Montebello City Council
December 5, 2024

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Designed: 1/24/24
INST
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Rec•a •: 72862
IS: ;JAP
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MODIFICATION LEVEL CIRCUIT

MODIFICATIONS

ARE NOT TO BE

MADE WITHOUT

AUTHORITY FROM

THE OFFICE OF

SIGNAL DESIGN
DATE: 01/24/24 UNION lPACilFIC RAILROAD

MONTEBELLO, CALIFORNIA

MAPLE AVENUE

LOS ANGELES SUBDIVIS ION
Office of Sr- AVP Engineer-mg - S1gnal/TCO Omaha,Nebr-aska SH. lA

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DOT 811O76V DES: OLS LAST LEVEL MOD THIS TYPICAL ow
LAST LEVEL BY DESIGNER ow CHK: JAP M.P. 8.00
CHANGED FROM TYPICAL?
REV 01. I 2. 22 4K RADAR FS. I
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A.F.E. 72862 ID= O9658OO.IAX

Docusign Envelope ID: 5F247E0D-5C92-45B5-8EC9-ABB347182074

EXHIBIT E

Docusign Envelope ID: 5F247E0D-5C92-45B5-8EC9-ABB347182074

AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS

ESTIMATED MAINTENANCE COSTS

FOR PID # 131577

BY THE UNION PACIFIC RAILROAD

STREET MAPLE AVE

TOWN MONTEBELLO
MILEPOST 8

SUBDIVISION LOS ANGELES
AAR/DOT NO. 811076V
WORK ORDER# 72862

DESCRIPTION VALUE QUANTITY UNITS
NON-CODED TRK. CIRCUIT 2 0 0
(Standalone AFTAC or Ring 10)

SUPERIMPOSED CIRCUIT(AFTAC) / 2 0 0

DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 16 32
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 18 18
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 8 64
WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 0 0
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 4 60 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0 0
MOVEMENT DETECTOR (PMD) 6 0 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0 0
RADIO DATA LINK, PER UNIT 1 0 0
PREEMPTION CIRCUIT 2 0 0
DATA RECORDER 1 0 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 0 0
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 0 BATTERY AND CHARGER (per set) 1 2 2

TOTAL UNIT COUNT 176
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $278.25/Unit $48,972

*UP supplied Unit Value

October 17, 2024

Certificate Of Completion
Envelope Id: 5F247E0D5C9245B58EC9ABB347182074
Status: Completed
Subject: Complete with Docusign: 0660639 Public Highway At Grade Signal Surface (Maple Ave) DOT 811076V ...

Source Envelope:

Document Pages: 37
Signatures: 1
Envelope Originator:

Certificate Pages: 2
Initials: 0
Esmeralda Yzguerra
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1333 S. Mayflower Avenue
Suite 360
Monrovia, CA 91016
[email protected]
IP Address: 47.176.246.3
Record Tracking
Status: Original
10/24/2024 9:08:37 AM
Holder: Esmeralda Yzguerra
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Marisa Creter
[email protected]
Executive Director
San Gabriel Valley Council of Governments
Security Level: Email, Account Authentication
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Signature Adoption: Pre-selected Style
Using IP Address: 45.48.243.50
Sent: 10/24/2024 9:11:47 AM
Resent: 10/24/2024 10:27:41 AM
Viewed: 10/24/2024 10:28:00 AM
Signed: 10/24/2024 10:28:04 AM
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Esmeralda Yzguerra
[email protected]
Management Analyst
San Gabriel Valley Council of Governments
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Sent: 10/24/2024 10:28:06 AM
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Carrie Inciong
[email protected]
Senior Project Manager
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ITEM # 5

CITY OF MONTEBELLO

SPECIAL 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 CONSTRUCTION AGREEMENT NO. 4251 TO HARDY &
HARPER, INC. FOR THE FISCAL YEAR 2023-24 SENATE BILL 1 (SB 1) STREET IMPROVEMENT PROJECT (CP 913)

DATE:

December 5, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Award Construction Agreement No. 4251 to Hardy & Harper, Inc. for the Fiscal Year 2023-24 SB 1 Street Improvement Project (CP 913) as the most responsive, responsible bidder for the amount of Two Million, Nine-Hundred Twenty-Six Thousand Dollars ($2,926,000); and

2. Approve a 10% construction contingency of $292,600 for any necessary change orders; and

3. Amend the Fiscal Year 2024-25 Capital Improvement Budget by increasing appropriations by $1,200,000 in Account No. 201-30-330-6040.50 (RMRA, Public Works, Engineering, Contract Services - Street Maintenance); and

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

5. Authorize the City Manager to execute Agreement No. 4251 and all applicable change orders in good faith; and

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

FISCAL IMPACT:

Staff recommends awarding the construction contract to Hardy & Harper, Inc. as the most responsive and responsible bidder for the amount of $2,926,000. Additionally, a 10%

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

construction contingency of $292,600 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 $3,218,600.

The recommended action includes amending the Fiscal Year 2024-25 Capital Improvement Program (CIP) Budget by increasing appropriations by $1,200,000 in Account No. 201-30-330-6040.50 (RMRA, Public Works, Engineering, Contract Services - Street Maintenance). It is important to note that $800,000 has already been appropriated in this account for this project as part of the adopted FY 2024-25 budget. This project will also utilize $1,218,600 from the Proposition C portion of the "Paving the Way" bonds issued in 2019. Appropriations exist in Fund 215 for this project (Account No. 215-99-7117, Proposition C, Improvements Other Than Building - Paving the Way), therefore no budget amendment is needed to utilize the available "Paving the Way" funds.

Additionally, staff requests authorization for the City Manager to execute all contract change orders that are approved and negotiated in good faith by the Director of Public Works and the Construction Manager.

BACKGROUND/DISCUSSION:

On October 9, 2024, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for FY 2023-24 SB 1 Annual Year 1 Street Improvement Project (CP 913). The focal point of the project is to repave/resurface the following street segments:

STREET FROM TO
1 N. 4TH ST W. LINCOLN AVE W. AVENIDA DE LA
MERCED
2 EDWIN ALDRIN CIR N. 4TH ST END
3 N. TAYLOR AVE W. LINCOLN AVE EL CAMINO DR.
4 EL CAMINO DR TAYLOR AVE END
5 CUESTA WAY TAYLOR AVE ALDEA DR
6 ALDEA DR TAYLOR AVE EL CAMINO DR
7 MAPLE AVE LINCOLN AVE ALDEA DR
8 SOLANA CIRCLE END ALDEA DR
9 RIO DEL SOL AVE END AGAJANIAN WAY
10 RANCHO DR LINCOLN AVE SAN ANGELO AVE
11 RIO DEL SOL AVE SAN ANGELO AVE AGAJANIAN WAY
12 AVENIDA DEL LA
MERCED

SAN ANGELO AVE LINCOLN AVE
13 FINDLAY AVE BARR AVE VIA CAMPO

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

14 FINDLAY AVE VIA SAN DELARRO BEVERLY BLVD
15 DEWAR AVE KEENAN ST SIMMONS AVE
16 FRANKEL AVE S. MONTEBELLO BL END
17 MAXWELL ST FRANKEL AVE GARY AVE
18 GARY AVE MAXWELL ST SPRUCE ST
19 SPRUCE ST DATE ST FRANKEL AVE
20 OAKWOOD ST CAROB WAY BLUFF RD
21 S. 4TH ST OAKWOOD ST ELM ST
22 CAROB WAY ELM ST DATE ST
23 ELM ST CAROB WAT BLUFF RD
24 S. 4TH ST ELM ST SYCAMORE ST
25 SPRUCE ST OAKWOOD ST ELM ST
26 ADELITA ST LEXINGTON AVE CONCORD AVE
27 BRADSHAWE AVE DEWAR AVE BEVERLY BLVD
28 VIA SAN DELARRO GARFIELD AVE FINDLAY AVE
29 N. HAY ST BEVERLY BLVD LINCOLN AVE
30 MAPLE AVE VICTORIA AVE LINCOLN AVE
31 RAYWOOD AVE FORBES AVE LINCOLN AVE
32 VIA SAN CARLO VIA SAN CLEMENTE VIA SAN DELARRO
33 S. PARK AVE COLEGROVE AVE END

The NIB was published on October 10, 2024, in a newspaper of general circulation.

Bidders accessed the contract specifications via PlanetBids. Bids were received electronically via PlanetBids on November 6, 2024. The following is the tabulation based on the order of when the bids were received:

Contractors Bid Totals
1 Hardy & Harper, Inc. $2,926,000
2 Onyx Paving Co. $3,169,000
3 All American Asphalt $3,548,499
4 Excel Paving $3,798,442

The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Based on the review, Staff recommendation is to award Hardy & Harper, Inc. the construction contract (Attachment A) as the most responsive, responsible bidder. The remaining bid proposals are available in the City Clerk’s Office

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

for review and the itemized bid results for comparative analysis are included in Attachment B.

ENVIRONMENTAL IMPACT:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends awarding the construction contract to Hardy & Harper, Inc. as the most responsive and responsible bidder for the amount of $2,926,000, plus a 10% construction contingency of $292,600 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 $3,218,600, payable from Senate Bill (SB) 1 Road Maintenance and Rehabilitation Program (RMRP) and "Paving the Way" Bond Proceeds (Proposition C portion); and amend the Fiscal Year 2024-25 Capital Improvement Program Budget by increasing appropriations by $1,200,000 in Account No. 201-30-330-6040.50 (RMRA, Public Works, Engineering, Contract Services - Street Maintenance); 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 - Hardy & Harper Standard Public Works Agreement

2. Attachment B - Bid Results

NEXT STEPS:

N/A

D-
1 CIT

Y OF MONTEBELLO
PRO
FESSIONAL SERVICES AGREEMENT NO. 4251
WITH HARDY & HARPER, INC.

THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on December 5, 2024 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and HARDY & HARPER, INC., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.” RECI
TALS
WHE
REAS, the CITY desires to retain a qualified professional contractor to provide pavement work related to the Fiscal Year (FY) 2023- 24 SB1 and Annual Year 1 Street Improvement Project (C.P. No. 913) (“PROJECT”); and
WHE
REAS, on December 5, 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 WHE
REAS, 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.

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

SECTIO
N 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS
a. T
he 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.
b. I
n case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:

ATTACHMENT A

STANDARD PUBLIC WORKS AGREEMENT NO. 4251

D-2

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

2. CONTRACTOR’S November 6, 2024, Bid proposal submission through PlantBids

3. Standard drawings (if any)

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 Two Million, Nine -Hundred Twenty -Six Thousand Dollars ($2,926,000), 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 includin g 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. The CITY has approved a ten percent (10%) construction contingency of Two Hundred Ninety -Two Thousand, Six - Hundred Dollars ($2,926,000) for any unforeseen unaccounted costs associated with the PROJECT—the payment of which shall be contingent upon a subsequent written Amendment to this AGREEMENT, executed by the Parties, and based upon further agreed- to terms.

STANDARD PUBLIC WORKS AGREEMENT NO. 4251

D-3

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 rej ection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 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 five 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4251

D-4

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 proceed with all work to be performed under the Agreement. CONTRACTOR shall retain

STANDARD PUBLIC WORKS AGREEMENT NO. 4251

D-5

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, C 12 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.

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

STANDARD PUBLIC WORKS AGREEMENT NO. 4251

D-6

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 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,

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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 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

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

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

c. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Warranty Bond in the amount of 50% of the Agreement price, conditioned upon the guaranty and warranty of the work and labor and materials in connection with the work performed on the Project pursuant to this Agreement in the form attached hereto as Exhibit “D.”

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.

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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:

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

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

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with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:

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

14.2 Public Contract Code 9204 Claims

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

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

15.3 Waiver of Remedies for any Breach.

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

SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a dil igent 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

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

SECTION 19. AUTHORITY

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

SECTION 20. ENTIRE AGREEMENT

This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and 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.

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SECTION 23. NOTICE

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

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: Dan T. Maas, President
Michael Amundson, Vice President
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
(714) 444-1851

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

SECTION 24. PROHIBITION AGAINST ASSIGNMENT

The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of

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creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.

SECTION 25. CUMULATIVE REMEDIES

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

SECTION 26. COUNTERPARTS

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

[SIGNATURE PAGE TO FOLLOW]

STANDARD PUBLIC WORKS AGREEMENT NO. 4251

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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
Dat
e: _______
ATTE
ST:
______
_______________________________
Christopher Jimenez, City Clerk
APPRO

VED AS TO FORM
______
_______________________________
Arnold M. Alvarez-Glasman, City Attorney
HARDY & HARPER, INC.,
(“CONTRACTOR”)
By:

________________________________
Dan T. Maas, President
Dat
e: _______
By:

________________________________
Michael Amundson, Vice President
Dat
e: _______
EXHI
BITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Contractor's Proposal

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

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

4. Additional Insureds.

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

5. Notice of Cancellation.

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

6. Severability Clause.

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

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

7. Qualifications of Insurer.

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

8. Approval of Insurer.

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

9. Payment of Premiums.

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

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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.

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EXHIBIT “B”

CONTRACTORS PROPOSAL

Recipient: Shipper:

Office of the City Clerk, City of Montebello
1600 W. Beverly Blvd
MONTEBELLO, CA, US, 90640
Morgan Churnock, Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA, US, 92630
The following is the proof-of-delivery for tracking number: 779756427712 Thank you for choosing FedEx
Status:

Signed for by:

Service type:

Special Handling:

Delivered To:

Delivery Location:

Delivery date:

Delivery Information:

Shipping Information:

Tracking number: Ship Date:

Weight:

Deliver Weekday
Receptionist/Front Desk
FedEx Priority Overnight
J.JUSTIN
779756427712
Nov 6, 2024 09:52

0.5 LB/0.23 KG
Delivered
November 06, 2024
Dear Customer,
1600 W. BEVERLY BLVD OFF
Nov 5, 2024
MONTEBELLO, CA, 90640

Item No. Description Quantities Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 Mobilization/Demobilization 1 LS $113,096.00 $113,096.00 $111,000.00 $111,000.00 $152,558.80 $152,558.80 $378,000.00 $378,000.00 2 Traffic Control plans per MUTCD, no
parking signs, construction signs, etc. 1 LS $179,000.00 $179,000.00 $222,000.00 $222,000.00 $150,000.00 $150,000.00 $162,000.00 $162,000.00 3 Implementation of BMPs 1 LS $12,600.00 $12,600.00 $11,000.00 $11,000.00 $20,000.00 $20,000.00 $29,000.00 $29,000.00 4 Remove (Grind) AC Pavement to uniform
depth. Full Street Width. Depth of 2"
1,004,980 SF $0.32 $321,593.60 $0.37 $371,842.60 $0.49 $492,440.20 $0.39 $391,942.20 5 Construct 2" AC Overlay. C2 PG 64-10. 14,000 TON $109.00 $1,526,000.00 $111.00 $1,554,000.00 $116.00 $1,624,000.00 $120.00 $1,680,000.00 6 Construction Survey center line ties &
Monument Restoration
1 LS $88,830.40 $88,830.40 $88,000.00 $88,000.00 $110,000.00 $110,000.00 $85,000.00 $85,000.00 7 Replace all traffic loops with same upon
completion of paving operations 1 LS $4,000.00 $4,000.00 $22,000.00 $22,000.00 $25,000.00 $25,000.00 $8,000.00 $8,000.00 8 Replace all Traffic Striping, Markings, Curb
Painting including thermoplastic
1 LS $50,700.00 $50,700.00 $52,808.40 $52,808.40 $81,000.00 $81,000.00 $48,000.00 $48,000.00 9 Remove and replace cross gutter 8” to 12”
with spandrel to curb return including curb
as directed by City
5,000 SF $28.00 $140,000.00 $28.00 $140,000.00 $30.00 $150,000.00 $39.00 $195,000.00 10 Remove and replace with same, all traffic
calming speed humps, including
pavement markings 6 EA $4,305.00 $25,830.00 $5,500.00 $33,000.00 $2,500.00 $15,000.00 $6,000.00 $36,000.00 11 Remove 6” of existing pavement and
compact subgrade and install 2” class 2
aggregate base and 4” AC C2 pavement-
Digout/deep patch item as directed by the
City 30,000 SF $8.30 $249,000.00 $6.93 $207,900.00 $10.20 $306,000.00 $8.00 $240,000.00 12 Install Public Improvement Project Signs
as indicated in these specifications 1 EA $1,600.00 $1,600.00 $2,800.00 $2,800.00 $1,600.00 $1,600.00 $2,000.00 $2,000.00 13 Adjust Existing sewer /storm drain
Manhole Cover to Finished Grade 67 EA $1,260.00 $84,420.00 $1,333.00 $89,311.00 $1,600.00 $107,200.00 $1,300.00 $87,100.00 14 Adjust Existing water valve cover to
Finished Grade
132 EA $52.00 $6,864.00 $777.00 $102,564.00 $1,300.00 $171,600.00 $1,200.00 $158,400.00 15 Adjust Existing Utility Cover to Finished
Grade
17 EA $498.00 $8,466.00 $2,222.00 $37,774.00 $1,300.00 $22,100.00 $3,500.00 $59,500.00 16 Unclassified excavation 1,500 CY $76.00 $114,000.00 $82.00 $123,000.00 $80.00 $120,000.00 $159.00 $238,500.00 $2,926,000.00 $3,169,000.00 $3,548,499.00 $3,798,442.20 All American Asphalt Excel Paving
Attachment B - Bid Results
FY 2023-24 SB 1 Street Paving Project Contract CP 913
TOTALS
Hardy & Harper, Inc. Onyx Paving Co.

ITEM # 6

CITY OF MONTEBELLO

SPECIAL 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 AGREEMENT NO. 4255 TO VOLTAIRE ENGINEERING, INC.

FOR THE RIO HONDO RIVER ACCESS IMPROVEMENT PROJECT –
PHASE 1: LANDSCAPE AREA (CP 924)

DATE:

December 5, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Award Agreement No. 4255 to Voltaire Engineering, Inc. for the Rio Hondo River Access Improvement Project – Phase 1 Landscape Area (CP 924) as the most responsive, responsible bidder in the amount of $397,768 plus a 10% construction contingency of $39,777 for a total contract amount of $437,545; and

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

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

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

FISCAL IMPACT:

The Fiscal Year 2024-25 adopted budget appropriated $709,750 in Measure A funds in Account No. 221-70-720-6040.10 (Measure A, Parks & Recreation, Park Maintenance, Contract Services Outside Contracts) for the Rio Hondo River Access Improvement Project (CP 924). The Design Phase cost $163,845; therefore, the total balance available for the Construction Phase of the project is $545,905. The landscape area of the project (Phase 1) is estimated to cost $397,768. The FY 2024-25 budget includes appropriations sufficient to fund Phase 1 of this project; therefore no budget amendment is needed.

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

Staff recommends awarding the construction contract to Voltaire Engineering, Inc. as the most responsive and responsible bidder for $397,768. Additionally, a 10% construction contingency of $39,777 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, for a total contract amount of $437,545. Staff seeks authorization for the City Manager to execute all contract change orders that have been approved and negotiated in good faith by the Director of Public Works.

BACKGROUND/DISCUSSION:

On August 14, 2024, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for Rio Hondo River Access Improvement Project (CP 924). The City received bids that exceeded the project's available budget, leading to the recommendation to reject all bids, which occurred at the City Council meeting on September 25, 2024. The project will now be divided into two construction phases for rebidding -- landscape (Phase 1) and signage/billboard (Phase 2).

