDING AREA IS UNLIMITED IN B,F, AND S OCCUPANCIES.

CO2 ENRICHMENT NOTESCO2 STORAGE AND DISTRIBUTION /ENRICHMENT PLANUNDER SEPARATE APPLICATION AND PERMIT.FIRE ALARM SYSTEMUNDER SEPARATE APPLICATION AND PERMIT.RACKING SYSTEMUNDER SEPARATE APPLICATION AND PERMIT.

1.CO2 ENRICHMENT WILL BE CONDUCTED ON THESE PREMISES WITHIN THE CULTIVATION ROOMS. CO2 WILL BE STORED AT THE EXTERIOR OF THE BUILDING IN LIQUIDFORM WITHIN A FIXED TANK DESIGNED FOR THIS PURPOSE (SEE A.1.0 SITE PLAN, KEYNOTE 'F'). LIQUID CO2 IS CONVERTED TO GAS AT THE EXTERIOR OF THE BUILDINGAND DISTRIBUTED TO THE CULTIVATION ROOMS WITHIN THE BUILDING. THE CO2 ENRICHMENT OPERATIONS WILL BE CONTROLLED USING A MONITORING ANDCONTROL SYSTEMS DESIGNED FOR THIS PURPOSE. A SEPARATE CO2 DETECTION AND ALARM SYSTEM IS PROVIDED PER FIRE CODE REQUIREMENTS.2.THE STORAGE, USE AND HANDLING OF COMPRESSED GASSES IN COMPRESSED GAS CONTAINERS, CYLINDERS, TANKS AND SYSTEMS SHALL COMPLY WITH THE FIRECODE CHAPTER 53 AND NFPA 55.3.COMPRESSED GAS CYLINDERS SHALL BE CLEARLY MARKED WITH THE NAME OF THE GAS CONTAINED THEREIN. FIRE CODE 5301.1 CYLINDERS CONTAINING CARBONDIOXIDE SHALL BEAR GRAY COLOR MARKINGS AND LABELS.4.A GAS DETECTION SYSTEM SHALL BE PROVIDED TO MONITOR AREAS WHERE CO2 CAN ACCUMULATE. THE SYSTEM SHALL BE SESIGNED TO INITIATE A LOCAL AUDIBLEAND VISIBLE ALARM IN THE ROOM OR AREA IN WHICH THE SENSOR IS INSTALLED WHEN THE LEVEL OF CO2 EXCEEDS 5,000 PPM. FIRE CODE 5307.5.25.INDOOR STORAGE AND USE AREAS AND STORAGE BUILDINGS SHALL BE PROVIDED WITH VENTILATION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 5004.3.WHERE MECHANICAL VENTILATION IS PROVIDED, THE SYSTEMS SHALL BE OPERATIONAL DURING SUCH TIME AS THE BUILDING OR SPACE IS OCCUPIED. EXCEPTION: AGAS DETECTION SYSTEM COMPLYING WITH SUBSECTION (I.5) SHALL BE PERMITTED IN LIEU OF MECHANICAL VENTILATION. FIRE CODE 5307.5.1 STRUCTURAL ENGINEERFICCADENTI WAGGONER AND CASTLE16969 VON KARMAN AVE.IRVINE, CA 92606949-474-0502 FIRE EXTINGUISHER PLANUNDER SEPARATE APPLICATION AND PERMIT.SECONDARY POWER SUPPLYUNDER SEPARATE APPLICATION AND PERMIT.HAZARDOUS MATERIALS DECLARATIONTHIS BUILDING WILL USE CARBON DIOXIDE IN THE AMOUNT OF 6000 LBS.(MAX.), WHICH IS IN EXCESS OF NON-REPORTABLE AMOUNTS OF HAZARDOUSMATERIALS.ASBESTOS SURVEY NOTEAN ASBESTOS SURVEY AND AQMD NOTIFICATION IS REQUIRED TO BEPERFORMED BY A CERTIFIED ASBESTOS CONTRACTOR PRIOR TO ISSUANCE OF ABUILDING PERMIT.

A.CS.2CONDITIONS OF APPROVAL DOCUMENT
CULT. RUN-OFF STATEMENTTHE PROPOSED GROW MEDIA (POTTING MATERIAL) FOR THIS FACILITY IS ROCKWOOL ONLY. NOT SOIL OR PARTICULATE WILL BE INCLUDED IN THE RUN-OFFLIQUID.

NO LOITERING SIGNAGE UNDER SEPARATEAPPLICATION AND PERMIT.

SHEET NUMBER:

REVISIONS
COVER SHEETSHEET NAME:

PROJECT:

STAMP:JOB NUMBER:XXXXXDATE:11.01.23
CONSULTANT:

DRAWINGS AND WRITTEN MATERIAL APPEARING HEREINCONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF PD&C, INC.dba RAND KRUSE AND MAY NO BE DUPLICATED, USED ORDISCLOSED WITHOUT WRITTNE CONSENT OF PD&C, INC. dbaRAND KRUSE.

TENANT IMPROVEMENT OF 7109 TELEGRAPH RD. MONTEBELLO, CA

ACONCEPTUAL
3419 Via Lido, Ste. 225Newport Beach, CA 92663949.500.9416 www.intrepid-group.net ACS.0
B90% CD'S
ASP.0SPECIFICATIONSASP.1SPECIFICATIONSASP.2SPECIFICATIONS ELECTRICAL ENGINEEROVIS ELECTRIC INC.1117 N. FOUNTAIN WAYSUITE AANAHEIM, CA 92806714-630-7772PLUMBING ENGINEERCATT PLUMBING231 E. ALESSANDRO BLVD.RIVERSIDE, CA 92508951-789-8204 CUSE PERMIT SUBMITTALDBUILDING DEPT. SUBMITTAL
E1.0ELECTRICAL SINGLE-LINE, PANEL SCHED.E2.0ELECTRICAL LIGHTING PLANE3.0ELECTRICAL POWER PLANE4.0ELECTRICAL GROW-LIGHTING PLANE5.0ELECTRICAL ROOF PLANE6.0ELECTRICAL TITLE-24M-1MECHANICAL SCHEDULES & DETAILSM-2MECHANICAL FLOOR AND ROOF PLANSM-3MECHANICAL TITLE-24P-1.0PLUMBING NOTES AND SCHEDULESP-2.0PLUMBING HW & CW PLANP-2.1PLUMBING WASTE AND VENTP-2.2PLUMBING CONDENSATE DRAINP-4.0PLUMBING W&V RISER DIAGRAMP-4.1PLUMBING HW & CW RISER DIAGRAMP-5.0PLUMBING DETAILS

FIRE ALARM SYSTEMTELEPHONE/DATA JACK & SETSTELEPHONE/DATA CONDUIT & PULL WIREEXIT SIGNAGELIGHTING FIXTURESSWITCHES, OUTLETS, LOW VOLTAGE CONTROL STATIONTRANSFORMERSPANELSRETURN AIR DUCTWORK & GRILLESEXHAUST FAN & VENTING

SECURITY ALARM SYSTEMDISTRIBUTIONHVAC UNITSAIR DISTRIBUTION, DUCT WORK & DIFFUSERSMECHANICAL & PLUMBINGTEMPERATURE CONTROLSAIR BALANCINGSECURITY CAMERAS

FIRE EXTINGUISHERS

FURRING/BLOCKING/BACKING
WALLS- PAINTGYP. BD.FLOORINGFRAMES & HARDWAREDOORS & WINDOWSGYP. BD. OVER STUD, NON-BEARING INTERIOR PARTITIONSDOORSDEMOLITIONPARTITIONSTRASH REMOVAL & DUMPSTERCLEAN-UP & FINAL CLEANINGOTHER PERMITS, FEES, INSURANCETEMPORARY BARRICADESDEMOLITIONBUILDING PERMITGENERAL

EXISTINGTENANT'SVENDORNOT APPLICABLEGCTENANT OR TENANT'SINSTALLSUPPLYINSTALLSUPPLYSUPPLYINSTALL

BASECEILING- PAINT

LANDLORD'SCONTRACTOR

ADA SIGNAGECULTIVATION EQUIPMENT

INSPECTION/COORDINATIONTEMPORARY UTILITIESINSURANCE

FINISHESSPECIALTIESEQUIPMENT

ELECTRICAL PERMITEMERGENCY LIGHTINGTELEPHONE BACKBOARD & WALL MOUNTING PERMIT

FIXTURESWATER HEATER / BOILERSANITARY DRAINCULTIVATION PROCESS PIPINGPLUMBINGPERMITBATHROOM ACCESSORIES

AUDIO VISUAL EQUIPMENT

STOREFRONT WINDOWS & DOORS

CONDUIT FOR DATA RUNS
SPECIAL INSPECTIONS, AS REQ'D I.E. FIELD WELDING

DRAWINGSMODIFICATION TO FIRE SPRINKLER PIPING, HEADS, DROPSFIRE/LIFE SAFETYPERMITS

COORDINATE

AUDIO VISUAL WIRING

INTERIOR WINDOWS

GC TO COORDINATE RE-ACTIVATION W/ TENANT

DPS PANELS (FREEZER PANELS)
AF-1CO2-1DH-1F-1F-2FC-1 THROUGH FC-12 (SEE MECHANICAL DRAWINGS) FS-1GL-1GL-2GR-1GR-2GR-3P-1P-2RO-1SBR-1T-1

