Montebello City Council
June 25, 2025

Section D. HOLIDAY BANK…………………………………………………………………………………….. 10 Section E. COMPENSATORY TIME OFF (CTO) BANK…………………………………………………….. 11 Section F. ADMINISTRATIVE LEAVE………………………………………………………………………… 11 ARTICLE VI MISCELLANEOUS PROVISIONS………………………………………………………………… 12 Section A. UNTI WORK SCHEDULES………………………………………………………………………… 12 Section B. PROBATIONARY PERIOD………………………………………………………………………… 12 Section C. DISCIPLINARY APPEALS………………………………………………………………………… 12 Section D. MANAGEMENT RIGHTS…………………………………………………………………………… 13 Section E AVOIDANCE OF INEQUITIES…………………………………………………………………….. 13 Section F. SHARED AGREEMENT CLAUSE………………………………………………………………… 13 ARTICLE V EFFECTIVE DATE AND TERM OF AGREEMENT……………………………………………... 14 APPENDIX A CITY POLICY – BILINGUAL PAY………………………………………………………………… 15 APPENDIX B CITY POLICY – BEREAVEMENT LEAVE ………………………………………………….…… 18 APPENDIX C CITY POLICY – LONGEVITY PAY……………………………………………………………….. 21 APPENDIX D CITY POLICY – EDUCATIONAL REIMBURSEMENT PROGRAMS…………………………. 34 APPENDIX E CITY POLICY – EMPLOYEE COMPENSATION AND BENEFITS…………………………… 37 APPENDIX F CITY POLICY – EDUCATION INCENTIVE………………………………………………………. 41

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PREAMBLE
Pursuant to Government Code Section 3500 et seq., representatives of the City of Montebello (“City”) have met and conferred in good faith with representatives of the Montebello Fire Management Association (MFMA), and have reached an agreement to recommend that the City Council take the actions identified in this comprehensive Memorandum of Understanding (hereafter either "Memorandum," "MOU" or "Agreement”). Upon ratification of this Comprehensive MOU by majority vote of the bargaining unit membership as well as adoption by the City Council, all terms and conditions set forth herein shall become binding. This Comprehensive MOU supersedes Resolution 22-27 adopted by the City Council on April 27, 2022.

Except as otherwise modified herein, existing wages, hours, and other terms and conditions of employment shall remain in full force and effect.

ARTICLE I - IMPLEMENTATION

SECTION A TERM
Period Covered Three (3) Years. From 7/1/2025 to 6/30/2028.

SECTION B RECOGNITION
The Montebello Fire Management Association (MFMA), is the exclusive representative of the Fire Battalion Chief, Fire Marshal, Deputy Fire Chief, and Assistant Fire Chief bargaining unit for the purpose of meeting and conferring over wages, hours, and terms and conditions of employment.

SECTION C PROVISIONS OF LAW AND SEVERABILITY CLAUSE
Except as modified herein, all relevant federal, state, and local laws apply. Should any provisions of this MOU be found to be in violation of any law, rule, or regulation, the remaining provisions will remain in full force and effect for the duration of this MOU.

SECTION D INCORPORATION OF CITY CODE, RULES, AND POLICIES This MOU memorializes changes in terms and conditions for members of the bargaining unit as well as modifications of certain existing City codes, rules, and policies.

Incorporation of prior MOU’s references to City code, rules, and policies have been adopted during “Meet and Confer” sessions and shall be considered adopted by reference in this MOU specifically the following City policies which are attached as appendices to the MOU:
a. 2.060.590 Bilingual Pay
b. 2.060.565 Bereavement Leave
c. 2.060.227 Longevity Pay
d. 2.060.517 Educational Reimbursement Programs
e. 2.060.504 Employee Compensation and Benefits
f. 2.060.528 Education Incentive Pay

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Unless the parties mutually and voluntarily agree to do so, neither party shall be obligated to negotiate over matters covered by, or within the scope of, this Agreement, during the term of this Agreement.

SECTION E CITY DEDUCTIONS AND DUES
The City agrees to conduct dues deductions.

SECTION F FULL UNDERSTANDING, MODIFICATION AND WAIVER
It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation and understanding between Management and the employees covered by this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment covered by this Memorandum. This Memorandum of Understanding memorializes the terms and conditions for members of the bargaining unit as well as modifications of other existing City rules and policies. All other City rules, policies, and regulations shall be considered incorporated, by reference, in this MOU. Unless the parties mutually and voluntarily agree to do so, neither may be obligated to negotiate over matters covered by this Agreement or over other matters within the scope during the term of this Agreement.

ARTICLE II - COMPENSATION

SECTION A SALARY INCREASES
The City shall increase the base salary of all employees covered by this MOU as follows:
a). Effective the first full pay period after July 1, 2025, base pay for each classification will be increased by seven and a half percent (7.5%).

Position Range Number Annual Salary Range
Fire Marshal 53 $122,581 - $153,087
Fire Battalion Chief 60 $145,711 - $181,973
Deputy Fire Chief 61 $149,354 - $186,522
Assistant Fire Chief 65 $164,858 - $205,885
b). Effective the first full pay period after July 1, 2026, base pay for each classification will be increased by five percent (5%).

Position Range Number Annual Salary Range
Fire Marshal 55 $128,787 - $160,837
Fire Battalion Chief 62 $153,087 - $191,185
Deputy Fire Chief 63 $156,915 - $195,965
Assistant Fire Chief 67 $173,204 - $216,308

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c). Effective the first full pay period after July 1, 2027, base pay for each classification will be increased by two and a half percent (2.5%).

Position Range Number Annual Salary Range
Fire Marshal 56 $132,007 - $164,858
Fire Battalion Chief 63 $156,915 - $195,965
Deputy Fire Chief 64 $160,837 - $200,864
Assistant Fire Chief 68 $177,534 - $221,716
• Annual performance increases will remain on schedule for unit members who meet department expectations on their performance evaluation. o Management reserves the right to increase an employee’s salary by one (1) or two (2) steps based on their performance evaluation. Any increase beyond two (2) steps must be authorized by the City Manager, within the adopted salary range.

SECTION B UNIFORM/ EOUIPMENT ALLOWANCE
The City agrees to provide a total uniform/ equipment allowance to unit members of $750/year.

Paid during the second (2nd) pay period in August each year.

SECTION C OVERTIME
Fire Battalion Chiefs shall be compensated for all hours worked above 56 hours per week at

1.5 times their calculated hourly rate including incentive pays allowed by this MOU.

Fire Battalion Chiefs in this unit that work a forty (40) hour work week shall be compensated for all hours worked above 40 hours per week at 1.5 times their calculated hourly rate including incentive pays allowed by this MOU.

For classifications other than Fire Battalion Chief in this unit, that work a forty (40) hour work week, overtime shall be calculated in accordance with the Fair Labor Standards Act (FLSA) for all time actually worked in excess of forty (40) hours in a work week.

SECTION D MEAL ALLOWANCE
Battalion Chiefs will receive $6.00 per day for meal supplies. This food allowance is paid to the Department twice annually for the months January - June and July - December.

SECTION E GYM MEMBERSHIP
The City agrees to provide access to a gym facility at no cost to employees. It shall be mandatory for all employees to attend the provided gym facility at least once during each segment for a minimum of one hour and engage in exercise activities unless there are mitigating or unforeseen circumstances that prevent such attendance. employees are required to submit a gym usage report on a quarterly basis to the Fire Chief.

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SECTION F CERTIFICATE PAY IN RANK
Employees who possess and maintain their California / Los Angeles County Department of Health Services certifications shall be eligible to receive the following non-stackable incentives:

Certificate/License Incentive
EMT 3% of base pay
or
Paramedic 8% of base pay
EMT and Paramedic Pays shall be reported to CalPERS per Title 2 CCR section 571 periodically when earned, on a per pay period basis. However, the City makes no representations or guarantees whatsoever with respect to whether CalPERS shall include said pays as compensation for purposes of benefit determination, and CalPERS shall make the sole determination as to inclusion.

SECTION G PARAMEDIC RECERTIFICATION BONUS
The City agrees to reimburse the MFMA members the current cost of recertification fees for the California State Paramedic license.

SECTION H RECALL
The minimum number of hours for recall time is four (4) hours.

SECTION I LEVEL 3 SURVISOR BENEFIT
The City agrees to pay the cost of the CalPERS Level 3 Survivor benefit.

SECTION J SPECIALTY/CERTIFICATION PAYS/PROGRAM MANAGEMENT Effective the first full pay period after July 1, 2025, an employee who possesses the certifications listed below is eligible to receive an incentive of seventy-five dollars ($75) per pay period per certification:
• Qualified mutual aid certifications (maximum of two (2) certifications) • Fire Arson Investigator, HAZWOPER, and/or Fire Marshal ICC certifications (maximum of two (2) certifications)
Effective the first full pay period after July 1, 2025, the Fire Chief, at his/her sole discretion and based on the Department’s needs, may create specialties. Employees who qualify for such specialties or manage the program shall be eligible to receive incentive pay of one hundred dollars ($100.00) per pay period per each qualifier (maximum of three (3) specialties).

List of specialties as of July 1, 2025: HazMat; Wildland; Alert and Warning (IPAWS/WEA); Strike Team Leader; Air Operations; Emergency Medical Services; ISO; Grants Management;

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PIO; Training; EOC; USAR; Emergency Management; State Fire Marshal Instructor; California Specialized Training Institute; Telestaff; PS Trax; APS; E-Clipboard Medic; NFIRS; CPR/First Aid Instructor; Subject Matter Expert (SME).

Pay under this section shall be reported to CalPERS per Title 2 CCR section 571 periodically when earned, on a per pay period basis. However, the City makes no representations or guarantees whatsoever with respect to whether CalPERS shall include said pay as compensation for purposes of benefit determination, and CalPERS shall make the sole determination as to inclusion.

ARTICLE III - RETIREMENT

SECTION A CALPERS RETIREMENT TIERS
The City offers a defined retirement benefit plan through the California Public Employees’ Retirement System (“CalPERS”). There are two (2) tiers of the retirement benefit plan depending on date of hire and/or status as “new member”, as defined by Government Code, which define the employee contribution/cost sharing as follows:

Retirement Tier 1: Employees hired prior to January 1, 2013 or who are not “new members” under the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”), Gov. Code § § 7533, et seq.

The current retirement formula is 3% at 50.

Retirement Tier 2: Employees Hired on or after January 1, 2013 and who are defined by the Public Employees’ Pension Reform Act (PEPRA) as “new members”.

The current retirement formula is 2.7% at 57

SECTION B EMPLOYEE CALPERS CONTRIBUTION
A. Classic CalPERS Members (as defined by CalPERS):

Classic CalPERS Members pay the nine percent (9%) employee contributions toward their CalPERS pension. Each Classic CalPERS unit member shall also contribute an additional three percent (3%) of the employee member contribution of pensionable income to CalPERS for a total obligation by each Classic CalPERS unit member of twelve percent (12%).

B. CalPERS (PEPRA) Members (as defined by CalPERS):

New CalPERS (PEPRA) unit members, including each newly hired unit member, shall continue to pay their obligatory "half the actuarial normal cost" of their pension benefit (as determined and regularly adjusted by CalPERS). The normal cost obligation for each PEPRA member is determined annually by CalPERS actuarial valuation reports. The City

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is prohibited by PEPRA from paying any portion of the member contribution for PEPRA members.

ARTICLE IV - POST RETIREMENT BENEFITS

SECTION A RETIREE HEALTH BENEFITS
A. Full- time employees hired prior to June 26, 2019:

The City agrees to continue to provide the Retiree Health Benefit, with qualifying prerequisites, terms, and provisions as previously agreed to in the Memorandum of Understanding between the City and MFMA for the 2008 Re-Opener negotiations, to all fulltime employees hired prior to the date a new MOU is adopted by the City Council.

The terms and eligibility requirements remain as follows:
1) The Retiree Health Benefit will be paid to eligible employees throughout the employee's lifetime or until the employee qualifies for Medicare under the federal Social Security Act. 2) The Retiree Health Benefit will not apply to the employee's survivors. 3) To be eligible, the unit member:
a) Must currently be employed as an active full-time safety employee of MFMA; b) Must be at least 50 years of age (no minimum age requirement for disability retirement); c) Must retire directly from the City of Montebello;
d) Must have at least (15) full- time years of active City service at the time of service retirement (the 15 years does not have to be the result of contiguous employment however, the employee's last five years of employment immediately prior to retirement must be as an active, full-time employee of the City), or at least (10) full years of active City service at the time of disability retirement.
4) The monthly retiree benefit will be determined by the number of full years of City service multiplied by $25.00. The maximum benefit allowable will be calculated at 25 years of active City service. The retiree benefit for qualified disability retirement will be calculated in the same manner as for service retirements. Examples of calculations are as follows: 15 years of City service multiplied by $25.00 = $375 per month; 25 years of City service multiplied by $25.00 = $625 per month, which is the maximum benefit allowable. 5) The monthly amount payable will be reduced by any amount paid by the City on the retiree's behalf toward medical insurance or any amount required to be paid by the City for any local, state, or deferral government retirement or medical plan or law. 6) The retiree will begin receiving the monthly retiree benefit beginning the month following one full month of retirement. The retiree benefit will be paid throughout the retired employee's lifetime or until the employee qualified for Medicare under the federal Social Security Act. 7) The City will issue a warrant to the retired employee on a monthly basis for the amount of retiree benefit paid to the employee. These amounts will be considered taxable to the retiree.

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Retired employees may enroll in any health plan of their choice or may choose not to enroll in a health plan at their discretion.