Phase 1 will aim to improve connections from the Rio Hondo River entrance to Beverly Blvd. and Grant Rea Park. The project will include improvements to lighting and landscaping, as well as the addition of amenities such as benches, bicycle racks, horse hitching posts, and shade structures. The goal of the project is to provide for connecting paths of alternative transportation to the existing Montebello Bus Line's bust stop located at Beverly Blvd and Grant Rea Drive. Phase 2 of the project will aim to construct an electronic sign that will replace the existing billboard at the location.

The NIB for Phase 1 was published on October 17, 2024, in a newspaper of general circulation. Bidders accessed the contract specifications via PlanetBids. Bids were received electronically via PlanetBids on November 20, 2024. The following is the tabulation based on the order of when the bids were received:

Contractors Total
1 Voltaire Engineering $397,767.50
2 Al's Engineering, Inc $411,603.87
3 Ramco, General Engineering Contractors, Inc $420,488.14 4 Estate Design and Construction Inc. $433,800.00
5 Urban Professional Builders Inc $458,033.00
6 Cali State Paving Inc $460,766.00
7 Aguilar & Calderon Corporation $474,509.70
8 KASA Construction Inc $475,848.75
9 Venture Construction & Management $494,244.00
10 ARC Construction Inc $501,129.57
11 R Dependable Const Inc $603,000.00

The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Based on the analysis of bids received, staff’s

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

recommendation is to award Voltaire Engineering, Inc., the contract agreement (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 IMPACT:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends awarding the construction contract (Agreement No. 4255) to Voltaire Engineering, Inc. as the most responsive and responsible bidder for $397,768 – plus a 10% contingency of $39,777 – for a contract total of $437,545, payable from Account No. 221-70-720-6040.10 (Measure A Local, Parks & Recreation, Park Maintenance, Contract Services Outside Contracts); and authorize the City Clerk’s office to release all remaining bidders’ bonds; and authorize the City Manager to execute the construction contract agreement and all change orders in good faith. The FY 2024-25 budget includes appropriations in the Measure A fund (Fund 221) for this project; therefore no budget amendment is needed.

ATTACHMENT(S)

1. Attachment A - Voltaire Engineering, Inc. Construction Agreement No. 4255

2. Attachment B - Bid Results

NEXT STEPS:

N/A

AGRE
EMENT NO. 4255
PRO
FESSIONAL CONSTRUCTION SERVICES AGREEMENT NO. 4255
WITH VOLTAIRE ENGINEERING, INC.
(C.P. NO. 924)
THIS PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT (“AGREEMENT”) is made and entered into on December 5, 2024 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and VOLTAIRE ENGINEERING, INC ., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECI
TALS
WHE
REAS, the CITY desires to retain a qualified professional contractor to provide work for the landscaping portion of the Rio Hondo River Access Improvement Project – C.P. No. 924 (“PROJECT”); and
WHE
REAS, on September 25, 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 WHE
REAS, 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.

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

SECTIO
N 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS
a. T
he 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 bonds, 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

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

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

2. CONTRACTOR’S November 20, 2024, Proposal

3. Standard drawings

4. Details

5. Special provisions, if any

6. General specifications and all referenced specifications SECTIO
N 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.

SE
CTION 3. TERM; AND TIME FOR COMPLETION
a. The w
ork 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. Not
ice 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.

SECTIO
N 4. COMPENSATION
CO
NTRACTOR hereby agrees to receive and accept the total lump sum amount of Three Hundred Ninety-Seven Thousand, Seven Hundred Sixty -Seven Dollars and 50/100 Cents ($397,767.50) with a contingency amount of Thirty-Nine Thousand, Seven Hundred Seventy- Six Dollars and 75/100 Cents ($39,776.75) for a potential project amount not -to-exceed of Four Hundred Thirty-Seven Thousand, Five Hundred Forty-Four Dollars and 25/100 Cents ($437,544.25), 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.

4. 1. Progress Payments
P
rogress 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 Civil 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 SEC. 4.2 of this Agreement for retention of funds.

4. 2. Retention of Funds
P
rogress 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
P
ursuant 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 expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

SECTION 5. UNDOCUMENTED WORKERS
CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the 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 T O 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 O F HAZARDOUS OR LATENT CONDITIONS a. C
ONTRACTOR 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. T
he 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. P
ending 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. I
n 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

in
CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECT
ION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

8. 1. CONTRACTOR License.

CO
NTRACTOR shall possess a california CONTRACTOR’s license type Class A, C8, C60 for the performance of the Project.

8. 2. Ineligible CONTRACTOR Prohibited.

A
ny 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.

T
his 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.

I
f 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.

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

The CITY shall reimburse CONTRACTOR for any costs incurred in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

8. 6. Third Party Claims Notification.

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

8. 7. Unfair Business Practices Claims.

T
he 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.

C
ONTRACTOR 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.

CO
NTRACTOR 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.

N
othing 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

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

8. 11. Records Audit
I
n 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.

S
ECTION 9. PREVAILING WAGES
a. C
ONTRACTOR 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. T
he following Labor Code sections are hereby referenced and made a part of this Agreement:

1. S
ection 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.

SECT
ION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a. CO
NTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a

D-8
STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

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

S
ECTION 11. BONDS
a. S
urety Faithful Performance Bond shall be maintained for one (1) year after completion of the project.

SECT
ION 12. INSURANCE REQUIREMENTS
a. P
rior 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. E
vidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S.

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

mail or email to:

C
ity of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
SECT
ION 13. LIQUIDATED DAMAGES
a. S
ince 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. I
n 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.

S
ECTION 14. DISPUTE RESOLUTION

14. 1. Claims of $375,000 or Less
a. A c
laim 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.

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

(3
) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

14. 2 Public Contract Code 9204 Claims
C
ONTRACTOR 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. C
ONTRACTOR 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.

S
ECTION 15. TERMINATION.

15. 1. Termination for Convenience.

T
he 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.

I
f 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 t o comply with the Agreement or with the Notice of Potential Breach of Agreement to the

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

s
atisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.

15. 3 Waiver of Remedies for any Breach.

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

S
ECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT
I
n 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 dil igent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or 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.

SECT
ION 17. COMPLIANCE WITH APPLICABLE LAWS
CO
NTRACTOR 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.

S
ECTION 18. NOTICE OF COMPLETION
U
pon 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

A
ngeles 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.

SECT
ION 19. AUTHORITY
A
ny 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.

SECT
ION 20. ENTIRE AGREEMENT
T
his 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.

SECT
ION 21. ATTORNEY’S FEES AND COSTS
I
f 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.

SECT
ION 22. INDEPENDENT CONTRACTOR
CO
NTRACTOR 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.

SECT
ION 23. NOTICE

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

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

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: Peter Delgado
Voltaire Engineering, Inc.
1460 Cambridge Avenue
Redlands, CA 92374
Phone: (909) 747-8414
Email: [email protected]
An electronic communication (“ Electronic Notice ”) s hall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECT
ION 24. PROHIBITION AGAINST ASSIGNMENT
T
he 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

c
reditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.

S
ECTION 25. CUMULATIVE REMEDIES
T
he provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.

S
ECTION 26. COUNTERPARTS
T
his Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
[
SIGNATURE PAGE TO FOLLOW]

STANDARD PUBLIC WORKS AGREEMENT NO. 4255
C.P. No. 924

I
N 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”)
B
y:
___________________________________
Raul Alvarez, City Manager
D
ate: _______
A
TTEST:
___
__________________________________
Christopher Jimenez, City Clerk
APPR

OVED AS TO FORM
___
__________________________________
Arnold M. Alvarez-Glasman, City Attorney
VOLTAIRE ENGINEERING, INC.

B
y:
________________________________
Peter Delgado, CEO, CFO, SEC.

D
ate: _______
EXH
IBITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Contractor's Proposal

EXHIBIT “A”
Insurance Requirements

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 carr y, maintain for the duration of this Agreement, and provide pr oof 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 o bligations to provide indemnity under this Agreement.

1. C
omprehensive General Liability and Automobile Liability Insurance Coverage.

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

M
inimum 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.

P
roducts/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.

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

Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.

2. A
utomobile Liability.

CO
NTRACTOR 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. W
orker's Compensation.

CO
NTRACTOR shall carry and maintain worker’s compensation in the amount of

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

4. A
dditional Insureds.

T
he 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. N
otice of Cancellation.

CO
NTRACTOR 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. S
everability Clause.

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

T
he 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. Qu
alifications of Insurer.

A
ll 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. A
pproval of Insurer.

T
he 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. P
ayment of Premiums.

A
ll premiums on insurance policies shall be paid by CONTRACTOR making payment,

w
hen due, directly to the insurance carrier, or in a manner agreed to by the CITY.

10. E
vidence of Insurance and Claims.

CO
NTRACTOR 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.

E
XHIBIT “B”
CONTRACTOR’S PROPOSAL

30000 30000
6000 6000
1200 1200

3.50 40757.50
2200 2200
1200 1200
300 300
5 670
5500 5500
.60 6987
2000 4000
3000 3000

1000 1000
1200 1200
2800 2800
14500 14500
2200 2200
2200 4400
1500 1500
2200 4400
3200 3200
3300 3300

2500 2500
5500 5500
10500 10500
1 11645
42 36326
120 7800
220 1100
65 3900
10 6520
2 948
11 308
5 11055
10 2050
18 6912

13000 13000
1500 1500
600 3000
600 1200
650 2600
100 700
100 600
75 450
125 500
400 800
50 550
75 11775
120 3600
10 2940
1000 1000
500 2000
80 560

50 6,950
3 1050
10 1500
25 4675

2.50 9,570
1 5440

1.25 6800
825 1650
130 1170
20 1160
15 810
15 840
15 630
20 900
15 1065
15 1170
15 90

1.40 7,616
6,500 6,500
6,000 12,000
2,200 4,400
60 5,580
70 6,720
120 4,560
4 2608
5 3520
8 1320
35 1400
2000 2000
397,767.50

CEO, CFO, SEC.

VOLTAIRE ENGINEERING, INC
THREE HUNDRED NINETY SEVEN THOUSAND, SEVEN HUNDRED SIXTY SEVEN DOLLARS AND FIFTY CENTS.

NEW VISION ELECTRIC
LIC# 1039078
DIR # 1000057582
P.O BOX 19108 LOS ANGELES CA 90019 40,000
77,78,79,80,81,82

ELECTRICAL
Marina Landscape
441 Commercial Way, La Habra ca
#6,9,31,32-34,-75

LANSCAPE
107,902
LIC#492862
DIR#1000000079
10%

26.5%

PLEASE SEE ATTACHED.

Orr and Associates Insurance Services
LIC 0E63493
28780 Single Oak Drive, Suite 255
Temecula, CA 92590
Phone: 800.311.3081

VOLTAIRE ENGINEERING, INC.

PETER DELGADO

SAN BERNARDINO

N/A

PETER DELGADO
CEO, CFO, SEC.
909-747-8414 11-18-24
N/A

PETER DELGADO/VOLTAIRE ENGINEERING, INC.
6/30/2025
DIR # PW-LR-1001073453

VOLTAIRE ENGINEERING,
INC.

COMPLETED AND ON-GOING PROJECTS Instagram
@VOLTAIRELLC44
10/10/2024

PETER DELGADO
CSLB # 1120610 Class. A.B.

DIR # PW-LR-1001073453
1460 Cambridge AVE
Redlands CA 92374
909-747-8414
Email. [email protected]
Project: Santa Ana River Trail Improvements. Start 9/9/24 on going- Contract Amount: $232,037.00
Elaine Radke, P.E. LEED-AP
Senior Engineer
City of Riverside/Public Works Department
Wastewater Division
5950 Acorn Street
Riverside, CA 92504
Direct: 951.351.6017
Project: Berkshire Place Bridge over Flint Canyon Channel - Approach Barriers and Guard Rail: Start 8/5/24, completed 9/3/24
Contract Amount: $278,826.00
Maged El-Rabaa, P.E.

City Engineer
Public Works Department
City of La Cañada Flintridge
One Civic Center Drive
La Cañada Flintridge, CA 91011
Office: (818) 790-8882,Ext 205 | E: [email protected]

2 Pasadena Unified School District- 100% Completed 7/25/24 as a Sub for Building Resources Inc.

Project Name: - CAMPUS FIRE ALARM UPGRADES- Clearing & Grubbing of 25,000Sf of track, Remove & dispose of 462 tons of native soil. Import 560 Tons of Stabilized Decomposed Granite.

Contract Amount: $259,000 @VOLTAIRELLC44
Contact Person: Wendy Mojica, Project Director
Tel: 714-785-8195
Perris Elementary School District- 100% Completed 6/21/24 as a Sub for Building Resources Inc.

Project Name: - CAMPUS FIRE ALARM UPGRADES- Demolition of 4 Modular buildings, Demo concrete, Demo asphalt, Over excavate and recompact.

Contract Amount: $221,000 @VOLTAIRELLC44
Contact Person: Wendy Mojica, Project Director
Tel: 714-785-8195
City of Inglewood 100% Completed 6/4/23 IG @VOLTAIRELLC44 Project Name: “Vincent Park Soccer Field Parking Area Improvement Project” Contract Amount: $198,049.88
Contact Person: Hung Nguyen-Hunter
Tel: 310-412-5111
City of Corona Slope Repair Project IG 100 % Complete 5/30/24 @VOLTAIRELLC44
Contract Amount: $478,759.02
Tel: Alan Zhang Office: 951-736-2236
City of Riverside 100% Complete 11/14/23 IG @VOLTAIRELLC44 Project Name: Rustin Ave sidewalk improvements
Contract Amount: $158,258.00
Contact Person: David Hatch, Chief construction Inspector Tel: 951-826-5723
City of Rancho Cucamonga 100% Complete 11/16/23 IG@VOLTAIRELLC44 Project Name: Arbor Substation improvements
Contract Amount: $497,512.00
Contact Person: Trina Valdez, Utilities Operations Supervisor Tel: 909-774-4014

3 City of Inglewood 100% Completed 12/11/23 IG @VOLTAIRELLC44 Project Name: VINCENT PARK DECOMPOSED GRANITE PROJECT, CB-23-16 Contract Amount: $190,800
Contact Person: Hung Nguyen-Hunter
Tel: 310-412-5111
County of Los Angeles Public Works 100% Complete. IG @VOLTAIRELLC44 as Sub for HHJ
Project Name: Nicholas Canyon State Beach
Contract Amount: $360,000
Contact Person: Edward Kim, Project Manager
Tel: 818-335-3813