CULTIVATION PROCESS DRAINHOT AND COLD WATER PIPING
PREPARED BY:OWNER: MONTEBELLO FIRE DEPT. NOTES1.EMERGENCY RESPONSE REPORTING OF EMERGENCIES, COORDINATION WITHEMERGENCY RESPONSE FORCES, EMERGENCY PLAN AND PROCEDURES FORMANAGING OR REPOSNDING TO EMERGENCIES SHALL COMPLY WITH THEPROVISIONS OF CFC SECTION 401.2."DRY ROOMS' SHALL MEET CFC CHAPTER 9.3.NO SMOKING IS ALLOWED IN THIS FACILITY, CFC SECTION 310.4.HANGING PLASTIC FILMS SHALL NOT BE USED TO CREATE WALLS, CEILINGS, ORROOMS. WHERE PLASTIC FILMS ARE APPLIED TO THE WALLS OR CEILINGS AS ANINTERIOR FINISH, MATERIAL INSTALLATION SHALL COMPLY WITH THE CBC CHAPTER8 INTERIOR FINISHES. PLASTIC FILM, FOAM PLASTIC INSULATION AND THE PAPERFACING ON FIBERGLASS INSULATION MUST BE RATED AND COVERED WITH ANAPPROVED THERMAL BARRIER.5.ALL INTERIOR WALL AND CEILING FINISH MATERIALS SHALL BE LISTED AS CLASS A,CLASS B OR C.ASS C IN ACCORDANCE WITH ASTM E84 OR UL723, INCLUDING FLAMESPREAD AND SMOKE-DEVELOPED INDEXES, AND EXCLUDING MATERIALS </= 0.036"THICK APPLIED DIRECTLY TO THE SURFACE OF WALLS AND CEILINGS, CBC SECTIONS803.1.1 AND 803.26.THE MEANS OF EGRESS, INCLUDING THE EXIT DISCHARGE, SHALL BE ILLUMINATED ATALL TIMES THE BUILDING SPACE IS OCCUPIED IN ACCORDANCE WITH THE CBCSECTION 1008. AN 8 12" X 11" MAP DISPLAYING THE GENERAL FLOOR PLAN OF THEFACILITY SHALL BE POSTED NEAR THE MAIN ENTRANCE IN A CLEAR PROTECTIVECOVER.7.STORAGE OF COMBUSTIBLE MATERIALS IN BUILDING SHALL BE ORDERLY ANDSHAALL BE SEPARATED FROM HEATERS OR HEATING DEVICES BY DISTANCE ORSHIELDING SO THAT IGNITION CANNOT OCCUR PER CFC SECTION 315.3.8.ANY SECURITY DEVICE OR SYSTEM THAT EMITS ANY MEDIUM THAT COULD OBSCUREA MEANS OF EGRESS IN ANY BUILDING, STRUCTURE OR PREMISE SHALL BEPROHIBITED PER CFC SECTION 316.5.9.THE PROVISIONS OF THE CFC SECTIONS 407.2 THROUGH 407.7 SHALL BEAPPLICABLE WHERE HAZARDOUS MATERIALS ARE SUBJECT TO PERMITS UNDER CFCSECTIONS 105.6 AND 105.7 AND ARE LOCATED ON THE PREMISES OR WHEREREQUIRED BY THE FIRE CODE OFFICIAL.10.ELECTRONIC ACCESS CONTROL SYSTEMS ON EGRESS DOORS SHALL COMPLY WITHCBC SECTION 1010.1.9.11.SMOKE AND HEAT VENTS SHALL BE INSTALLED PER CFC SECTION 910.2 IN THE ROOFSOF ONE-STORY BUILDINGS OR PORTIONS THEREOF OCCUPIED IN GROUP F-1 HAVINGMORE THATN 50,000 SF OF UNDIVIDED AREA.12.SAFETY DATA SHEETS (SDS) FOR ALL CHEMICALS/HAZARDOUS MATERIALS MUST BEKEPT AT THE FACILITY.13.THE STORAGE USE AND HANDLING OF ALL HAZARDOUS MATERIALS SHALL BE INACCORDANCE WITH CFC CHAPTER 50. THE MAXIMUM ALLOWABLE QUANTITY OFHAZARDOUS MATERIALS PER CONTROL AREA WILL BE ESTABLISHED USING CFCSECTION 5003.1.A. THE MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREASHALL BE AS SPECIFIED IN CFC TABLES 5003.1.1 (1) THROUGH 5003.1.1 (4).14.THE INSTALLATION OF SECURITY GATES ACROSS A FIRE APPARATUS ACCESS ROADSHALL BE APPROVED BY THE FIRE CHIEF. WHERE SECURITY GATES ARE INSTALLED,THEY SHALL HAVE AN APPROVED MEANS OF EMERGENCY OPERATION. THE SECURITYGATES AND THE EMERGENCY OPERATION SHALL BE MAINTAINED OPERATIONAL ATALL TIMES. ELECTRIC GATE OPERATORS, WHERE PROVIDED, SHALL BE LISTED INACCORDANCE WITH UL 325. GATES INTENDED FOR AUTOMATIC OPERATION SHALL BEDESIGNED , CONSTRUCTED AND INSTALLED TO COMPLY WITH THE REQUIREMENTS OFASTM F2200 (2016 CFC 503.6 SECURITY GATES).15.ANY GATE SECURING ANY DRIVEWAY SHALL COMPLY WITH THE FOLLOWINGCRITERIA:15.1.A KNOX BOX WITH A KNOX MASTER KEY SHALL BE ON OR NEXT TO THE GATE.15.2.GATE WIDTH SHALL NOT BE LESS THAN 20 FT.15.3.GATES SHALL NOT BE OF THE SWINGING OR SLIDING TYPE.15.4.CONSTRUCTION OF THE GATE SHALL BE OF MATERIALS THAT ALLOW MANUALOPERATION BY ONE PERSON.15.5.GATE COMPONENTS SHALL BE MAINTAINED IN A OPERATIVE CONDITION ATALL TIMES AND REPLACED OR REPAIRED WHEN DEFECTIVE.15.6.ELECTRIC GATES SHALL BE EQUIPPED WITH A MEANS OF OPENING THE GATEBY FIRE DEPARTMENT PERSONNEL FOR EMERGENCY ACCESS. EMERGENCYOPENING DEVICES SHALL BE APPROVED BY THE FIRE CODE OFFICIAL.15.7.METHOD OF LOCKING SHALL BE SUBMITTED FOR APPROVAL BY THE FIRECODE OFFICIAL.15.8.METHOD OF LOCKING SHALL BE SUBMITTED FOR APPROVAL BY THE FIRECODE OFFICIAL. ELECTRIC GATE OPERATORS, WHERE PROVIDED, SHALL BELISTED IN ACCORDANCE WITH UL 325.15.9.GATES INTENDED FOR AUTOMATIC OPERATION SHALL BE DESIGNED ,CONSTRUCTED AND INSTALLED TO COMPLY WITH THE REQUIREMENTS OFASTM F2200.16.FIRE APPARATUS ACCESS ROAD SHALL BE MARKED WITH PERMANENT "NO PARKING-- FIRE LANE" SIGNS COMPLYING WITH CFC FIGURE D103.6.17.PROVIDE A 20 -LB, CLASS 4-A:80-B:C UL RATED PORTABLE FIRE EXTINGUISHERWITHIN 10 FEET OF EACH EXTERIOR EXIT; IN GROWING ROOMS, EXTRACTION LAB,DRYING ROOM, PROCESSING ROOM, AND PACKAGING ROOM WITHIN 10 FEET FROMTHE EXIT ACCESS DOORS; AND ELSEWHERE SUCH THAT THE DISTANCE FROM ANYPOINT IN THE BUILDING TO A FIRE EXTINGUISHER WILL NO EXCEED 50 FEET. CLASS AFRO TRASH, WOO AND PAPER; CLASS B FOR FLAMMABLE LIQUIDS AND GASES; CLASSC FOR ELECTRICAL FIRE. THE FIRE EXTINGUISHERS SHAALL BE LOCATED SUCH THATTHEY ARE VISIBLE AND READILY AVAILABLE CFC SECTION 906.3.18.PROVIDE A MANUAL FIRE ALARM BOX NOT MORE THAN 5 FEET FROM EACHENTRANCE ON THE FIREST FLOOR, AND NOT MORE THAN 5 FEET FROM EACHSTAIRWAY LANDING ON THE SECOND FLOOR (CBC 907.4.2). DENOTE THE HEIGHT OFTHE FIRE ALARM BOX SHALL BE BETWEEN 42" AND 48" AFF, SHALL BE RED INCOLOR, AND INSTALL A PERMANENT SIGN ADJACENT TO EACH MANUAL FIRE ALARMBOX THAT READS: WHEN ALARM SOUNDS CALL FIRE DEPARTMENT (907.4.2.2)DENOTE EACH FIRE ALARM BOX SHALL BE TRANSPARENT OR RED IN COLOR WITH ATRANSPARENT FACE TO PERMIT VISIBILITY OF THE MANUAL FIRE ALARM BOX(907.4.2.5).19.PROVIDE A 20-LB MULTIPURPOSE 4-A:80-B:C PORTABLE FIRE EXTINGUISHER NEAREACH FIRE ALARM. FIRE EXTINGUISHERS SHALL BE LOCATED SUCH THAT THEY AREVISIBLE AND READILY AVAILABLE. CFC SECTION 906.3.