B. Full- time employees hired after the date of a new MOU is adopted by the City Council:

All full- time employees hired after June 26, 2019 shall, commencing the month following one full month of retirement, receive the minimum employer health premium contribution as prescribed by Government Code section 22892 of the Public Employees' Medical and Hospital Care Act (PEMHCA). The retiree must be and remain enrolled in an eligible health benefit plan in order for the City to be obligated to pay the prescribed premium.

ARTICLE V – LEAVE BANKS

SECTION A FROZEN ANNUAL LEAVE BANK
Employees shall have the option of converting accrued Annual Leave to cash on an hour for hour basis subject to the following: To cash out Annual Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year, in order to receive cash for Annual Leave hours in the following calendar year. The accrued Annual Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in December.

In no event shall the total Annual Leave hours cashed out exceed eighty (80) hours per year.

The annual optional election to cash out up to eighty (80) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.

Annual Leave can be used upon approval by the Director/Chief based on the needs of the department.

Upon separation from the City, remaining annual leave hours will be paid out to the employee at the employee’s current base rate of pay.

SECTION B VACATION LEAVE ACCRUAL

1. Accrual and Cap: Employees shall accrue vacation leave and shall have a maximum vacation accrual cap in the amounts listed below. Vacation hours shall not be accrued in excess of the annual accrual cap based on years of service.

FULL-TIME YEARS

EMPLOYED (MONTHS)

ACCRUAL

PER PAY
PERIOD
ANNUAL

ACCRUAL

ACCRUAL CAP
0 – 5 yrs (0 – 60 months) 5.54 144 hours 372 hours
5 – 10 yrs (61 – 120 months) 7.85 204 hours 372 hours

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10-15 yrs (121 – 180 months) 8.31 216 hours 372hours
16 yrs (181 – 192 months) 8.77 228 hours 372 hours
17 yrs (193 – 204 months) 9.23 240 hours 372 hours
18 yrs (205 – 216 months) 9.69 252 hours 372 hours
19 yrs (217 months &
thereafter)

10.15 264 hours 372 hours

2. Cash Out of Vacation Leave: Employees shall have the option of converting accrued Vacation Leave to cash on an hour for hour basis subject to the following: To cash out Vacation Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year, in order to receive cash for Vacation Leave hours in the following calendar year. The accrued Vacation Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in December.

All employees with a minimum of eighty (80) hours of Vacation leave may elect to cash out up to forty (40) hours annually. The annual optional election to either cash out or to convert up to forty (40) hours of Vacation Leave to the City’s Deferred Compensation 457 plan shall be paid out at the employee’s current base rate.

Other Rules:
• Accrued vacation leave will be paid out at separation at the employee’s current base rate of pay.
• Vacation hours will be considered hours worked when computing overtime.

SECTION C SICK LEAVE ACCRUAL

1. Accrual and Cap: Employees covered under this MOU shall accrue sick leave and shall have a maximum sick leave accrual cap in the amounts listed below.

ACCRUAL PER PAY
PERIOD
ANNUAL

ACCRUAL

SOFT ACCRUAL CAP

5.54 144 2080

2. Sick leave may be utilized for:
• Personal illness or injury of the employee;
• Authorized emergency leave; Serious illness or injury of the employee's spouse, state registered domestic partner, or child, parents, siblings, grandparents, any of which that reside in the unit employee’s residence (in accordance with Labor Code §§ 233); • Where an employee which is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a);

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• Cases of quarantine;
• Where exposure to contagious diseases would endanger the health of other employees.

Other Rules:

Sick leave may be taken in increments of one-half (1/2) hour or more.

Sick leave may not be used for disapproved vacation leave.

For absences of over two (2) days, a medical certificate from a qualified physician may be required.

In order to receive compensation while absent on sick leave, except in an emergency or due to extenuating circumstances, the employee shall notify their immediate supervisor, at least one (1) hour prior to employee’s scheduled shift/start time. In an emergency, the employee shall report to their supervisor as soon as the situation reasonably allows.

Sick leave hours used per 14 day pay period cycle will not be counted as time worked toward the calculation of overtime. When Sick leave hours are used, overtime hours will be paid at the rate of 1.0 until the amount of sick leave hours (one for one) used has been met, at which time any additional hours in the 14 day period cycle will be paid at the rate of 1.5.

For Example: A member uses 12 hours of sick leave and works 14 hours of overtime in the 14 day pay period cycle. 12 hours will be paid at the rate of 1.0, and the additional 2 hours will be paid at the rate of 1.5.

Sick leave hours over the soft accrual cap of 2080 will be paid out as earned at the rate of ½ the current base rate of pay during the first (1st) pay period in January.

After sick leave has been exhausted, employee may use earned vacation leave

SICK LEAVE CASH OUT OPTIONS AT SEPARATION
Upon separation of employment, the City will contribute 100% of a unit employee’s unused Sick Leave balance to a 401(a) plan at the normal age of retirement and at the maximum contribution limit amount set by the IRS. Upon reaching the maximum amount set by the IRS in a calendar year the City will pay out the remaining balance to the employee at their current base rate of pay.

AND
Sick Leave Conversion to Service Credit:

In accordance with Government Code Section 20965, the City will commence the process to evaluate the cost to amending its retirement contract with CalPERS to include the Sick Leave Conversion Benefit. Upon amendment, employees would have the option to convert any Sick

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Leave hours not contributed to the 401 (a) plan to CalPERS service credit upon retirement from the City of Montebello.

SECTION D HOLIDAY BANK
Holiday Hour Bank Cash Out
156 (56-hour work week/
13 hours per holiday)
Automatic cash out second (2nd) pay period in
January of each calendar year
120 (40-hour work week members/
10 hours per holiday)
Holidays

1. NEW YEAR’S DAY-January 1st

2. MARTIN LUTHER KING, Jr. DAY- Third Monday in January

3. PRESIDENT’S DAY-Third Monday in February

4. MEMORIAL DAY- Last Monday in May

5. JUNETEENTH- June 19th

6. INDEPENDENCE DAY-July 4th

7. LABOR DAY-First Monday in September

8. COLUMBUS DAY/INDEGINOUS PEOPLE’S DAY- Second Monday in October

9. VETERAN’S DAY-November 11th

10. THANKSGIVING DAY-Fourth Thursday in November

11. DAY AFTER THANKSGIVING- Fourth Friday in November

12. CHRISTMAS DAY-December 25th
Annual Holiday Bank
In the pay period containing January 1st of each year, a holiday bank shall be established for each unit employee based on the employee’s work scheduled hours for each full holiday, which occur during the calendar year.

Employees entering the unit during the calendar year shall have a pro-rated holiday bank established that contains all designated holidays remaining in the calendar year following their effective date of hire or entry into the unit.

Employee’s whose regular schedule work-day occurs on an observed holiday may use their holiday hours at the discretion of the managing department, subject to department rules and guidelines.

Cash Out of Remaining Holiday Hours
• During the second (2nd) pay period in January of each calendar year, each unit employee shall receive a cash payment, for all remaining time in their holiday bank from the previous calendar year, at the base pay including all incentives.

There shall be no carryover of any unused holiday hours from one calendar year to another.

Observation of Holidays (4/10 workweek members)

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• Designated holidays falling on a Monday through Thursday shall be observed by the City on the actual date of the designated holiday.
• Designated holidays falling on a Friday, Saturday or Sunday those hours will be banked to each employee’s holiday bank for use upon request and approval or cashed out during the second (2nd) pay period in January, if unused.

Employees Separating from the City
• Employees who leave City employment shall be paid a pro-rata amount of unused holiday time. The separating employee shall be paid all unused holiday hours equivalent to the number of recognized City holidays that occur between January 1st and the date of the employee’s separation.
• Holiday hours will be considered hours worked when computing overtime. • In order to receive holiday pay an employee shall work or have approved leave time off on their last scheduled shift immediately preceding the holiday, and their first scheduled shift immediately after the holiday.

If the employee is off on their last scheduled shift immediately preceding the holiday, or their first scheduled shift immediately after the holiday, and it is an unapproved leave request, the member will not be eligible for holiday.

SECTION E COMPENSATORY TIME OFF (CTO) BANK
The maximum number of compensatory time off (CTO) hours that may be accumulated by employees is two hundred forty (240) hours.

Upon separation or retirement, unused CTO bank hours are paid out at the employees’ base rate of pay.

SECTION F ADMINISTRATIVE LEAVE
Employees will receive forty (40) hours of Administrative Leave Pay per calendar year, posted during the first pay period each January. New employees entering the unit after January will receive a prorated amount.

During the first pay period in January, upon posting of administrative leave hours for the new calendar year, any unused administrative leave hours remaining from the previous calendar year will be automatically paid off at the employees’ current rate of pay (base plus incentives).

Upon separation or retirement, unused administrative leave hours are paid out at the employees’ base rate of pay.

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ARTICLE VI – MISCELLANEOUS

SECTION A UNIT WORK SCHEDULES

1. Employees may be assigned to the following work schedules dependent on organizational need.
a. 48 On/96 Off Work Schedule
b. 4/10 Work Schedule

2. Work Schedule Changes
Work schedule changes shall require a minimum of fourteen (14) calendar days’ notice, except in the case of an emergency as determined by management.

SECTION B PROBATIONARY PERIOD
Unclassified employees will serve a twelve (12) month probationary period for the initial appointment to an unclassified classification represented by MFMA and a six (6) month probationary period for a promotional appointment to an unclassified position represented by MFMA. If a probationary employee is on leave for more than thirty (30) consecutive calendar days during the probationary period, the employee’s probationary period shall be extended by the duration of the employee’s leave. The probationary period may be extended up to six (6) months as determined by the Fire Chief.

An unclassified employee may be released from probation by the Fire Chief without cause and without right of appeal during the employee’s initial probationary period. An unclassified employee who is released while serving a probationary period after promotion shall be returned to his/her previous classification provided the employee had attained regular status in that classification.

The provisions in the City’s Municipal Code and Civil Service Rules and Regulations regarding probationary periods shall apply to classified employees.

SECTION C DISCIPLINARY APPEALS
Employees who wish to appeal disciplinary action shall have the right to appeal to the City of Montebello Civil Service Commission pursuant to the Montebello Municipal Code and the City of Montebello Civil Service Rules and Regulations, which are incorporated in this MOU by reference. Specifically, Montebello Municipal Code section 2.60.220(A) (Appeals), provides, in relevant part:
“An employee in the classified service assigned to the fire public safety bargaining unit shall have the right to appeal to the commission any disciplinary action, demotion or dismissal.”

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Additionally, City of Montebello Civil Service Rules and Regulations Rule XVI (Appeals) provides, in relevant part:
“Employees shall have the right of appeal to the Commission in matters relative to alleged violation of the Code or these Rules or disciplinary actions as specified in Section

2.60.220(A) of the Montebello Municipal Code.”
Disciplinary appeals to the City of Montebello Civil Service Commission provide for binding arbitration of administrative appeals and the arbitration panel (Civil Service Commission) shall serve as the hearing officer in accordance with CA Government Code section §3254.5(b).

SECTION D MANAGEMENT RIGHTS
Nothing in this agreement shall be construed to prohibit the City from exercising all management rights and prerogatives except those expressly waived in this agreement. The City has all rights to manage the City including the establishing of rules, directives and orders except those expressly waived by this agreement. It is recognized that, except as expressly provided in this agreement, the City shall retain whatever rights and authority are necessary for it to operate and direct affairs of the City in all of its various aspects, including but not limited to the right to direct the working forces; to plan, direct and control operations and services of the City; to determine the methods, means, organization and number of personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule working hours and to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, suspend, discipline, or discharge in compliance with Firefighters Bill of Rights (FBOR) and general employment law; to make and enforce.

SECTION E AVOIDANCE OF INEQUITIES
The City Manager shall possess the authority to promote equity and equality, directly and indirectly, to reduce instances of poverty. The authority of the City Manager shall encompass but is not limited to; adjustment of the distribution of unequal and/or unjust resources and opportunities among employees of City of Montebello, to treat people uniquely by public policy to compensate for different circumstances, to adjust pay increases wherein inequity is present, to boost social cohesion and reduce political conflict.

SECTION F SHARED AGREEMENT CLAUSE
Nothing in this Agreement shall limit the Parties' ability to mutually agree, in writing, to implement different terms than those provided in this Agreement.

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ARTICLE VII - EFFECTIVE DATE AND TERM OF AGREEMENT
This MOU shall be of no force and effect unless or until adopted by City Council. If adopted, the term of this MOU shall be for three (3) years from July 1, 2025 to June 30, 2028.

Daniel Montoya Date
Montebello Fire Management Association President
Raul Alvarez Date
City Manager

APPENDIX A
City of Montebello, California
Policy & Procedures Manual
Page | 15

2.060.590 Bilingual Pay
Purpose
The purpose of this policy is to provide compensation guidelines for City employees that provide bilingual services to the residents and customers of the City of Montebello. This policy applies to only full-time employees.

Policy
It is the policy of the City to identify employees in positions designated as bilingual by the Director of Human Resources, that require, as a condition of employment, the performance of verbal and written bilingual skills, shall be entitled to Bilingual pay.

A. The City has identified and approved through demographical data the need for providing bilingual services in the following languages: Spanish, Russian, Chinese, Armenian, Korean, or Sign Language.

B. The Human Resources Department has identified and approved positions and level of required fluency in the second language that meet the operational needs of the City and its citizens.

C. The Human Resources Department shall contract with a third-party vendor to provide a testing system for compensating employees based on City needs.

Procedure
A. Employees must submit in writing a request to test for Bilingual Pay.