ITEM
No. ITEM DESCRIPTION QUANITY UNIT 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 Unit Price Total 1 Mobilization 1 LS 25,000.00$ 25,000.00$ 7,500.00$ 7,500.00$ 40,600.00$ 40,600.00$ 30,000.00$ 30,000.00$ 16,051.53$ 16,051.53$ 75,000.00$ 75,000.00$ 63,244.00$ 63,244.00$ 9,599.00$ 9,599.00$ 25,000.00$ 25,000.00$ 24,000.00$ 24,000.00$ 30,000.00$ 30,000.00$ 2 Traffic Control 1 LS 5,400.00$ 5,400.00$ 7,300.00$ 7,300.00$ 17,400.00$ 17,400.00$ 8,000.00$ 8,000.00$ 27,680.00$ 27,680.00$ 3,000.00$ 3,000.00$ 25,000.00$ 25,000.00$ 8,550.00$ 8,550.00$ 4,000.00$ 4,000.00$ 10,560.00$ 10,560.00$ 6,000.00$ 6,000.00$ 3 Implementation of BMPs 1 LS 4,750.00$ 4,750.00$ 4,500.00$ 4,500.00$ 9,860.00$ 9,860.00$ 7,000.00$ 7,000.00$ 24,960.00$ 24,960.00$ 4,500.00$ 4,500.00$ 5,000.00$ 5,000.00$ 5,725.00$ 5,725.00$ 9,000.00$ 9,000.00$ 19,800.00$ 19,800.00$ 1,200.00$ 1,200.00$ 4 Demolition of landscaping (site clear & grub) 11645 SF $ 0.50 $ 5,822.50 0.87$ $ 10,131.15 1.25$ $ 14,556.25 2.03$ $ 23,639.35 3.00$ $ 34,935.00 5.50$ $ 64,047.50 1.50$ $ 17,467.50 1.80$ $ 20,961.00 1.25$ $ 14,556.25 2.00$ $ 23,290.00 2.00$ $ 23,290.00 3.50$ $ 40,757.50 5 Demolition of existing sign and footing 1 EA $ 2,000.00 $ 2,000.00 5,500.00$ $ 5,500.00 300.00$ $ 300.00 5,800.00$ $ 5,800.00 6,000.00$ $ 6,000.00 1,500.00$ $ 1,500.00 2,800.00$ $ 2,800.00 2,500.00$ $ 2,500.00 7,749.00$ $ 7,749.00 3,000.00$ $ 3,000.00 2,500.00$ $ 2,500.00 2,200.00$ $ 2,200.00 6 Remove existing back flow, controller, and
enclosure 1 EA $ 1,000.00 $ 1,000.00 5,250.00$ $ 5,250.00 200.00$ $ 200.00 1,160.00$ $ 1,160.00 6,000.00$ $ 6,000.00 2,000.00$ $ 2,000.00 650.00$ $ 650.00 1,500.00$ $ 1,500.00 5,581.00$ $ 5,581.00 1,000.00$ $ 1,000.00 1,340.00$ $ 1,340.00 1,200.00$ $ 1,200.00 7 Demo and remove existing tree/shrub 1 EA 5,100.00$ 5,100.00$ 400.00$ 400.00$ 1,160.00$ 1,160.00$ 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 500.00$ 500.00$ 4,000.00$ 4,000.00$ 1,223.00$ 1,223.00$ 1,000.00$ 1,000.00$ 2,400.00$ 2,400.00$ 300.00$ 300.00$ 8 Remove and demolish existing curb 134 LF $ 10.00 $ 1,340.00 44.00$ $ 5,896.00 18.00$ $ 2,412.00 40.60$ $ 5,440.40 30.00$ $ 4,020.00 15.00$ $ 2,010.00 14.00$ $ 1,876.00 0.55$ $ 73.70 30.00$ $ 4,020.00 20.00$ $ 2,680.00 44.00$ $ 5,896.00 5.00$ $ 670.00 9 Remove and demolish existing irrigation
systems 1 LS $ 1,310.00 $ 1,310.00 5,830.00$ $ 5,830.00 7,085.00$ $ 7,085.00 2,900.00$ $ 2,900.00 5,000.00$ $ 5,000.00 2,860.00$ $ 2,860.00 5,500.00$ $ 5,500.00 9,500.00$ $ 9,500.00 2,554.00$ $ 2,554.00 2,000.00$ $ 2,000.00 1,330.00$ $ 1,330.00 5,500.00$ $ 5,500.00 10 Misc. demo and haul off 11645 SF $ 0.20 $ 2,329.00 0.50$ $ 5,822.50 0.80$ $ 9,316.00 1.16$ $ 13,508.20 1.00$ $ 11,645.00 4.00$ $ 46,580.00 0.50$ $ 5,822.50 6.00$ $ 69,870.00 1.00$ $ 11,645.00 1.00$ $ 11,645.00 0.80$ $ 9,316.00 0.60$ $ 6,987.00 11 Shade Structure Concrete foundation, incl.
reinforcement 2 CY $ 1,500.00 $ 3,000.00 7,200.00$ $ 14,400.00 1,315.00$ $ 2,630.00 1,740.00$ $ 3,480.00 2,000.00$ $ 4,000.00 1,200.00$ $ 2,400.00 1.00$ $ 2.00 15,000.00$ $ 30,000.00 4,724.00$ $ 9,448.00 3,000.00$ $ 6,000.00 1,065.00$ $ 2,130.00 2,000.00$ $ 4,000.00 12 Lighting footing, incl. in lighting cost 1 LS 21,000.00$ 21,000.00$ 1,050.00$ 1,050.00$ 4,640.00$ 4,640.00$ 2,000.00$ 2,000.00$ 350.00$ 350.00$ 1.00$ 1.00$ 4,000.00$ 4,000.00$ 8,550.00$ 8,550.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 3,000.00$ 3,000.00$ 13 Grant funded signage with 40” concrete
footing and 12” subgrade 1 EA $ 1,200.00 $ 1,200.00 11,500.00$ $ 11,500.00 3,200.00$ $ 3,200.00 4,060.00$ $ 4,060.00 3,500.00$ $ 3,500.00 2,000.00$ $ 2,000.00 750.00$ $ 750.00 5,000.00$ $ 5,000.00 12,524.00$ $ 12,524.00 5,000.00$ $ 5,000.00 8,000.00$ $ 8,000.00 1,000.00$ $ 1,000.00 14 8' Kay Park Recreation contour bench 1 EA $ 2,650.00 $ 2,650.00 2,100.00$ $ 2,100.00 975.00$ $ 975.00 2,780.00$ $ 2,780.00 2,500.00$ $ 2,500.00 600.00$ $ 600.00 2,500.00$ $ 2,500.00 2,500.00$ $ 2,500.00 3,271.00$ $ 3,271.00 6,000.00$ $ 6,000.00 1,600.00$ $ 1,600.00 1,200.00$ $ 1,200.00 15 Wooden bike rest with concrete foundation 1 EA $ 2,000.00 $ 2,000.00 3,500.00$ $ 3,500.00 4,425.00$ $ 4,425.00 6,728.00$ $ 6,728.00 3,500.00$ $ 3,500.00 800.00$ $ 800.00 1,476.00$ $ 1,476.00 5,000.00$ $ 5,000.00 3,485.00$ $ 3,485.00 4,000.00$ $ 4,000.00 2,000.00$ $ 2,000.00 2,800.00$ $ 2,800.00 16 14' x 16' shade shelter, 9'-10' tall 1 EA $ 12,760.00 $ 12,760.00 27,500.00$ $ 27,500.00 17,675.00$ $ 17,675.00 20,300.00$ $ 20,300.00 15,000.00$ $ 15,000.00 2,500.00$ $ 2,500.00 19,000.00$ $ 19,000.00 11,000.00$ $ 11,000.00 11,999.00$ $ 11,999.00 19,000.00$ $ 19,000.00 21,690.00$ $ 21,690.00 14,500.00$ $ 14,500.00 17 Picnic table 1 EA $ 1,590.00 $ 1,590.00 5,450.00$ $ 5,450.00 2,285.00$ $ 2,285.00 3,944.00$ $ 3,944.00 7,000.00$ $ 7,000.00 1,000.00$ $ 1,000.00 2,800.00$ $ 2,800.00 4,000.00$ $ 4,000.00 3,622.00$ $ 3,622.00 6,000.00$ $ 6,000.00 2,930.00$ $ 2,930.00 2,200.00$ $ 2,200.00 18 Horse hitching post with concrete foundation
and subgrade 2 EA $ 1,800.00 $ 3,600.00 1,665.00$ $ 3,330.00 3,060.00$ $ 6,120.00 2,900.00$ $ 5,800.00 4,000.00$ $ 8,000.00 3,500.00$ $ 7,000.00 2,100.00$ $ 4,200.00 2,000.00$ $ 4,000.00 3,255.00$ $ 6,510.00 4,000.00$ $ 8,000.00 1,500.00$ $ 3,000.00 2,200.00$ $ 4,400.00 19 Dual stream waste receptacle 1 EA $ 2,160.00 $ 2,160.00 2,075.00$ $ 2,075.00 2,825.00$ $ 2,825.00 2,552.00$ $ 2,552.00 3,500.00$ $ 3,500.00 3,000.00$ $ 3,000.00 3,470.00$ $ 3,470.00 1,000.00$ $ 1,000.00 5,982.00$ $ 5,982.00 1,000.00$ $ 1,000.00 4,000.00$ $ 4,000.00 1,500.00$ $ 1,500.00 20 Horse mounting block with concrete
foundation and subgrade 2 EA $ 850.00 $ 1,700.00 3,500.00$ $ 7,000.00 2,085.00$ $ 4,170.00 4,060.00$ $ 8,120.00 1,500.00$ $ 3,000.00 3,500.00$ $ 7,000.00 1,675.00$ $ 3,350.00 5,000.00$ $ 10,000.00 2,624.00$ $ 5,248.00 3,000.00$ $ 6,000.00 1,065.00$ $ 2,130.00 2,200.00$ $ 4,400.00 21 Horse watering pole 6' with rock drainage
layer 1 EA $ 1,250.00 $ 1,250.00 7,550.00$ $ 7,550.00 1,760.00$ $ 1,760.00 3,480.00$ $ 3,480.00 3,500.00$ $ 3,500.00 1,500.00$ $ 1,500.00 3,775.00$ $ 3,775.00 10,000.00$ $ 10,000.00 7,957.00$ $ 7,957.00 3,000.00$ $ 3,000.00 4,000.00$ $ 4,000.00 3,200.00$ $ 3,200.00 22 Global industrial outdoor drinking fountain
and bottle fill with concrete footing subgrade 1 EA $ 3,000.00 $ 3,000.00 10,000.00$ $ 10,000.00 4,950.00$ $ 4,950.00 8,120.00$ $ 8,120.00 10,000.00$ $ 10,000.00 3,000.00$ $ 3,000.00 8,430.00$ $ 8,430.00 12,000.00$ $ 12,000.00 8,269.00$ $ 8,269.00 10,000.00$ $ 10,000.00 8,600.00$ $ 8,600.00 3,300.00$ $ 3,300.00 23 Geotechnical survey during construction 11645 SF $ 0.25 $ 2,911.25 0.86$ $ 10,014.70 1.35$ $ 15,720.75 2.90$ $ 33,770.50 1.50$ $ 17,467.50 5.00$ $ 58,225.00 0.25$ $ 2,911.25 1.00$ $ 11,645.00 1.75$ $ 20,378.75 1.00$ $ 11,645.00 2.00$ $ 23,290.00 1.00$ $ 11,645.00 24 Rough grading - scrape and recompact top
24" of soil 863 CY $ 25.00 $ 21,575.00 45.00$ $ 38,835.00 42.25$ $ 36,461.75 52.20$ $ 45,048.60 35.00$ $ 30,205.00 15.00$ $ 12,945.00 50.00$ $ 43,150.00 57.00$ $ 49,191.00 13.50$ $ 11,650.50 28.00$ $ 24,164.00 83.00$ $ 71,629.00 42.00$ $ 36,246.00 25 Earthwork - cut 65 CY $ 30.00 $ 1,950.00 205.00$ $ 13,325.00 100.00$ $ 6,500.00 63.80$ $ 4,147.00 100.00$ $ 6,500.00 16.00$ $ 1,040.00 115.00$ $ 7,475.00 56.00$ $ 3,640.00 95.00$ $ 6,175.00 150.00$ $ 9,750.00 67.00$ $ 4,355.00 120.00$ $ 7,800.00 26 Earthwork - fill 5 CY $ 55.00 $ 275.00 1,115.00$ $ 5,575.00 55.00$ $ 275.00 174.00$ $ 870.00 500.00$ $ 2,500.00 16.00$ $ 80.00 280.00$ $ 1,400.00 725.00$ $ 3,625.00 525.00$ $ 2,625.00 250.00$ $ 1,250.00 165.00$ $ 825.00 220.00$ $ 1,100.00 27 Hauloff excess soils 60 CY $ 25.00 $ 1,500.00 460.00$ $ 27,600.00 36.00$ $ 2,160.00 87.00$ $ 5,220.00 150.00$ $ 9,000.00 15.00$ $ 900.00 115.00$ $ 6,900.00 245.00$ $ 14,700.00 90.00$ $ 5,400.00 160.00$ $ 9,600.00 90.00$ $ 5,400.00 65.00$ $ 3,900.00 28 Drainage swale grading 652 SF $ 4.50 $ 2,934.00 13.00$ $ 8,476.00 14.25$ $ 9,291.00 5.80$ $ 3,781.60 3.00$ $ 1,956.00 5.00$ $ 3,260.00 5.50$ $ 3,586.00 9.00$ $ 5,868.00 13.00$ $ 8,476.00 10.00$ $ 6,520.00 16.00$ $ 10,432.00 10.00$ $ 6,520.00 29 Fiber roll 8" min. erosion limit line 474 LF $ 7.00 $ 3,318.00 15.00$ $ 7,110.00 15.25$ $ 7,228.50 11.60$ $ 5,498.40 20.00$ $ 9,480.00 5.00$ $ 2,370.00 6.00$ $ 2,844.00 10.00$ $ 4,740.00 10.00$ $ 4,740.00 14.00$ $ 6,636.00 32.00$ $ 15,168.00 2.00$ $ 948.00 30 Protect inlet with sand gravel bags - 2 bags
high, 18" long 12" wide 28 LF $ 10.00 $ 280.00 127.00$ $ 3,556.00 39.50$ $ 1,106.00 29.00$ $ 812.00 50.00$ $ 1,400.00 2.50$ $ 70.00 45.00$ $ 1,260.00 100.00$ $ 2,800.00 25.00$ $ 700.00 50.00$ $ 1,400.00 60.00$ $ 1,680.00 11.00$ $ 308.00 31 Stabilize decomposed granite - 12" sub
grade, 4" decomposed granite 2211 SF $ 4.00 $ 8,844.00 4.00$ $ 8,844.00 3.75$ $ 8,291.25 4.64$ $ 10,259.04 4.50$ $ 9,949.50 5.00$ $ 11,055.00 6.75$ $ 14,924.25 4.00$ $ 8,844.00 4.90$ $ 10,833.90 5.00$ $ 11,055.00 9.00$ $ 19,899.00 5.00$ $ 11,055.00 32 Unstabilize decomposed granite - 12" sub
grade, 4" decomposed granite 205 SF $ 3.50 $ 717.50 9.75$ $ 1,998.75 3.50$ $ 717.50 9.28$ $ 1,902.40 9.00$ $ 1,845.00 5.00$ $ 1,025.00 8.25$ $ 1,691.25 8.00$ $ 1,640.00 7.30$ $ 1,496.50 10.00$ $ 2,050.00 8.00$ $ 1,640.00 10.00$ $ 2,050.00 33 Landscape curb, 6" 384 LF $ 26.00 $ 9,984.00 26.00$ $ 9,984.00 29.50$ $ 11,328.00 75.40$ $ 28,953.60 65.00$ $ 24,960.00 10.00$ $ 3,840.00 50.00$ $ 19,200.00 25.72$ $ 9,876.48 60.00$ $ 23,040.00 60.00$ $ 23,040.00 53.00$ $ 20,352.00 18.00$ $ 6,912.00 34 Irrigation sub meter 1 EA $ 600.00 $ 600.00 2,000.00$ $ 2,000.00 745.00$ $ 745.00 2,320.00$ $ 2,320.00 2,500.00$ $ 2,500.00 1,200.00$ $ 1,200.00 3,300.00$ $ 3,300.00 2,000.00$ $ 2,000.00 2,552.00$ $ 2,552.00 3,000.00$ $ 3,000.00 2,650.00$ $ 2,650.00 2,500.00$ $ 2,500.00 35 Irrigation controller 1 EA $ 1,500.00 $ 1,500.00 5,000.00$ $ 5,000.00 1,460.00$ $ 1,460.00 5,800.00$ $ 5,800.00 5,500.00$ $ 5,500.00 799.99$ $ 799.99 5,100.00$ $ 5,100.00 5,000.00$ $ 5,000.00 5,764.00$ $ 5,764.00 6,000.00$ $ 6,000.00 6,700.00$ $ 6,700.00 5,500.00$ $ 5,500.00 36 Irrigation backflow prevention assembly 1 EA $ 6,000.00 $ 6,000.00 9,000.00$ $ 9,000.00 1,210.00$ $ 1,210.00 11,600.00$ $ 11,600.00 10,500.00$ $ 10,500.00 2,499.99$ $ 2,499.99 8,100.00$ $ 8,100.00 10,000.00$ $ 10,000.00 2,651.00$ $ 2,651.00 12,000.00$ $ 12,000.00 13,250.00$ $ 13,250.00 10,500.00$ $ 10,500.00 37 Domestic backflow prevention assembly 1 EA $ 6,000.00 $ 6,000.00 10,500.00$ $ 10,500.00 1,565.00$ $ 1,565.00 14,500.00$ $ 14,500.00 5,200.00$ $ 5,200.00 2,499.99$ $ 2,499.99 10,000.00$ $ 10,000.00 12,500.00$ $ 12,500.00 3,050.00$ $ 3,050.00 14,000.00$ $ 14,000.00 4,655.00$ $ 4,655.00 13,000.00$ $ 13,000.00 38 Master valve 1 EA $ 2,500.00 $ 2,500.00 1,000.00$ $ 1,000.00 1,565.00$ $ 1,565.00 1,160.00$ $ 1,160.00 1,200.00$ $ 1,200.00 250.00$ $ 250.00 825.00$ $ 825.00 1,000.00$ $ 1,000.00 727.00$ $ 727.00 1,200.00$ $ 1,200.00 1,365.00$ $ 1,365.00 1,500.00$ $ 1,500.00 39 Flow meter 1 EA $ 1,000.00 $ 1,000.00 750.00$ $ 750.00 470.00$ $ 470.00 696.00$ $ 696.00 800.00$ $ 800.00 300.00$ $ 300.00 590.00$ $ 590.00 600.00$ $ 600.00 2,423.00$ $ 2,423.00 700.00$ $ 700.00 800.00$ $ 800.00 1,000.00$ $ 1,000.00 40 Manifold ball valve 4 EA $ 500.00 $ 2,000.00 240.00$ $ 960.00 530.00$ $ 2,120.00 371.20$ $ 1,484.80 350.00$ $ 1,400.00 150.00$ $ 600.00 667.00$ $ 2,668.00 320.00$ $ 1,280.00 450.00$ $ 1,800.00 400.00$ $ 1,600.00 430.00$ $ 1,720.00 500.00$ $ 2,000.00 41 Mainline isolation ball valve 5 EA $ 500.00 $ 2,500.00 360.00$ $ 1,800.00 565.00$ $ 2,825.00 522.00$ $ 2,610.00 500.00$ $ 2,500.00 200.00$ $ 1,000.00 510.00$ $ 2,550.00 450.00$ $ 2,250.00 450.00$ $ 2,250.00 500.00$ $ 2,500.00 600.00$ $ 3,000.00 600.00$ $ 3,000.00 42 Electric remote control valve 2 EA $ 500.00 $ 1,000.00 500.00$ $ 1,000.00 550.00$ $ 1,100.00 580.00$ $ 1,160.00 550.00$ $ 1,100.00 200.00$ $ 400.00 545.00$ $ 1,090.00 500.00$ $ 1,000.00 700.00$ $ 1,400.00 600.00$ $ 1,200.00 675.00$ $ 1,350.00 600.00$ $ 1,200.00 43 Drip remote valve 4 EA $ 500.00 $ 2,000.00 545.00$ $ 2,180.00 295.00$ $ 1,180.00 603.20$ $ 2,412.80 550.00$ $ 2,200.00 200.00$ $ 800.00 710.00$ $ 2,840.00 520.00$ $ 2,080.00 700.00$ $ 2,800.00 620.00$ $ 2,480.00 695.00$ $ 2,780.00 650.00$ $ 2,600.00 44 Flush valve 7 EA $ 100.00 $ 700.00 74.00$ $ 518.00 200.00$ $ 1,400.00 81.20$ $ 568.40 75.00$ $ 525.00 135.00$ $ 945.00 77.00$ $ 539.00 70.00$ $ 490.00 70.00$ $ 490.00 100.00$ $ 700.00 95.00$ $ 665.00 100.00$ $ 700.00 45 Air vacuum relief valve 6 EA $ 40.00 $ 240.00 73.00$ $ 438.00 110.00$ $ 660.00 81.20$ $ 487.20 25.00$ $ 150.00 100.00$ $ 600.00 62.00$ $ 372.00 70.00$ $ 420.00 50.00$ $ 300.00 100.00$ $ 600.00 95.00$ $ 570.00 100.00$ $ 600.00 46 Drip operation indicator 6 EA $ 12.00 $ 72.00 31.00$ $ 186.00 120.00$ $ 720.00 34.80$ $ 208.80 35.00$ $ 210.00 50.00$ $ 300.00 50.00$ $ 300.00 30.00$ $ 180.00 40.00$ $ 240.00 40.00$ $ 240.00 41.00$ $ 246.00 75.00$ $ 450.00 47 Tree bubbler system 4 EA $ 180.00 $ 720.00 231.00$ $ 924.00 403.00$ $ 1,612.00 92.80$ $ 371.20 85.00$ $ 340.00 75.00$ $ 300.00 132.00$ $ 528.00 80.00$ $ 320.00 70.00$ $ 280.00 100.00$ $ 400.00 108.00$ $ 432.00 125.00$ $ 500.00 48 Rotator head 7 EA $ 135.00 $ 945.00 75.00$ $ 525.00 231.25$ $ 1,618.75 58.00$ $ 406.00 55.00$ $ 385.00 50.00$ $ 350.00 87.00$ $ 609.00 50.00$ $ 350.00 40.00$ $ 280.00 70.00$ $ 490.00 75.00$ $ 525.00 80.00$ $ 560.00 49 Quick coupling valve 2 EA $ 45.00 $ 90.00 336.00$ $ 672.00 328.00$ $ 656.00 371.20$ $ 742.40 350.00$ $ 700.00 75.00$ $ 150.00 445.00$ $ 890.00 320.00$ $ 640.00 400.00$ $ 800.00 400.00$ $ 800.00 425.00$ $ 850.00 400.00$ $ 800.00 50 Drip to PVC line transition fittings 11 EA $ 16.00 $ 176.00 32.00$ $ 352.00 297.00$ $ 3,267.00 34.80$ $ 382.80 35.00$ $ 385.00 10.00$ $ 110.00 50.00$ $ 550.00 30.00$ $ 330.00 20.00$ $ 220.00 40.00$ $ 440.00 41.00$ $ 451.00 50.00$ $ 550.00 51 Irrigation main line, 1-1/2" 157 LF $ 25.00 $ 3,925.00 16.00$ $ 2,512.00 15.85$ $ 2,488.45 18.56$ $ 2,913.92 17.00$ $ 2,669.00 2.50$ $ 392.50 19.00$ $ 2,983.00 16.00$ $ 2,512.00 4.25$ $ 667.25 20.00$ $ 3,140.00 22.00$ $ 3,454.00 75.00$ $ 11,775.00 52 Irrigation main line, 2" 30 LF $ 30.00 $ 900.00 17.00$ $ 510.00 23.00$ $ 690.00 18.56$ $ 556.80 17.00$ $ 510.00 3.00$ $ 90.00 22.00$ $ 660.00 16.00$ $ 480.00 5.00$ $ 150.00 30.00$ $ 900.00 22.00$ $ 660.00 120.00$ $ 3,600.00 53 Irrigation lateral line 294 LF $ 8.50 $ 2,499.00 6.00$ $ 1,764.00 17.20$ $ 5,056.80 6.96$ $ 2,046.24 7.00$ $ 2,058.00 2.00$ $ 588.00 5.00$ $ 1,470.00 6.00$ $ 1,764.00 4.00$ $ 1,176.00 10.00$ $ 2,940.00 8.00$ $ 2,352.00 10.00$ $ 2,940.00 54 Copper piping, 1" UG 139 LF $ 50.00 $ 6,950.00 30.00$ $ 4,170.00 92.85$ $ 12,906.15 34.80$ $ 4,837.20 35.00$ $ 4,865.00 3.50$ $ 486.50 66.00$ $ 9,174.00 30.00$ $ 4,170.00 13.00$ $ 1,807.00 40.00$ $ 5,560.00 42.00$ $ 5,838.00 50.00$ $ 6,950.00 55 Irrigation wire 350 LF $ 25.00 $ 8,750.00 1.50$ $ 525.00 18.99$ $ 6,646.50 1.74$ $ 609.00 2.00$ $ 700.00 0.50$ $ 175.00 3.00$ $ 1,050.00 1.50$ $ 525.00 1.50$ $ 525.00 3.00$ $ 1,050.00 2.70$ $ 945.00 3.00$ $ 1,050.00 56 Irrigation wire conduit 150 LF $ 30.00 $ 4,500.00 6.30$ $ 945.00 12.45$ $ 1,867.50 6.96$ $ 1,044.00 7.00$ $ 1,050.00 1.00$ $ 150.00 3.00$ $ 450.00 6.00$ $ 900.00 5.00$ $ 750.00 8.00$ $ 1,200.00 8.00$ $ 1,200.00 10.00$ $ 1,500.00 57 Pipe Sleeve 187 LF $ 75.00 $ 14,025.00 21.00$ $ 3,927.00 43.50$ $ 8,134.50 23.20$ $ 4,338.40 25.00$ $ 4,675.00 2.00$ $ 374.00 6.00$ $ 1,122.00 20.00$ $ 3,740.00 5.00$ $ 935.00 25.00$ $ 4,675.00 28.00$ $ 5,236.00 25.00$ $ 4,675.00 58 Subsurface drip irrigation area 3828 SF $ 2.64 $ 10,105.92 2.50$ $ 9,570.00 1.99$ $ 7,617.72 2.90$ $ 11,101.20 3.00$ $ 11,484.00 1.00$ $ 3,828.00 4.50$ $ 17,226.00 2.35$ $ 8,995.80 2.50$ $ 9,570.00 3.00$ $ 11,484.00 3.00$ $ 11,484.00 2.50$ $ 9,570.00 59 Soil preparation for planting 5440 SF $ 1.50 $ 8,160.00 0.77$ $ 4,188.80 1.50$ $ 8,160.00 1.16$ $ 6,310.40 1.00$ $ 5,440.00 0.75$ $ 4,080.00 1.00$ $ 5,440.00 0.80$ $ 4,352.00 2.00$ $ 10,880.00 1.00$ $ 5,440.00 1.10$ $ 5,984.00 1.00$ $ 5,440.00 60 3" minimum layer of bark mulch in planting
areas 5440 SF $ 2.50 $ 13,600.00 0.97$ $ 5,276.80 2.75$ $ 14,960.00 1.16$ $ 6,310.40 1.50$ $ 8,160.00 4.00$ $ 21,760.00 1.00$ $ 5,440.00 1.00$ $ 5,440.00 2.75$ $ 14,960.00 1.20$ $ 6,528.00 1.40$ $ 7,616.00 1.25$ $ 6,800.00 61 Trees, CHI TAS, Pink dawn chitalpa tree, 24"
box 2 EA $ 900.00 $ 1,800.00 815.00$ $ 1,630.00 1,035.00$ $ 2,070.00 904.90$ $ 1,809.80 800.00$ $ 1,600.00 300.00$ $ 600.00 925.00$ $ 1,850.00 780.00$ $ 1,560.00 475.00$ $ 950.00 900.00$ $ 1,800.00 1,100.00$ $ 2,200.00 825.00$ $ 1,650.00 62 Shrub, AGA ATT, foxtail agave 15 gal 9 EA $ 200.00 $ 1,800.00 95.00$ $ 855.00 575.00$ $ 5,175.00 104.40$ $ 939.60 100.00$ $ 900.00 60.00$ $ 540.00 12.00$ $ 108.00 90.00$ $ 810.00 200.00$ $ 1,800.00 110.00$ $ 990.00 125.00$ $ 1,125.00 130.00$ $ 1,170.00 63 Shrub, ALO STR, Coral aloe 1 gal 58 EA $ 30.00 $ 1,740.00 12.00$ $ 696.00 125.00$ $ 7,250.00 12.76$ $ 740.08 15.00$ $ 870.00 17.00$ $ 986.00 12.00$ $ 696.00 11.00$ $ 638.00 16.00$ $ 928.00 14.00$ $ 812.00 15.00$ $ 870.00 20.00$ $ 1,160.00 64 Shrub, CEA YAN, Yankee point carmel
creeper 1 gal 45 EA $ 30.00 $ 1,350.00 13.00$ $ 585.00 130.00$ $ 5,850.00 12.76$ $ 574.20 15.00$ $ 675.00 17.00$ $ 765.00 13.00$ $ 585.00 11.00$ $ 495.00 16.00$ $ 720.00 14.00$ $ 630.00 15.00$ $ 675.00 20.00$ $ 900.00 65 Shrub, ELY CON, Canyon prince wild rye 1
gal 71 EA $ 30.00 $ 2,130.00 14.00$ $ 994.00 120.00$ $ 8,520.00 13.92$ $ 988.32 15.00$ $ 1,065.00 17.00$ $ 1,207.00 13.00$ $ 923.00 12.00$ $ 852.00 16.00$ $ 1,136.00 14.00$ $ 994.00 16.00$ $ 1,136.00 15.00$ $ 1,065.00 66 Shrub, ERI FAS, Warriner lytle buckwheat 1
gal 78 EA $ 30.00 $ 2,340.00 13.00$ $ 1,014.00 125.00$ $ 9,750.00 12.76$ $ 995.28 15.00$ $ 1,170.00 17.00$ $ 1,326.00 13.00$ $ 1,014.00 11.00$ $ 858.00 16.00$ $ 1,248.00 14.00$ $ 1,092.00 15.00$ $ 1,170.00 15.00$ $ 1,170.00 67 Shrub, FRA CAL, California coffeeberry 1 gal 6 EA $ 30.00 $ 180.00 43.00$ $ 258.00 130.00$ $ 780.00 13.92$ $ 83.52 15.00$ $ 90.00 17.00$ $ 102.00 25.00$ $ 150.00 12.00$ $ 72.00 16.00$ $ 96.00 25.00$ $ 150.00 16.00$ $ 96.00 15.00$ $ 90.00 68 Shrub, MUH CAP, Pink cloud pink muhly
grass 1 gal 54 EA $ 30.00 $ 1,620.00 19.00$ $ 1,026.00 145.00$ $ 7,830.00 11.60$ $ 626.40 15.00$ $ 810.00 17.00$ $ 918.00 12.00$ $ 648.00 10.00$ $ 540.00 16.00$ $ 864.00 15.00$ $ 810.00 14.00$ $ 756.00 15.00$ $ 810.00 69 Ground covers, CAR WST, Berkeley sedge 1
gal 56 EA $ 30.00 $ 1,680.00 11.00$ $ 616.00 150.00$ $ 8,400.00 11.60$ $ 649.60 15.00$ $ 840.00 17.00$ $ 952.00 12.00$ $ 672.00 10.00$ $ 560.00 16.00$ $ 896.00 15.00$ $ 840.00 14.00$ $ 784.00 15.00$ $ 840.00 70 Ground covers, JUN ELK, Spreading rush 1
gal 42 EA $ 30.00 $ 1,260.00 13.00$ $ 546.00 155.00$ $ 6,510.00 12.76$ $ 535.92 15.00$ $ 630.00 17.00$ $ 714.00 14.00$ $ 588.00 11.00$ $ 462.00 16.00$ $ 672.00 15.00$ $ 630.00 15.00$ $ 630.00 15.00$ $ 630.00 71 Miscellaneous landscape scope incl. 90- day
maintenance, plant material
unloading/handling, and preparation
5440 EA $ 1.50 $ 8,160.00 1.75$ $ 9,520.00 1.90$ $ 10,336.00 1.16$ $ 6,310.40 1.20$ $ 6,528.00 7.00$ $ 38,080.00 1.00$ $ 5,440.00 1.00$ $ 5,440.00 2.00$ $ 10,880.00 1.20$ $ 6,528.00 1.50$ $ 8,160.00 1.40$ $ 7,616.00 72 Gravel filled trench and filter fabric at
drainage swale 652 SF $ 2.25 $ 1,467.00 14.50$ $ 9,454.00 7.50$ $ 4,890.00 17.40$ $ 11,344.80 4.00$ $ 2,608.00 6.00$ $ 3,912.00 13.00$ $ 8,476.00 3.60$ $ 2,347.20 15.00$ $ 9,780.00 5.00$ $ 3,260.00 5.00$ $ 3,260.00 4.00$ $ 2,608.00 73 Stone cobble 704 SF $ 6.00 $ 4,224.00 4.00$ $ 2,816.00 4.75$ $ 3,344.00 5.80$ $ 4,083.20 4.00$ $ 2,816.00 7.00$ $ 4,928.00 16.00$ $ 11,264.00 3.75$ $ 2,640.00 12.00$ $ 8,448.00 15.00$ $ 10,560.00 5.50$ $ 3,872.00 5.00$ $ 3,520.00 74 6" HDPE pipe end section 1 EA $ 3,000.00 $ 3,000.00 3,800.00$ $ 3,800.00 620.00$ $ 620.00 580.00$ $ 580.00 2,500.00$ $ 2,500.00 350.00$ $ 350.00 850.00$ $ 850.00 100.00$ $ 100.00 95.00$ $ 95.00 1,000.00$ $ 1,000.00 465.00$ $ 465.00 2,000.00$ $ 2,000.00 75 Storm drain line - 4" perforated pipe at Swale 165 LF $ 90.00 $ 14,850.00 42.00$ $ 6,930.00 27.00$ $ 4,455.00 69.60$ $ 11,484.00 13.00$ $ 2,145.00 6.00$ $ 990.00 74.00$ $ 12,210.00 5.00$ $ 825.00 20.00$ $ 3,300.00 45.00$ $ 7,425.00 16.00$ $ 2,640.00 8.00$ $ 1,320.00 76 Drain line from drinking fountain, drain pipe 40 LF $ 90.00 $ 3,600.00 300.00$ $ 12,000.00 30.25$ $ 1,210.00 232.00$ $ 9,280.00 60.00$ $ 2,400.00 6.00$ $ 240.00 88.00$ $ 3,520.00 5.00$ $ 200.00 45.00$ $ 1,800.00 100.00$ $ 4,000.00 16.00$ $ 640.00 35.00$ $ 1,400.00 77 Panelboard - 120/240v, 1 PH, 100A incl.
meter 1 EA $ 6,000.00 $ 6,000.00 5,775.00$ $ 5,775.00 3,345.00$ $ 3,345.00 8,120.00$ $ 8,120.00 13,000.00$ $ 13,000.00 3,300.00$ $ 3,300.00 42,000.00$ $ 42,000.00 25,000.00$ $ 25,000.00 9,500.00$ $ 9,500.00 20,000.00$ $ 20,000.00 13,500.00$ $ 13,500.00 6,500.00$ $ 6,500.00 78 Pole mounted LED light, 16' H - 170W, single
head, incl. footing 2 EA $ 6,500.00 $ 13,000.00 2,750.00$ $ 5,500.00 6,200.00$ $ 12,400.00 5,336.00$ $ 10,672.00 8,000.00$ $ 16,000.00 5,500.00$ $ 11,000.00 9,400.00$ $ 18,800.00 12,000.00$ $ 24,000.00 10,950.00$ $ 21,900.00 9,000.00$ $ 18,000.00 9,500.00$ $ 19,000.00 6,000.00$ $ 12,000.00 79 J-box 2 EA $ 3,500.00 $ 7,000.00 1,000.00$ $ 2,000.00 90.00$ $ 180.00 348.00$ $ 696.00 1,500.00$ $ 3,000.00 425.00$ $ 850.00 800.00$ $ 1,600.00 150.00$ $ 300.00 200.00$ $ 400.00 1,000.00$ $ 2,000.00 67.00$ $ 134.00 2,200.00$ $ 4,400.00 80 UG Feeders - 3/4" Conduit w/ 2 #12 & 1 #12
wire incl. trench and backfill 93 LF $ 70.00 $ 6,510.00 32.00$ $ 2,976.00 48.00$ $ 4,464.00 34.80$ $ 3,236.40 90.00$ $ 8,370.00 6.00$ $ 558.00 27.00$ $ 2,511.00 125.00$ $ 11,625.00 95.00$ $ 8,835.00 60.00$ $ 5,580.00 31.00$ $ 2,883.00 60.00$ $ 5,580.00 81 UG Feeders - 3/4" Conduit w/ 2 #8 & 1 #10
wire incl. trench and backfill 96 LF $ 60.00 $ 5,760.00 20.00$ $ 1,920.00 50.25$ $ 4,824.00 34.80$ $ 3,340.80 130.00$ $ 12,480.00 6.00$ $ 576.00 28.00$ $ 2,688.00 150.00$ $ 14,400.00 100.00$ $ 9,600.00 65.00$ $ 6,240.00 32.00$ $ 3,072.00 70.00$ $ 6,720.00 82 UG Feeders - 1" Conduit w/ 2 #4 & 1 #8 GND
wire incl. trench and backfill 38 LF $ 85.00 $ 3,230.00 79.00$ $ 3,002.00 52.25$ $ 1,985.50 34.80$ $ 1,322.40 180.00$ $ 6,840.00 6.00$ $ 228.00 31.00$ $ 1,178.00 200.00$ $ 7,600.00 95.00$ $ 3,610.00 150.00$ $ 5,700.00 32.00$ $ 1,216.00 120.00$ $ 4,560.00 297,159.17$ GRAND
TOTAL = 474,509.70$ GRAND
TOTAL = 411,603.87$ GRAND
TOTAL = 501,125.77$ GRAND
TOTAL = 462,906.00$ GRAND
TOTAL = 433,800.00$ GRAND
TOTAL = 475,848.75$ GRAND
TOTAL = 591,361.18$ GRAND
TOTAL = 420,488.15$ GRAND
TOTAL = 458,033.00$ GRAND
TOTAL = 494,244.00$ GRAND
TOTAL = 397,767.50$
$501,129.57 $460,766.00 $603,000.00
Venture Construction &
Management Voltaire EngineeringAl's Engineering, Inc ARC Construction Inc Cali State Paving Inc Estate Design and Construction Inc
KASA Construction
Inc
R Dependable Const
Inc
Bid Results
GRAND TOTAL =