CO2 GAS DETECTION SYSTEM NOTES1.CO2 GAS DETECTION SYSTEM PLANS AND SPECIFICATIONS SHALL BE DEVELOPED ANDSUBMITTED TO THE APPROPRIATE JURISDICTIONS UNDER SEPARATE APPLICATIONAND PERMIT.2.PRESSURE RELIEF, VENT PIPING, FILL INDICATORS, FILL CONNECTIONS, VENTTERMINATIONS, PIPING SYSTEM AS WELL AS THE STORAGE, USE AND HANDLING OFTHE CARBON DIOXIDE SHALL BE IN ACCORDANCE WITH CHAPTER 53 OF THECALIFORNIA FIRE CODE AND NFPA 55.3.A CONTINUOUS GAS DETECTION SYSTEM SHALL BE PROVIDED IN THE ROOM ORINDOOR AREA IN WHICH THE CARBON DIOXIDE ENRICHMENT PROCESS IS LOCATED.IN THE ROOM OR INDOOR AREA IN WHICH THE CONTAINER SYSTEMS ARE LOCATEDAND IN OTHER AREAS WHERE CARBON DIOXIDE IS EXPECTED TO ACCUMULATE,INCLUDING ROOMS OR AREAS DIRECTLY ADJACENT TO THE ENRICHMENT AREACONNECTED BY DOORS OR OTHER MEANS OF TRAVEL. CARBON DIOXIDE SENSORSSHALL BE PROVIDED WITHIN 12 INCHES OF THE FLOOR IN THE AREA WHERE THE GASIS EXPECTED TO ACCUMULATE OR WHERE LEAKS ARE MOST LIKELY TO OCCUR. THESYSTEM SHALL BE DESIGNED AS FOLLOWS:3.1.ACTIVATE A LOW-LEVEL ALARM UPON DETECTION OF A CARBON DIOXIDECONCENTRATION NOT TO EXCEED 5,000 PPM.3.2.ACTIVATE A HIGH-LEVEL ALARM UPON DETECTION OF A CARBON DIOXIDECONCENTRATION NOT TO EXCEED 30,000 PPM.4.A GAS DETECTION SYSTEM SHALL BE PROVIDED TO MONITOR AREAS WHERE CARBONDIOXIDE CAN ACCUMULATE. THE SYSTEM SHALL BE DESIGNED TO INITIATE A LOCALAUDIBLE AND VISUAL ALARM IN THE ROOM OR AREA IN WHICH THE SENSOR ISINSTALLED WHEN THE LEVEL OF CARBON DIOXIDE EXCEEDS 5,000 PPM.5.ACTIVATION OF THE LOW-LEVEL GAS DETECTION SYSTEM ALARM SHALLAUTOMATICALLY:5.1.STOP THE FLOW OF CARBON DIOXIDE TO THE PIPING SYSTEM.5.2.ACTIVATE THE MECHANICAL EXHAUST VENTILATION SYSTEM.5.3.ACTIVATE AN AUDIBLE AND VISIBLE SUPERVISORY ALARM SIGNAL AT ANAPPROVED LOCATION WITH THE BUILDING.6.ACTIVATION OF TGHE LOW-LEVEL GAS DETECTION SYSTEM ALARM SHALLAUTOMATICALLY:6.1.STOP THE FLOW OF CARBON DIOXIDE TO THE PIPING SYSTEM.6.2.ACTIVATE THE MECHANICAL EXHAUST VENTILATION SYSTEM.6.3.ACTIVATE AN AUDIBLE AND VISIBLE EVACUATION ALARM, BOTH INSIDE ANDOUTSIDE OF THE CARBON DIOXIDE ENRICHMENT AREA AND THE AREA INWHICH THE CARBON DIOXIDE CONTAINERS ARE LOCATED.7.GAS DETECTION SYSTEM FAILURE: FAILURE OF THE CARBON DIOXIDE GAS DETECTIONSYSTEM SHALL RESULT IN IMMEDIATE ACTIVATION OF THE VENTILATION SYSTEMAND THE SHUTDOWN OF THE CARBON DIOXIDE ENRICHMENT SYSTEM.8.PRESSURIZATION AND VENTILATION IN ROOMS OR INDOOR AREAS IN WHICHCARBON DIOXIDE ENRICHMENT IS PROVIDED SHALL MAINTAIN AT A NEGATIVEPRESSURE IN RELATION TO THE SURROUNDING AREAS OF THE BUILDING. SEESEQUENCE OF OPERATION. A MECHANICAL VENTILATION SYSTEM SHALL BE PROVIDEDIN ACCORDANCE WITH THE MECHANICAL CODE THAT COMPLIES WITH THEFOLLOWING:8.1.MECHANICAL VENTILATION IN THE ROOM OR AREA SHALL BE AT A RATE OFNOT LESS THAN ONE CUBIC FOOT PER MINUTE PER SQUARE FOOT.8.2.WHEN ACTIVATED BY THE GAS DETECTION SYSTEM ALARM EVENT ORFAILURE, THE MECHANICAL VENTILATION SYSTEM SHALL REMAIN ON UNTILMANUALLY RESET.8.3.THE EXHAUST SYSTEM INTAKES SHALL BE TAKEN FROM POINTS WITHIN 12INCHES OF THE FLOOR.8.4.THE VENTILATION SYSTEMS' PIPING SHALL TERMINATE OUTDOORS IN ANAPPROVED LOCATION.8.5.THE PRESSURE DIFFERENTIAL SYSTEM SHALL BE INTERLOCKED TO THECARBON DIOXIDE ENRICHMENT SYSTEM. FAILURE OF EITHER THE PRESSUREDIFFERENTIAL SYSTEM OR THE VENTILATION SYSTEM SHALL IMMEDIATELYRESULT IN THE SHUTDOWN OF THE CARBON DIOXIDE ENRICHMENT SYSTEM.9.HAZARD IDENTIFICATION SIGNS SHALL BE POSTED AT ALL ENTRANCES TO THE ROOMAND INDOOR AREAS WHERE THE CARBON DIOXIDE ENRICHMENT PROCESS ISLOCATED AND AT ALL ENTRANCES TO THE ROOMS OR INDOOR AREAS WHERE THECARBON DIOXIDE CONTAINERS ARE LOCATED. THE SIGN SHALL BE A MINIMUM OFEIGHT INCHES WIDE AND SIX INCHES HIGH AND INDICATE:CAUTION - CARBON DIOXIDE GASVENTILATE THE AREA BEFORE ENTERINGA HIGH CARBON DIOXIDE (CO2) GAS CONCENTRATIONIN THIS AREA CAN CAUSE ASPHYXIATION10.ALL CARBON DIOXIDE ENRICHMENT SYSTEMS SHALL BE EQUIPPED WITH ANEMERGENCY SHUT-OFF SWITCH THAT SHALL STOP THE ENRICHMENT PROCESS ANDACTIVATE THE AREA'S VENTILATION SYSTEM.ROOM DIFF. PRESS. SEQUENCE OF OP.ROOM PRESSURE CONTROL SEQUENCE OF OPERATION FOR ALL CO2 ENRICHED ROOMSNEGATIVE ROOM PRESSURE IS ACHIEVED BY REMOVING AIR FROM THE CO2 ENRICHEDROOMS USING POWERED EXHAUST FANS. THE POWER EXHAUST FANS SHALL MODULATEBASED ON DIFFERENTIAL PRESSURE BETWEEN THE CO2 ENRICHED ROOM AND THESURROUNDING AREA. THE AIR BALANCE CONTRACTOR WILL ATTAIN THE FAN SPEED FOR THEGIVEN OPERATING MODES.1.DIFFERENTIAL PRESSURE IS MONITORED AND CONTROLLED USING A DWYER DHIIDIFFERENTIAL PRESSURE (DP) CONTROLLER, AND POWER EXHAUST FAN WITH AVARIABLE SPEED DRIVE (VFD).2.A NEGATIVE ROOM DP SETPOINT IS TO BE MAINTAINED AT ALL TIMES WHILE THE CO2ENRICHMENT SYSTEM IS ACTIVATED.3.THE DIFFERENTIAL PRESSURE CONTROLLER (SYSTEM) SHALL BE INTERLOCKED TOTHE CO2 ENRICHMENT SYSTEM. FAILURE OF THE SYSTEM SHALL IMMEDIATELYRESULT IN THE SHUTDOWN OF THE CO2 ENRICHMENT SYSTEM.4.THIS SYSTEM IS TO BE USED IN CONJUNCTION WITH A PROPERLY BALANCED HVACSYSTEM.CANNABIS ODOR CONTROL NOTES1.CONTROL OF ODOR EMITTED BY THE CULTIVATION OF CANNABIS PLANTS WILL BECONTROLLED BY OZONE GENERATORS.2.OZONE GENERATORS SHALL BE INSTALLED ON ALL EXHAUST SYSTEMS USED IN THECULTIVATION ROOMS.3.OZONE GENERATORS ARE DESIGNATED AS EQUIPMENT NUMBER SBR-1 IN THECONTRACT DOCUMENTS.

SHEET NUMBER:

REVISIONS

NOTES &RESPONSIBILITYMATRIX
SHEET NAME:

PROJECT:

STAMP:JOB NUMBER:XXXXXDATE:11.01.23
CONSULTANT:

DRAWINGS AND WRITTEN MATERIAL APPEARING HEREINCONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF PD&C, INC.dba RAND KRUSE AND MAY NO BE DUPLICATED, USED ORDISCLOSED WITHOUT WRITTNE CONSENT OF PD&C, INC. dbaRAND KRUSE.

TENANT IMPROVEMENT OF 7109 TELEGRAPH RD. MONTEBELLO, CA

ACONCEPTUAL
3419 Via Lido, Ste. 225Newport Beach, CA 92663949.500.9416 www.intrepid-group.net ACS.1
B60% CD'S
STAR USA IMPORTS INC.91050 TELEGRAPH ROADMONTEBELLO, CA 90640 DBUILDING DEPT. SUBMITTAL

SHEET NUMBER:SPECIFICATIONSASP.0
SPECIFICATIONSSPECIFICATIONS:DIVISION 1: GENERAL REQUIREMENTS B. GC shall maintain sufficient levels of lighting to permit the installation and inspection of such workas architectural fixture, storefront work, floor finishing, painting, etc. If in the opinion of the Owneror Architect there is insufficient light to inspect or perform the work, the GC shall provide additionaltemporary lighting. The GC will not be permitted to use the Owner's lamps.