B. Employee must pass a bilingual proficiency test, in addition to any other job-related test requirement for a position.

C. Testing:

1. Bilingual proficiency will be determined by standardized competency tests contracted through a third-party vendor by Human Resources.

2. The Human Resources Department will communicate with the Department when an employee has passed the competency test, the employee’s

APPENDIX A
City of Montebello, California
Policy & Procedures Manual
Page | 16
Department will submit a personnel action form for the incentive pay to begin on the 1st of the next month.

D. Compensation: Compensation shall be based on Bargaining Unit agreements:

Prior to May 2022:

Bargaining Unit Monthly Incentive
Montebello Firefighters’ Association $100
Montebello Fire Management Association $100
Montebello Police Officers’ Association $100
Montebello Police Management Association $100
Montebello Supervisors’ Association $80
Montebello Mid-Management Association $70
Montebello City Employees’ Association $80
Montebello Management Professionals’
Association
$80
SMART-TD $70
Un-represented full-time $80
Effective July 1, 2022:

The Bilingual incentive will be based on the following criteria, and compensation for successfully passing an assessment for each (one language only):
o Speaking - $50.00 per month
o Writing - $50.00 per month
o Reading - $50.00 per month

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A. Staff currently receiving the bilingual incentive do not have to test again, unless they want to upgrade to the new three-pronged criteria and earn the increased compensation as outlined above.

B. Bilingual incentive will be calculated into overtime compensation when applicable.

C. Bilingual incentive pay will be reported as Special Compensation to CalPERS as applicable.

D. Administration: The Human Resources Department is responsible for administering the Bilingual Pay Policy. The Human Resources Department responsibilities shall also include a periodic review and report on the number and location of positions designated as bilingual.
(Revised: 05/22/2024)

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2.060.565 Bereavement Leave
Purpose
The purpose of this policy is to provide guidelines for the use of leave associated with bereavement of an immediate family member.

Policy
It is the policy of the City to provide “Bereavement Leave” to full-time city employees to attend to the details of, and to grieve the death of an immediate family member.

A. “Immediate family member” shall mean the employee’s parent, sibling, mother-inlaw, father-in-law, spouse or registered domestic partner, child, grandparent, grandchild (including “Step” family members).

B. Full-time City employees shall be eligible to utilize up to 3 workdays/1-full fire safety personnel shift of bereavement leave annually, paid at the employee’s current base rate of pay plus incentives, which will not be charged against their accrued annual or sick leave.
a. California Assembly Bill 1949 (AB 1949) requires employers to allow up to five (5) days of bereavement leave upon the death of a covered family member. The employees may use their leave banks for the additional days. b. AB 1949 requires that the bereavement leave be completed within three (3) months of the date of death and specifies that the bereavement leave need not be taken consecutively.

C. In the event more than one request for use of bereavement leave per annuum is requested by a full-time employee, their request to utilize up to 3 workdays/1-full fire safety personnel shift shall be approved in accordance with AB 1949.

1. In this event, the affected employee may utilize available and accrued leave, including sick leave.

2. If the affected employee does not have sufficient accrued hours banked, they may be granted leave without pay.

D. Part-time employees shall be granted bereavement leave, following the same

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criteria established for full-time employees, in accordance with AB 1949.

Procedure
A. It shall be the responsibility of the affected employee to immediately notify their immediate supervisor of the need to utilize bereavement leave.

1. The immediate supervisor shall complete the necessary documentation to facilitate the use of bereavement leave.

2. The immediate supervisor shall ensure the appropriate authorities are notified of the leave notification.

B. Upon the return of the affected employee, any additional documentation and signatures shall be obtained.

C. In the event additional hours are requested, the affected employee shall make the request in writing providing the reasons for such a need.

1. Upon receiving the request for additional hours, the immediate supervisor shall forward the request to the appointing authority with their recommendation.

2. Use of accrued and available leave, including sick leave, may be utilized for any additional hours requested above the allotted bereavement leave.

Montebello Fire Management Association 48 hours/1 shift (Fire Battalion Chief & Deputy Fire Chief)
30 hours (Fire Marshal)
Montebello Firefighters’ Association 48 hours/1 shift
Montebello Police Management
Association
30 hours
Montebello Mid-Management Association 30 hours
Montebello Supervisors Association 30 hours
Montebello Police Officers’ Association 30 hours

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Montebello City Employees’ Association 30 hours
Montebello Management Professionals
Association
30 hours
SMART-TD 24 hours
Non-Represented Full Time 30 hours
(Revised: 04/27/22; 04/26/2023; 5/22/24)

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2.060.227 Longevity Pay
Purpose
The purpose for longevity pay is to recognize long-term service employees that work for the City of Montebello.

Policy
The City will pay the amount agreed to for longevity pay as adopted by City Council.

Procedure
Each department will keep track of their employees’ dates of service and eligibility for longevity pay. The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and each increase to the longevity pay tier based on the employees’ collective bargaining agreement.

MONTEBELLO POLICE MANAGEMENT ASSOCIATION
A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:
a. For full-time City of Montebello employees who are in either the MPMA unit or the MPOA unit as of July 1, 2019, all continuous service as an active, full-time City of Montebello law enforcement department member, whether sworn or unsworn, plus any verifiable prior lateral continuous service as an active, full-time sworn police, police supervisory, or police management unit member, shall count toward years of longevity. b. For MPMA unit members who join the MPMA unit on or after July 1, 2019, without prior continuous service as an active, full-time City of Montebello law enforcement department member, only verifiable prior lateral continuous service as a full- time sworn police, police supervisory, or police management unit member shall count toward years of longevity.

B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the fourth (4th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit

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member's fifth (5th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive two percent (2%) of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the sixth (6
th) year of continuous, aggregate active
LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's tenth (10th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive four percent (4%) of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the eleventh (11 th) year of continuous, aggregate
active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's fifteenth (15th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive seven percent (7%) of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the sixteenth (16th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's twentieth (20th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive ten percent (10%) of

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his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

F. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the twenty-first (21th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's twenty-fifth (25th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive thirteen percent (13%) of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

G. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the twenty-sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the MPMA unit member's remaining years of full-time City MPMA unit service, an MPMA unit member shall receive fifteen percent (15%) of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary.

Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

MPMA Longevity Chart
Completed Years of
Service
Longevity Percentage
3 years completed 2%
5 years completed 4%
10 years completed 7%
15 years completed 10%
20 years completed 13%
25 years completed 15%

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MONTEBELLO FIRE MANAGEMENT ASSOCIATION
Effective the first (1st) full pay period after MOU adoption, for full-time City of Montebello employees who are in the MFMA unit, all continuous service as an active, full-time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, fire captain, or fire battalion chief shall count toward years of longevity.

Effective the first (1st) full pay period after MOU adoption, Longevity pay shall consist of:

A. A (4%) base salary increase at the completion of five (5) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 10th year.

B. The (4%) base salary increase shall be increased to a (7%) base salary increase at the completion of ten (10) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 15th year.

C. The (7%) base salary increase shall be increased to a (10%) base salary increase at the completion of fifteen (15) years aggregate active service as a full- time City of Montebello Sworn personnel unit member which the unit member shall continue to receive through the completion of the unit member's 20th year.

D. The (10%) base salary increase shall be increased to a (13%) base salary increase at the completion of twenty (20) years aggregate active service as a full-time City of Montebello sworn personnel unit member which the unit member shall continue to receive through the completion of the unit member’s 25TH year.

E. The (13%) base salary shall be increased to a fifteen percent (15%) base salary increase at the completion of twenty-five (25) years aggregate active service as a fulltime sworn fire personnel as defined above, which the unit member shall continue through the unit member’s remaining years of full-time City sworn unit member service.

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Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

Longevity shall be paid on a biweekly basis and reported to CalPERS accordingly, under CalPERS guidelines.

MFMA Longevity Chart
Completed Years of
Service
Longevity Percentage
5 years completed 4%
10 years completed 7%
15 years completed 10%
20 years completed 13%
25 years completed 15%
MONTEBELLO FIREFIGHTERS’ ASSOCIATION
For longevity purposes only, the following shall count as LATERAL SWORN FIRE SERVICE:

For full-time City of Montebello employees who are in the MFA unit all continuous service as an active, full-time City of Montebello fire service sworn, plus an verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, or fire captain shall count toward years of longevity.

Each unit member with three (3) years aggregate service as a full-time sworn Fire Service unit member shall be eligible for longevity pay. Longevity pay shall consist of:

Effective the first (1st) full pay period after MOU adoption, Longevity pay shall consist of:
a. A two percent (2%) base salary increase at the completion of three (3) years aggregate active service as a full-time sworn fire personnel as defined above,

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which the unit member shall continue to receive through the completion of the unit member’s fifth (5th) year.
b. The two percent (2%) base salary shall be increased to a four percent (4%) base salary increase at the completion of five (5) years aggregate active service as a full-time sworn fire personnel as defined above, which the unit member shall continue to receive through the completion of the unit member’s tenth (10th) year. c. The four percent (4%) base salary shall be increased to a seven percent (7%) base salary increase at the completion of ten (10) years aggregate active service as a full-time sworn fire personnel as defined above, which the unit member shall continue to receive through the completion of the unit member’s fifteenth (15th) year.
d. The seven percent (7%) base salary shall be increased to a ten percent (10%) base salary increase at the completion of fifteen (15) years aggregate active service as a full-time sworn fire personnel as defined above, which the unit member shall continue to receive through the completion of the unit member’s twentieth (20th) year.
e. The ten percent (10%) base salary shall be increased to a thirteen percent (13%) base salary increase at the completion of twenty (20) years aggregate active service as a full-time sworn fire personnel as defined above, which the unit member shall continue to receive through the completion of the unit member’s twenty-fifth (25th) year.
f. The thirteen percent (13%) base salary shall be increased to a fifteen percent (15%) base salary increase at the completion of twenty-five (25) years aggregate active service as a full-time sworn fire personnel as defined above, which the unit member shall continue through the unit member’s remaining years of full-time City MFA unit service.

Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

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Longevity shall be paid on a biweekly basis and reported to CalPERS accordingly, under CalPERS guidelines.

MFA Longevity Chart
Completed Years of
Service
Longevity Percentage
3 years completed 2%
5 years completed 4%
10 years completed 7%
15 years completed 10%
20 years completed 13%
25 years completed 15%

MONTEBELLO MID-MANAGEMENT ASSOCIATION
A. Beginning the first pay period after MMMA ratification and City Council adoption of this MOU, each MMMA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:

After 10 years of full- time service 1. 5 % base salary increase After 15 years of full- time service 2. 5 % base salary increase After 20 years of full- time service 3. 5 % base salary increase After 25 years of full-time service 5. 0 % base salary increase B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.

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C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member' s 19th year.

D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member' s 24th year.

E. A five (5.0%) percent base salary increase at twenty-five (25) years of aggregate fulltime City service and the unit member shall continue to receive thereafter.

MONTEBELLO SUPERVISORS’ ASSOCIATION
A. Beginning the first pay period after MSA ratification and City Council adoption of this MOU, each MSA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:

After 10 years of full-time service 1.5% base salary increase After 15 years of full-time service 2.5% base salary increase After 20 years of full-time service 3.5% base salary increase After 25 years of full-time service 5.0% base salary increase B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member' s 14th year.

C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.

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D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 24th year.

E. A five (5.0%) percent base salary increase at twenty-five (25) years of aggregate fulltime City service and the unit member shall continue to receive thereafter. [Res. 19-46, 2019-2021 MOU]
MONTEBELLO POLICE OFFICERS’ ASSOCIATION
A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:
a. For full-time City of Montebello employees who are in the MPOA as of July 1, 2019, all continuous service as an active, full-time City of Montebello law enforcement department member, whether sworn or unsworn, plus any verifiable prior lateral continuous service as an active, full-time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.
b. For MPOA members who join the MPOA on or after July 1, 2019, without prior continuous service as an active, full-time City of Montebello law enforcement department member, only verifiable prior lateral continuous service as a full-time sworn police, police supervisory, or police management member shall count toward years of longevity.

B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the fourth (4th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the member's fifth (5th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA member shall receive two percent (2%) of his/her Base Salary as Longevity Pay (which shall not be reported to CalPERS as special pay in accordance with CalPERS regulations) in addition to the member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

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C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the sixth (6th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the member's tenth (10th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA member shall receive four percent (4%) of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the eleventh (11th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the member's fifteenth (15th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA member shall receive seven percent (7%) of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the sixteenth (16th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the member's twentieth (20th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA member shall receive ten percent (10%) of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

F. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the twenty-first (21st) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the member's twenty-fifth (25th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA member shall receive thirteen percent (13%) of his/her Base Salary

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as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e., service time cannot count twice for overlapping time periods).

G. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the twenty-sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the MPOA member's remaining years of full-time City MPOA service, an MPOA member shall receive fifteen percent (15%) of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the member's Base Salary.

MPOA Longevity Chart
Completed Years of
Service
Longevity Percentage
3 years completed 2%
5 years completed 4%
10 years completed 7%
15 years completed 10%
20 years completed 13%
25 years completed 15%

FULL-TIME NON-REPRESENTED EMPLOYEES
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION
A. Effective April 28, 2019, each non-represented full-time employee with ten (10) years of aggregate full-time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:

After 10 years of full- time service 1. 5 % base salary increase After 15 years of full- time service 2. 5 % base salary increase After 20 years of full- time service 3. 5 % base salary increase

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After 25 years of full-time service 5. 0 % base salary increase B. A one and half (1. 5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.

C. A two and a half (2. 5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member' s 19th year.

D. A three and a half (3. 5%) percent base salary increase at twenty (20) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member' s 24th year.