DEMOLITION

CONCRETE

SPECIALTIES

FURNISHINGS

PLUMBING

EARTHWORK

EXTERIOR IMPROVEMENTS

DECORATIVE ROCK/STONE COBBLE MULCH

UTILITIES
Aguilar & Calderon
CorporationRio Hondo AIP Estimate

GENERAL
Ramco, General
Engineering
Contractors
, Inc
Urban Professional
Builders Inc

ATTACHMENT B

ITEM # 7

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members

FROM:

Raul Alvarez, City Manager

BY:

David Sosnowski, Director of Recreation and Community Services

SUBJECT:

ADOPT RESOLUTION NO. 24-90 ADOPTING AN ARTIFICIAL INTELLIGENCE

USE POLICY FOR THE CITY OF MONTEBELLO

DATE:

December 5, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 24-90 adopting an Artificial Intelligence Use Policy (“AI Policy”) for the City of Montebello; and

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

FISCAL IMPACT:

Approving the Artifical Intelligence Use Policy (Attachment B) does not create any immediate additional financial commitments to the City. Any future procurement of generative AI solution software will follow the City’s standard procurement processes, and all procedures and practices outlined in the Policy and supporting documents will be the responsibility of current City employees.

BACKGROUND/DISCUSSION:

The City is committed to encouraging the use of emerging technologies that promote progress and innovation, increase organizational performance and quality service delivery, and serve the public good. In order to best protect the City in its use of this technology, staff, with the help of the City Attorney’s Office developed the AI Policy that utilizes best practices and templates as identified and provided by the GovAI Coalition.

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

The GovAI Coalition is composed of government members from local, state, and federal agencies united in the mission to promote responsible and purposeful AI in the public sector. As government agencies look to AI to improve services, the GovAI Coalition strives towards a more just and beneficial technological future for all. AI tools have the potential to make government services more responsive, efficient, and accessible to all, while knowing and understanding the serious risks AI poses.

The City’s AI Policy provides guidance for how to best utilize and take advantage of the benefits of AI while self-regulating use of AI to protect the City. This Policy establishes a comprehensive, yet flexible, governance structure for AI systems used by, or on behalf of, the City. This Policy enables the City to use AI systems for the benefit of the community while safeguarding against potential harm and risks. Staff can refer to the AI Policy for all matters relating to the City’s AI usage, including purchasing, procurement, governance, incident response, and education.

ENVIRONMENTAL IMPACT:

N/A

ANALYSIS:

The AI Policy proposed provides rules and guidance for City staff to support responsible use of generative AI tools while spelling out specific guidance that is easy to understand and offers assistance in decision-making for all staff and potential AI users including, but not limited to, interns, consultants, contractors, partners, and volunteers who might be acquiring, designing, handling, or supporting the City’s AI system or any third-party providing their services to the City with the use of an AI system.

The AI Policy ensures that when using an AI system, City staff or others working or servicing on behalf of the City, follow the guiding principles that showcase the values with regards to how the AI systems are acquired, configured, expanded, handled, or maintained. Furthermore, the AI Policy determines the roles and management in relation to the City’s usage of the AI systems and establishes and sustains practices that configure and manage risks that are possible by the AI systems used by the City.

The AI Policy coordinates the AI systems preexisting data, security and privacy measures with those that match the City’s current information and security practices and defines the prohibited uses of AI and establishes procedures to safely retire AI systems that the City no longer utilizes. The Policy details how AI systems may be used for authorized City plans that act in accordance with relevant local, state, and federal laws as well as existing agency policies.

The City’s AI systems and the data contained therein will be purchased, configured, developed, operated, and maintained using the City’s AI Policy Manual (“the Manual”).

The Manual outlines the AI governance framework established by the City using templates and guidelines provided by the GovAI Coalition.

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

When the need to review and analyze a potential AI system for procurement and use is identified, staff will refer to the Manual (Attachment C) for guidance in matters related to AI usage which includes best practices and purchasing, procurement, governance, incident response, and education.

As technology, specifically generative AI, continues to evolve alongside the City’s AI governance practices, this manual and related policies will be updated accordingly.

The Information Technology Division (DoIT) Director shall also designate the IT Division Manager to actively ensure the AI system is used in accordance with the Policy and the City’s AI Policy Manual. The City’s individual departments are responsible for following this Policy under the guidance of DoIT and following updates to this Policy and the Manual and shall check compliance with these documents at least annually.