I. GENERAL:A. The AIA General Conditions of the Contract for Construction and the Owner's Project Manual andSupplementary General Conditions shall be part of these documents. These General Requirementsare intended to supplement and, where more stringent, supersede the "General Conditions" and"Supplementary General Conditions".B. The Work of this Project is to be performed under separate contracts in accordance with Section IIbelow. Where "Contractor" is referred to in the "General Conditions," the "Supplementary GeneralConditions" and the "General Requirements" it shall refer to each prime Contractor unless specificallynoted otherwise.C. The General Contractor shall be solely responsible for obtaining and paying for all required permits,controlled inspections, other agency approvals and shall schedule all required inspections and obtainall required final sign-offs for Project completion. Copies of all transactions shall be forwarded to theArchitect.D. All work, procedures and materials shall comply with applicable codes and regulations.E. All work, procedures and materials shall comply with the requirements of the Lease. It is theContractor's responsibility to obtain a copy of such requirements. Where requirements conflict withthose herein, the more stringent and/or expensive shall apply.F. All work shall be installed in accordance with the Contract Documents, manufacturers' latest printedinstructions, and accepted trade standards, unless more stringent methods are specified herein orshown on the Drawings. Work shall be installed in an environmentally safe method as describedabove and within these specifications.G. Prior to submitting a bid, the Contractor shall thoroughly examine the site of work, including accessthereto, to familiarize himself with all relevant existing conditions. Lack of familiarity with suchconditions will not be grounds for "extras" during construction.H. After construction begins, the General Contractor shall provide weekly digital site photos on eachMonday showing previous week’s work along with the construction schedule reflecting any revisionsmade during the week.I. The contactor shall have an authorized respresentative present at the Project site who shall beresponsible for receiving all materials delivered in connection with the Project. The Owner, Landlordnor Building Management shall have no responsibility for such deliveries.J. Supervision by the Contractor: The Contractor shall be represented at the Project Site by a qualifiedSuperintendent who shall be empowered to act on behalf of the Contractor. The Superintendent shallnot be changed during the Project except at the request of the Owner. The Superintendent shall beexperienced in directing work comparable to the Project. The Superintendent shall be responsiblefor: management of all aspects of the work, including a weekly meeting to review job progress;establishing and maintaining a clean and safe working environment; transmiting all Field Directivesand instructions issued by the Architect; complying with all federal, state and local code and/orregulations; layout and complete coordination of Contractor and Owner's Vendors work, including allMechanical and Electrical trades; confirming executed work complies with the contract documents;removal and replacement of work installed which does not comply with the contract documents.II. SEPARATE CONTRACTS AND OWNER'S WORK:A. The Work of this Project shall be performed under two prime contracts: "General ConstructionContract" and "Fixture Contract". The Contractor for General Construction is referred to as the"Contractor", "General Contractor" or "GC". The contractor for Fixture Construction is referred to asthe "Fixture Manufacturer", "FM", "Millwork Contractor" or "MWC".B. All work described in the Contract Documents shall be included in the General Construction Contractunless specifically indicated otherwise on the Responsibility Schedule or elsewhere in the documents.The GC shall be solely responsible for coordination and sequencing of all work.C. The Fixture Manufacturer and the Contractor shall coordinate their work with the Owner's contractorsas required to incorporate and integrate the work into the Project, including but not limited tocoordination of schedule to ensure that all wiring runs are concealed. Provide cutouts and plywoodpanels as required to mount and recess Owner's equipment.D. The Contractor and Fixture Manufacturer shall each fully coordinate his work with the work of the otherand with the work of the Owner. The GC shall have the ultimate responsibility to coordinate, scheduleand sequence all the work.E. Responsibility Schedule: Unless explicitly stated in this schedule or by note within these ConstructionDocuments, the entire scope of work represented by these Construction Documents is the soleresponsibility of the General Contractor.III. SUBMITTALS:A. The contractor shall prepare a list of and schedule for all Shop Drawings required in the specifications.Such Shop Drawings Schedule shall list the following:1. Break down of the items of work.2. Set forth all Shop Drawings that are to be submitted for the Project.3. Indicate the dates by which these Shop Drawings shall be submitted and approved to meet theconstruction schedule.B. See MEP Drawings for further submittal requirements.C. See Structural Drawings (if any) for further submittal requirements.D. Prior to submitting Shop Drawings, the Contractor shall:1. Carefully review Shop Drawings to ensure that they are fully coordinated and complete.2. Verify all materials, field measurements and field construction criteria related thereto.3. Check Shop Drawings for complete dimensional accuracy.4. Report to Architect any inconsistencies between Shop Drawings and Construction Documents.E. Shop Drawings, samples, manufacturers' literature, and any other type of submittal called for shallconform to this section, to the Supplementary General Conditions, and to the individual "submittals"articles of each section. SUBMITTALS NOT IN CONFORMANCE WITH THESE SECTIONS WILL BEREJECTED WITHOUT REVIEW.F. Each submittal shall be labeled with the name of the Project, the date, the nature of the submittal, andthe name, address and telephone number of the sub-contractor submitting it.G. The Contractor shall submit Shop Drawings to the Architect (with a copy to the Owner) in a timelysequence and in accordance with the Shop Drawing Schedule. All submittals must be received by theArchitect six full business days before the Contractor needs them returned. Unless otherwise noted,submit three of each submittal, one of which will be returned to the Contractor.H. Shop Drawings shall be submitted on single rolled sheets of white bond paper, (sized as required toclearly represent the submittal) with a 5" x 5" blank space for the Architect's stamp. Submit two copiesof photocopy-size drawings (11" x 17" max) when this size is appropriate. When sending 11 x 17Shop Drawings, please make .PDF files and email them to the architect.I. Samples1. Unless otherwise specified, the Contractor shall submit two 12" x 12" samples to Architect and twosamples to Owner simultaneously of each material, color or finish required by the Specificationswithin the established schedule or as required not to delay the Project.2. Where custom finishes are specified, submit samples bracketing the finish in order to expedite thereview process.3. After selection or approval of samples by the Architect and Owner, the Contractor shall submitadditional samples as directed.J. In order to expedite Shop Drawing review, the Contractor may send items requiring the Engineer’sreview directly to the Engineer only if the Architect receives one print and a copy of the Contractor’stransmittal simultaneously. After reviewing, the Engineer shall return the Shop Drawings to theArchitect for final review before returning to the Contractor.K. If the Contractor wishes to substitute a product, material, detail or procedure for one specified hereinor shown on the Drawings, he shall submit supporting documents, materials, samples, etc., as neededto demonstrate its equality to that which was specified. The Architect and Owner reserve the right toreject any substitution.L. Final review action will be provided by the Architect and "final release" of Shop Drawings and othersubmittals shall be by the Contractor.M. No portion of the work shall commence until required Shop Drawings, Product Data, Samples orCatalogue Cuts are approved by the Architect. If the Contractor proceeds with work without firstobtaining approval from the Architect, any corrective work required thereafter due to the unacceptablequality of the finished product shall be the sole responsibility of the Contractor at no cost to the Owner.IV. DEFINITIONS:A. "Furnish" and "Supply" are used interchangeably, and mean purchase and deliver to the job site.Unloading shall be part of "installation".B. "Install" means unload, safely store, protect, assemble, set in place, secure and connect as required tocomplete the work.C. "Provide" means furnish and install.D. "Mall" or "Landlord" means the designated construction representative(s) of the Landlord where theProject is located.E. "Like-new conditions" means to patch, repair or replace specified items in Drawings to conditionsequal to new construction acceptable to the Landlord, Owner and Architect.V. TEMPORARY FACILITIES, SERVICE INTERRUPTIONS AND BARRICADE:A. In accordance with Landlord requirements (if applicable), the GC shall arrange for and provide alltemporary utilities and facilities required to perform the work, including but not limited to lighting,power, water, telephone, fax machine (separate line), and temporary HVAC. The GC shall beresponsible for all expenses related to the above items.C. General Contractor shall maintain climatic conditions at the site for the acclimation and installation ofthe fixture until the HVAC system is fully operational. Provide heaters, dehumidifiers, or other meansnecessary to maintain the proper conditions so that temperature and relative humidity match theconditions of the finished Project.D. A full-height secure and weathertight barricade shall be provided in accordance with all governingregulations. The GC shall be responsible for obtaining any and all permits should they be necessary.Supply necessary smooth barricade surface in order to receive paint and barricade graphics.Barricade must be in place for all construction procedures. Any damage to Landlord surfaces shall bepatched by Contractor so as to be indistinguishable from adjacent Landlord materials. Adjustmentsand removal shall occur during non-business hours as directed by the Landlord and the Owner.Remove the barricade upon completion of work and repair any damaged surfaces as required tomatch adjacent finishes.E. All required temporary partitions, barricades and dust-proof barriers shall be provided by GC andmust remain intact at all times during the Project. Should any panel be removed, torn or otherwisedisplaced or damaged, it shall be promptly reattached or repaired by GC. The GC shall beresponsible for supplying and installing the barricade graphics and maintaining and or replacing itduring construction should it become damaged.F. Provide, erect and maintain catch platforms, weather protection, warning signs, and other items asrequired for proper protection of people and property.G. Services to occupied areas, including but not limited to electricity, water, air conditioning, plumbing,sprinkler, and telephone, shall be maintained at all times. When service interruptions are unavoidablethey must be arranged in advance with the Landlord in accordance with Landlord regulations. All suchinterruptions shall be planned to minimize their duration.H. Sprinkler shut-downs shall be arranged in advance with the Landlord. The Contractor shall include allovertime or night work required to perform work during shut-down periods. The Contractor shall alsoinclude in his work the cost of a fire watch if required.I. Contractor shall maintain a clear and legal path of egress with sufficient levels of lighting and exitsigns during all phases of work.VI. START-UP PROCEDURES:A. Prior to commencement of construction, the GC shall have on the job site one set of Drawingsapproved by the Landlord; one set of Drawings and other applicable documents approved bylocal authorities having jurisdiction; one copy of the Landlord's construction procedures; at leastone legible, complete and current set of the "Issued for Construction Drawings" (in addition tothose mentioned above), and any other documents required by the Landlord or authorities havingjurisdiction.B. No work shall begin before the Contractor receives the Owner's notification to proceed.C. No construction shall begin until a permit has been secured and all required Certificates of Insurancehave been delivered to the Landlord and the Owner.D. Prior to commencing work, Contractor shall verify all dimensions and conditions in the field and reportany discrepancies to the Architect. By commencing the work the Contractor is accepting the conditionof the site.E. Prior to starting construction, comply with the Landlord's start-up procedures.VII. CUTTING AND PATCHING:A. The General Contractor is responsible for, and shall include in his price, all cutting and patching ofnew and existing structural and non-structural elements required to complete the work and to maintainthe required fire ratings, whether or not such cutting and patching is shown on the Drawings ormentioned herein. Patching work shall include patching of existing and new openings, trenches andholes in new and existing work.B. Structural Work: Where cutting, channeling, core-drilling, or patching of existing slabs, decks or otherstructural elements is required, the following procedures shall be followed.1. Notify the Landlord and obtain the Landlord's written permission to perform the work.2. Contractor shall follow all work as indicated on Structural Drawings provided by the Engineer.3. X-ray the slab or other structural elements.4. Provide temporary bracing, shoring, etc. if required. Engage and pay for an engineer to designsuch bracing or shoring should the Structural Drawings provided not indicate this.5. Do no cutting, channeling, core-drilling, etc. that will in any way weaken or compromise thestructure.6. Comply with the Drawings where cutting and patching work is specified.