E. A five (5.0%) percent base salary increase at twenty-five (25) years of aggregate fulltime City service and the unit member shall continue to receive thereafter.

SMART-TD
Effective July 13, 2025, each SMART-TD full-time employee with SEVEN (7) years of aggregate full-time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative. Longevity amounts shall be paid in twenty-six (26) equal payments on the employees’ regularly scheduled pay dates and reported in compliance with CalPERS guidelines:

After completion of 7 years (84 months) of full- time service $1,500 After completion of 11 years (132 months) of full- time service $3,000 After completion of 15 years (180 months) of full- time service After completion of 19 years (228 months) of full-time service $4,700
$6,200

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MONTEBELLO EXECUTIVE MANAGEMENT ASSOCIATION
A. Effective the first (1st) full pay period after MOU adoption, for full-time City of Montebello employees who are in the MEMA unit, all continuous service as an active, full-time City of Montebello employee, plus any verifiable prior collective public service with another public agency as an active, full-time employee shall count toward years of longevity. 5-9 years of full- time service $730.38 monthly amount
10-14 years of full- time service $1,278.17 monthly amount 15-19 years of full-time service $1,825.96 monthly amount 20+ years of full-time service $2,373.75 monthly amount B. At the completion of five (5) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 9th year.

C. At ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.

D. At fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.

E. At twenty (20) years of aggregate full-time City service and the unit member shall continue to receive thereafter.
(Revised: 05/12/2021, 04/26/2023; 08/28/2024; 06/25/2025)

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2.060.517 Education Reimbursement Program
Purpose:

To define who and under what circumstances City employees may receive education reimbursement and to outline the procedure by which reimbursement may be obtained.

Policy:

A. Applications for education reimbursement must be from full-time, non-temporary, employees of the City. (Probationary employees will be considered eligible.) B. Course(s) selected must be of such a nature that it benefits the City and better enables the employee to carry out present duties and will prepare the employee for increased responsibilities and/or promotion. (An employee seeking a college degree will be eligible for reimbursement for those courses that qualify them for such degree.

However, the declared major must have reasonable relevance to the job.) C. Courses other than those qualifying for reimbursement under paragraph B may be approved for reimbursement under this policy with the prior approval of the Director of Human Resources and the City Administrator upon submission of justification by the Appointing Authority. However, costs associated with non-classroom thesis production courses are not subject to reimbursement.

D. Employees desiring reimbursement must attend such courses on their own time after work hours and must complete the course with a passing grade of at least "C" or equivalent.

E. Reimbursement will be made for tuition at rates specified in H below, books, fire certification, lab fees, and all other fees required to take a class or classes. Student body fees will be included; however, parking fees are excluded from reimbursement.

F. Should an employee separate from the City's service within one year after beginning any course reimbursed by the City, the cost of such course will be deducted from the employee's last paycheck. The Director of Human Resources shall be responsible for informing the Finance Department of any such amounts to be deducted.

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G. Approval will be limited to courses taken at accredited universities, state colleges and community colleges, approved correspondence courses, high school and adult education, technical and vocational schools.

H. Employees may attend any accredited or other institution approved by the City Manager or designee. However, education reimbursement rates are based on current California State University rates. A cap of $1,500 per fiscal year will be granted to each eligible employee, with the exception of members of the Montebello Police Officers’ Association and the Montebello Firefighters’ Association whose members have an annual maximum of $2,000, and members of the Montebello Executive Management Association whose members have an annual maximum of $3,000.

I. Employees scheduled by the City to take specialized courses or special seminars on work time will not be subject to the requirements of this policy.

Procedure:

A. In order for an employee to be eligible to receive reimbursement for tuition, fees and books, or fire certification by the State Fire Marshal, he/she must acquire prior approval of the course(s) from the Department Head, the Director of Human Resources and City Manager by submitting the Course Approval Form. This form shall be returned to the Department Head upon approval by the Director of Human Resources and the City Manager.

B. Upon receiving verification of enrollment and grade or certification, with receipts for tuition and books or for fire certification, the Department Head will submit the Educational Reimbursement Application to the Director of Human Resources with the approved Course Approval Form and a Request to Issue a Warrant made out to the employee receiving the reimbursement. Documentation must be submitted within two months of class completion.

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C. Upon timely receipt of these materials, the Director of Human Resources shall have the responsibility for processing the claim for reimbursement. (Prior Policy #V-B-25, 07/01/73; AUTHORITY: C/ADMIN)
(Revised: 07/28/21; 06/25/2025)

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2.060.504 Employee Compensation and Benefits
Purpose
Is to provide a description of the City’s employee compensation and benefits packages.

Policy
It is the policy of the City to recognize the significant role that its workforce plays in fulfilling its public service mission. The City recognizes that maintaining a competitive compensation system is critical to its goal of delivering public services to its citizens.

Therefore, the City strives to provide compensation for its employees to attract qualified applicants, retain employees who are equally committed to public service, and motivate employees to maintain the highest standards of performance.

A. With this goal in mind, the City shall compensate employees in accordance with decisions made by Council as budgets are set. Pay for positions are subject to the annual budgetary process and current employee organization MOU’s; and as such, may be subject to increase, reduction, or status quo maintenance for fixed time periods.

B. TOTAL COMPENSATION PHILOSOPHY: The City is committed to providing a range of public services to its citizens by fostering an environment that embraces respect for the worth of each employee and to pursue the same towards its total compensation package that includes salary and benefits. The City’s philosophy is consistent across units with practices that may differ to meet the unique needs of division, department, employee classifications and performance. The City’s total compensation package is guided by the following principles:

1. The City’s total compensation package shall be reviewed against appropriately defined labor markets.

2. The City’s total compensation package shall comply with all applicable state and federal laws.

3. Salaries are managed through a simple, clear program that is consistent with the City’s strategic and organizational objectives.

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C. The Council reserves the right to make budget adjustments, and consequently direct pay adjustments during the budget year in order to manage their fiscal responsibilities or deal with unforeseen circumstances that justify or require changes to City expenditures.

Procedure
A. Compensation (Salary) Schedules: All employee classifications shall receive a salary that is approved by City Council resolution each fiscal year.

B. Benefits: In coordination with employee organizations MOU’s, funding abilities, state and federal laws, and the City’s total compensation philosophy, the following benefits are afforded to the full-time employees of the City of Montebello:

C. HEALTH INSURANCE THROUGH PEMHCA
a. The City and the Association agree to contract for health benefits coverage through the Public Employees’ Retirement System under the Public Employees’ Medical Health Care Act (PEMHCA) Section 22751 et seq. of the Government Code. [MPOA 1985 MOU]
D. HEALTH INSURANCE CITY CONTRIBUTION
a. Effective January 1, 2025, the City will contribute the following amounts toward full-time employees’ medical, dental & vision insurance:

COVERAGE TOTAL CITY CONTRIBUTION
1 Party Full coverage
2 Party $1,200.00
3 Party $1,650.00
b. Part-time employees who have become eligible for CalPERS membership and have worked 1000 hours in a fiscal year:

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i. The contribution toward hourly EE's insurance who were eligible before 7/1/92 will be at the rate needed to fully pay 1 party coverage in the plan selected by the EE. For hourly EE who became eligible for insurance on or after 7/1/92 the City contribution toward the insurance package will be at the rate needed to pay 50% of one party coverage in the plan selected by the employee. [Res. 97-109] E. Medical Insurance Opt-out Incentive
a. An opt-out incentive is afforded to full-time and those hourly employees, who have benefits and were hired prior to 8/11/92, who decline the City's medical, dental and vision insurance package.
b. Proof of medical coverage elsewhere will be required annually to continue participation in the cash incentive program.
c. The monthly Medical Insurance Opt-Out incentive is $350.00 d. The monthly Medical Insurance Opt-Out incentive shall be computed when calculating overtime as applicable.
e. The monthly Medical Insurance Opt-Out incentive shall be reported as Special Compensation to CalPERS as applicable.
f. Employees who have an alternative source of health insurance must provide minimum essential health coverage pursuant to the U. S. Patient Protection and Affordable Care Act ( ACA), and cover both the employee and all individuals in the employee' s expected tax family, if any. During open enrollment or as otherwise required by the City, the employee must each year provide the City with an attestation or other reasonable documentation, subject to the City' s approval confirming such alternate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage.

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MONTEBELLO EXECUTIVE MANAGEMENT ASSOCIATION
A. HEALTH INSURANCE
City shall pay a portion of the cost of any health insurance plan selected by Employee, for the Employee and his/her family, from those plans made available to all City employees. The City contribution to the monthly premium for any medical insurance plan selected shall be capped at the same rate as the CalPERS Kaiser LA 3-party monthly premium.

B. HEALTH INSURANCE CASH OUT
Upon proof of coverage of insurance, the employee may opt out of City-provided insurance coverage. In such a case, the Executive Management employee shall receive the monthly cash equivalent of eighty percent (80%) of the CalPERS Kaiser LA 3-party monthly premium.

C. DENTAL AND VISION INSURANCE
The City shall pay the entire premium on behalf of the employee during the period of that employee’s employment. The insurance premium payable for the covered retired employee will be consistent with the general employee’s amount towards dental and vision insurance based on the plan, and paid out throughout the employee’s lifetime or until the employee qualifies for Medicare under the Federal Social Security Act. (Prior Policy #’s V-B-3 & V-B-4 (Combined parts), 03/21/95; AUTHORITY: M.O.) (Revised: 03/21/95; 05/12/21;8/15/22; 8/28/24; 06/25/2025)

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2.060.528 Education Incentive Pay
Purpose
The Education Incentive Pay program rewards employees who take the initiative to increase their job worth by gaining job-related knowledge, behaviors, and personal and professional skills to significantly enhance their value to their department and the City.

Policy
The City will pay the agreed upon amount for education as agreed upon by City Council resolution.

Procedure
The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and the monthly amount based on the employees’ collective bargaining agreement.

MONTEBELLO POLICE MANAGEMENT ASSOCIATION
The City agrees to provide education incentive pay as follows:

Degree or Certificate Compensation Effective Date
A.A. or Intermediate POST $425/month 1st full pay period after July 1, 2023 B.A./B.S. or Advanced POST $900/month 1
st full pay period after July 1, 2023
$1,000/month 1
st full pay period after July 1, 2024
$1,100/month 1
st full pay period after July 1, 2025
Master’s Degree $950/month 1st full pay period after July 1, 2023 $1,050/month 1
st full pay period after July 1, 2024
$1,150/month 1
st full pay period after July 1, 2025
The above education incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificates.

Instead, the total amount of educational incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.

The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory or management POST certificate as follows:

Certificate Compensation Effective Date
Supervisory Certificate $300/month 1
st full pay period after July 1, 2023
Management Certificate $450/month 1
st full pay period after July 1, 2023

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This supplemental educational incentive pay for possessing a supervisory and/or management POST certificate shall be in addition to any educational incentive pay earned for possessing one of the qualifying degrees or POST certificates as set forth above.

MONTEBELLO FIRE MANAGEMENT ASSOCIATION
Effective the first full pay period after July 1, 2025, the City agrees to provide an education incentive to unit members as follows and such incentives shall supersede and replace previous education incentives provided to unit members:

A. $ 250/month for Firefighter 1 Certificate or AA/AS or 60 units B. $ 400/month for Firefighter II Certificate
C. $850/month for Company Officer or BA/BS or 120 units D. $1,000/ month for Chief Officer or MA/MS
The aforementioned education incentives shall not be stackable or cumulative. The unit MFMA member is entitled to a maximum of one education incentive at a time.

MONTEBELLO POLICE OFFICERS’ ASSOCIATION
The City agrees to provide education incentive pay as follows for all current Montebello Police Officers’ Association (MPOA) employees as of August 31, 2024. All current Montebello Police Trainees who are attending a police academy as of August 31, 2024 will be eligible for the following education incentive pay upon their promotion to the classification of Police Officer:

Degree or Certificate Compensation Effective Date
Basic POST $150/month (upon
completion of probation)
1 st full pay period after July 1, 2024
A.A. or Intermediate POST $500/month 1st full pay period after July 1, 2024 B.A./B.S. or Advanced POST $1,200/month 1
st full pay period after July 1, 2024
Master’s Degree $1,400/month 1
st full pay period after July 1, 2024
Supervisory POST $300/month 1
st full pay period after July 1, 2024
The above educational incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificates. Instead, the total amount of education incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.

The City also agrees to establish a supplemental education incentive pay for those employees that possess a Supervisory POST certificate in the amount of $300/month. This supplemental education incentive pay for possessing a Supervisory POST certificate shall be in addition to any education incentive pay earned for possessing one of the qualifying degrees or certificates as set forth above.

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The City agrees to provide education incentive pay as follows for all Montebello Police Officers’ Association (MPOA) employees hired or entering the bargaining unit as of September 1, 2024, or later:

Degree or Certificate Compensation Effective Date
B.A./B.S. $200/month 1
st full pay period after
September 1, 2024
Master’s Degree $400/month 1st full pay period after
September 1, 2024
Intermediate POST $500/month
1 st full pay period after
September 1, 2024
Advanced POST $1,000/month
1 st full pay period after
September 1, 2024
Supervisory POST $300/month 1
st full pay period after
September 1, 2024
The above educational incentive pay will be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificates. The total amount of education incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the combination of the highest qualifying degree and certificate possessed.

The City also agrees to establish a supplemental education incentive pay for those employees that possess a Supervisory POST certificate in the amount of $300/month. This supplemental education incentive pay for possessing a Supervisory POST certificate shall be in addition to any education incentive pay earned for possessing one of the qualifying degrees and certificates as set forth above.