SUMMARY:

The City Council will consider adopting Resolution No. 24-90 to adopt an Artificial Intelligence Use Policy for the City of Montebello.

ATTACHMENT(S)

1. Attachment A - Resolution -24-90 AI Use Policy

2. Attachment B - City of Montebello - Artificial Intelligence Policy

3. Attachment C - City of Montebello AI Policy Manual

NEXT STEPS:

N/A

RESOLUTION NO. 24-90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO,

CALIFORNIA ADOPTING AN ARTIFICIAL INTELLIGENCE POLICY

RECITALS
WHEREAS, the City of Montebello possesses the authority to establish administrative policies pursuant to its general powers under the California Constitution and state law, enabling it to govern municipal affairs effectively; and WHEREAS, the City is committed to encouraging the use of emerging technologies that promote progress and innovation, increase organizational performance and quality service delivery, and serve the public good; and WHERAS, the City of Montebello is committed to responsible and ethical use of Artificial Intelligence (AI) through principles that ensure transparency, equity, accountability, and the protection of privacy in all AI -related activities conducted by the City and the community; and
WHEREAS, AI has evolved to Generative AI, systems capable of generating new content, such as images, text, audio, or videos, that imitates or is indistinguishable from human-created content. Generative AI systems are trained on large datasets and learn the underlying patterns and structures of the data. They can then generate new content that is similar to the examples they were trained on and may be indistinguishable from human-created content; and
WHEREAS, AI must be applied with great care as it also has the potential of perpetuating discrimination, social inequities, privacy violations, consent issues, security risks, environmental impacts, and deeper concentration of power, among many o ther potential negative impacts; and
WHEREAS, a well-planned AI use policy enables the City of Montebello to use AI systems for the benefit of the community while safeguarding against potential harms; and
WHEREAS, the City of Montebello conducted research in the AI use policy and located template materials for AI policies from GovAI Coalition. The GovAI Coalition is composed of government members from local, state, and federal agencies united in the mission to promote responsible and purposeful AI in the public sector and templates; and

ATTACHMENT A

RESOLUTION NO. 24-90

WHEREAS, staff prepared a staff report and AI use policy, Artificial Intelligence (AI) Policy, as well as a policy manual, Artificial Intelligence (AI) Policy Manual, to assist with the implementation of the AI use Policy, that aligns with GovAI Coalition objectives and templates;
WHEREAS, the City of Montebello’s AI Policy establishes a comprehensive, yet flexible, governance structure for AI systems used by, or on behalf of, the City of Montebello; and

WHEREAS, as advancements in AI technologies are presented the City Manager or designee will incorporate necessary updates and edits to the AI Policy that are in the best interest of the City; and

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

SECTION 1. That the City Clerk shall certify to the adoption of this Resolution; and
SECTION 2. The City Council hereby adopts the recitals set forth above as if fully set forth herein.

APPROVED AND ADOPTED this 5th day of December 2024.

_____________________________
Scarlet Peralta, Mayor

ATTEST: APPROVED AS TO FORM:

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

RESOLUTION NO. 24-90

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. 24-90 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 meeti ng of said Council held on the 5th day of December 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

ATTACHMENT B

Artificial Intelligence (AI) Policy

Effective Date: December 5, 2024

Artificial Intelligence (AI) Policy / V 1.0 2
I. Purpose
The City of Montebello’s Artificial Intelligence Policy (Policy) establishes a comprehensive, yet flexible , governance structure for A rtificial Intelligence (AI) systems used by, or on behalf of, the City of Montebello . This Policy enables the City of Montebello to use AI systems for the benefit of the community while safeguarding against potential harms.

The key objectives of this Policy are to:
• Provide guidance that is clear, easy to follow, and support s decision-making for the staff (full-time, part-time), interns, consultants, contractors, partners, and volunteers who may be purchasing, configuring, developing, operating, or maintaining the City of Montebello’s AI systems or leveraging third-party AI systems to provide services to the City of Montebello;
• Ensure that when using AI systems, the City of Montebello or those operating on its behalf, adhere to the Guiding Principles that represent values with regards to how AI systems are purchased, configured, developed, operated, or maintained; • Define roles and responsibilities related to the City of Montebello’s usage of AI systems;
• Establish and maintain processes to assess and manage risks presented by AI systems used by the City of Montebello;
• Align the governance of AI systems with existing data governance, security , and privacy measures in accordance with the City of Montebello’s current information and security best practices;
• Define prohibited uses of AI systems;
• Establish “sunset” procedures to safely retire AI systems that no longer meet the needs of the City of Montebello;
• Define how AI systems may be used for legitimate City of Montebello purposes in accordance with applicable local, state, and federal laws, and existing agency policies; and,
• Ensure the City of Montebello’s AI systems and the data obtained, maintained, and generated in an AI system is purchased, configured, developed, operated, and utilized in adherence and consideration of the City of Montebello’s AI Policy and Policy Manual.

Artificial Intelligence (AI) Policy / V 1.0 3
II. Scope
This Policy applies to:

1. All AI systems deployed by the City of Montebello; and

2. Staff (full-time, part-time), interns, consultants, contractors, partners, and volunteers who may be purchasing, configuring, developing, operating, or maintaining the City of Montebello’s AI systems or who may be leveraging AI systems to provide services to the City of Montebello.

III. Terms & Definitions
Algorithm: A series of logical steps through which an agent (typically a computer or software program) turns particular inputs into particular outputs.

Algorithmic Review : The process of reviewing a proposed AI technology’s algorithmic system to evaluate compliance with the City’s relevant information technology and privacy policies.

Artificial Intelligence (AI): “Artificial intelligence” or “AI” to be a machine -based system that can, for a given set of human -defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. The City of Montebello defines an “AI system” to be any data system, software, hardware, application, tool, or utility that operates in whole or in part using AI.1
AI System: Any system, software, sensor, or process that automatically generates outputs including, but not limited to, predictions, recommendations, or decisions that augment or replace human decision -making. This extends to software, hardware, algorithms, and data generated by these systems, used to automate large -scale processes or analyze large data sets.

Generative AI: Generative AI refers to AI systems capable of generating new content, such as images, text, audio, or videos, that imitates or is indistinguishable from human -created content. Generative AI systems are trained on large datasets and learn the underlying patterns and structures of the data. They can then generate new content that is similar to the examples they were trained on and may be indistinguishable from human -created content.

Human in the Loop (HITL) : The application of human oversight, intervention or review throughout the various stages of an AI system’s decision-making process. HITL provides for

1 Definition from United States Executive Order No. 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.

Artificial Intelligence (AI) Policy / V 1.0 4
human oversight to ensure the AI’s actions will align with desired outcomes and guiding principles for responsible use of AI.

IT Governance : The City’s process that provides a formal framework to ensure that investments into Information Systems align digital strategy with business strategy.

Additional terms and definitions are provided in the AI Policy Manual.

IV. Guiding Principles for Responsible AI Systems
These principles describe the City of Montebello’s values with regards to how AI systems are purchased, configured, developed, operated, or maintained.

1. Accountability: Roles and responsibilities govern the deployment and maintenance of AI systems, and human oversight ensures adherence to relevant laws and regulations.

2. Effectiveness: AI systems are reliable, meet their objectives, and deliver precise and dependable outcomes for the utility and contexts in which they are deployed.

3. Equity: AI systems support equitable outcomes for everyone. Bias in AI systems is effectively managed with the intention of reducing harm for anyone impacted by its use.

4. Human-Centered Design: AI systems are developed and deployed with a human - centered approach that evaluates AI powered services for their impact on the public.

5. Privacy: Privacy is preserved in all AI systems by safeguarding personally identifiable information (PII) and sensitive data from unauthorized access, disclosure, and manipulation.

6. Security & Safety: AI systems maintain confidentiality, integrity, and availability through safeguards that prevent unauthorized access and use. Implementation of AI systems is reliable and safe, and minimizes risks to individuals, society, and the environment.

7. Transparency: The purpose and use of AI systems is proactively communicated and disclosed to the public. An AI system, its data sources, operational model, and policies that govern its use are understandable and documented.

8. Workforce Empowerment : Staff are empowered to use AI in their roles through education, training, and collaborations that promote participation and opportunity.

V. Roles & Responsibilities
Several roles are responsible for enforcing this policy, outlined below.

Artificial Intelligence (AI) Policy / V 1.0 5
• The Information Technology Division (IT) Director is responsible for directing the City of Montebello’s technology resources, policies, projects, services, and coordinating the same with other City of Montebello departments. The IT Division Director shall designate the IT Division Manager to actively ensure AI systems are used in accordance with the City of Montebello’s information and security best practices and policies. The IT Division Director shall also designate the IT Division Manager to actively ensure the AI system is used in accordance with this policy and the City of Montebello’s AI Policy Manual.
• The IT Division Manager is responsible for overseeing the enterprise security infrastructure, cybersecurity operations, updating security policies, procedures, standards, guidelines, and monitoring policy compliance. The IT Division Manager is also responsible for overseeing the enterprise digital privacy practices, data processing practices, and responsible usage of technology in compliance with the City of Montebello’s information and security best practices and policies. The IT Division Manager is responsible overseeing the privacy practices of AI systems used by or on behalf of City of Montebello departments. The IT Division Manager is further responsible for overseeing the procurement of AI systems and requiring vendors to comply with City of Montebello policy standards through contractual agreements.
• The City of Montebello Departments are responsible for following this policy and following updates to this policy and the City of Montebello AI Policy Manual, and shall check compliance with these documents at least annually. • The IT Division Director shall notify City of Montebello departments when an update to this policy or the City of Montebello AI Policy Manual is released. • The City Attorney’s Office is responsible for advising of any legal issues or risks associated with AI systems usage by or on behalf of the City of Montebello departments.
• The City Manager may, at their discretion, inspect the usage of AI systems and require a department to alter or cease its usage of AI systems or a partner’s usage of AI systems on behalf of the department.

VI. Policy
When purchasing, configuring, developing, operating, or maintaining AI systems, the City of Montebello shall:

1. Uphold the Guiding Principles for Responsible AI Systems;

2. Conduct an AI Review to assess the potential risk of AI systems. The IT Division Manager is responsible for coordinating review o f AI systems used by the City of Montebello as detailed in the City of Montebello AI Policy Manual;

Artificial Intelligence (AI) Policy / V 1.0 6

3. Obtain technical documentation about AI systems using the City of Montebello AI FactSheet or create equivalent documentation if internally developing the AI system.

The Department requesting procurement of the AI system is responsible for requiring vendors to complete the City of Montebello AI FactSheet;

4. Use the City’s applicable processes to purchase, configure, develop, operate, and maintain City of Montebello AI systems and the data contained therein;

5. In the event of an incident involving the use of the AI system, the staff mu st immediately content the IT Division Manager. The IT Division Manager is responsible for overseeing the security practices of AI systems used by or on behalf of City of Montebello departments;

6. Follow policies for information security, data governance, and AI algorithmic review;

7. Ensure all content generated by Generative AI is reviewed by a human for accuracy and bias prior to being used, also known as “human in the loop” (HITL);

8. Comply with all applicable federal and state statutes, as well as the City o f Montebello’s Municipal Code; and,

9. This Policy does not change the requirement that employees perform the duties of their job classifications in accordance with Civil Service class specifications and applicable memoranda of understanding between the City and its recognized employee organizations. This Policy is not intended for employees to use AI technology for work that is outside of their job classifications.

Prohibited Uses
Certain AI systems are prohibited because they process sensitive information and there is a higher risk that they can cause harm. This includes the following prohibited purposes:
• Real-time and covert biometric identification;
• Emotion analysis, or the use of computer vision techniques to classify human facial and body movements into certain emotions or sentiment (e.g., positive, negative, neutral, happy, angry, nervous);
• Generation of content or other uses that impersonate a person or organization in voice or likeness;
• Fully automated decisions that do not require any meaningful human oversight but substantially impact individuals;
• Social scoring, or the use of AI systems to track and classify individuals based on their behaviors, socioeconomic status, or personal characteristics;

Artificial Intelligence (AI) Policy / V 1.0 7
• Cognitive behavioral manipulation of people or specific vulnerable groups; and, • Autonomous weapons systems.

If City of Montebello staff become aware of an instance where an AI system has caused harm, staff must report the instance to their supervisor and the IT Division Manager.

Sunset Procedures
If an AI system operated by the City of Montebello or on its behalf ceases to provide a positive utility to the City of Montebello’s residents as determined by the IT Division Director, then the use of that AI system must be halted unless express exception is provided by the City Manager. If the abrupt cessation of the use of that AI system would significantly disrupt the delivery of City of Montebello services, usage of the AI system shall be gradually phased out over time.

Public Records
The City of Montebello is subject to the California Public Records Act (PRA) . City of Montebello staff must follow all current procedures for records retention and disclosure.

Policy Enforcement
All employees and agents of the City of Montebello , whether permanent or temporary, interns, volunteers, contractors, consultants, vendors, and other third parties operating AI systems on behalf of the City of Montebello are required to abide by this Policy and the associated City of Montebello AI Policy Manual.

VII. Violations of the AI Policy
Violations of any section of the AI Policy, including failure to comply with the City of Montebello AI Policy Manual , may be subject to disciplinary action, up to and including termination. Violations made by a third party while operating an AI system on behalf of the City of Montebello may result in a breach of contract and/or pursuit of damages.

Infractions that violate local, state, federal or international law may be remanded to the proper authorities.

VIII. Acknowledgement
The initial draft of this policy was developed through the coordinated efforts of over 150 state and local agencies in the GovAI Coalition who are dedicated to the responsible and purposeful use of AI that benefits all members of the community.

Approved:

Artificial Intelligence (AI) Policy / V 1.0 8

David Sosnowski,
IT Division Director
Date

Approved for posting:

Ramon Figueroa,
Human Resources Director
Date

ATTACHMENT C

The City of Montebello
Artificial Intelligence (AI) Policy Manual / V 1.0

1 AI Policy Manual
City of Montebello

Maintained and updated by:

Division of Information Technology
[email protected]

Last updated:

November 25, 2024

ATTACHMENT C

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Artificial Intelligence (AI) Policy Manual / V 1.0

2

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Artificial Intelligence (AI) Policy Manual / V 1.0

3 Purpose
The City of Montebello AI Policy Manual provides guidance on complying with the City of Montebello AI Policy. Refer to this manual for all City of Montebello artificial intelligence (AI) usage matters, including purchasing, procurement, governance, incident response, and education.

This document covers the following topics:

1. AI Policy: The foundational document for the City of Montebello’s approach to AI; refer to the “City of Montebello Artificial Intelligence (AI) Policy”.

2. AI Review: Required for all new technology procurements and data initiatives that involve an AI system; see “AI Review”.

3. AI Governance: The framework for managing and monitoring the full lifecycle of all City of Montebello AI systems; see “Artificial Intelligence (AI) Governance”.

4. Domain-Specific Guidelines: Guidance for City of Montebello staff in using specific types of AI as described below.

This document will continue to be updated to provide the latest information on the City of Montebello’s AI Policy and practices.

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Artificial Intelligence (AI) Policy Manual / V 1.0

4 TABLE OF CONTENTS
Artificial Intelligence in the City of Montebello ........................................................................................................ 5 Background.......................................................................................................................................................................... 5 Identifying AI ...................................................................................................................................................................... 5 AI Governance ......................................................................................................................................................................... 7 Governance Structure ..................................................................................................................................................... 7 AI Policy Roles & Responsibilities ............................................................................................................................ 7 AI Review................................................................................................................................................................................... 8 Introduction ........................................................................................................................................................................ 8 What needs an AI Review? ............................................................................................................................................ 8 AI Review Framework: At a Glance........................................................................................................................ 13 AI Review Framework: Step-by-Step .................................................................................................................... 15 Protocol for a Request for Proposals ......................................................................................................................... 26 Use of the RFP Protocol ............................................................................................................................................... 26 Appendix ................................................................................................................................................................................. 28

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Artificial Intelligence (AI) Policy Manual / V 1.0

5 Artificial Intelligence in Montebello
Background
Nestled in the heart of the San Gabriel Valley just seven miles from Downtown Los Angeles, the City of Montebello has a history of using innovative solutions to provide impactful services to residents with limited public sector resources. In recent years, the City has explored the capabilities of artificial intelligence (AI) and machine learning systems to improve the delivery of City services and support data analytics. In response to the City’s increased use of AI systems, the IT and Public Affairs Divisions have developed this Manual.

This Manual details the City of Montebello’s AI governance established by the City of Montebello Artificial Intelligence (AI) Policy. As the City of Montebello’s AI governance practices and the AI industry mature, the City of Montebello’s relevant policies and this Manual will continue to evolve.

Identifying AI
“AI” and “AI system” are defined in the City of Montebello Artificial Intelligence (AI) Policy.

In practice, the City of Montebello uses a checklist of questions to identify AI systems.1 Procurement officers who process technology proposals may make particular use of this checklist. A technology may be considered an “AI system” if it elicits positive answers to any of the following questions:
• Does the technology use data to provide predictions, recommendations, insights, or decisions?
• Does the technology augment or replace human decision-making? • Does the company use words such as “personalized”, “tailored” , and “adaptive” in its marketing?
Although the City of Montebello may identify a technology as an AI system, not all AI systems require a full AI Review. Learn more about the medium and high-risk AI systems that require full review in the “AI Review Process: Step by Step, Step 2: Risk Analysis” section.

The figure below (see next page) illustrates the relationship between an algorithm and an AI system. Consider the example of an AI system designed to change traffic lights based on the presence of a bicyclist. While the algorithm’s sole function is to identify a bicyclist, the AI system changes the traffic light to accommodate the bicyclist identified by the algorithm.

1 This checklist is inspired by The EdTech Equity Project’s school procurement guide.

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Artificial Intelligence (AI) Policy Manual / V 1.0

6 Figure 1: Example of an algorithm and an AI system. In this example the algorithm identifies if a bicyclist exists in the photo. That algorithm is then used in an AI system to turn a bike light green at an intersection.

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Artificial Intelligence (AI) Policy Manual / V 1.0

7 AI Governance
Governance Structure
The governance of AI systems in the City of Montebello involves several actors, policies, and practices that work in coordination to ensure that the City of Montebello uses AI tools in a responsible manner. The diagram below explains the roles and responsibilities of actors in the City of Montebello who frequently participate in AI governance activities.

AI Policy Roles & Responsibilities
Members of the public that your agency serves
• The City of Montebello is ultimately accountable to the members of the public that it serves. For AI use cases that present a high potential risk, the City of Montebello aims to involve the public in the process of reviewing and deploying the AI system . In general, the City of Montebello aims to be transparent about how it uses AI with the broader public.

Final Authority
• The City Manager is the highest and final authority that may need to be involved in certain high-risk applications of AI.

Escalated Authority
• The IT Division Director approves AI -related policies set forth by the IT Division Manager (or equivalent) and, if applicable, sends them to the City Manager for final approval.
• The City Attorney’s Office reviews AI-related policies from a legal perspective. • The Department of Finance reviews all procurement requests. They may refer procurement requests to the IT Division Manager if the procurement seems to involve some technology or AI system.

Reviewing Authority
• The IT Division Manager is the main actor in AI governance activities and is responsible for creating AI -related policies and guidance for the City of Montebello.

The IT Division Manager is responsible for ensuring all procurement requests that involve an AI system are given an AI review.
• The IT Division Manager is responsible for ensuring technology procurement requests are reviewed from a cybersecurity perspective.