C. Roofing Work (if indicated on the attached Drawings): Provide all cutting and patching of roof requiredto perform the work. Where cutting, patching of existing roofing or flashing is required, the followingprocedures shall be followed:1. Notify the Landlord and obtain the Landlord's written permission.2. If required by the Landlord, use Landlord approved sub-contractors.3. Match existing adjacent construction. Provide a complete, watertight installation, including but notlimited to roofing, flashing, and pitch pockets, that will not affect the guarantee on the existing roofor new roof over storefront/entry (if applicable).4. See M.E.P. Drawings for additional notes.D. Miscellaneous Non-Structural Patching:1. Patch all disturbed surfaces to match existing adjacent surfaces.VIII. RUBBISH REMOVAL:A. The General Contractor shall provide adequate numbers of heavy-duty containers and locate asappropriate for collection and removal of waste materials, rubbish and debris for all contractors fromthe job site.B. The General Contractor shall leave the site broom-cleaned daily.C. The General Contractor at no time shall use the Landlord trash compactors or containers. Coordinatewith the Landlord on the location of trash containers.D. The GC shall be responsible for supplying all dumpsters and shall be responsible for obtaining allpermits required. The use of any dumpsters shall be in strict accordance with Landlord and municipalregulations.E. All waste shall be appropriately handled, recycled and disposed of in accordance with all rules,regulations and laws having jurisdiction.F. The General Contractor shall notify the disposal company to remove the container immediately afteruse.IX. MISCELLANEOUS CONSTRUCTION PROCEDURES:A. All work to be performed shall be coordinated with the Landlord and Owner's Vendors.B. All work shall be confined to the job site unless otherwise specifically noted. This includes allequipment tools, materials, etc. At no time shall Contractor unload his materials, tools, etc., into anyother space without written approval of the Landlord. The Contractor shall be responsible at this owncosts for warehousing of all materials to be installed under this contract, inluding Owner-supplieditems.C. Contractor shall not attach or cause to be attached to any wall or structural member any equipmentthat may, by virtue of its size or weight, cause structural damage. Contractor shall not do anything thatmight in any way affect the structural integrity of the building.D. All hangers for utilities, ceilings, etc. shall be anchored to beams and joists, not to the slab or deck,unless otherwise noted on Drawings.E. Protect existing building from damage throughout the construction period. Repair any such damage tomatch existing construction.F. Patch all disturbed surfaces to match existing adjacent surfaces.G. All openings in floor construction and in rated walls and partitions shall be properly firestopped incompliance with all applicable codes and Landlord procedures.H. All doors shall be made secure at the completion of each work day. The Contractor shall beresponsible for the security of the site.I. Do not close or obstruct streets, sidewalks, corridors, stairs, Landlord common areas or any other typeof public way. Material or debris shall not be placed or stored in or on such public ways. Conductoperations so as to interfere as little as possible with normal activities outside of the construction site.J. The contractor shall maintain on site "hard-hats" as required for use by the designated fieldrepresentatives of the Tenant, Landlord, Architect and their guests.K. Contractor shall maintain on-site at least one legible, complete and current set of Drawings forreference, in addition to those sets required by individual trades. In addition, Contractor shall maintainon-site all Sketches (SKs), Field Sketches (FSKs), approved Shop Drawings, samples and submittals,memoranda, and other relevant communications. Drawings, submittals, and documents shall bemaintained in an orderly fashion. All sets of Drawings shall be kept current. No superseded Drawingsshall be used on-site.L. At no time shall Drawings be "scaled". Any clarifications or information required shall be furnished bythe Architect. Contractor shall submit request for clarification in writing via email. Telephone inquirieswill not be permitted.M. The Contractor shall not proceed with any work which the Contractor expects additional compensationbeyond the contract amount without written authorization from the Owner or Architect. Failure toobtain written authorization shall invalidate any claims from the Contractor for additional compensation.X. PROJECT CLOSE-OUT:A. The GC shall turn over to the Owner two bound sets of operating, maintenance and spare partsmanuals for all mechanical, electrical and similar equipment. In addition, the Contractor shall provideoperating instructions in the form of a demonstration to the Owner's staff for all such equipment.B. Prior to turnover of Project to the Owner, remove all unused materials, equipment and debris.C. Prior to turnover, thoroughly clean and dust all surfaces including but not limited to flooring, toiletfixtures, windows, mirrors, storefront, glass and fixtures. Remove all proprietary labels from the workexcept where required by code to remain.D. Prior to turnover, the GC shall submit the following:1. Provide copies of the Certificate Of Occupancy as issued by the Building Department to theOwner's representative and the Architect.2. Provide a copy of the completed Landlord punch list to the Architect.3. Provide a list of sub-contractors with phone numbers and contact persons for all sub-trades utilizedon this Project, including general contractor information, with copies to the Owner's Representativeand the Architect.4. Provide a copy of the air balance report to the Architect.5. The GC shall provide the proper care instructions for all items installed in the store as stipulatedin Article 4.8 of the AIA Owner/Architect agreement. These items should include (but not belimited to) items such as; floor cleaning and maintenance (rubber, wood, ceramic tiles, concrete,linoleum, etc.), fixture cleaning and maintenance, glazing care, plastics care, horizontally slidingsecurity grille, vertically rolling security grille, HVAC controls, time clock, hot water heating units,special features, audio/video equipment, etc. All information shall be provided to Owner in a neatlyorganized binder and provided to the Owner's Representative prior to the turnover of the Project.E. The Architect and Owner's Punch lists for GC and FM (should a FM contract be awarded) work shallbe completed as indicated within the Instructions to Bidders and Fixture Contract. A hand-writtenpunch list shall be issued at the Substantial Completion / Punch List walk-through site visit with theOwner and Architect, and shall be subject to the following conditions:1. A representative of the GC and FM (should an FM be used on this Project) shall be present at thisSubstantial Completion site visit.2. The Project will not officially turnover to Owner until punch list work has been completed per theschedule within the Instructions for Bidders and Fixture Contract. At Turnover, a representativeof the GC and FM (should an FM be used on this Project) shall be present at this Punch ListCompletion Verification walk through, with the Owner or Architect, to confirm that all punch listitems have been corrrected.3. Should punch list work not be completed by turnover, only pre-scheduled night work will beallowed. Sufficient notice must be given to Owner prior to scheduling work to allow time to makearrangements for site security. Any sub-contractors arriving unannounced, will be turned away. Itis the GC's responsibility to schedule all workers in the most efficient manner to complete all punchlist work as soon as possible and with the least amount of disruption to store operations.F. The Contractor shall comply with Landlord's close-out requirements.G. Contractor shall provide Owner with a complete set of As-Built Drawings, including Architectural,Mechanical and Electrical.H. GC shall provide digital copies of all of the above close-out documents and submit on a CD Rom withclose-out package.DIVISION 2: SITE WORK2A. SELECTIVE DEMOLITIONI. GENERAL REQUIREMENTS:Related documents: See Drawings and Division 1 for demolition related work.A. All work in this section only covers the selective removal and subsequent off site disposal of itemsnot contaminated with asbestos, as indicated on Drawings and as required to accommodate newconstruction.B. GC shall coordinate all phases of demolition for the Project and notify Owner or Architect of anydiscrepancies or conflicting conditions which would interfere with the satisfactory completion of work,prior to start of demolition.C. Salvage items listed in Drawings and/or requested by Owner and Landlord. Obtain salvage list prior tocommencing demolition.D. Review Drawings for specific items to remain prior to commencing with demolition.E. GC to patch all scar joints as required on existing to remain construction. Repair excessive demolitionon all surfaces to "Like-new" conditions.II. SUBMITTALS:A. Comply with "Submittals" section of the General Requirements for sample sizes, quantities andprocedures unless otherwise noted.B. Submit schedule indicating proposed sequence of operations for selective demolition work to Landlord,Owner and Architect for review prior to start of work. Include coordination for shutdown, capping, andcontinuation of utility services as required, together with details for dust and noise control protection.C. Photograph existing conditions that might be misconstrued as damaged related to removal operations.File with Landlord, Owner and Architect prior to start of work.D. Submit list of salvaged items (if any) to Owner and Landlord prior to the start of any work.III. JOB CONDITIONS:A. Follow Landlord regulations pertaining to demolition and removal operations.B. Comply with General Conditions, Supplementary General Conditions and General Requirements.C. All operations shall be limited to the service entrances. Coordinate the use of building elevators andservice corridors with Landlord.D. Do not use cutting torches for removal.E. Protect and seal all window ventilators during demolition.F. If asbestos is encountered during demolition operations, inform Owner and Landlord immediately.IV. DISPOSAL:A. Dispose of all demolished materials off site and in accordance with applicable codes and regulationshaving jurisdiction, including Landlord regulations.B. Keep noise, smell or dust producing operations to the minimum (schedule work of such nature withLandlord).C. Protect all existing to remain items. Protect existing structure to remain. Do not cut, damage orcompromise existing structure in any way. Where slab cuts are required or called for in the Drawings,provide temporary shoring as required.D. Save and protect utilities that are serving the Landlord or other Tenants.E. See Division 1, Section VIII. Rubbish Removal for additional requirements.DIVISION 3: CONCRETE3A. STRUCTURAL CAST-IN-PLACE CONCRETE:I. GENERAL REQUIREMENTS:A. All labor, materials, etc. required to complete the work of this section as shown on the Drawings,as specified herein, and/or as required by job conditions. See Structural Drawings (if provided)and Specifications for scope of structural work and submittals required. If Structural Drawings areprovided, the specifications therein shall supercede the following specifications.B. Contractor shall verify all existing conditions in the field and report any discrepancies between theDrawings and the actual field conditions immediately to the Architect. Any condition which mayinterfere with the proper execution of the new work shall also be immediately reported to the Architect.C. GC is responsible for coordinating all sizes and locations of structural openings with specifiedmechanical equipment. See MEP and Structural Drawings for further information.D. See MEP and Structural Drawings for general requirements of the cutting and patching of structuralslab and roofing work.E. Interior and exterior plain and reinforced site-placed concrete, including mix design; placement;finishes; vapor retarders; control, expansion and contraction joints; curing compounds; and otherrelated accessories as shown on the Drawings and required by these specifications, including but notlimited to: foundation walls and footings; slabs-on-grade; elevated slabs on metal decking; fill for steelpan stairs; grouting of base plates, bearing plates and leveling plates; retaining walls and exteriorstairways-on-grade; and surface treatment with concrete hardener, sealer, and slip-resistant coatings.II. SUBMITTALS:A. Comply with "Submittals" section of the General Requirements for sample sizes, quantities andprocedures unless otherwise noted.III. MATERIALS:A. BEARING SOIL:1. All new footings to bear on undisturbed soil having a minimum bearing capacity of (2) tons persquare foot (Unified Soil Classification 7-65 and 8-65.) B. CONCRETE:1. All foundation concrete and exposed concrete to be stone concrete having a minimumcompressive strength of 2,500 P.S.I. at 28 days test, unless otherwise noted.2. All super structure concrete to be lightweight concrete having a minimum compressive strength of3,000 P.S.I. at 28 days test.3. All concrete work shall be done under strict supervision of an agency approved by the Landlord.Inspection shall determine compliance with the appropriate sections of the Local Building Codeand the American Concrete Institute Building Code and of the American Concrete