MONTEBELLO FIREFIGHTERS’ ASSOCIATION
Effective the first full pay period after July 1, 2025, the City agrees to provide an education incentive to unit members as follows and such incentives shall supersede and replace previous education incentives provided to unit members:

A. $250/month for Firefighter I Certificate
B. $450/month for Firefighter II Certificate or AA/AS or 60 units C. $950/month for Company Officer Certificate or BA/BS or 120 units The aforementioned education incentives shall not be stackable. The unit member is entitled to a maximum of one education incentive at a time.

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MONTEBELLO CITY EMPLOYEES’ ASSOCIATION

MONTEBELLO MID-MANAGEMENT ASSOCIATION
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION

SMART-TD

UNREPRESENTED FULL-TIME EMPLOYEES
Full-time employees in the MCEA, MMMA, MSA, MMPA, SMART-TD AND Unrepresented Fulltime employees will receive an education incentive based on the highest completed degree.

Degree incentive is not stackable.

Bachelor’s Degree $200.00 per month
Master’s or Doctoral Degree $400.00 per month
Education Incentive pay will commence on the 1st day of the next month after submitting proof of Education to their department. The unit member’s department will submit a personnel action form to Human Resources for the education incentive pay to be added to the member’s salary.

MONTEBELLO EXECUTIVE MANAGEMENT ASSOCIATION
Employees in the MEMA group will receive an education incentive based on the highest completed degree. Degree incentive is not stackable.

Bachelor’s Degree $200.00 per month
Master’s or Doctoral Degree $400.00 per month
Education Incentive pay will commence on the 1st day of the next month after submitting proof of Education to their department. The unit member’s department will submit a personnel action form to Human Resources for the education incentive pay to be added to the member’s salary.
(Revised: 08/08/2022; 04/26/2023; 05/22/2024; 08/28/2024; 06/18/2025)

ITEM # 14

CITY OF MONTEBELLO

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

BY: Cesar Roldan, Director of Public Works
SUBJECT: AUTHORIZATION TO APPROVE THE DELEGATED MAINTENANCE

AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF

TRANSPORTATION (CALTRANS)
DATE: June 25, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Determine that the execution of the Delegated Maintenance Agreement shall be categorically exempt under the California Environmental Quality Act (CEQA), Section 15308 of Title 14 of the California Code of Regulations; and

2. Approve the Delegated Maintenance Agreement (“Agreement”) between the City of Montebello and the State of California Department of Transportation (“Caltrans”) which identifies specific mission-critical maintenance services to be performed on and around the State right of way within the City’s jurisdictional limits; and \

3. Authorize the City Manager to execute the Agreement and related documents, including any amendments thereto, and to take any and all actions necessary to implement and administer the Agreement; and

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

FISCAL IMPACT:

There is no net cost to the City associated with this action as all contracted items associated with the agreement shall be reimbursed by Caltrans.

BACKGROUND/DISCUSSION:

The City’s boundary includes State Route 60 (Pomona Freeway), which parallels Via Campo from Gerhart Avenue to Vail Avenue. Caltrans owns and maintains the right-ofPage 331 of 1738 CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 25, 2025

way along the 60 Freeway. All maintenance, including litter and debris removal, landscape maintenance and graffiti removal is currently the responsibility of Caltrans.

Due to funding constraints and staff shortages, Caltrans has developed programs to partner with local jurisdictions to improve the level of service within Caltrans' Right-ofWay.

Local jurisdictions may self-perform or contract litter and debris removal within Caltrans' rights-of-way. Participation in this program allows for reimbursement—up to the contract amount—for all related cleanup activities. This initiative enhances the level of service for litter and debris removal, improves the quality of life for local residents, and does so without creating additional costs for participating jurisdictions.

City staff frequently receive reports from concerned residents regarding debris and litter within Caltrans' rights-of-way. In the past, these complaints were forwarded to Caltrans for response as their resources allowed. To improve response times and overall maintenance, Caltrans is now seeking to partner with the City to implement a routine debris and litter removal program. The Agreement (Attachment A) also covers services such as unsheltered encampment relocation, cleanup of abandoned encampments, and weed abatement. Under this Agreement, the City must adhere to strict requirements related to scheduling, billing, permitting, payments, and reporting. The Agreement may be terminated by either party with 30 days’ written notice.

Staff determine that the work to be performed under the attached agreement is categorically exempt under the California Environmental Quality Act (CEQA), Section 15308 of Title 14 of the California Code of Regulations.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends the City Council determine the Delegated Maintenance Agreement (Attachment A) is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of Title 14 of the California Code of Regulations. Staff further recommend that City Council approve the Agreement between the City of Montebello and the California Department of Transportation (Caltrans), which outlines essential maintenance responsibilities within the State right-of-way located in the City’s jurisdiction. Staff also recommends authorizing the City Manager authority to execute the Agreement and any related documents, including future amendments, and to take all necessary actions to implement and manage the terms of the Agreement.

ATTACHMENT(S)

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 25, 2025

1. Attachment A - Encampment Delegated Maintenance Agreement

2. Attachment B - Maintenace Policy Directive

ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT

WITH THE CITY OF MONTEBELLO
This ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”) and the City of Montebello (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”

RECITALS

1. This AGREEMENT will identify specific maintenance functions the LOCAL AGENCY will perform in the STATE right of way, including highway and freeway areas situated within STATE’s jurisdictional limits as authorized under Streets and Highways Code Section 114 and 116.

2. The PARTIES executed a prior Delegated Maintenance Agreement dated 06/25/2025. This AGREEMENT does not supersede the said Delegated Maintenance Agreement which will remain in full force and effect. This AGREEMENT does not supersede any Freeway Agreements or Maintenance Agreements executed by the PARTIES.

OPERATIVE PROVISIONS

1. Maintenance Services. LOCAL AGENCY shall perform maintenance operations as set forth in this AGREEMENT, at the State Route(s) identified in Exhibit A. Maintenance operations include the removal of: encampments, litter, debris, weeds and graffiti.

2. Prior Delegated Maintenance Agreements. This AGREEMENT does not supersede the PARTIES’ prior Delegated Maintenance Agreement(s), Freeway Agreements or Maintenance Agreements executed by the PARTIES. The previous agreements shall remain in full force and effect.

3. Maintenance Standards. LOCAL AGENCY shall perform all “maintenance” as defined in Streets and Highways Code Section 27 and in compliance with the standards set forth in STATE policies, procedures and specifications in effect and as amended. LOCAL AGENCY shall also follow applicable municipal ordinances as long as it is not in conflict with STATE laws, policies, procedures and specifications.

4. Maintenance Areas and Services. LOCAL AGENCY shall only perform maintenance services in the STATE right of way locations described in Exhibit A, hereinafter referred as LOCATIONS.

Attachment A

5. REVISING EXHIBITS. PARTIES can revise this AGREEMENT by mutually amending, replacing, or providing additional pages to the Exhibits. Any such change must be signed by authorized representatives of PARTIES, and no formal amendment to the body of this AGREEMENT will be necessary.

The revised Exhibit will thereafter supersede the previous Exhibit and become part of this AGREEMENT.

6. AMENDMENT TO AGREEMENT. Except as provided in the preceding sections concerning Exhibit amendments, the terms of this AGREEMENT may only be amended by a formal written amendment executed by both PARTIES.

7. Unsheltered Encampment Removal.

A. Definitions:

1. MPD 1001 R1 (Exhibit D) - Maintenance Policy Directive issued by the State, establishes the agency's official policy for the removal of encampments from state highway rights-of-way.

Please refer to MPD 1001 R1

2. PEH- Persons Experiencing Homelessness

3. Priority Level 1 (Critical Priority for Expeditious Removal) Encampments that pose an imminent threat to life, health, safety, or infrastructure require immediate removal without prior notice.

Examples of Imminent Threats:
• Encampment close to traffic, with PEHs at immediate risk of being struck by vehicles.
• PEHs living in confined spaces, such as bridge cells. • Encampment near an unstable structure at risk of
collapse. Please refer to MPD 1001 R1.

4. Priority Level 2 (Removal Needed)
Encampments that do not pose an immediate threat. Please refer to MPD 1001 R1.

B. Factual determination of whether an encampment is Priority Level 1 will need prior confirmation by the STATE Encampment Specialist Maintenance Superintendent.

C. Immediately upon discovery and receiving confirmation as provided in the preceding clause, by the STATE Encampment Specialist Maintenance Superintendent, LOCAL AGENCY shall

remove Level 1 encampments and shall inform by phone and email of such removal, the STATE’s Encampment Specialist Maintenance Superintendent. Removal of Level 1
encampments shall be pursuant to MPD 1001 R1.

D. LOCAL AGENCY, shall remove Level 2 encampments and in doing so shall adhere to STATE standards for working with PEH at the LOCATIONS, as detailed in MPD 1001 R1 and applicable State and Federal law.

D. When possible, allow two weeks to perform outreach services for priority Level 2 encampments. LOCAL AGENCY shall submit an Encampment Removal Request Form to the STATE’s
Encampment Specialist Maintenance Superintendent and
include all requested information including timestamped photos (LOCAL AGENCY shall not move forward until the Removal
Request has been approved and signed by appropriate STATE personnel. Within one week of the completion date of a
removal, the LOCAL AGENCY shall complete and submit to the STATE’s Encampment Specialist Maintenance Superintendent, all information required in the After-Action Report, including after photos. LOCAL AGENCY may use alternative forms or reporting templates so long as all required information is included.

E. Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the LOCATIONS.

8. Weed Abatement. LOCAL AGENCY shall engage in weed abatement operations. LOCAL AGENCY shall control weeds at a level acceptable to STATE. Any weed control performed by chemical weed sprays (herbicide) shall comply with all laws, rules, and regulations established by California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA17) to STATE’s landscape Specialist, Maintenance Support, identified in Exhibit C.

9. Graffiti Removal. LOCAL AGENCY shall remove all graffiti from LOCATIONS.

LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.06.

10. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District Area Maintenance Superintendent, as shown in Exhibit C, no less than 7 days telephone or email notice before performing any maintenance services under this AGREEMENT. Their email and phone number are listed on Exhibit C. LOCAL AGENCY shall provide the District Maintenance Agreement Coordinator (DMAC) and District Area Maintenance Superintendent identified in Exhibit C of this AGREEMENT with an encampment, litter, and graffiti removal schedule. Maintenance services shall be provided on an as needed basis. Prior written approval must be received from the STATE’s District Encampment Specialist through the DMAC. Additionally, LOCAL AGENCY shall either create a contract with CHP for MAZEEP or arrange for use of other local law enforcement as appropriate and authorized by CHP prior to performing any work.

Maintenance services shall be performed between the hours of 7:00 a.m. and 3:00 p.m. or as otherwise authorized by the State Representative, if necessary. LOCAL AGENCY must request through the DMAC prior written approval from STATE’s District Maintenance Supervisor to perform any maintenance services before 7:00 a.m. or after 3:00 p.m. and/or weekends and holidays.

11. Authorized Reimbursement. The functions, frequency and levels of maintenance services delegated to LOCAL AGENCY under this AGREEMENT and amounts appropriated to STATE for this AGREEMENT, have been considered in setting the total reimbursement amounts due to the LOCAL AGENCY under this AGREEMENT. STATE shall reimburse LOCAL AGENCY up to the amount shown in Exhibit A-1. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.

12. Billing, Payment and Reporting.

12.1 Billing Date. LOCAL AGENCY shall promptly submit billing invoices in arrears to the STATE, for each past quarter including the period prior to the close of STATE’s fiscal year on each June 30th.

12. 2 Billing Submission Format. Each billing invoice shall include all of the following:
a. STATE’s AGREEMENT number;
b. Date(s) of services;
c. Location of services;
d. Number of hours and hourly rates;
e. Receipts for trash disposal; and

f. Receipts for equipment, materials, and supplies;
g. Before and after photos.

STATE shall pay LOCAL AGENCY for the actual cost of encampment removal which is satisfactorily performed but shall not exceed the amounts shown in Exhibit A-1.

13. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.

14. Encroachment Permits. Before LOCAL AGENCY or its contractor may enter STATE right of way to perform any maintenance services in the areas covered by this AGREEMENT, the LOCAL AGENCY or its contractor must apply and the STATE’s District Encroachment Permit Office must issue an annual encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT. STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY.

15. Legal Disposal of Litter Collected.

LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.

16. Storage of Personal Items.

LOCAL AGENCY shall meet the storage requirements of not less than 60 days for any personal property that is collected as set forth in MPD 1001 R-1. LOCAL AGENCY shall follow MPD 1001 R-1 with regard to the items that are to be collected and stored. To the extent LOCAL AGENCY deviates from these requirements, LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of any deviation from MPD 1001 R-1 as set forth in the indemnification paragraph below.

17. Hazardous Waste and Hazardous Materials.

LOCAL AGENCY shall be fully and solely responsible for the proper identification, handling, removal and disposal of all hazardous waste and hazardous material during the performance of maintenance services pursuant to this AGREEMENT.

18. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines.

LOCAL AGENCY shall make arrangements through the STATE if traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services. STATE’s maintenance Supervisor or designee shall determine what protections are required at the worksite pursuant to applicable provisions of the STATE’s (Caltrans) Maintenance Manual, including but not limited to Volume 1, Chapter 8, Protection of Workers.

19. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibit A-1.

20. Legal Relations and Responsibilities.

20.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.

20.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL

AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.

Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, subcontractors, and/ or its agents pursuant to this Agreement.

20.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims.