Department Stakeholders
• Any City of Montebello Department may submit a procurement request for an AI system.
• Departments can propose pilots, ideas, or potential use cases of AI.

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Artificial Intelligence (AI) Policy Manual / V 1.0

8 • Departments may have a designated AI lead, responsible for interfacing with the IT Division Manager to ensure department is following City of Montebello practices. The AI lead also raises concerns from the Department around AI to the IT Division Manager.

AI Review
Introduction
In addition to the City of Montebello’s privacy, cyber, infrastructure, and data review protocols, the IT Division Manager conducts an AI Review to ensure that the proposed AI system complies with the City of Montebello’s AI Policy and relevant privacy policies (in consultation with the Attorney’s Office ). While not all steps of the City of Montebello’s AI Review protocols may be necessary or appropriate for every project, the protocol provides the general review framework for any project.

It is important to note that throughout the product lifecycle of all AI systems, there should be a consistent and continuous review of the technology through a human -centric lens.

Consistent review allows the City of Montebello to ensure that the AI system continues providing value and protecting against potential undetected harms and/or risks.

What needs an AI Review?
Not all AI systems, whether out-of-the-box or customized, require a full-fledged AI Review.2 Simple rule-based systems, which rely on a series of hard-coded conditional rules to produce one of multiple pre-defined outputs, may not be subject to the AI Review process. In contrast, algorithm-based systems, which rely on complex logic to make predictions based on patterns in a set of training data, are more frequently subject to the AI Review process, which includes generative AI systems3. As a general rule, AI systems should be reviewed quarterly.

Whether an AI system is subject to an AI Review also depends on the potential risk of the AI system in question. To classify the risk of an AI system, the IT Division Manager conducts a risk threshold assessment before initiating an AI review of a given proposal (see the

2 It is important to note that vendors contracted under professional, personal, or general consulting agreements may be using AI based tools on the City of Montebello's behalf. When evaluating professional services agreements, determine if the vendor may be using AI systems to generate reports, analyze data, or provide insights and request information about such systems. Depending on the circumstances, the City of Montebello may wish to also review such third-party AI systems in accordance with the same rules and policies described below.
3 Be advised, any reference to an AI system also refers to generative AI systems herein, any related document(s), and/or document(s) created hereafter.

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9 subsection “Step 2: Risk Analysis” within the section “ AI Review Process: Step by Step” for more information on the risk threshold assessment).

See the chart below for examples of AI systems that do and do not require an AI Review.

These examples are not exhaustive but rather are meant to guide and reinforce concepts.

Note: Sections in bold outlines recommended samples that require / do not require review before publication.

AI Review is required AI Review is optional

1. Predictive policing system that impacts
the deployment of agency resources

2. Identity recognition based on one-to-
many matching (e.g., license plate
reader, facial recognition)

3. AI system that meets organizational
thresholds that require an RFP
according to City Municipal Code
Section 3.20

4. Automated decision-making system
that automates a decision which
traditionally requires human review

5. AI systems that impact or integrate
with infrastructure systems consistent
with City of Montebello services (e.g.,
translation service for 311)

1. General website recommendations (e.g.,
recommended videos on the City of
Montebello's YouTube channel)

2. Personalized notification system for
City of Montebello events

3. Strictly rule-based logic (e.g., an
accounting software to calculate taxes
owed, a motion-detection based alarm
system)

Figure 2: An example list of AI systems that do and do not require an AI Review.

Sample Use Cases

Below are a few sample use cases for generative AI (Gen AI). Please keep in mind that these are just example input prompts; they do not represent the only ways you can use Gen AI systems. The City of Montebello is still in the experimental phases and there are many use cases that are not known about yet.

1. Write an internal memo. Gen AI can write short documents that present an argument.

Example input prompt: “Write a memo to the City Manager about the benefits of using Gen AI in city government.”

DO: DON’T:

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10 Try to be specific in the prompt. If users give
more context and direction, the answer
becomes more relevant.

Do not include any sensitive or confidential
information in the prompt.

Request different versions of the same
sentence until you find what works best. Be
creative!
Do not rely on Gen AI to provide error -free
answers.

Fact check and proofread the output. Do not send without human proofreading and fact-checking cites and references.

Cite your use of Gen AI in the memo. Submit to supervisor for final approval before submitting as final.

2. Summarize information. Gen AI can condense long pieces of information into bullet points or notes.

Example input prompt: “Write a one-page summary of the following report (insert text here).

DO: DON’T:

Specify to whom the summary is intended
for.

Do not include any sensitive or confidential
information in the prompt.

Provide the text you would like
summarized.

Do not send without human proofreading
and fact-checking cites and references.

Fact check and proofread the output. Submit to supervisor for final approval before submitting as final.

Cite use of Gen AI if a substantial portion of
the output is used.

3. *Create content for external use. Gen AI can create social media content at the request of the user. However, doing so requires an additional review process. See below for the two-tier review process. *This case example applies exclusively to the Public Affairs Division.

Example input prompt : “Create an Instagram post for our new Generative AI Guidance.”

DO: DON’T:

Specify to whom the content is meant for. Do not include any sensitive or confidential information in the prompt.

Specify which social media outlet the user
will use.

Do not use the output as the final version
without human review.

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11 Review and check the output for any
cultural, racial, religious, social, and
economic biases.

Do not accept any outputs that contain
offensive or harmful language towards
people, particularly vulnerable residents
that are susceptible to harm including, but
not limited to, ethnic and racial groups,
individuals of various gender expressions,
and others.

Make sure that any content adheres to the
City’s current Social Media Policy.

Do not send without human proofreading
and fact-checking cites and references.

Submit to supervisor for final approval
before submitting as final.

Two-tier review process : Any use of Gen AI for the purposes of social media content creation requires a two-tier review process before implementation.

Step 1: Staff using Gen AI for social media content creation must review and edit the Gen AI-created content.

Step 2: A secondary City staff member within the Public Affairs Division will review the Gen AI created content for final review before official use of the content (i.e., allowing the content to go “live”).

4. Language translation. Gen AI can help you draft content in another language. However, doing so requires an additional review process. See below for the two -tier review process.

Example input prompt: “Translate (insert text) into Spanish, Khmer and Tagalog.”

DO: DON’T:

Specify the audience. Do not include any sensitive confidential information in the prompt.

Specify the language and dialect the user
wants the text translated to.

Do not use content in a language the user
does not understand before consulting
someone with proficiency in the language.

Do not send without human proofreading
and fact-checking cites and references.

Submit to supervisor for final approval
before submitting as final.

Two-tier review process: Any use of Gen AI for the purposes of language translation from English to any other language requires a two-tier review process before implementation.

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12 Step 1: Staff using Gen AI for language translation must send the Gen AI-created language translation to a City staff member who is bilingual certified for review. The bilingual certified staff member does not need to be from the same department as the staff member who created the Gen AI language translation content. The bilingual certified staff member must review the Gen AI language translation content and submit to the requesting staff member for edits within 5 days of receiving the request.

Step 2 : Requesting staff member must complete final edits to the Gen AI language translation content as recommended from the bilingual certified staff member before official use of the content (i.e., allowing the content to go “live”).

5. Analyze information. Gen AI can conduct predictive analyses with data the user provides.

Example input prompt: “Analyze the following survey results (insert data).”

DO: DON’T:

Provide the survey data for analysis. Do not include any sensitive and/or confidential information in the prompt.

Use AI findings as starting point for deeper
investigation.

Do not rely solely on AI predictions for
critical decisions.

Collaborate with data science experts to
interpret AI analysis.

Do not overlook the need for ongoing
human monitoring and interaction.

Cite that you used Gen AI for analysis if you
used the content produced in your final
report or communications.

Do not send without human proofreading
and fact-checking cites and references.

Submit to supervisor for final approval
before submitting as final.

How to Cite

Citing the use of Gen AI is more than a best practice, it is a powerful way to communicate to the user’s audience how Gen AI is improving the user’s work. Citing a user’s use of Gen AI is easy and shows that the user is an early adopter!

Gen AI can be cited as a statement within the document, or as a footnote, endnote, or header.

Citations for content created by Gen AI should include the following:

1. GEN AI SYSTEM: Name of the Gen AI system (ChatGPT, Google Bard, Midjourney, etc.)

2. DD/M M/YYYY: Date when content was generated.

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13 3. Confirmation that the information was fact checked by the user.

4. Optional: State whether content is unmodified from the Gen AI system.

Example cites:

1. In text citation example unmodified:

“This document was drafted with support from (GEN AI SYSTEM) on DD/MM/YYYY. The content was fact checked by City staff. This information is unmodified.”

2. In text citation example modified:

“This email was drafted with support from (GEN AI SYSTEM) on DD/MM/YYYY. The content was edited for brevity and fact checked by City staff.”

3. Footnote/endnote/header example:

“(GEN AI SYSTEM, DD/MM/YY. Fact checked by City staff.)”

How to Opt Out of Data Collection

Some Gen AI systems offer the option to opt out of data collection, and the City encourages users to do so whenever possible. One Gen AI system that allows users to opt out is ChatGPT.

Once a user opts out of data collection, their information does not get used to train the AI system. Then, a user's chat history does not impact future conversations with the AI system and conversations with ChatGPT get deleted after 30 days.

Should a user need further assistance with opting out of any Gen AI system, please contact the Division of IT at [email protected] .

AI Review Framework: At a Glance
The AI Review Framework guides the City of Montebello in reviewing AI systems during the procurement process. The Framework outlines the actions that AI governance practitioners should take from the early project proposal stage to final approval and ongoing monitoring of the AI system.

To understand how the AI Review process is adapted for Request for Proposals (RFP), refer to the section “Request for Proposals (RFP) AI Review Protocol”.

1. Procurement Request or Existing Application Update:

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14 Departments seeking to procure an AI system first engage the IT Division Manager to discuss their technology proposal . Departments should provide existing material related to the project, including details on project purpose, data collected and specific uses and benefits of automating a process, recommendation, or decision.

2. Risk Analysis:

The IT Division Manager conducts an “AI Risk Threshold Analysis” to assess the risk of the proposed AI system and to determine if the project necessitates a full-fledged assessment. Step 2 below provides further guidance and examples of risk on a gradient scale from low-risk to high-risk.4

3. Assessment:

The IT Division Manager facilitates the following steps to evaluate the potential risks and benefits of the proposed AI system.

The following steps should be adhered to in accordance with the City of Montebello’s risk tolerance:
a. Algorithmic Impact Assessment (AIA) Form: The department(s) completes the required AIA Form, or equivalent.
b. AI FactSheet: The vendor completes the required AI FactSheet. The IT Division Manager may work with the vendor to obtain more details about the AI system. Equivalent information should be provided if the AI system is developed internally.
i. If request involves a Request for Proposals (RFP): The vendor may not be determined at this time. Require potential vendor(s) to complete the AI FactSheet. See “Request for Proposals (RFP) AI Review Protocol” for guidance on RFP questions.

4. Final Review:

Projects are reviewed by the IT Division Manager. The IT Division Manager provides assessment, approval/denial, and/or recommendations.

At the IT Division Director’s discretion, a review may rise to a relevant review by the IT Department Director.

5. Pre-Launch Preparation:
a. Data Usage Protocol: Medium-risk and high-risk AI systems may necessitate a Data Usage Protocol to govern the collection, access, processing, and sharing

4 It is important for the City of Montebello to understand and document its risk tolerance for AI systems. Key considerations that may be helpful for assessing an institution’s risk tolerance include:
- What experience does City of Montebello have with AI? - What are City of Montebello's existing risk management frameworks and practices? - Who are the key stakeholders involved in City of Montebello's AI strategy? - Are there any specific regulations or policies that will influence City of Montebello's use of AI?

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15 of data around the AI system to ensure that the project complies with the City of Montebello's existing Digital Privacy Policies, or equivalent. b. AI Inventory: The approved project proposal is added to a publicly viewable online inventory of the AI systems deployed by the City of Montebello . 5 The AIA Form and AI FactSheet are made publicly available online. The IT Division Manager regularly updates the AI Inventory as new AI systems are adopted and archives old systems as they are phased out of use. c. Training: Users of the approved AI system are given training to properly deploy, operate, and maintain the technology. Training is often provided by the vendor or other third party.

AI Review Framework: Step-by-Step
The previous section provided a high -level summary of the AI Review Framework. In this section, each of the seven steps that comprise the AI Review Framework are explained in greater detail.

Step 1: Proposal
An AI Review is triggered when a City of Montebello Department submits a procurement request for a technology involving an AI system. An AI Review can also be initiated when a vendor has made updates to a product’s functionality or released a new version of the AI system. An AI Review can be formally initiated through the IT Division.

For a consultation on potential projects, to initiate an informal “AI Risk Threshold Analysis”, or to ask any questions, contact the IT Division directly at [email protected]. To see a list of AI systems currently used by the City of Montebello, refer to the online AI Inventory here https://montebelloca.gov/IT
Step 2: Risk Analysis
The City of Montebello will conduct a risk analysis on the proposal to determine if a full- fledged review is required for the system. The review will be overseen by the IT Division Manager.
[There are many different approaches to evaluating AI risk . Prevailing approaches include tiered risk systems5 (e.g., red light, yellow light, green light method) and principle-based risk analysis6 (e.g., AI ethics nutrition label).]
The City of Montebello aligns its approach to risk with the National Institute for Standards and Technology (NIST) Artificial Intelligence Risk Management Framework (AI RMF). While the NIST AI RMF does not necessarily describe exactly how to evaluate AI risk, t he AI RMF

5 https://mitsloan.mit.edu/ideas-made-to-matter/a-framework-assessing-ai-risk 6https://www.bertelsmann-
stiftung.de/fileadmin/files/BSt/Publikationen/GrauePublikationen/WKIO_2020_final.pdf

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16 defines characteristics of trustworthy AI and provides important guidance for organizations that seek to build governance and risk management processes for AI systems.7 While there are many methods to evaluating AI risk, the approach outlined below is designed to be easily implemented by public sector practitioners. Those working in the public sector are often constrained by scarce resources and limited personnel capacity . T he AI Risk Threshold Analysis is intended to be a practical tool that balances real-world constraints with the need to adequately ascertain the risk of an AI system.

In the AI Risk Threshold Analysis model, the impacted individual’s inability to opt-out of the use of the AI system and the severity of potential harm of the AI system are the two main factors for evaluating AI risk (see Figure 4).8

Figure 4: The risk of an AI system can be estimated by identifying the impacted individual’s inability to opt - out of the use of the AI system and the severity of potential harm posed by the system.

The components of potential harm consist of the type of output, the level of oversight, the area of impact, the duration of impact, and the reversibility of the impact. In Figure 4, the risk level of each component of potential harm decreases from left to right. For example, for type of output, “decisions” are higher risk than “forecasts”; for level of oversight, “no oversight” is higher risk than “individual action required”; for area of impact, “impacts on civil rights” are higher risk than “recreational impacts”.

7 NIST AI Risk Management Framework: https://www.nist.gov/itl/ai-risk-management-framework and example applications: https://airc.nist.gov/Usecases.
8 The AI Risk Threshold Analysis model is partly inspired by the risk matrix found in AI Ethics Impact Group’s “From Principles to Practice: An interdisciplinary framework to operationalize AI ethics”. https://www.bertelsmann-
stiftung.de/fileadmin/files/BSt/Publikationen/GrauePublikationen/WKIO_2020_final.pdf

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17 Although the AI Risk Threshold Analysis provides a systematic method for evaluating AI risk, estimating the risk of an AI system will vary for each context. For example, t he distinction between a short-term and mid-term impact can be unclear and context-dependent; should a duration of one month be considered a short -term or a mid-term impact? The answer will depend on the unique context in which the AI system is being deployed and on the values of the community (see “Step 4: Public Engagement”) . Is an AI-powered chatbot that leverages ChatGPT to provide residents information about applying to social welfare programs a mid- risk or a high-risk system? Again, the answer is highly context -dependent and requires the contextual and subject matter expertise of the IT Division Manager.

It is possible for an AI system to simultaneously possess characteristics typically associated with both mid -risk AI systems and characteristics typically associated with high-risk AI systems. Categorizing these complex sociotechnical manifestations of risk is not always straightforward and requires the discretion of the practitioner conducting the risk analysis.

When the risk level of an AI system is unclear, a good rule of thumb is to default to the higher risk categorization and conduct a full-fledged AI Review.

While estimating AI risk is not clearcut and requires the discretion of the IT Division Manager, it can nevertheless be helpful when triaging risk to reference characteristics typically associated with low -, mid -, or high -risk AI systems. The tables below feature characteristics that tend to be associated with low-, mid-, and high -risk AI systems , along with examples of each risk archetype commonly found in the public sector. The tables below are non-exhaustive and are intended to aid practitioners in thinking about AI risk.

Low-risk AI Systems
Description Low-risk: AI system that involves an opt-in approach to a person being subject to the system. The system
generates predictions but does not automate decision-
making and involves anonymized information used to
provide general improvements to the City of Montebello.

Notice is provided upon collection if any personal
information is involved. The effects or impacts of the
system are reversible, and typically short-term.

Characteristics • Data Collection: Notice is provided upon collection if any personal information is
involved, as well as documentation to support
the safe storage and handling of data.
• Inferential: AI System provides analysis,
insights, or predictions but these are for
informational purposes only and are not tied to
automated decision-making.
• Negligible impact on humans: The AI system is
used for non-critical tasks with no negative
material impact for humans.

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18 • Mundane applications: The AI assists with
routine tasks like text completion.
• Accuracy and Validity: Accuracy and validity
metrics for the AI system are known.
• Transparency: Access to appropriate levels of
information based on the stage of the AI
system’s lifecycle is provided and tailored to the
role or knowledge of individuals interacting
with the AI system.
• Explainable and interpretable: The meaning
of the AI system’s output(s) is understood in the
context of its designed functional purpose.

Examples of low-risk AI systems • Software that generates a comprehensive profile of a client by aggregating inputted data.
• A process that matches users to a basic
administrative outcome such as time slots for
appointments or next available client services
specialist.
• A system or tool that permits the operations of
basic computer processes such as opening
programs, sending electronic communications,
autocorrecting, or using a calculator.
• The use of generative AI for general research
purposes, where the outputs are not included in
public documents, policies, or decision-making
frameworks.

Medium-risk AI Systems
Description Medium-risk: AI system that involves identifiable information to provide targeted government services
desired by the data owner with periodic oversight.

Notice is provided at time of collection and often
requires written consent. The system may have a short-
to medium-term impact on quality-of-life factors.

Characteristics • Data Collection: Notice is provided upon collection of sensitive personal information, but
it is unknown how data is stored and handled.
• Opt-out consent: Users are automatically
enrolled unless they actively choose to opt out.
• Accuracy and Validity: Accuracy and validity
metrics for the AI system are mostly known.
• Transparency: Access to appropriate levels of
information based on the stage of the AI Systems
lifecycle is somewhat provided and tailored to
general roles of individuals interacting with the
AI system.

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19 • Explainable and interpretable: To a limited
extent, the output(s) can be related back to
inputs and model assumptions.
• Human Oversight: The AI system offers
suggestions, insights or predictions, but humans
retain final decision-making power.
• Economic impact: Has minor impact on
workforce and economic opportunity.
• Periodic oversight: Human monitoring occurs
at intervals, not continuously.
• Moderate impact: The AI system may
temporarily impact quality of life, but has
minimal long-term risks, such as economic,
legal, or reputational consequences.