Institute BuildingCode (ACI 318-77) covering forms, reinforcement, concrete, concrete placement procedure, andremoval of forms.4. All concrete which will be exposed to the weather shall contain entrained air as recommended bythe American Concrete Institute (ACI 613).C. REINFORCING STEEL:1. Reinforcing bars to be new billet stock, deformed type, conforming to the standard specifications ofA.S.T.M. 615, grade 40 steel and placed in accordance with C.R.S.L. -77 standard specification.2. Welded wire mesh to be in accordance with A.S.T.M. A-185-73T specifications. Concreteprotection of reinforcing steel shall conform to section 7.7 of the A.C.I. code (ACI 318-77).3. Continuous reinforcement shall be spliced in compliance with Chapter 12 of the A.C.I. code.C.RELATEDIV. CONTROLLED INSPECTIONS:A. GC is responsible for contracting a qualified Engineer for the following items of controlled inspections:1. Bearing soil for new footings.2. Welding and high strength bolts.3. Concrete.B. Reports showing results of all cylinder tests to be filed at intervals not exceeding 10 days while placingconcrete. File a final report of all concrete placed. Each load of concrete placed shall be certified asto the concrete strength and actual quantities per cubic yard of each material, including water, therein.A copy of such certificate to be available to the local building department during the progress of workand for a period of two years thereafter.C. All controlled inspections called for in items A 1, 2, & 3 above shall be done under the strictsupervision of an inspection agency.3B. SELF-LEVELING CONCRETE FLOORINGFinish Floors and as required by site conditions for floor preparation at tile flooring.I. GENERAL REQUIREMENTS:A. SCOPE OF WORK UNDER THIS SECTION:1. The Contractor shall be required to pour MAPEI Primer L laytex primer throughout beforeinstallation of the finished flooring material. The Contractor shall confirm that the MAPEI sub-floorshall be compatible with the finish flooring material and shall submit a substitute for review shouldthis be necessary.B. GENERAL:1. All work shall be in accordance with the manufacturer's printed instructions.2. All work shall be performed by an installer who shall be an MAPEI preferred installer who has atleast five years' experience in work of this type.3. Deliver materials in their original, unopened packages and protect from extreme temperatures andmoisture.4. Installation of the MAPEI must be by an applicator using mixing equipment and tools approved bythe manufacturer.5. Provide MAPEI Ultrapan 1 Plus by MAPEI corporation.6. All adhesives and sealers must be solvent free and have a low volatile organic compound content(VOCs) as listed by manufacturer’s product literature.II. SUBMITTALS:A. The Contractor shall submit the installer's credentials to the Architect for review.B. Prior to installation in area of work, G.C. shall submit 2 samples of the MAPEI flooring for approval forcolor and finish. (Public areas only and where indicated on drawings) Such sample, when approved,shall be the standard for the rest of the project.C. Current manufacturer-published instructions for installation must be strictly adhered to in all phases ofthe project through immediate Post-Application Precautions data.D. Installer to provide General Contractor and Owner with maintenance protocols including approvedcleaning agents and methods.III. MATERIALS:A. MAPEI Ultrapan 1 Plus underlayment as manufactured by MAPEI Corporation,1144 E. Newport Center DriveDeerfield Beach, FL 33442Phone: 1-800-42-MAPEI (1-800-426-2734)IV. INSTALLATION:A. SURFACE PREPARATION:1. All substrates must be structurally sound, dry, stable and solid. Substrates must be free ofdeflection beyond L/360 (L/720 for stone applications), taking into consideration both live anddead loads. Ultraplan 1 Plus should not be used where consistently exposed to water, or whereintermittently or permanently high levels of Moisture Vapor Emissions (MVER) are present. Thepresence of water or a high MVER will compromise the performance of the flooring system.2. Thoroughly clean the surface of any substance that could interfere with the bond of the installationmaterial, including dirt, paint, tar, asphalt, wax, oil, grease, latex compounds, sealers, curingcompounds, form release agents, laitance, loose toppings, foreign substances and adhesiveresidue.3. Concrete surfaces must be mechanically profiled and prepared by shotblasting, sandblasting,water-jetting, scarifying, diamond-grinding or other engineer-approved methods (reference ICRICSP 3 standards for acceptable profile height).4. After cleaning and mechanically profiling the substrate, test for MVER (calcium chloride testreference ASTM F1869). Ultraplan 1 Plus is an underlayment for use with other finished floorsystems (such as resilient, VCT and ceramic). Always follow manufacturer's recommendationsregarding the maximum allowable moisture content and MVER before installation. See the"Recommended Substrates" section of the current Technical Data Sheet (TDS) as well as thePlanisealTM MRB TDS for details regarding MVER conditions and treatments.5. Concrete substrate and ambient room temperatures must be between 50°F and 95°F (10°C and35°C) before application. Temperatures must be maintained within this range for at least 72 hoursafter the installation of Ultraplan 1 Plus.6. Fill in deep areas, holes or cracks with appropriate concrete restoration materials (such asMapecem® Quickpatch) especially when installing on a second-story floor or above where fluidmaterial could leak to a floor below (contact MAPEI's Technical Services Department for details).7. Always prime the prepared surface with a MAPEI primer before applying Ultraplan 1 Plus.8. Do not apply primer over standing water.9. Apply Ultraplan 1 Plus only when the primer is in its recommended state as defined in the currentprimer's TDS.10. Some mechanically prepared substrates may be more porous than others, which can require aspecific application of the primer. Refer to the "MAPEI Primers" chart of the current TDS and tothe appropriate primer's TDS.11. Ultraplan 1 Plus can be used over subfloors of engineer-approved plywood or oriented strandboard (OSB) subfloors in accordance with the Tile Council of America's F185-05 specification.Subfloors must be properly prepared, bonded, and free from dirt and dust. When applying MAPEIunderlayments to plywood flooring, mechanically fasten MapelathTM or diamond mesh on top ofthe primed surface (meeting the requirements of ASTM C847) before application of Ultraplan 1Plus. Refer to the current Mapelath TDS for further installation instructions.12. Moisture vapor transmission exceeding 5 lbs. per 1,000 sq. ft. (2,27 kg per 92,9 m2) per 24 hoursmust first be treated by installing a suitable moisture-reduction barrier. Apply a small test area toensure compatibility with the moisture-reduction barrier before general installation. Refer to the"MAPEI Primers" chart of the current TDS for primer recommendations over PlanisealTM MRB.13. To install over properly prepared ceramic tile, VCT, cement or epoxy terrazzo, or small amountsof old cutback adhesive residue, the surface must be properly prepared, bonded, free of dirt anddust, and primed. Prime by applying appropriate primer; refer to the "MAPEI Primers" chart.14. When priming with Planibond® EBA, Ultraplan 1 Plus must be placed into the Planibond EBA whileit is tacky to ensure a successful installation. See the current TDS for Planibond EBA.B. MIXING:1. General mixing: Into a clean mixing container (typically a pail measuring at least 5 U.S. gals.[18,9 L]), pour the required amount of cool, clean potable water. If available water is not cool, chillwater to 70°F (21°C). Add Ultraplan 1 Plus powder while slowly stirring. Mix water and Ultraplan1 Plus powder to a mixing ratio of 5.75 to 6 U.S. qts. (5,44 to 5,68 L) of water per 50-lb. (22,7-kg) bag of Ultraplan 1 Plus. Upon combining all of the water and the single bag of Ultraplan 1Plus, begin mixing material together with a high-speed drill (at about 800 rpm) to a homogenous,lump-free consistency. This typically takes from 90 to 120 seconds. The mixing ratio must remainconsistent. Do not overwater material. For best results, use the MAPEI Self-Leveling Tool Kit.Contact MAPEI's Technical Services Department for details.2. Barrel mixing: Using the appropriate mixing ratio above, use a high-speed mixer (at about 1,200rpm) with an "Egg-Beater" mixing paddle. Typically, this mixing procedure involves two bags ofUltraplan 1 Plus with the correct water ratio referenced above per bag. Mix to a homogenous,lump-free consistency for about 90 to 120 seconds. Do not overmix. Overmixing or moving themixer up and down during the mixing process could cause air entrapment, which could shorten thepot life or cause pinholing during application and curing.3. Pump mixing: Ultraplan 1 Plus can be mechanically mixed, using the appropriate mixing ratioabove, with a continuous mixer and pump (with at least 140 ft. [42,7 m] of hose) or a batch mixerand pump (with at least 110 ft. [33,5 m] of hose). Mixer and pump must be in good workingcondition. Periodic cleaning of pumping equipment is required per the manufacturer's instructions.Be sure to pressure-test rotor and stator before mixing. Use a mesh screen "sock" at the endof the hose to catch any foreign material that could enter the hopper of the mixer. To ensure asuitable mix and flow, test mixed material from the pump hose's end in a small test area beforegeneral application. Note: Cool-weather conditions can require longer mixing or additional hoselength to ensure the best product performance.C. APPLICATION:1. Before installation, close all doors and windows to prevent drafts. Protect areas from directsunlight.2. Make sure concrete substrate and ambient room temperatures are between 50°F and 95°F (10°Cand 35°C) before application. In large applications, allow for indirect air circulation to dissipatehumidity created by leveler application. Temperatures must be maintained within this rangefor at least 72 hours after the installation of Ultraplan 1 Plus. In cooler conditions, use indirectauxiliary heaters to maintain ambient and substrate temperatures within the required range. Fortemperatures above 85°F (29°C), follow ACI hot-weather application guidelines to ensure asuccessful installation.3. Application of Ultraplan 1 Plus over large areas can be made easier and more efficient by usingconventional piston, rotor-stator or underlayment-type pumps (contact MAPEI's Technical ServicesDepartment for recommendations).4. For best results, work as a team to provide a continuous flow of wet material, to avoid trapping airor creating a cold joint.5. Set the width of the pour at a distance that is ideal for maintaining a wet edge throughoutplacement. Quickly pour or pump Ultraplan 1 Plus onto the properly prepared and primed surfacein a ribbon pattern. If a wet edge cannot be maintained, reduce the width of the pour.6. Ultraplan 1 Plus has an approximate working time of 15 minutes at 73°F (23°C), is self-levelingand can be applied from featheredge (1/4” [6 mm] for vehicular rubber-wheel traffic) to 1-1/2” (3,8cm) in a single application. Note that temperature and humidity will affect working time, flowabilityand setting time. Apply enough material to adequately cover all high spots.7. Shortly after placing the Ultraplan 1 Plus, spread the material with a MAPEI Gauge Rake to assistin gauging out the Ultraplan 1 Plus to the desired depth. After achieving the desired depth, smoothsurface with a MAPEI Smoother to obtain an even surface.8. For extended installations, pre-place 1/4" to 3/8" (6 to 10 mm) of clean, nonreactive aggregate overthe primed surface at no more than half of the total pour depth. Pour Ultraplan 1 Plus over placedaggregate, and rake aggressively to ensure full contact and bond with substrate. Immediatelypour 1/4" (6 mm) of Ultraplan 1 Plus over the raked aggregate to provide a smooth, level surface.Alternately, aggregate (up to 30% by weight) can be added directly to Ultraplan 1 Plus duringmixing. Note: Use only clean, stable aggregates. Do not use limestone or other potentiallyreactive aggregates for extension.9. Ultraplan 1 Plus quickly hardens, within 2 to 3 hours, and is ready to accept installation of ceramictile and natural stone in as little as 3 to 4 hours (moisture-sensitive stone can require more curingtime). Floor coverings – such as carpet, vinyl sheet goods, vinyl tile, VCT, homogenous PVC,rubber and engineered wood plank – can typically be installed 16 to 24 hours after application.Protect the surface from contaminants until the final flooring installation is complete. All of theabove statements are subject to real-time job-site temperatures and humidity conditions.D. CURING:1. Ultraplan 1 Plus is self-curing; do not use a damp-curing method or curing and sealing compounds.2. Protect Ultraplan 1 Plus from excessive heat or draft conditions during curing. Turn off all forcedventilation and radiant heating systems, and protect installation for up to 24 hours after completion.3. Avoid walking on installed surface for at least 2 to 3 hours after installation, depending upontemperature and humidity conditions.4. Protect installation from traffic, dirt and dust from other trades until Ultraplan 1 Plus is completelycured and final flooring has been installed.5. Do not expose Ultraplan 1 Plus to rolling dynamic loads, such as fork lifts or scissor lifts, for atleast 72 hours after installation.E. CLEANING:1. Wash hands and tools with water promptly before material hardens. Cured material must bemechanically removed.