LOCAL AGENCY shall notify the STATE’s Area Maintenance
Superintendent within twenty-four (24) hours when any such incident has occurred.

21. Prevailing Wages and Labor Compliance. If the work performed under this AGREEMENT falls within the requirement of Prevailing wages as per Labor Code Section 1720 through 1815 LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.

LOCAL AGENCY agrees to include prevailing wage requirements in its contracts for public works. Work performed by LOCAL AGENCY’s own forces is exempt from the Labor Code’s prevailing wage.

22. Insurance1.

LOCAL AGENCY and its contractors shall maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess, as may be amended as the minimum liability 1 Delete if self-insured

coverage limits codified in the State’s Standard Specifications. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE’s execution of this AGREEMENT.

Self-Insured2. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess by delivering a Letter certifying Self-Insurance. The Letter of Self-Insurance must be substantially in the form of Exhibit B and identify the AGREEMENT number, and location as depicted in Exhibit A. LOCAL AGENCY shall provide the original Letter certifying SelfInsurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit B.

Self-Insured3 using Contractor3. If the work performed under this AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.

23. Budget Contingency. STATE’s payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act and the encumbrance of funding to STATE’s District Office.

24. Termination. Either PARTY may terminate this AGREEMENT upon 30 days’ prior written notice to the other PARTY.

25. Effective Date (Term) of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT and shall expire three (3) years from the date of execution or on [Date of Expiration]. 2 Delete if not self-insured 3 Delete if not self-insured

26. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized under the law to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.

27. Default. If LOCAL AGENCY fails to perform obligations assumed under this agreement, the STATE may, by written notice, request that the default be remedied within thirty (30) calendar days. If LOCAL AGENCY fails or refuses to do so, the STATE may seek legal remedies including specific performance, complete the obligations and refuse to pay LOCAL AGENCY’s future invoices until STATE’s expenses are redeemed.

28. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

29. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

30. Party Representatives and Notices. All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses listed on Exhibit C.

31. List of Exhibits.

Exhibit A – Locations
Exhibit A-1 – Funding
Exhibit B – Proof of Insurance
Exhibit C- PARTY Representatives and Contacts
Exhibit D - Maintenance Policy Directive (MPD) 1001 R1

EXHIBIT A

THE CITY OF

MONTEBELLO

COUNTY OF LOS

ANGELES

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Dated: Dated:

Mayor Deputy District Director
Maintenance District
APPROVED:

Dated:

City Manager
Dated:

LOCATIONS
Route
No.

Description of Routing within STATE Right of Way
60 Gerhart Avenue to Vail Avenue

Exhibit A-1
Funding
Total maximum authorized expenditure: $ 100,000
Total maximum authorized expenditure per quarter: $25,000 unless approved in writing by Caltrans.

EXHIBIT B
Proof of Insurance
LETTER CERTIFYING CITY’S/COUNTY’S SELF-INSURED STATUS
On Local Agency letterhead
Insert (CT District) addressee information ________________, 20___ ATTN: (name of CT representative)
Re: Statement of Self-Insurance for CITY of Montebello for Delegated Maintenance Agreement No.__________with California Department of Transportation for the ____________along SR 60 at________________ Dear ______________________:

This letter certifies that the CITY of Montebello, County of Los Angeles is selfinsured and self-funded covering third-party claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury and property damage liability, meets the required coverage amounts in section ____ (Insurance) of the Delegated Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess.

If you need any additional information regarding this letter, please direct those inquiries through my office.

Sincerely,

Finance Manager/Risk Manager/Authorized Representative’s Title

EXHIBIT C
Party Representatives and Notices.

LOCAL AGENCY’s Project Manager: ______________________
STATE’s District Maintenance Agreement Coordinator (DMAC) is:
___________________________
Email Address: ____________________
Other Contacts for LOCAL AGENCY
STATE’s Encampment Specialist Maintenance Superintendent Name:___________
Telephone Number:

Email Address: _______
State’s Area Maintenance
Superintendent:________________________________________________ Telephone Number:

Email Address: ________________________________________ State’s Landscape Specialist, Maintenance Support. ___________________ Telephone Number:

Email Address: ___________________
Caltrans District Office;.

All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows:

Exhibit D
Maintenance Policy Directive (MPD) 1001 R1
Please see attached
👉👉Caltrans Maintenance Policy Directive MPD 1001-R1 (PDF)

STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)

MAINTENANCE POLICY DIRECTIVE
NUMBER
MPD 1001-Rl
PAGE
1 OF 7 -- --

DATE ISSUED
10/10/2022

EFFECTIVE DATE
10/10/2022

SERGIO ACEVES
Chief, Division of Maintenance

SIGNATURE
srA~

DISTRIBUTION
[8J All District Directors
[8J All Deputy District Directors - Maintenance
[8J All Deputy District Directors - Traffic Ops.
[8J All Deputy District Directors - Construction
[8J All Deputy District Directors - Design
[8J All Deputy District Directors - Trans. Planning
[8J Chief, Division of Engineering Services
[8J Chief Counsel, Legal Division
D Publications (California Supplement Website)
[8J All Division of Maintenance Office Chiefs
[8J All SM&I Office Chiefs
[8J Headquarters Division Chiefs for:

SUBJECT
Division of Maintenance - Encampment Removal Policy
DOES THIS DIRECTIVE AFFECT OR [8J YES O NO
SUPERSEDE ANOTHER DOCUMENT?

IF YES, DESCRIBE
Volume l, Chapter l, section 1.07.3
MPD 1001, issued August 16, 2010
MPD2002-R9
WILL THIS DIRECTIVE BE INCORPORATED [8J YES O NO IN THE MAINTENANCE MANUAL?

IF YES, DESCRIBE
Volume 1, Chapter 1, section 1.07.3
This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations.

To whatever extent the Maintenance Manual or other guidance is in conflict, this policy takes precedence.

DIRECTIVE
The California Department ofTransportation (Caltrans) does not permit encampments on its Right-of-Way.

Cal trans' goal is to maintain the integrity ofthe transportation network. Encampments degrade highway infrastructure and impact the maintenance and operation ofthe highway facilities. Removal of encampments mitigates health, safety, access, and concealment issues for Persons Experiencing Homelessness (PEHs ), the traveling public, adjacent neighborhoods, Caltrans staff and first responders. For these reasons, Caltrans' Rightof -Way is not suitable for encampments. This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations. To whatever extent the Maintenance Manual or other guidance is in conflict, this policy takes precedence.

ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Mi Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

Attachment B

STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
A. Site Assessment - When feasible, a site assessment should be performed by Maintenance staff and include:

1. Prioritization of each encampment as either a Priority Level 1 ( Critical Priority for Expeditious / Urgent Removal) or a Priority Level 2 (Removal Needed). a. Priority Level 1 (Critical Priority for Expeditious/ Urgent Removal) - Critical circumstances exist when an encampment poses an imminent threat to life, health, safety, or infrastructure and must be immediately addressed. This is limited to exigent circumstances. Non-exclusive examples include: the encampment is on or near an unstable structure at risk of collapse; the encampment is close to traffic and the PEH in the encampment are at immediate risk of getting hit by vehicles; PEH are living within a confined space, such as a bridge cell.
b. Priority Level 2 (Removal Needed) - All other encampments.

B. Site Assessment Action Items and Considerations

1. When appropriate, the California Highway Patrol (CHP) should be contacted in advance to assist in initial site assessment.

2. The District Encampment Coordinator or staff should contact service providers and request outreach services for PEH at the encampment.

3. District Hazmat Coordinator or other hazmat-trained staff should evaluate the site for any hazards unique to the encampment that will require specialized hazardous materials handling, disposal, or site remediation.

4. If appropriate, the District Landscape Architect or designee should evaluate potential mitigation efforts related to landscaping to prevent future encampments.

C. Notice

1. Priority Level 1
a. No advance posted Notice to Vacate is required.
b. CHP should be present during operations.
c. If circumstances reasonably allow for advance notice, then give as much advance notice as is reasonable under the circumstances, to be determined on a case-by-case basis. d. If advance written notice is not given and ifproperty was collected during the removal, an after encampment "removal advisory" shall be posted in a prominent location near where the encampment was removed providing information describing where items were removed from, a contact phone number for reclaiming collected property, including the date by which property must be reclaimed.
e. Time-stamped photographs or videos should be taken ofthe "removal advisory."

2. Priority Level 2

STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
a. Post Notice to Vacate at least 48 hours before beginning encampment removal. b. CHP shall be present during the posting ofNotice to Vacate. c. Location of Posted Notice to Vacate - Written Notice to Vacate should be posted at each major point ofingress/egress in a conspicuous manner.
d. If prevented from posting the Notice to Vacate because of hostility, interference, or any other action from persons on site, posting should not be attempted until CHP mitigates the situation.
e. Time-stamped photographs or videos should be taken ofthe posted Notices to Vacate.

3. Paper Notices to Vacate should be enclosed in sheet protectors to protect against weather.

4. Paper Notices to Vacate shall be filled out completely and include:
a. Posting date and time.
b. Location.
c. "Vacate by" date and time.
d. Telephone number for assistance in obtaining property collected during a removal. e. Date by which property must be collected from Caltrans before it is discarded. f. Removal start and end dates.

D. Removal Operations

1. Before work at encampment site, CHP shall be present. Do not begin removal operations when PEH are in the immediate vicinity. Any PEH who remain on site when Cal trans or its contractors arrive to begin the removal shall be given a reasonable amount oftime to remove possessions before any removal begins.

2. Where advance written notice is given, removal work shall begin on the date written on the Notice to Vacate and shall begin no earlier than the time written on the Notice to Vacate. If removal work does not begin on the date written on the Notice to Vacate, the location must be reposted before removal operations may begin. Ifprevented from removal work because of hostility, interference, or any other action from persons on site, removal work should not be attempted until CHP mitigates the situation. No further posting is necessary once Caltrans workforce and/or contractors arrive for removal operations and will continue from day to day until completed.

3. Time-stamped photographs or videos should be taken before, during, and after removal work has been completed.

4. Hazardous Materials trained personnel should evaluate the site to identify and plan for removal of any hazardous materials.

5. When possible, equipment should be used to gather, pile, and load encampment debris to reduce exposure and contamination.

6. Any personal property that is collected should be stored in a secured location by Caltrans for not less than 60 days, then discarded ifnot claimed.

7. Collected personal property should be time-stamped photographed and shall be inventoried by

STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
describing and labeling the items and identifying the encampment location and the removal date.

E. Items To Be Collected (Bagged and Tagged) and Stored

1. Personal property that is not a health or safety hazard, in plain sight, shall be collected, labelled, and stored. Caltrans employees and contractors shall collect the following items:
a. Items of apparent value - defined as items having an apparent value of $50 or more. b. Items of apparent personal value including but not limited to:
i. Eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment.

11. Tents (habitable and uncontaminated).
iii. Personal papers such as photographs, albums, ID's, bank statements, legal papers, etc.
iv. Bicycles, scooters, strollers in good repair.
v. Backpacks and containers that appear to be in good condition and have been determined by a Cal trans hazmat contractor to be free of materials described in Section F(l)(a)-(f) below. [Caltrans's current policy is not to collect backpacks and closed containers due to potential safety issues].

2. Due to the exigent circumstances surrounding Priority Level 1 removals, it may not be possible to collect, label and store items.

F. Items That Will Not Be Collected

1. Items that present an immediate health or safety risk, such as:
a. Toxic sharps: needles, scissors, knives.
b. Chemicals: bleach, paint, oils, etc.
c. Items (including bedding and clothing) soiled by infectious materials: human waste, bodily fluids.
d. Moldy, mildewed items.
e. Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs. f. Items that pose a risk offire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids. g. Backpacks and closed containers that have been determined by a Caltrans hazmat contractor to contain items listed in (a)-(f) above or items (3), ( 4), (5), or (6) below. Such backpacks and closed containers may be discarded where no hazmat contractor is present to make a determination.
h. Ifpersonal belongings are co-mingled or littered with needles, human waste, or other health risks, employees/contractor may dispose ofthe entire pile of belongings and are not required to sort through and attempt to remove the health or safety risks. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.

STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)

2. Mattresses: furniture with fabric, padding, or is porous; sheds, structures, rolling structures, and bulky items. Sheds, structures, or rolling structures may be demolished ifnot removed by PEH prior to the encampment removal. A "bulky item" is any single item that is over 50 pounds and requires more than two persons to safely lift.

3. Perishable items, perishable food.

4. Controlled substances, drugs with or without prescription and medications of any kind. [Should be handled by hazmat trained personnel and/or by CHP.]

5. Contraband, weapons and illegal items. [Should be addressed as provided in the Maintenance Manual and/or as directed by CHP.]

6. Trash, garbage, and/or debris. This includes property that appears to have been discarded by its owner and broken appliances or broken furniture which constitutes abandoned property or trash. a. If employees/contractors have a reasonable doubt as to whether an item constitutes trash, it should be collected and stored. Employees/contractors should exercise their best judgment in determining which items should be collected and stored.

7. Motor vehicles should be handled as provided in the Vehicle Code.

G. Reclaiming Collected Personal Property

1. Persons attempting to retrieve property collected during a removal operation shall give the location ofthe encampment where the property was collected, describe where and when the personal property was last in their possession, and provide a description ofthe item(s). The person retrieving property shall sign and date a document acknowledging receipt ofthe property. Ifrequested, a receipt should be given to the person retrieving property.

H. Record Keeping

1. An After-Action Report should be submitted to the Headquarters office handling encampments ( currently the Office ofHomelessness & Encampments, aka OH&E) within one week of a completed encampment removal.