Examples of mid-risk AI systems • Recruiting software that recommends relevant job openings to candidates based on their skills
and experience, and final hiring decisions
remain with human recruiters.
• An AI model that evaluates loan applications
based on financial data, but human loan officers
make the final approval or denial decisions.
• Marketing and advertising software that tailors
ads to users' interests based on online behavior,
while users retain control over their data and
opt-out options.
• A tutoring software that tailors learning based
on student data, however the student or the
student’s parents can choose the learning
pathway and material difficulty.

High-risk AI Systems
Description High-risk: AI system that is potentially rights-impacting or safety-impacting within areas such as: critical
infrastructure, biometrics, legal representation, and
highly sensitive personal information traditionally kept hidden, like Social Security Numbers, credit card
numbers, etc. The high-risk system may automate
decision-making, have significant material impact on
quality-of-life, and be subject to minimal or no human
oversight.

Characteristics • Compulsory: Users have no opt-out option and are automatically subjected to the AI system.
• Data Collection: No notice or documentation is
provided regarding collection, storage, and
handling of personal data.
• Automated Decisions: The AI directly drives
decisions with minimal or no human input.
• Minimal Oversight: Human monitoring is
either absent or very infrequent.

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20 • Significant Impact: Decisions made by the AI
system can profoundly affect quality of life,
including:
o Employment: Job opportunities, hiring
or firing decisions, salary
recommendations.
o Healthcare: Diagnosis, treatment plans,
eligibility for care.
o Criminal Justice: Risk assessment, bail
determinations, sentencing
recommendations.
o Public Safety: Conflict resolution,
suspect selection, ticketing and fines,
resource allocation.
o Economic: Automated social services
benefit distribution, audits.
o Sensitive Data: The AI system likely
processes highly sensitive personal data
with significant consequences for
misuse.
o Financial: Automated spending which
has the potential to violate liquidity and
use-of-funds requirements, automated
loan acceptance/denial.
o Infrastructure: The reduction of
internet bandwidth or power being
inconsistent with the needs of the
public.

Examples of high-risk AI systems • Generative AI that creates realistic, yet fabricated, videos or audio recordings, posing
risks for misinformation and reputational harm.
• A system that estimates individual risk factors
for insurance, credit, employment, or healthcare
without human oversight in decision-making,
potentially leading to bias and discrimination.
• An autonomous weapons system that can
choose and engage targets without human
intervention.
• A biometric and facial recognition software that
identifies individuals in real-time based on facial
features, raising privacy and potential bias
concerns.
• A system that recommends criminal sentences
based on offender data and prior sentencing
outcomes from historical case data.

Step 3: Assessment
During the assessment stage, the business-owning department(s) fills out the required Algorithmic Impact Assessment Form for the IT Division Manager and the vendor completes

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21 the AI FactSheet. Higher-risk projects require a Data Usage Protocol to guide how the project complies with the City of Montebello's Digital Privacy Policy, or equivalent . Lower-risk projects do not need to undergo a full-fledged review.

Algorithmic Impact Assessment Form
The Algorithmic Impact Assessment ( AIA) Form is completed by staff from the business- owning department procuring the system. 9 The AIA Form consists of questions that are intended to capture information including, but not limited to:
• Project objective:
o Please clearly describe the project use case, the current process, and the desired outcome.
o Which City of Montebello Department and/or Division is owning this system? o Who in the City of Montebello is responsible for this system? o Why does your department choose automation as an approach to this problem? What other approaches to solving this problem were considered (if any) and what led to choosing automation?
• Vendor details:
o Will the AI system be designed, developed, deployed, or maintained by vendors or third parties?
o How can the agency test the AI system before it is put into use? • Transparency:
o How do individuals receive a notice in advance of interacting with the AI system? (For example, if a user is interacting with a chatbot, the system lets the user know they are talking to a chat bot instead of a human.) o How can third -party auditors easily view the AI system’s data to perform evaluations?
o How could AI system operators or residents know if the system outputs an error? What ability will they have to correct or appeal an error? • Equity:
o What individuals and communities will interact with the AI system? For example, is the algorithm used on the general population (technology used in many public areas) or a specific group (e.g., children in a school program, a single neighborhood)?
o How likely is it that the AI system impacts children under the age of 18? o Does this use case, and the information/decisions generated by the AI system, impact an individual’s right or freedoms (e.g., if the AI system helps determine if a suspect can be put on bail or must remain in jail)? o Does this use case, and the information/decisions generated by the AI system, impact an individual’s economic status (e.g., if the AI system helps determine if an individual can apply to affordable housing)?

9 The following example will be the same or similar format the City of Montebello will utilize for its own AIA form. See an example of a completed AIA Form from the City of San Jose here:
https://www.sanjoseca.gov/home/showpublisheddocument/94187/638107653163800000.

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22 o Does this use case, and the information/decisions generated by the AI system, impact an individual’s health, healthcare, well -being (e.g., if the AI system helps determine an individual’s likeliness for colon cancer)? o Do decisions from the AI system impact the environment? (e.g., potential impact to carbon emissions, high tech waste)?
o What issues could arise if the AI system is inaccurate? • Human oversight
o Please describe the level of autonomy of the AI system. ▪ System operates automatically with no human intervention ▪ System operates automatically with occasional retrospective reviews by humans
▪ System operates automatically with opportunity for human to override any individual action
▪ System produces recommendations but cannot act without human intervention
o If there is human intervention in the AI system, is it by the vendor, agency department/office, or both?
o Please list the agency roles/divisions that will be “touching” the system, or managing the deployment and use of the AI system.
o How does the department provide training and resources to personnel to help them develop the skills they need to effectively operate the AI system? o In the event that the AI system does not work or is deemed to be inaccurate, what back-up measures are in place to continue providing services? In other words, can the City of Montebello continue to provide the service without the AI system, and how would it do that?
• Accessibility
o Have you considered how the AI system integrate s and interacts with commonly used assistive technologies (e.g., screen readers, voice recognition software, etc.)?
o Have you considered how users of diverse abilities will interact with the user interface?
o How will feedback be collected by individuals with disabilities regarding the system?
o How will feedback from individuals with disabilities be implemented into the system?
o Where will accessibility features and resources be documented and readily available?
o Will there be specialized training for individuals with accessibility needs? • Liability
o Who in City of Montebello will ultimately be accountable and responsible if the system fails to operate as intended?
o Who in City of Montebello has the authority to stop or limit the AI system’s use?

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23 o If a vendor fails to meet contractual obligations, what are the alternative options that exist to ensure there is no loss of service? (Note that this ties in to the Agency’s AI Incident Response Plan.)
AI FactSheet
The AI FactSheet is completed by the vendor of the AI system and captures basic facts about the AI system. The AI FactSheet enables the IT Division Manager to better understand the technical details of the AI system and ultimately assess the risks and benefits it presents. The AI FactSheet is intended to capture information including, but not limited to:
• Training data
• Testing data
• Input and outputs
• Performance metrics
• Optimal conditions
• Poor conditions
• Bias
The IT Division Manager will work with the vendor as needed to obtain necessary technical details about the AI system.

Step 4: Public Engagement
If the proposed AI system presents a significant potential risk or is of particular public interest, the IT Division Manager conducts in-person outreach, targeting communities with limited access to online comments (either due to language or internet access issues).

Community feedback is then incorporated into the Data Usage Protocol or equivalent.

The City of Montebello should prioritize reducing barriers for public participation, particularly for those directly impacted by the AI system, especially historically marginalized or disadvantaged communities.

Public engagement can occur online, in -person, and in the built environment. Below are examples of formats for public engagement:
• Online
o Interactive website portal: Create a dedicated website where citizens can submit feedback on specific AI initiatives, participate in surveys, and engage in discussions.
o Social media town halls: Host live Q&A sessions on social media platforms like Facebook, Instagram, or X where experts discuss AI and answer public questions.
o Online forums and communities: Create dedicated online forums or communities, possibly on sites like LinkedIn or Reddit, focused on AI policy and development.
• In-person

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24 o Public workshops and town halls: Organize in -person events where citizens can learn about AI, hear from experts, and discuss their concerns and suggestions. In addition, create interactive activities like brainstorming sessions to gain feedback.
o Community outreach programs: Partner with local organizations, libraries, and community centers to host AI education and feedback sessions. o Citizen advisory boards: Establish a diverse advisory board of citizens to provide ongoing feedback on AI development and policy.
o Focus groups and interviews: Conduct targeted focus groups and interviews with specific demographics or stakeholders to gather in -depth feedback on specific AI applications or concerns.
• Built environment
o Interactive kiosks and installations: Install interactive kiosks in public spaces like libraries, parks, or government buildings where citizens can learn about AI and provide feedback through surveys, polls, or open-ended questions. o "Living labs" for testing AI applications: Designate specific areas or neighborhoods as "living labs" where citizens can experience and provide feedback on prototype AI applications in real-world settings. • Additional considerations
o Accessibility and inclusivity: Ensure all feedback channels are accessible to people with disabilities and diverse backgrounds. Use multiple languages, alternative formats, and assistive technologies.
o Transparency and communication: Clearly communicate the purpose of collecting feedback, how it will be used, and how citizens can stay informed about the process.
o Data privacy and security: Implement data security measures to protect citizen privacy and ensure feedback is handled ethically and responsibly.

Step 5: Review
After the necessary documentation and public engagement has been completed, the IT Division Manager reviews the proposal and provides final approval or reject ion of the proposal.

Depending on the level of risk presented by the proposal, this step may involve gaining approval from the IT Division Director and if necessary, the City Manager. The review may require input from the City Attorney’s Office or other relevant departments on a case -by- case basis. Based on the review by the necessary parties, in some instances, the proposal may need to be revised before being approved.

Step 6: Pre-Launch Preparation
Following approval, relevant documentation will be published on the IT Department webpage, including:
• Data Usage Protocol: An electronic copy of the D ata Usage Protocol is added to the digital privacy webpage, or equivalent.

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25 • AI Inventory: If the project features an AI system, the approved project proposal is added to a publicly viewable online register of the AI systems deployed by the City of Montebello.8 The AI FactSheet is also made published online. The IT Division Manager regularly updates the AI Inventory as new AI systems are adopted and archives old systems as they are phased out of use.

Prior to implementation, relevant parties are given training to properly deploy, operate, and maintain the technology. Training is often provided by the vendor or other third party.

Step 7: Ongoing Monitoring
The Data Usage Protocol for a given technology proposal requires that the business-owning department of the AI system submits an Annual Usage Report. The report is typically 1 -2 pages, drafted by the applicable department(s) and details:

1. Project summary

2. Required performance metrics as defined in the D ata Usage Protocol (e.g., accuracy, effectiveness, cost)

3. Future plans for the technology initiative (e.g., project expansion, shift in usage)

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26 Protocol for a Request for Proposals
Prior to issuing a Request for Proposals (RFP) or similar procurement process, departments should review the proposed solution to discern if it includes an AI component . Contact the IT Division Manager directly at [email protected], file a procurement request, or reach out to the City of Montebello’s Finance Department.

RFPs should incorporate questions that demand transparency around how the AI model works, clarify what protocols for human oversight are in place, and confirm that there are mechanisms for user review.

In consideration of the City of Montebello’s public records obligations and transparency commitments, all vendors subject to the use of the protocols outlined in this document through the RFP process should be preemptively informed of the City of Montebello’s intended or required disclosure practices around bid documentation.

Use of the RFP Protocol
This document should be used in conjunction with the AI FactSheet, AI Review, and Vendor Agreement during the public procurement process . This document assumes the following RFP process:
1) Establish minimum requirements AI vendors must meet to be considered for Agency/Project bid and local procurement laws.
2) Publish AI FactSheet as part of the Agency’s RFP solicitation documentation. Require vendors to provide a completed AI FactSheet as part of their formal bid or proposal. 3) Subject Matter Expert (SME) will ask vendor additional questions provided in this document.

Below is an illustrative example of assessment questions and a scoring model of how to evaluate answers to these questions for an AI system. Recommended point values on a scale of zero to five are also provided for each category. Each section of assessment questions includes a “non -technical” question that asks the vendor to provide an answer in plain language that can be easily understood by a non-technical audience.

Any scoring methodology associated with evaluation of RFP bids is determined independently by the City of Montebello in alignment of the City of Montebello’s stated principles and priorities. Please use this as a guide or rubric for best practices. It is the vendor’s responsibility to be responsive to these questions, and it is the SME’s responsibility to ensure that the vendor provides meaningful answers to the assessment questions.

Assessment Questions

1. System Overview
• Brief summary of the AI system.
• Purpose of the AI system, the intended use case, and users. • Relevant context to the technology and maturity of the vendor.

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27 • What is the Department policy on data collection, storage, and distribution? • Training materials and implementation plan.
• Non-technical: Can you provide a non -technical overview of how your AI system operates and its key functionalities?

2. Data Training and Model Description
• How was the AI system trained, and what data was used? • How often is data added to the training set?
• What data was used to test system performance?
• What conditions has the system been tested under?
• Provide a general description of the model(s) used.
• Non-technical: In layman's terms, can you explain how your AI system learns information and what kind of data it has been trained on?

3. System Operations
• How often are the models updated for users?
• Will the user have a choice in moving to the updated model or staying on the current model?
• Where is prompt and output data stored? Is this information used for future model versions?
• Do operators require specific education or certification to use the system? • Non-technical: From a user's perspective, can you clarify where data is stored, as well as the process is for receiving updates or choosing to stay with a current model version?

4. Performance Evaluation
• How was the accuracy and effectiveness of the system measured? • What metrics were used, and why?
• What is the range of accuracy of the AI system, and how does it vary depending on the data?
• What is the system optimizing for and under what constraints? • Non-technical: In simple terms, how well does your AI system perform, and what aspects do its performance metrics prioritize?

5. Ethical Considerations
• What biases does the tool exhibit, and how does it handle that bias? • Does the vendor report bias or justify why no bias would be present? • How does the tool prevent or reduce harm to the end user? • Non-technical: How do you ensure that your AI system treats all individuals and groups fairly, without any unintended biases?

6. System Reliability

ATTACHMENT C

The City of Montebello
Artificial Intelligence (AI) Policy Manual / V 1.0

28 • How does the AI system handle outliers?
• Do overwritten decisions feed back into the system to help calibrate it in the future? • What conditions does the model perform best under?
• What conditions does the model perform poorly under?
• What are the limitations of the AI system?
• What expertise does this AI system require for operation, debugging, modification, and troubleshooting.
• Non-technical: Can you explain, in non -technical terms, how your AI system deals with unusual cases or incorrect predictions?

7. Interpretability and Explanation
• How does the AI system explain its predictions?
• Are the outcomes of the AI system understandable by subject matter experts, users, impacted individuals, and others?
• Non-technical: Can you share examples or scenarios illustrating how the AI system communicates its predictions in a way that is easy to understand for non-experts?

8. Monitoring and Correction
• How is the AI tool monitored to identify any problems in usage? • Can outputs (recommendations, predictions, etc.) be overwritten by a human? • Do overwritten outputs help calibrate the system in the future? • Non-technical: For end-users, how can they be involved in monitoring and correcting any issues with the AI system?

9. Studies and Transparency
• Have the vendors or an independent party conducted a study on the bias, accuracy, or disparate impact of the system?
• If yes, can the City of Montebello review the study?
• Include methodology and results.
• Is the data used to train the system representative of the communities it covers? • Non-technical: Can you provide examples of studies conducted to ensure fairness and accuracy, and how transparent are these studies?

10. User Interaction and Feedback
• How can the City of Montebello and its partners flag issues related to bias, discrimination, or poor performance of the AI system?
• How is the AI tool made accessible to people with disabilities? • Has it been assessed against any usability standards, and if so, what was the result? • What other human factors, if any, were considered for usability and accessibility of the system?

ATTACHMENT C

The City of Montebello
Artificial Intelligence (AI) Policy Manual / V 1.0

29 • Non-technical: How can users easily provide feedback on any issues they encounter with the AI system, and what measures have been taken to ensure accessibility for all users?

Scoring Model

1. System Overview
• 5 (Excellent): A comprehensive, non -technical overview that effectively communicates the AI system's purpose and functionality. • 4 (Good): A clear and concise summary, providing a basic understanding of the AI system.
• 3 (Average): A brief overview but lacks clarity in conveying the system's purpose. • 2 (Below Average): Limited information that does not effectively convey the system's purpose.
• 1 (Poor): No overview or insufficient information to understand the context.

2. Data Training and Model Description
• 5 (Excellent): Detailed information on training data, model architecture, and transparency on model usage.
• 4 (Good): Clear explanation of the training process and model description. • 3 (Average): Basic information on training data and model without much detail. • 2 (Below Average): Limited information on training data and model description. • 1 (Poor): No information or inadequate details regarding training data and model.

3. System Operations
• 5 (Excellent): Regular model updates with clear communication and user -friendly options.
• 4 (Good): Frequent updates with communication on changes, providing user choice. • 3 (Average): Regular updates but lacking clear communication or user choice. • 2 (Below Average): Infrequent updates with unclear communication and no user choice.
• 1 (Poor): No updates or communication about the system's status.

4. Performance Evaluation
• 5 (Excellent): Comprehensive metrics, clear justifications, and superior performance compared to other vendors.
• 4 (Good): Well -explained metrics with justified performance in line with industry standards.
• 3 (Average): Basic metrics explanation with average performance. • 2 (Below Average): Limited metric explanation with subpar performance.

ATTACHMENT C

The City of Montebello
Artificial Intelligence (AI) Policy Manual / V 1.0

30 • 1 (Poor): No metric explanation or poor performance without justification.

5. Ethical Considerations
• 5 (Excellent): Thorough identification and handling of biases with transparent reporting.
• 4 (Good): Clear recognition and handling of biases with transparency. • 3 (Average): Basic acknowledgment of biases without much transparency. • 2 (Below Average): Limited recognition or handling of biases. • 1 (Poor): No acknowledgment or handling of biases.

6. System Reliability
• 5 (Excellent): Robust handling of outliers, effective calibration, and adaptability to corrections.
• 4 (Good): Efficient handling of outliers and adaptability to corrections. • 3 (Average): Adequate handling of outliers with some adaptability to corrections. • 2 (Below Average): Limited handling of outliers and minimal adaptability to corrections.
• 1 (Poor): No handling of outliers or adaptability to corrections.

7. Interpretability and Explanation
• 5 (Excellent): Clear and understandable explanations that cater to both experts and general users.
• 4 (Good): Comprehensible explanations for predictions. • 3 (Average): Basic explanations that may lack clarity. • 2 (Below Average): Limited explanations that are often unclear. • 1 (Poor): No explanations provided or entirely incomprehensible.

8. Monitoring and Correction
• 5 (Excellent): Robust monitoring, efficient correction mechanisms, and clear user involvement.
• 4 (Good): Efficient monitoring and correction mechanisms with user involvement. • 3 (Average): Adequate monitoring with basic correction mechanisms and user involvement.
• 2 (Below Average): Limited monitoring and correction mechanisms with minimal user involvement.
• 1 (Poor): No monitoring or correction mechanisms, and no user involvement.

9. Studies and Transparency
• 5 (Excellent): Independent studies, transparent methodologies, and representative training data.
• 4 (Good): Third-party studies with transparent methodologies. • 3 (Average): Some transparency in studies and methodologies.