DIVISION 4: MASONRY - Not UsedDIVISION 5: METALS5A. STRUCTURAL STEEL & MISCELLANEOUS METAL MATERIALSI. GENERAL REQUIREMENTS:A. SCOPE OF WORK UNDER THIS SECTION: Provide all miscellaneous channels, structural framing,metal grounds, fastening as required to complete the Project. Supply as required by code and perindustry standards. Fabrication and installation of all structural steel and miscellaneous metal workincluding but not limited to the following:1. Structural and miscellaneous steel. See Structural Drawings if provided.2. Modification of existing structure as shown and as required.3. All fasteners as required to install all fixtures, plastic laminate/melamine shelving standards, metalshelving, etc., per code and for safety.4. All independent testing, verification, etc. required by code.5. All metal supports for fixtures provided by Owner and FM.B. GENERAL1. Refer to the Structural Drawings (if provided) and Specifications for additional information. In caseof conflict, the more stringent shall apply.2. All work shall be fabricated and installed by a single company.3. Fabricator shall coordinate with the GC and verify all field conditions and dimensions prior to thesubmission of Shop Drawings.4. All work shall comply with governing codes and applicable sections of reference standards.5. Refer to Architectural Drawings for fixture locations requiring metal supports.C. REFERENCE STANDARDS1. American Institute of Steel Construction (AISC)2. American Society for Testing and Materials (ASTM)3. American National Standards Institute (ANSI)4. American Welding Society (AWS)II. SUBMITTALS:A. Submittals must be received by the Architect at least seven days before the Fabricator needs themreturned.B. Submit two of each sample in addition to those which the Fabricator wants returned.C. Submit complete Shop Drawings showing details of construction, gauges of material, jointing,fasteners, supports, field connections, locations and size of welds and attachment to adjoiningconstruction. Verify dimensions on site prior to submission.D. Submit samples of each type of material and fastener to be used in the Project, finished as specified.III. MATERIALS:A. GENERAL1. Whether or not shown on the Drawings, provide all fasteners, clip angles, welds, shims, supports,braces, stiffeners, additional support plates and other appurtenances required to complete thework as shown in a consistent and structurally sound manner.2. All components shall have slightly eased corners. Cut edges and mill edges shall be groundsmooth and uniform. All surfaces shall be free of rust, scale, tool marks, burrs, nicks, proprietaryor country-of-origin marks, unless otherwise noted on Drawings.IV. FABRICATION AND INSTALLATION:A. GENERAL1. Surface preparation: Prior to shipping, thoroughly clean all surfaces. Remove all scaling, oilresidue, fingerprints, etc. Clean with a wire brush to remove any scaling and then clean with asolvent-based cleaner.2. Erect work square and level, and free from distortion or defects detrimental to appearance orperformance. No members shall be distorted by welding or other fabrication techniques.3. Provide cut-outs as required to accommodate hardware, pipes, conduit, electrical boxes, etc.Piping and wiring shall be assumed to run through the web of exposed beams.4. Shop-fabricate assemblies as large as practical to minimize field connections.5. Prior to shipment of components to the site, remove all weld marks, scale and other blemishes.6. Welds shall be continuous where noted and in similar conditions. Welds shall be ground flush and/or smooth where noted and in similar conditions. All welds shall be neat and consistent, with slagand burrs removed.7. Joints between tubes shall be continuously welded to fill the joint, ground flush and polished tomatch the adjoining surface.8. No exposed fasteners will be permitted unless specifically shown on the Drawings.9. Remove burrs from all work. Ease all exposed sharp edges and corners.10. Close exposed ends of tubes by use of appropriate end cap, grind smooth and polished with novisible seams.11. For work anchored in concrete, furnish matching sleeves or inserts.12. Verify dimensions on site prior to shop fabrication.13. All dissimilar metals shall be protected from contact to each other by application of paint or clearsealant.14. Obtain all appropriate work permits for any welding work done at site.15. The GC shall be responsible for hiring, coordinating and expenses related to a Structural Engineerrequired to perform all inspections for code enforcement and local regulations.DIVISION 6: WOOD & PLASTICS6A. ROUGH CARPENTRYI. GENERAL REQUIREMENTS:A. All lumber for framing, blocking, furring, plates, nailers, grounds etc. (interior and exterior) shall beMVPA #1 HEM FIR MC 15 (or better) kiln-dried to 15% moisture content, each piece grade-markedSAS.B. All wood blocking and framing shall be fire-retardant-treated. All wood must have grade mark visibleon every piece. Wood without proper grading will be rejected.C. All blocking work shall be by GC. The attached Drawings are diagramatic and may not show allgrounds as required, the GC is nevertheless required to provide all blocking as required.D. Lumber and rough hardware for all work shown or required.E. Fire-retardant treatment of all interior and exterior plywood and solid rough carpentry (studs andblocking) provided by this section, as required by code.F. All other items of rough carpentry and related items reasonably inferred as needed to make work ofthis section complete.G. At no time shall fire-treated wood of any type be placed above a ceiling unless the GC has receivedwritten approval from the local code official that such material is permittedII. RELATED WORK IN OTHER SECTIONS:A. Metal Grounds - The GC shall be responsible for providing all metal grounds/blocking as requiredin lieu of wood blocking should wood blocking not be permitted by local code to be placed withinpartitions. At no time shall wood be used above ceilings.6B. ARCHITECTURAL WOODWORKNOTE: SHOULD A FIXTURE MANUFACTURER NOT BE ENGAGED FOR THIS PROJECT, OMIT ALLREFERENCES TO THE FM. ALL WORK IN THAT CASE SHALL BE PROVIDED BY THE GC.I. GENERAL REQUIREMENTS:A. All woodwork and wood products shall comply with the requirements of the Architectural WoodworkInstitute (A.W.I.) "Quality Standards," latest edition. Grade shall be "Premium". Where the Drawingsor Specifications conflict with these standards, the more stringent shall apply.B. All work shall have a one-year guarantee. Guarantees shall be against warping, delamination,opening of joints, and other defects in materials, construction, and workmanship, and shall be in effectfrom date of substantial completion. GC shall repair or replace all defective work during this period.C. Provide blocking, framing, shimming, etc. as shown and required for all work of this section. Allblocking, framing and shimming shall be of fire-retardant-treated lumber or plywood.II. SUBMITTALS:A. Comply with "Submittals" section of the General Requirements for sample sizes, quantities andprocedures unless otherwise noted.B. Shop Drawings: Submit fully coordinated Shop Drawings for all work showing wood, metal and glasscomponents integrated on the same Drawings. Provide fully dimensioned plans and elevations at 11/2" = 1'-0" (min.), sections at 3" = 1'-0" (min.), and details at 1/2 full size (min.). Show attachmentdevices, welds and hardware. Distinguish between shop joints and knockdown joints.C. Blocking Drawings: GC required to submit Shop Drawings that fully describe and locate all blockingand grounds inside sheetrock walls and above ceilings necessary to install the work of this section.FM shall provide sketch to the GC indicating where such blocking will be required. Such blocking shallbe furnished and installed by the GC. Submit (1) one set of reproducibles simultaneously to Architectand Owner.D. Submit samples of each type of wood with each type of finish. Samples shall be cut from the actualbatch of boards proposed for use. Provide a 1" thick minimum solid edge band on one edge of eachsample. Submit samples bracketing specified finishes to expedite review process.E. Submit samples of each type of exposed hardware, clip, and fastener to be used on the Project.F. Submit manufacturer's certification of specified flame-spread rating for panel products.III. MATERIALS:A. Wood Moisture Content: Provide kiln-dried (KD) lumber with a moisture content range of 5% to 10%.Maintain temperature and relative humidity during fabrication, storage and finishing operation so thatmoisture content values for woodwork at time of installation do not exceed 10%.B. All lumber, framing, and blocking shall be pressure fire-treated as required by code.C. All panel products shall have a minimum Class III (or C) flame-spread rating except where a higherclass is called for on the Drawings or in the Specifications, or if local jurisdiction required a higherrating. FM and GC to verify with local authorities prior to fabrication.D. Blocking within sheetrock construction shall be fire-treated and shall meet flame spread/smokedevelopment rating as required by local code.E. Veneers shall be AWI Grade 1, minimum 1/32" thick PLAIN SLICED. Solids shall be AWI Grade I,free from knots, marks, "flake", sapwood and other defects, consistent in color. Finish shall be asscheduled and as per manufacturers instructions.F. Where "painted wood" is indicated on the Drawings it shall be hardwood for painted finish. Complywith A.W.I. quality standards for selection of species, grade and cut. No grain or defects shall bevisible through the painted finish. Where "painted MDF" is indicated, it shall be 55-lb. medium-densityfiberboard.G. Use solid wood where shown (graphically or otherwise), where conditions are similar to those shownand as specified herein. Any exposed panel edges of painted or clear finished millwork shall be edge-banded with a minimum of 1/4" thick solid stock unless otherwise shown.H. All baseboard, stile and rail components, and standing and running trim shall be solid stock.I. Hardware: Contractor shall include all specific hardware, display hardware and accessory itemsrequired for architectural woodwork. Contractor shall provide a complete job, with all necessary itemsof cabinet hardware to suit the conditions of the work. Use specified items below unless otherwisenoted on Drawings.1. Drawer glides: Accuride, full-extension, 100 lb. capacity, ball-bearing type.2. Undercarriage drawer glides: Accuride full extension, 100 lb. capacity, ball-bearing type.3. Cabinet door and access door hinges: 170-degree opening, self-closing, adjustable, concealedtype equal to Grass America. Size, type and quantity as required for configuration, size and weightof door.4 Piano hinges: Full length of door or panel; Stanley #STS 314 1/4 with 3/4" #6 screws 2" O.C.5. Ball catches: Glynn Johnson 21A.6. Magnetic catches: Epco #602, quantity as required to hold door.7. Soss (concealed) hinges: Size and quantity as recommended by the manufacturer for door sizeand weight.8. Edge pulls - FE158 3/4" US26D By Simon's Hardware 800-232-92209. Grommets for shelf pins: compatible with pins.10. Shelf pins: Hafele 282.04.739.11. Levelers: Sugatsune MN-25 St. Steel.12. Touch latches: Ives No. 821.13. Standards and brackets: Stockroom, office, toilet room and closets, etc: Econoco-Imperial line orequal heavy duty shelf brackets with shelf rest and heavy duty standards.14. Cord grommets in office counters: Doug Mockett Series SG plastic, in colors selected by theArchitect.J. Glass: Tempered with polished edges in thickness and configurations indicated on the Drawings andspecified herein. No tempering or proprietary marks shall be visible unless required by the buildingauthorities having jurisdiction. Provide etched glass where indicated.IV. FABRICATION AND INSTALLATION:A. Fabrication and installation of all architectural woodwork shall be performed by a single reputable firm.If the fabricator does not perform the installation, he shall directly sub-contract such work and shallprovide a full-time site representative for the entire installation period.B. Provide all blocking, doweling, dovetailing, joinery and fasteners required for a first-class productwhether or not such items are shown on the Drawings.C. Grain on panels shall run vertically unless otherwise indicated. Grain on trim, base shelves, tops, etc.shall run the long direction unless otherwise indicated.