2. A file should be created for each encampment removal and retained for 4 years, and should contain:
a. Photographs and/or videos taken in connection with the removal effort. b. Writings reflecting assessments, evaluations, summaries, receipts and notices connected with the encampment removal, items collected, and items retrieved, if any. c. Name(s) ofthe contractor(s) involved in the removal. d. Name(s) ofthe social service providers.
e. MAZEEP Daily Report forms and, ifnot reflected on the form, names and badge number(s) ofCHP or other law enforcement involved in the encampment removal. f. Completed Encampment Removal Request Forms.
g. Collected Personal Property Forms and receipts.

STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
Attachment(s):

7 STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
PAGE 7 OF

DEFINITIONS
When used in this Maintenance Policy Directive, the text shall be defined as follows:
1) Standard - a statement of required, mandatory, or specifically prohibited practice. All standards text appears in bold type. The verb shall is typically used. Standards are sometimes modified by Options. 2) Guidance - a statement of recommended, but not mandatory, practice in typical situations, with deviations allowed if engineering judgement or engineering study indicates the deviation to be appropriate. All Guidance statements text appears in underlined type. The verb should is typically used. Guidance statement are sometimes modified by Options.
3) Option - a statement of practice that is a permissive condition and carries no requirement or recommendation.

Options may contain allowable modifications to a Standard or Guidance. All Option statements text appears in normal type. The verb may is typically used.
4) Support - an informational statement that does not convey any degree of mandate, recommendation, authorization, prohibition, or enforceable condition. Support statements text appears in normal type. The verbs shall, should and may are not used in Support statements.

ITEM # 15

CITY OF MONTEBELLO

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

BY: Cesar Roldan, Director of Public Works
SUBJECT: ADOPT CONSTRUCTION SPECIFICATIONS FOR THE BLUFF ROAD FENCE REPLACEMENT PROJECT (CP 884) AND APPROPRIATE

FUNDING FROM THE STATE OF CALIFORNIA DEPARTMENT OF

PARKS & RECREATION
DATE: June 25, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

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

2. Adopt the 100% completed construction specifications for the Bluff Road Fence Replacement Project (CP 884); and

3. Accept and appropriate the State of California Department of Parks & Recreation funding in the amount of $935,000 for the Rio Hondo Coastal Improvements project (SG-19-087); and

4. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $935,000 in Account No. 254-30-300-6040.10 (Rio Hondo Improve-State Parks, Public Works, Other Contract Services [expenditures]) and $935,000 in Account No. 254- 99-4198.27 (Rio Hondo Improve-State Parks, Misc Grants - Rio Hondo ImproveState Parks [revenue]); and,

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

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

FISCAL IMPACT:

State Senator Bob Archuleta’s office approached the City with funding opportunities for the construction of a fence along Bluff Road. At the City Council meeting of November

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 25, 2025

10, 2021, the City Council adopted Resolution No. 21-89 approving the application for specified grant funds in the amount of $935,000 from the State for the Rio Hondo Coastal Spreading Grounds Fence Replacement Project. The City executed Contract No.

C5054045 with the State on February 7, 2022, and executed Amendment No. 1 on April 19, 2023, which extended the project completion date from June 30, 2024, to June 30, 2028.

On May 19, 2025, the City of Montebello received this funding from the State Department of Parks and Recreation, in the amount of $935,000 for the Rio Hondo Coastal Improvements project (SG-19-087). Now that the City has been provided with this funding, a budget amendment is needed to accept and appropriate this funding. The recommended action will amend the Fiscal Year 2024-25 budget by increasing appropriations by $935,000 in Account No. 254-30-300-6040.10 (Rio Hondo ImproveState Parks, Public Works, Other Contract Services [expenditures]) and $935,000 in Account No. 254-99-4198.27 (Rio Hondo Improve-State Parks, Misc Grants - Rio Hondo Improve-State Parks [revenue]). These funds will be utilized for the construction phase of the project.

Approval of the construction specifications allows staff to proceed with the solicitation of bids from properly licensed State of California contractors. As soon as staff receive and evaluate the formal bids, a recommendation will be made at a future City Council meeting and will include a well-defined structured budget.

BACKGROUND/DISCUSSION:

Staff identified the replacement of chain link fencing along the Rio Hondo Coastal Spreading Grounds on Bluff Road between Sycamore Street and Mines Avenue. Several reasons for the replacement of the fence were that the fence was dilapidated and was not serving its intended purpose of securing the public right of way. The project proposes the replacement of the existing fence with a wrought iron fence that will result in aesthetic and safety improvements in the community.

State Senator Bob Archuleta’s office approached the City with funding opportunities for the construction of the fence project. At the City Council meeting of November 10, 2021, the City Council adopted Resolution No. 21-89 approving the application for specified grant funds in the amount of $935,000 from the State for the Rio Hondo Coastal Spreading Grounds Fence Replacement Project. City executed Contract No. C5054045 with the State on February 7, 2022, and executed Amendment No. 1 on April 19, 2023, which extended the project completion date from June 30, 2024, to June 30, 2028.

The final construction specifications (Attachment A) are completed in accordance with applicable engineering standard specifications and are consistent with the City’s procurement and purchasing manual. The City Council is required to approve and adopt construction documents and authorize the bid request for all public projects. The bid advertisement phase is consistent with Public Contract Code sections 20161 and 20162, which mandate California public works projects to be competitively bid. This action is also consistent with Montebello Municipal Code 3.20.110 - Bidding procedure prescribed.

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 25, 2025

With City Council's approval, staff will advertise the project for bid in a local newspaper of general circulation and submit the Notice Inviting Bid (NIB) to PlanetBids for posting.

The following tentative schedule has been identified for the bid process:

Bid Period June 26, 2025 – July 23, 2025
Questions/RFIs due by July 10, 2025 at 12:00 pm
Responses to RFIs due by July 14, 2025 at 5:00 pm
Bid Opening July 23, 2025 at 11:00 am
Award of Contract (Tentative) August 13, 2025 City Council Meeting Commence Construction September 2025
Tentative Completion Date February 2026
Close out Project March 2026
ENVIRONMENTAL:

Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. (Attachment B).

ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council approve the Environmental Assessment for the Bluff Road Fence Replacement Project as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA), pursuant to Section 15301 of Title 14 of the California Code of Regulations. Staff also recommends that the City Council adopt the 100% completed construction specifications for Capital Project CP 884 and amend the Fiscal Year 2024-25 budget by increasing appropriations by $935,000 in Account No. 254-30-300-6040.10 (Rio Hondo Improve-State Parks, Public Works, Other Contract Services [expenditures]) and $935,000 in Account No. 254-99-4198.27 (Rio Hondo Improve-State Parks, Misc Grants - Rio Hondo Improve-State Parks [revenue]). Lastly, staff seeks authorization to proceed with advertising the construction project for public bidding.

ATTACHMENT(S)

1. Attachment A - Specifications - CP-884 Bluff Road Fence Replacement Project

2. Attachment B - CEQA Notice of Exemption - CP-884 Bluff Road Fence Replacement Project

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 25, 2025

3. Attachment C - State of CA Department of Parks & Recreation Check No. 69- 994143 ($935,000)

CITY OF MONTEBELLO

CALIFORNIA

CONTRACT DOCUMENTS

SPECIFICATIONS AND STANDARD DRAWINGS
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project SALVADOR MELENDEZ – MAYOR
GEORGINA TAMAYO – MAYOR PRO TEM
RIC ALONZO – COUNCILMEMBER
SCARLET PERALTA – COUNCIL MEMBER

DANIELLE ROMERO - COUNCILMEMBER
RAUL ALVAREZ – CITY MANAGER
PROJECT SUBJECT TO PROJECT LABOR AGREEMENT NO. 4202
Bid Opening (Electronic Bid through PlanetBids): July 23, 2025 at 11:00 am Attachment A

CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

IN THE CITY OF MONTEBELLO

BID SCHEDULE
Bid Period June 26, 2025 – July 23, 2025
Questions/RFIs due by July 10, 2025 at 12:00 pm
Responses to RFIs due by July 14, 2025 at 5:00 pm
Bid Opening July 23, 2025 at 11:00 am
Award of Contract (Tentative) August 13, 2025 City Council Meeting Commence Construction September 2025
Tentative Completion Date February 2026
Close out Project March 2026
Bid proposals will be received via PlanetBids:
(https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) until 11:00 am on July 23, 2025.

These Specifications have been prepared
under the direction of:
______________________
Cesar Roldan
Director of Public Works

CITY OF MONTEBELLO

CALIFORNIA
TO PROSPECTIVE BIDDERS:

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

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

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

If there are any questions regarding this project, please contact the City Engineer’s office at (323) 887-1200, ext. 460.

Cesar Roldan
Director of Public Works

CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

IN THE CITY OF MONTEBELLO

TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS A-1 to A-3
INSTRUCTIONS TO BIDDERS B-1 to B-3
BID PROPOSAL C-1 to C-13
CONTRACT AGREEMENT D-1 to D-18
GENERAL SPECIFICATIONS E-1 to E-3

SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS
PART 2 – BID ITEM DESCRIPTION
PART 6 – TEMPORARY TRAFFIC CONTROL

STANDARD PLAN FENCE DETAIL

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)

CONTRACTOR REGISTRATION NUMBER FORM

PROJECT SIGN
PROJECT LABOR AGREEMENT NO. 4202
GP-1 to GP-28
SP-1 to SP-13
SP-48 to SP-50
APPENDIX “A”
APPENDIX “B”
APPENDIX “C”
APPENDIX “D”

A-1

NOTICE INVITING SEALED BIDS
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

IN THE CITY OF MONTEBELLO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites sealed bids for the above stated project and will receive such bids electronically ONLY thru PlanetBids, https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 by 11:00 am July 23, 2025.

SCOPE OF WORK: The work to be performed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the 2021 Standard Plans for Public Works Construction (SPPWC), 2021 Standard Specifications for Public Works Construction “Greenbook” and 2023 Caltrans Standard Plans and Specifications unless otherwise shown.

CONTRACTED DOCUMENTS:

Copies of the contract documents and specifications are available on the City’s website at https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 In order to be on the Planholder List for this project, each bidder must submit a Bidders Information Sheet thru PlanetBids. Bids will not be accepted unless the bidder is on the Planholder List. All questions from planholders, are to be posted on the website.

Questions: All questions related to this project prior to the opening of bids shall be submitted electronically and received no later than 12:00 pm on July 10, 2025.

PREVAILING WAGE:

Prevailing wage requirements apply to public works projects with a value exceeding $1,000.00. The definition of “public works” is found at Labor Code Section 1720, et seq.

Pursuant to Section 1770, et seq., of the California Labor Code, the Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed.

A copy of said wage rates is available on-line at: B-2 http://dir.ca.gov/OPRL/ DPreWageDetermination.htm. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.

A-2
LABOR COMPLIANCE:

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

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

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

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

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

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

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

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

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

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

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

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

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

The contract period for this project is One Hundred (100) working days from the effective date of the Notice-to-Proceed to be issued by the City.

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

INSTRUCTIONS TO BIDDERS
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

IN THE CITY OF MONTEBELLO

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

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

DELIVERY OF PROPOSAL
Electronic Bids shall be submitted electronically at
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 at 11 am, on July 23, 2025. It is the bidder’s responsibility to ensure the bids have been successfully submitted through PlanetBids. Bidders can contact the AGENCY’S Purchasing Officials for confirmation. Late proposals will not be considered.

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

IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. B-1

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

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

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

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

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

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

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

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

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

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PROPOSAL
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

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

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

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

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

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

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BID PROPOSAL
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

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

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

BASE BID SCHEDULE

BLUFF ROAD FROM SYCAMORE AVENUE TO

WASHINGTON BOULEVARD
ITEM
NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL
1 PROJECT INFORMATION SIGNS 2 EA
2 TRAFFIC CONTROL AND STAGE CONSTRUCTION 1 LS
3 CLEAR & GRUBBING & REMOVAL OF SHRUBS 1 LS
4 CHAIN LINK FENCE REMOVAL 4,000 LF
5 FABRICATE AND INSTALL FENCE 4,000 LF

TOTAL AMOUNT BID IN WORDS
Dollars
Bidder’s Signature Title
Company Name

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ALTERNATE BID SCHEDULE - A

BLUFF ROAD FROM WASHINGTON BOULEVARD TO
800 FEET NORTH OF WASHINGTON BOULEVARD
ITEM
NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL
1 LEFT BLANK (INTENTIONALLY) 0 0
2 TRAFFIC CONTROL AND STAGE CONSTRUCTION 1 LS
2 CLEAR & GRUBBING & REMOVAL OF SHRUBS 1 LS
4 CHAIN LINK FENCE REMOVAL 800 LF
5 FABRICATE AND INSTALL FENCE 800 LF

TOTAL AMOUNT BID IN WORDS
Dollars
Bidder’s Signature Title
Company Name

ALTERNATE BID SCHEDULE - B
BLUFF ROAD FROM 800 FEET NORTH OF WASHINGTON BOULEVARD TO

BEACH STREET
ITEM
NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL
1 LEFT BLANK (INTENTIONALLY) 0 0
2 TRAFFIC CONTROL AND STAGE CONSTRUCTION 1 LS
3 CLEAR & GRUBBING & REMOVAL OF SHRUBS 1 LS
4 CHAIN LINK FENCE REMOVAL 850 LF
5 FABRICATE AND INSTALL FENCE 850 LF

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TOTAL AMOUNT BID IN WORDS
Dollars
Bidder’s Signature Title
Company Name

ALTERNATE BID SCHEDULE - C

BLUFF ROAD FROM BEACH STREET
ITEM
NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL
1 LEFT BLANK (INTENTIONALLY) 0 0
2 TRAFFIC CONTROL AND STAGE CONSTRUCTION 1 LS
3 CLEAR & GRUBBING & REMOVAL OF SHRUBS 1 LS
4 CHAIN LINK FENCE REMOVAL 1,700 LF
5 FABRICATE AND INSTALL FENCE 1,700 LF

TOTAL AMOUNT BID IN WORDS
Dollars
Bidder’s Signature Title
Company Name
Contract agreement will be executed based on the base bid (lowest, most responsive, and responsible bid) and not alternate schedules A, B, or C. Alternate schedules A, B and/or C will be included if funding suffices. Bid schedules A, B or C may be chosen in different orders to complete, i.e. City may choose bid schedule B only.