ATTACHMENT C

The City of Montebello
Artificial Intelligence (AI) Policy Manual / V 1.0

31 • 2 (Below Average): Limited transparency in studies and methodologies. • 1 (Poor): No studies or transparency in methodologies.

10. User Interaction and Feedback
• 5 (Excellent): User -friendly feedback mechanisms, high accessibility, and positive usability assessment.
• 4 (Good): Effective feedback mechanisms with good accessibility. • 3 (Average): Adequate feedback mechanisms and accessibility features. • 2 (Below Average): Limited feedback mechanisms and basic accessibility. • 1 (Poor): No feedback mechanisms or accessibility features.

Use-case specific questions
Practitioners may want to include additional questions based on the specific use case for the AI system. Below are a few examples of use -case specific questions. The lists below should be used as a starting point for ideating questions that would be helpful to ask a vendor.

Practitioners should review the Use Case Template provided by the GovAI Coalition to build out the AI use case. The Use Case Template is a helpful tool for framing AI use cases in the public sector. Practitioners should resist the urge to tie a use case to a solution, and instead be solution-agnostic.

Use Case: Translation-Based AI Systems
• Please provide a list of all languages your solution supports for live speech translation, beyond the mandatory languages specified in Attachment A. Additionally, describe how often you introduce new languages to your platform and outline the process for these additions.
• Does your solution offer text -to-speech functionality or other methods to accommodate American Sign Language speakers in both in -person and virtual meetings? If so, please describe the features and functionalities that enable this accommodation, including any limitations or requirements for optimal performance. • How do you measure the performance of your solution in terms of translation, speech-to-text, and text -to-speech for English, Spanish, Tagalog, Mandarin, and Vietnamese? Please specify the metrics used (e.g., BLEU score, human ratings, etc.) and the conditions under which these measurements were take n. Based on these metrics, what is the performance of your solution for the specified languages? • Please provide/describe any third -party evaluations or benchmarks that have been conducted on your solution’s translation capabilities. Include details on the evaluation process, criteria, results, and any subsequent improvements made to the solution based on these evaluations.
• What is your solution’s average time delay between speech input and translation output?
• How does the solution handle rapid speech or overlapping conversations? • How can the solution adapt to idiomatic expressions, cultural references, or local slang?

ATTACHMENT C

The City of Montebello
Artificial Intelligence (AI) Policy Manual / V 1.0

32 Use Case: ADA Compliance and Accessibility Considerations • How well does your solution adapt to blurring, obstruction, poor lighting or any conditions that may lead to misclassification?
• Does your product offer built-in accessibility features for users with visual, auditory, motor, or cognitive disabilities? Please describe these features in detail. • Has your product been tested for compatibility with common assistive technologies like screen readers, voice recognition software, and alternative input devices? • Has your product undergone accessibility testing with users who have disabilities? If so, please share the testing methodology and key findings. • How can users with disabilities provide feedback about the product's accessibility? Are there dedicated channels or support options for such concerns?

ITEM # 8

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members

FROM:

Raul Alvarez, City Manager

BY:

Fernando Pelaez, Fire Chief

SUBJECT:

ACCEPT THE 2023 STATE HOMELAND SECURITY PROGRAM (SHSP)
GRANT THROUGH AGREEMENT NO. 4243 WITH THE COUNTY OF

LOS ANGELES AND APPROVE PURCHASE OF VEHICLES AND

RELATED EQUIPMENT

DATE:

December 5, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize the City Manager to execute Agreement No. 4243 with the County of Los Angeles to accept public safety grant funding in the amount of $96,600 from the 2023 State Homeland Security Program (SHSP); and,

2. Authorize the acceptance of additional grant funding of approximately $450,000 through the 2023 State Homeland Security Program (SHSP) via the City of Santa Monica; and,

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $94,000 in Account No. 265-80-866-6040.10 (Grants, Police, State Homeland Security Program, Other Contract Services [expenditures]), $2,600 in Account No. 265-85- 866-6040.10 (Grants, Fire, State Homeland Security Program, Other Contract Services [expenditures]), and $96,600 in Account No. 265-99-4198.18 (Grants, State Homeland Security Program [revenue]); and,

4. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $450,000 in Account No. 265-85-866-6040.10 (Grants, Fire, State Homeland Security Program, Other Contract Services [expenditures]) and $450,000 in Account No. 265-99-4198.18 (Grants, State Homeland Security Program [revenue]); and,

5. Authorize purchase of vehicles and related equipment as allowed per the State Homeland Security Program (SHSP) grant guidelines utilizing the exceptions to

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

the City's standard purchasing process as allowed by Montebello Municipal Code Section 3.20.050(D) - Conformance with Bidding Procedures-City Council Authorization and

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

FISCAL IMPACT:

The City of Montebello has been awarded $96,600 through the 2023 State Homeland Security Program (SHSP). Acceptance of this grant will provide for expenditures on public safety equipment and training, per the grant's requirements. Accepting the grant award requires amending the Fiscal Year 2024-25 budget by increasing appropriations by $94,000 in Account No. 265-80-866-6040.10 (Grants, Police, State Homeland Security Program, Other Contract Services [expenditures]), $2,600 in Account No. 265- 85-866-6040.10 (Grants, Fire, State Homeland Security Program, Other Contract Services [expenditures]), and $96,600 in Account No. 265-99-4198.18 (Grants, State Homeland Security Program [revenue]).

The City will also receive additional funding in the amount of $450,000 through the SHSP grant program via the City of Santa Monica. If this additional funding is awarded, it will also require amending the FY 2024-25 budget by increasing appropriations by $450,000 in Account No. 265-85-866-6040.10 (Grants, Fire, State Homeland Security Program, Other Contract Services [expenditures]), and $450,000 in Account No. 265-99-4198.18 (Grants, State Homeland Security Program [revenue]).

The grant funding will be utilized to purchase vehicles and communication equipment for use by the Montebello Fire Department (see program budget in "Background/Discussion" Section below). Given the need to expend the grant funds by the deadline, coupled with the post-pandemic difficulty in finding vehicles, Staff is recommending use of Montebello Municipal Code Section 3.20.050(D) -- Conformance with Bidding Procedures-City Council Authorization to expedite procurement.

BACKGROUND/DISCUSSION:

If the County’s CEO awards the additional funding and approves the City's request for a grant modification, staff requests authorization to initiate the procurement process for this project. Due to the project’s complexity and the short performance period of the grant, meeting the project deadlines could be challenging. To mitigate this, staff seeks City Council approval to procure equipment (i.e., vehicles, Starlink base stations, etc.) related to the grant project under the auspices of Montebello Municpal Code Section 3.20.050(D) - Conformance with Bidding Procedures-City Council Authorization.

Staff’s review of vehicle availability through various vendors and national fleet providers revealed an inventory shortage, with many vehicles back ordered for months and, in some cases, more expensive than local dealership options. Vendors attribute these shortages to recent labor disruptions, further negatively impacting delivery timelines.

Given these procurement challenges, staff is requesting flexibility to procure vehicles

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

through the most cost-effective and efficient methods available. This may include using existing contracts, formal purchasing procedures, or open-market purchases to secure vehicles in a timely manner and potentially reduce per-vehicle costs. Lower costs could even enable the purchase of an additional vehicle for the project. Moreover, as part of the grant requirements, if vehicles are ordered but experience delays, the City would be required to purchase performance bonds to ensure vehicle delivery, an added expense that could be avoided by purchasing directly from local dealerships.

Due to the high priority of this procurement and the extensive lead times for vehicle purchases, securing vehicles outside the City’s usual procurement process will be necessary. Normally, the City relies on competitively bid cooperative contracts, such as Sourcewell or OMNIA, as allowed by Montebello Municipal Code Section 3.20.050(F) -- Cooperaive Purchase. However, staff recommends the City Council approve an exception to standard bidding procedures under Municipal Code Section 3.20.050(D):

“City Council Authorization: When the city council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above mentioned sections in every individual instance upon a finding by the city council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same”

The following is a preliminary budget for this project:

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

Preliminary quotes (Attachment B) have been obtained for vehicles and equipment to establish a baseline for cost estimates. However, vehicle prices will likely differ at the time of purchase due to various vehicle incentives and offers. Additionally, the vehicle prices above include estimates for tax, license, and fees. As another measure, the proposed budget has a built-in $25,000 contingency that can be used in the event of vehicle price increases. If vehicle prices do not increase, the contingency can be used to purchase additional equipment, as allowed by the grant.

ENVIRONMENTAL IMPACT:

N/A

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

ANALYSIS:

N/A

SUMMARY:

The recommended actions would authorize the City Manager to execute Agreement No. 4243 (Attachment A) with the County of Los Angeles to accept public safety grant funding from the 2023 State Homeland Security Program (SHSP). The City of Montebello has been awarded $96,600, with $94,000 allocated for Police Department projects and $2,600 for Fire Department training. Additionally, the City is in discussions with Los Angeles County and the City of Santa Monica to receive approximately $450,000 in additional SHSP funding.

The recommended actions would also amend the Fiscal Year 2024-25 budget to reflect the 2023 SHSP award of $96,600 as well as the potential $450,000 in SHSP funding originally awarded to the City of Santa Monica by increasing appropriations by $94,000 in Account No. 265-80-866-6040.10 (Grants, Police, State Homeland Security Program, Other Contract Services [expenditures]), $2,600 in Account No. 265-85-866-6040.10 (Grants, Fire, State Homeland Security Program, Other Contract Services [expenditures]), and $96,600 in Account No. 265-99-4198.18 (Grants, State Homeland Security Program [revenue]); and by $450,000 in Account No. 265-85-866-6040.10 (Grants, Fire, State Homeland Security Program, Other Contract Services [expenditures]) and $450,000 in Account No. 265-99-4198.18 (Grants, State Homeland Security Program [revenue]).

Should the additional $450,000 in grant funding be awarded, staff requests the City Council approve purchases of vehicles and equipment (Attachment B) for this project using the exceptions to the City's standard procurement process as allowed in Municipal Code Section 3.20.050(D) - Conformance with Bidding Procedures-City Council Authorization.

ATTACHMENT(S)

1. Attachment A - 2023 SHSP Subrecipient Agreement - Agreement 4243

2. Attachment B - Project Quotes

NEXT STEPS:

N/A

S
tate Homeland Security Program
Subrecipient Agreement
Grant Year 2023
B
etween the
C
ounty of Los Angeles
a
nd the
C
ity of Montebello

ATTACHMENT A

SUBRECIPIENT AGREEMENT

BETWEEN THE

COUNTY OF LOS ANGELES
AND

THE CITY OF MONTEBELLO
T
HIS AGREEMENT ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the "County of Los Angeles"), and the City of Montebello, a public agency (the "Subrecipient").

W I T N E S S E T H
W
HEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G&T), has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.067 - Homeland Security Grant Program directly to the California Governor's Office of Emergency Services (Cal OES) for the 2023 SHSP, Federal Award Identification No. 037-00000, Federal Award dated October 18, 2023 with a performance period of September 1, 2023 to May 31, 2026. This Federal Award is not a R&D award; and W
HEREAS, the Cal OES provides said funds to the County of Los Angeles, Unique Entity ID (UEI) #MKQ9AQH7R2S5, as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and W
HEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
W
HEREAS, the County of Los Angeles as Subgrantee has obtained approval of the 2023 SHSP grant from Cal OES in the total amount of $9,481,457; and W
HEREAS, the CEO now wishes to distribute 2023 SHSP grant funds to the Subrecipient in the amount of $96,600, as further detailed in this Agreement; and W
HEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and

WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on September 10, 2024 authorized the CEO to prepare and execute this Agreement.

N
OW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:

S

ECTION I

INTRODUCTION
§101. Parties to this Agreement
T
he parties to this Agreement are:

A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and
B. City of Montebello, a public agency, having its principal office at _1600 w.

Beverly Blvd., Montebello, CA 90640______________________________ §102. Representatives of the Parties and Service of Notices A. T
he representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:

1. T
he representative of the County of Los Angeles is, unless otherwise stated in this Agreement:

Cr
aig Hirakawa
County of Los Angeles - Chief Executive Office
500 West Temple Street, Room 796
Los Angeles, CA 90012
Phone: (213) 974-1127
[email protected]
K
asey Dizon
County of Los Angeles - Chief Executive Office
500 West Temple Street, Room 796
Los Angeles, CA 90012
Phone: (213) 974-1764
[email protected]

2. The representative of Subrecipient is:

Name and Title: R aul Alvarez, City Manager
Organizational UEI #: J8RSDMN5KCQ7
Address: 1600 W. Beverly Blvd.

City/State/Zip: M ontebello, CA 90640
Phone: 323-887-1200 ext.1363
Email: . [email protected] W
ith a copy to:

Name and Title: A ngelica Palmeros, Deputy Director Organization: City of Montebello Fire Department Address: 1600 W. Beverly Blvd.

City/State/Zip: M ontebello, CA 90640
Phone: 323-887-1200 Ext. 1547
Email: . [email protected] B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular U.S. Postal mail service and/or e-mail. In the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the m
essage will be deemed communicated as of the date of mailing.

C. If the name and/or title of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
S
ubrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and

will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement S
ubrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:

A. C
ertification and Disclosure Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411.A.14 of this Agreement.

Subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient.

B. C
ertification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement.

C. C
ertification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement.

D. C
ertification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §411.C of this Agreement.

S

ECTION II

TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
T
he performance period of this Agreement is from September 1, 2023 to February 28, 2026, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in §503, below.

§202. Use of Grant Funds

A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter "Budget," for the 2023 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E.

Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect.

Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.

B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non-Federal funds.

C. Subrecipient must review the Federal Debarment Listing at https://www.sam.gov/search/
prior to the purchase of equipment or services to
ensure the intended vendor is not listed and also maintain documentation that the list was verified.

D. Prior to the purchase of equipment or services utilizing a sole source contract or the receipt of single bid response of $250,000.00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.

E. Subrecipient must provide any certifications or reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of
Los Angeles, and must be provided by the
fifteenth (15th) of the following month. Subrecipient is required to complete any survey requests requested by the County of Los Angeles. Subrecipient must also submit completed Project Claims for reimbursement immediately or a minimum on a quarterly basis, and no later than the date stated in §201, above.

F. Subrecipient must provide an electronic copy of their Annual Single Audit Report, as required by Title 2 Code of Federal Regulations (C.F.R) Part 200, to the County of Los Angeles within 30 calendar days after receipt of the auditor's

report(s). In the event the Subrecipient does not meet the Single Audit Threshold expenditure amount in a fiscal year, the Subrecipient must provide the County of Los Angeles a copy of a letter sent to State Controller's Office noting the Single Audit Threshold was not met, and its exempt status within nine months after the end of the Subrecipient's fiscal year, unless otherwise approved by the County of Los Angeles.

G. Subrecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring may include, at a minimum, one on- site visit during the term of this Agreement. Monitoring will utilize a Review Instrument (sample attached hereto as Exhibit H, and subject to periodic revisions) to evaluate compliance.

H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30) days of any audit finding.

I. Subrecipient use of the Los Angeles Regional Interoperable Communication System's Motorola Solutions, Incorporated Land Mobile Radio System Contract to purchase equipment is unallowable unless the Subrecipient can clearly demonstrate to CEO it meets one of the four federal exceptions to necessitate a noncompetitive procurement before issuance of any contract, amendment, or purchase order.

J. Subrecipient shall not use grant funds to purchase, extend, or renew any Telecommunications and Video Surveillance services and equipment as substantial or essential component of any system, or as critical technology as part of any system which the Secretary of Defense, in consultation with Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an owned, controlled by, or connected to the People's Republic of China such as and not limited to Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

K. Any equipment acquired pursuant to this Agreement must be authorized in the G&T Authorized Equipment List (AEL) available online at https://www.fema.gov/authorized-equipment-list
and the Funding Guidelines of
the 2023 SHSP Notice of Funding Opportunity, incorporated by reference, and attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements and any added Cal OES requirements. Federal procurement requirements for the 2023 SHSP can be found at Title 2 CFR Part 200.313.

Any equipment acquired or obtained with Grant Funds:

1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant;

2. Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan;

3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan.

L. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, "Equipment" is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5,000.00 or more per unit. Items costing less than $5,000.00, but acquired under the "Equipment" category of the Grant must also be listed on any required Equipment Listing.

1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.

2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency.

3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (10) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division. The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the

property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.

4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible.

5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on file a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested.

M. Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.

N. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

O. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertraininq.gov/frts/ .

P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/hseep
.

Q. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

R. Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of this Agreement.

S. Pursuant to this Agreement, indirect costs are not reimbursable.

SECTION Ill

PAYMENT

§301. Payment of Grant Funds and Method of Payment

A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $96,600 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, organization, and planning as described in Section II of this Agreement. The grant amount represents the amount allocated to Subrecipient in the 2023 SHSP Grant Award Letter from Cal OES.

B. Subrecipient must submit reimbursement requests to the County of Los Angeles A-C Shared Services Division requesting payment as soon as a Project is completed and expenses are incurred and paid with the required supporting documentation; submission can be sent immediately or at a minimum on a quarterly basis, and no later than the date stated in §201, above. Each reimbursement request must be accompanied by the Reimbursement Form (sample attached hereto as Exhibit G, and subject to periodic revisions). All appropriate back-up documentation must be attached to the reimbursement form, including the method of procurement, bid documentation, purchase orders, invoices, report of goods received, and proof of payment.

For Training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES and that a Cal OES Feedback number has been assigned to the course, and timesheets and payroll registers for all training attendees.

For Exercise reimbursements, Subrecipient must enter the After Action Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the reimbursement request.

For Planning reimbursements, Subrecipient must include a copy of the final tangible product.

C. The County of Los Angeles may, at its discretion, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission, inquiry from the County of Los Angeles to the Subrecipient regarding fund utilization, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in

§301.A., above, will not be utilized. As provided in §503, below, any increase or decrease in the grant amount specified in §301.A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

D. P
ayment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.

E. I
t is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein.

F. F
unding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.

C
ounty of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.

S

ECTION IV

STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
A
ll titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party. §402. Applicable Law, Interpretation and Enforcement
E
ach party's performance hereunder must comply with all applicable laws of the United States of America, the State of California, and the County of Los Angeles.

This Agreement will be enforced and interpreted, as applicable, under the laws of the United States of America, the State of California and the County of Los Angeles.

I
f any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby.

Applicable Federal or State requirements that are more restrictive will be followed.

§403. Integrated Agreement

This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.

§404. Breach

If any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.

§405. Prohibition Against Assignment or Delegation

Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or

B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.

§406. Permits

Subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient's performance hereunder and must pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents.

§407. Nondiscrimination and Affirmative Action

Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion,

national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition.

Subrecipient must comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

If required, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at https://www.justice.gov/crt
.

Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this §407 of this Agreement.

§408. Indemnification

Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2.

To achieve the above-stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.

§409. Conflict of Interest

A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:

1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;

2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or

3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.

B. Definitions:

1. The term "immediate family" means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" means:

a. Any direct or indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.

b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.

C. The Subrecipient further covenants that no officer, director, employee, or agent may solicit or accept gratuities, favors, or anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).

D. The Subrecipient may not subcontract with a former director, officer, or employee within a one-year period following the termination of the relationship between said person and the Subrecipient.

E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.

F. For further clarification of the meaning of any of the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest.

G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.

H. The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.

I. The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must substitute the term "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor".

§410. Restriction on Disclosures

Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.).

§411. Statutes and Regulations Applicable To All Grant Contracts

A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.