D. Wood panels and solid wood components shall be one piece full-height or full-length unless joints arespecifically shown on the Drawings.E. Adjacent panels shall be sequence-matched unless otherwise noted.F. Adjacent members shall have matching grain, color and character.G. Millwork shall be shop-assembled to the greatest extent possible. Field cuts and joints, wherepermitted, be kept to an absolute minimum. Field joints shall be indistinguishable from shop joints.H. No fasteners or filled nail holes shall be visible unless specifically permitted on the Drawings.I. Shop Finishing:1. Finish architectural woodwork at shop. Defer only final touch-up and cleaning until after deliveryand installation.2. Preparations for Finishing: Comply with A.W.I. Quality Standards, Premium Grade, Section 1500,for sanding, back-priming and similar preparations for finishing of architectural woodwork, asapplicable.3. Panels and standing and running trim to receive painted finish (including but not limited tobaseboard, crown molding, chair rail, casings, doors, opening trim, jambs and heads) shall receivetwo shop coats of primer with sanding between as required.4. Painted wood shall have all joints and fastener holes filled with Bondo and sanded smooth. Thefinished installation shall have a uniform and monolithic appearance.J. Installation of Work:1. Do not install work until required temperature and relative humidity have been stabilized and willbe maintained in installation areas. Notify the Architect if conditions are unsatisfactory.2. Install all work in accordance with A.W.I., Premium Grade Standards.3. Install all work plumb, level, true, aligned, rigid and straight with tight joints and no distortions.Shim as required using concealed shims.4. Standing and Running Trim: Install with minimum number of joints possible, using full-lengthpieces (from maximum length of lumber available) to the greatest extent possible. Unlessotherwise shown, stagger joints in adjacent and related members. Unless otherwise shown, miterat inside and outside corners, miter and return at terminations and comply with A.W.I. QualityStandards for joinery.5. Fill all gaps between sheetrock and base, casing, trim, etc. with a paintable caulk.6. Fill and sand all nail and fastener holes and gaps in standing and running trim..7. Recessed standards shall be installed in the shop. Standards shall be continuous unlessotherwise noted, with slots perfectly aligned from one standard to the next and throughout theProject. Panels abutting standards shall be tightly fitted. No gaps will be accepted.8. Install display hardware and shelves as directed by the Owner.K. Fabrication and installation of painted fixture:1. Painted fixture shall appear monolithic. No joints or fasteners shall be visible.2. Shop-fabricate in sections as large as possible. Secure and fill shop joints so that they do notseparate or crack. Fill and sand flush all fastener holes.3. Mitre all molding joints.L. Plastic Laminate - Not UsedDIVISION 7: THERMAL AND MOISTURE PROTECTION; FIRESTOPPING/FIREPROOFING7A. FIREPROOFINGI. GENERAL REQUIREMENTS:A. Work under this section consists of the furnishing of all labor, materials, equipment, and servicesnecessary for, and incidental to, the complete and proper installation of all cementitious fireproofingand related work as shown on the drawings or specified herein, and as required by code.B. Conform to the applicable building code requirements of all authorities having jurisdiction.C. Clean all excess fireproofing from other surfaces at completion of work.D. GC shall verify in field conditions and extent of fireproofing and submit proposal to owner. Scope ofwork must be determined by conducting a site survey prior to submitting a Bid.E. Rating Schedule:Steel columns, beams, joists and deck: TO BUILDING/CODE STANDARD.II. SUBMITTALS:A. Comply with "Submittals" section of the General Requirements for sample sizes, quantities andprocedures unless otherwise noted.B. Submit manufacturer's instructions for proper application of cementitious fireproofing for approval.C. Fire Testing: Submit evidence that the cementitious fireproofing has been subjected to full-scale ASTME 119 fire testing at Underwriters Laboratories Inc. by the manufacturer.D. Thickness Schedule: Provide schedule indicating material to be used, building elements to beprotected with spray-applied fireproofing, hourly rating and material thickness provided and appropriatereferences.E. Test Data: Performance criteria by independent laboratory test results for fireproofing shall besubmitted.III. MATERIALS:A. Materials Cementitious Mixture as identified by Underwriters Laboratories Inc. in the latest edition ofthe UL Fire Resistance Directory under category CHPX, Spray-Applied Fire Resistive Material.B. Fire Resistance Classification: The spray-applied fireproofing material shall have been tested andreported by Underwriters Laboratories Inc. in accordance with the procedures of ASTM E 119 andshall be listed in the Underwriters Laboratories Fire Resistance Directory.C. Mixing water shall be clean, fresh, and suitable consumption and free from such amounts of mineralor organic substances as would affect the set of the fireproofing material. Provide water with sufficientpressure and volume to meet the fireproofing application schedule.D. The Contractor may install vermiculite plaster fireproofing on metal lath in lieu of spray-on fireproofing.Comply with Submittal requirements under Section II above.E. Provide accessories to comply with manufacturer's recommendations and to meet fire resistancedesign and code requirements. Such accessories include, but are not limited to, any required,bonding agents, mechanical attachments, application aids such metal lath, scrim, or netting.IV. INSTALLATION:A. All surfaces to receive spray-applied fireproofing shall be provided free of oil, grease, paints/primers,loose mill scale, dirt, or other foreign substances which may impair proper adhesion of the fireproofingto the substrate. Where necessary, cleaning or other corrections of surfaces to receive fireproofingshall be the responsibility of the supplier of the incompatible substrate.B. Application of the fireproofing shall not begin until the contractor, applicator and fireproofing testinglaboratory (inspector) have examined surfaces to receive fireproofing and determined that the surfacesare acceptable to receive the fireproofing material.C. Prior to application of the fireproofing material, a bonding agent, approved by the fireproofing materialmanufacturer, shall be applied to all concrete substrates to receive fireproofing.D. Other trades shall install clips, hangers, support sleeves and other attachments required to penetratethe fireproofing, prior to application of the fireproofing material.E. Other trades shall not install ducts, piping, equipment or other suspended items until the fireproofing iscomplete.F. Complete placing of concrete on floor and roof decking prior to application of the fireproofing to theunderside of steel deck and supporting beams and joists.G. On roof decks without a concrete cover, complete all roofing applications and roof mounted equipmentinstallation prior to application of the fireproofing to the underside of roof decking and supportingbeams and joists. Prohibit all roof traffic upon commencement of the fireproofing and until thefireproofing material is dry.H. Protection of permanently exposed walls or floors, or special surfaces.I. Equipment and application procedures shall conform to the material manufacturer’s applicationinstructions.J. Apply a discontinuous textured spray of in accordance with manufacturer’s instructions to all cellularsteel floor units with flat plate on the bottom and to roof deck assemblies as required to meet the fireresistance ratings, before application of the fireproofing to these surfaces.V. CONTROLLED INSPECTIONS:A. GC to hire qualified inspector as part of contract.B. The results of the above tests shall be submitted to all parties at the completion of pre-designatedareas which shall have been determined during the pre-job conference.7B. FIRESTOPPINGI. GENERAL REQUIREMENTS:A. Provide fire stopping as required by code in these areas:1. Through-penetration firestopping in fire-rated construction.2. Construction-gap firestopping at connections of the same or different materials in fire-ratedconstruction.3. Construction-gap firestopping occurring within fire-rated wall, floor or floor-ceiling assemblies.4. Construction-gap firestopping occurring at the top of fire-rated walls.5. Through-penetration smoke-stopping in smoke partitions.6. Construction-gap smoke-stopping in smoke partitions.II. SUBMITTALS:A. Comply with "Submittals" section of the General Requirements for sample sizes, quantities andprocedures unless otherwise noted.B. Product data: Manufacturer's specifications and technical data including the following:1. Detailed specification of construction and fabrication.2. Manufacturer's installation instructions.C. Shop Drawings: Indicate dimensions, description of materials and finishes, general construction,specific modifications, component connections, anchorage methods, hardware, and installationprocedures, plus the following specific requirements:1. Details of each proposed assembly identifying intended products and applicable UL Systemnumber, or UL classified devices.2. Manufacturer or manufacturer's representative shall provide qualified engineering judgments anddrawings relating to non-standard applications as needed.III. MATERIALS:A. Through-Penetration Firestopping of Fire-Rated Construction:1. Systems or devices listed in the U.L. Fire Resistance Directory under categories XHCR andXHEZ may be used, providing that it conforms to the construction type, penetrant type, annularspace requirements and fire rating involved in each separate instance, and that the system besymmetrical for wall applications. Systems or devices must be asbestos-free. Mortar systemsmust be Warnock Hersey approved.2. Additional requirements: Withstand the passage of cold smoke either as an inherent property ofthe system, or by the use of a separate product included as a part of the U.L. system or device,and designed to perform this function.3. Acceptable manufacturers and products.a. Those listed in the U.L. Fire Resistance Directory for the U.L. System involved or Mortarsystems approved by Warnock Hersey4. All firestopping products must be from a single manufacturer.the same manufacturer.All trades shall use products fromB. Construction-Gap Firestopping Of Fire-Rated Construction1. Firestopping at construction gaps between edges of floor slabs and exterior wall construction.2. Firestopping at construction gaps between tops of partitions and underside of structural systems.3. Firestopping at construction gaps between tops of partitions and underside of ceiling or ceilingassembly.4. Firestopping of control joints in fire-rated masonry partitions.5. Firestopping expansion joints.6. Acceptable manufacturers and products - those listed in the U.L. Fire Resistance Directory for theU.L. System involvedC. Smoke-Stopping At Smoke Partitions1. Through-penetration smoke-stopping: Any system complying with the requirements for through-penetration firestopping in fire-rated construction, provided that the system includes the specifiedsmoke seal or will provide a smoke seal. The length of time of the fire resistance may bedisregarded.2. Construction-gap smoke-stopping: Any system complying with the requirements for construction-gap firestopping in fire-rated construction, provided that the system includes the specified smokeseal or will provide a smoke seal. The length of time of the fire resistance may be disregarded.D. Silicone Elastomeric Compound Manufactures:1. USG Thermafiber Smoke seal compound or approved equal.2. Elastomeric acrylic water-based caulking material. Surface Burning Characteristics: FlameSpread = 0, Smoke Developed Rating = 0.E. Fiber Stuffing Manufacturers:1. USG Thermafiber Safing Insulation or approved equal.2. Material: Mineral fiber stuffing insulation; conforming to the following:a. Density: [4.0] lb./cu ft.b. Application Method: Friction Fitc. Surface Burning Characteristics: Flame spread =15, Smoked development rating = 0F. Accessories:1. Primer: Type recommended by firestopping manufacturer for specific substrate surfaces.2. Dam Material: Permanent:a. Mineral fiberboard3. Installation accessories: Clips, collars, fasteners, temporary stops or dams, and other devicesrequired to position and retain materials in place.

PREPARED BY:OWNER:

REVISIONS
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PROJECT:

STAMP:JOB NUMBER:XXXXXDATE:11.01.23
CONSULTANT:

DRAWINGS AND WRITTEN MATERIAL APPEARING HEREINCONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF PD&C, INC.dba RAND KRUSE AND MAY NO BE DUPLICATED, USED ORDISCLOSED WITHOUT WRITTNE CONSENT OF PD&C, INC. dbaRAND KRUSE.

TENANT IMPROVEMENT OF 7109 TELEGRAPH RD. MONTEBELLO, CA

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3419 Via Lido, Ste. 225Newport Beach, CA 92663949.500.9416 www.intrepid-group.net B60% CD'S
STAR USA IMPORTS INC.91050 TELEGRAPH ROADMONTEBELLO, CA 90640 DBUILDING DEPT. SUBMITTAL