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

Before signing the contract, the lowest responsible bidder shall furnish all necessary bonds within ten (10) days after receiving the Contract notification. This bid is based upon completing the work in one hundred sixty (100) working days from the date of the Notice to Proceed.

After opening bids, the City will contact the lowest responsive/responsible bidder and inform him/her to submit signed contract, and required bonds and insurances to the City within ten (10) calendar days. These signed documents will be included in the City Council report to award the contract at the City Council Meeting to the lowest monetary bidder who will be determined by the Total Lump Sum Bid amount indicated above. Upon approval of the contract by City Council, the City will issue the “Notice to Proceed with Construction”.

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

SIGNATURE OF BIDDER TEL NO. ( )

BUSINESS ADDRESS

CONTRACTOR'S LICENSE

NUMBER & EXPIRATION DATE

TYPE OF LICENSE
I declare under penalty of perjury that the foregoing is true and correct. , Dated this day of _ , 20 .

CONTRACTOR'S SIGNATURE

SURETY COMPANY'S
NAME

ADDRESS

CITY STATE / ZIP CODE

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( ) _( )
Bidder’s Signature Title
Company Name

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

NAME, ADDRESS, LICENSE NO.,

AND PHONE NUMBER OF

SUBCONTRACTORS, SUPPLIERS, PORTION OF WORK,

AND VENDORS MATERIALS, OR EQUIPMENT
Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer.

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REFERENCES
The following are the names, addresses, and telephone numbersfor three public agenciesfor which BIDDER has performed similar work within the past two years:

1. Name and Address of Agency
Name and telephone number of person familiar with project Contract amount Type of work Date completed

2. Name and Address of Agency
Name and telephone number of person familiar with project Contract amount Type of work Date completed

3. Name and Address of Agency
Name and telephone number of person familiar with project Contract amount Type of work Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

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

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

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

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

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

Bidder’s Name
Business Address:

Telephone
State Contractor’s License No. and Class:

Original Date Issued Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows:

All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

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

BIDDER
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.

Signature of Contractor’s Representative
Printed Name
Title
Subscribed and sworn to this day of ,20 .

NOTARY PUBLIC

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

PROPOSAL GUARANTEE

BID BOND
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

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

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

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

BIDDER*
SURETY*
Subscribed and sworn to this day of , 20 .

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

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BIDDER’S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

IN THE CITY OF MONTEBELLO
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the space provided.

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

PROPOSAL GUARANTEE
CASH, CASHIER’S CHECK, OR CERTIFIED CHECK
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

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

Bidder

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CITY OF MONTEBELLO

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

SEC. 1. RECITALS
WHEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before on . for the
work of (describe work), (“PROJECT”).

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

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

SEC. 2. CONTRACT DOCUMENTS.

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

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

1. This AGREEMENT

2. Appendices

3. Standard drawings

4. Details

5. Special Provisions, if any

6. Addendums

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7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids
SEC. 3. THE WORK.

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

SEC. 4. COMPENSATION.

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

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

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

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work under the contract 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 CITY with a release of all undisputed contract amounts, if required by CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

Sec. 4.3. Substitution of Securities.

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

SEC. 5. UNDOCUMENTED WORKERS.

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

SEC. 6. NOTICE TO PROCEED.

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within one hundred (100) Working Days from the commencement thereof.

SEC. 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS.

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

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

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

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

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

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

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

SEC. 8. MISCELLANEOUS STATUTORY REQUIREMENTS
Sec. 8.1. Contractor License.

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

Sec. 8.2. Ineligible Contractor Prohibited.

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

Sec. 8.3. Compliance with SB 854 Registration.

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

Sec. 8.4. Trench and Pipeline Safety.

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

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Sec. 8.5. Utility Relocation.

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

Sec. 8.6. Third Party Claims Notification.

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

Sec. 8.7. Unfair Business Practices Claims.

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

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

Sec. 8.8. Day’s Work.

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

Sec. 8.9. Payroll Records.

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

Sec. 8.10. Employment of Apprentices.

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

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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 contracts, may be employed on public works in apprenticeable occupations.

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

SEC. 9. PREVAILING WAGES
A. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County.

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

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SEC. 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
A. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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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 CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

SEC. 11. BONDS.

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

B. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.” SEC. 12. INSURANCE REQUIREMENTS.

Prior to commencing work hereunder, CONTRACTOR 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. 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.

SEC. 13. LIQUIDATED DAMAGES.

See Section 6-9 Liquidated Damages of the General Provisions. In addition, pursuant to the authority of California Public Contracts Code Section 7102, CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by CITY. Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of five hundred dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder

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SEC. 14. DISPUTE RESOLUTION
Sec. 14.1. Claims of $375,000 or Less
A. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contracts Code Sections 21040-21040.4. A summary of Sections 21040-21040.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with the CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

Sec. 14.2 Public Contracts Code 9204 Claims
CONTRACTOR shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or 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 Contracts Code Section 9204 is as follows:

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

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

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

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

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

SEC. 15. TERMINATION.

Sec. 15.1. Termination for Convenience.

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

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Sec. 15.2 Termination for Default.

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

Sec. 15.3 Waiver of Remedies for any Breach.

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

SEC. 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

SEC. 17. COMPLIANCE WITH APPLICABLE LAWS.

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

SEC. 18. NOTICE OF COMPLETION.

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

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SEC. 19. AUTHORITY.

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

SEC. 20. ENTIRE CONTRACT.

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

SEC. 21. ATTORNEY’S FEES AND COSTS.

If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, 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.

SEC. 22. INDEPENDENT CONTRACTOR.

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

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

SEC. 23. NOTICE.

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

To CITY: City of Montebello
Attention: Director of Public Works/ City Engineer
To CONTRACTOR:

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SEC. 24. PROHIBITION AGAINST ASSIGNMENT.

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

SEC. 25. CUMULATIVE REMEDIES.

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

SEC. 26. COUNTERPARTS.

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

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

CITY OF MONTEBELLO CONTRACTOR
By:

Mayor By:

Date: Date:

ATTEST:

By:

City Clerk Date:

APPROVED AS TO FORM
City Attorney

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EXHIBIT “A”

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

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

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

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

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

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

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

2. Automobile Liability.

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

3. Worker's Compensation.

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

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Contract.

4. Additional Insureds.

The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Contract. An endorsement to this effect shall be delivered to 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 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 CITY, provided that such approval shall not be unreasonably withheld.

9. Payment of Premiums.

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

10. Evidence of Insurance and Claims.

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

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(Use of City Bond Form is Required)
EXHIBIT “B”

FAITHFUL PERFORMANCE BOND

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:

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

NOW THEREFORE, we, , as Principal, and
, a corporation organized under the laws of
, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of , as Obligee, in the sum of Dollars
($ ), lawful money of the United States of America, which is 100% of the amount of the Contact,for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document This document is signed by the respective parties on the dates next to their names.

Principal
By: Date:

Title:

Surety
By: Date:

Title:

I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
State of California )
)
County of )
On before me, (here insert name and title of the officer), personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM:

City Attorney

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EXHIBIT “C”
Labor and Materials Payment Bond
(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

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

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

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

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

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

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

Principal
By: Date:

Title:

Surety
By: Date:

Title:

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

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

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

WITNESS my hand and official seal.

Signature (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM:

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

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GENERAL SPECIFICATIONS
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

IN THE CITY OF MONTEBELLO

SCOPE OF WORK
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals to perform the work shown in the Plans, Specifications, and contract documents. The general items of work include removal of existing chain link fence and the fabrication/installation of a wrought iron fence.

LOCATION OF WORK
The general locations and limits of the work are as follows: Bluff Road from Sycamore Street to Mines Avenue.

TIME FOR COMPLETION
The Contractor shall complete all construction work in every detail within one hundred (100) working days after the date in the Notice to Proceed to be issued by the City for the awarded improvements.

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

Central
Basin
MWD
Isabelle
Guido
6252 Telegraph Rd
Commerce CA 90040
(323) 201-5541
[email protected]
Chevron
Environmental
Management
Company
Allen
Just
18401 Von Karman Ave
Ste 300
Irvine, CA 92612
(714) 508-2677
[email protected]
Crimson
Pipeline LP
Shannon
Lovrien
3760 Kilroy Airport
Way
Suite 300
Long Beach, CA 90806
(562) 285-4107
MCI
(Verizon
Business)
400 International Pkwy
Richardson, TX 75081
[email protected]

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City of
Montebello
Sewer
Juan
Hernandez
1600 W Beverly Bl
Montebello, CA 90640
[email protected]
Montebello
Land & Water
Company
Korey 1600 W Beverly Bl
Montebello, CA 90640
[email protected]
Crown Castle Fiber
Dig
1500 Corporate Dr
Canonsburg, PA 15317
(800) 654-3110
[email protected]
Redflex
Traffic
Systems
5651 W Talavi Blvd
Suite 200
Glendale, AZ 85306
(800) 568-8405
[email protected]
SoCalGas
Distribution
Belvedere
Jason
Sum
701 N Long Beach Blvd
Compton, CA 90221
(310) 687-2011
[email protected]
[email protected]
San Gabrial
Vally Water
Company
Kailyn
Phu
11142 E Garvey Ave
El Monte, CA 91733
(626) 448-6183
[email protected]
Spectrum -
Irwindale
David
Scharrer
4781 Irwindale Ave
Irwindale, CA 91706
626-430-3522
[email protected]
SCE Trans
Telecom,
Utiliquest for
SCE Dist -
Metro East &
West Reg
Engineering 14005 S Benson Ave
Chino, CA 91710
[email protected]
CITY POLICE AND FIRE DEPARTMENT Police: (323) 887-1313
Fire: (323) 887-4510
UNDERGROUND SERVICE ALERT (800) 422-4133 Tel
(909) 808-8101 Fax
TRASH COLLECTORS – ATHENS DISPOSAL (626) 336-6100
STREET SWEEPING – NATIONWIDE (562) 860-0604

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

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

STANDARD SPECIFICATIONS
The Standard Specifications and Standard Plans of the City are contained in the Latest Edition of the Standard Specifications for Public Works Construction (SSPWC) and Standard Plans for Public Works Construction (SPPWC). Copies of these Standard Specifications and Plans are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, CA 92081.

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

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

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SPECIAL PROVISIONS
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

IN THE CITY OF MONTEBELLO

TABLE OF CONTENTS
PART 1 GENERAL PROVISIONS
(NOTE: Sections Correspond to 2021 of Standard Specifications)

SECTION PAGE
1 Terms, Definitions, Abbreviations And Symbols GP-4
2 Scope Of The Work GP-6
3 Control Of The Work GP-7
4 Control Of Materials GP-11
5 Legal Relations And Responsibilities GP-11
6 Prosecution And Progress Of The Work GP-17
7 Measurement And Payment GP-18
8 Facilities For Agency Personnel GP-26
9 City Standards, Standard Plans & Drawings GP-26
10 Claims And Protests GP-26
PART 2 BID ITEM DESCRIPTIONS

BID ITEMS PAGE
1 Project Information Signs SP-2
2 Traffic Control And Stage Construction SP-3
3 Clear & Grubbing & Remove Trees and Shrubs SP-10
4 Chain Link Fence Removal SP-11
5 Fabricate and Install Fence SP-11
PART 4 Existing Improvements
(NOTE: Sections Correspond to 2021 Edition of Standard Specifications)

SECTION PAGE
400 Protection And Restoration SP-44
400-1 General SP-44
400-2 Permanent Survey Markers SP-45
400-3 Payment SP-45
402 Utilities SP-45
402-1 Location SP-47

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PART 6 TEMPORARY TRAFFIC CONTROL
(NOTE: Sections Correspond to 2021 Editions of Standard Specifications)

SECTION PAGE
600 Access SP-48
600-1 General SP-48
600-2 Vehicular Access SP-48
600-3 Pedestrian Access SP-49
601 Temporary Traffic Control For Construction And Maintenance Work Zones SP-49
601-1 General SP-49
601-2 Temporary Traffic Control Plan (TCP) SP-49

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SPECIAL PROVISIONS
PART 1 – GENERAL PROVISIONS
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

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

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

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

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1-7 AWARD AND EXECUTION OF CONTRACT
1-7.1 General
Subsection 1-7.1 of the Standard Specifications is hereby replaced with the following:

Within ten (10) working days after the date of the City’s notice of award, the Contractor shall execute and return the following contract documents to the City:
• Contract Agreement
• Faithful Performance Bond
• Material and Labor Bond
• Public Liability and Property Damage Insurance Certificate • Worker’s Compensation Insurance Certificate
• Project Schedule
Failure to comply with these requirements will constitute non-responsiveness on the part of the Contractor and will result in annulment of the award by the City and forfeiture of the Proposal Guarantee by the Contractor.

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

A corporation to which an award is made may be required, before the Contract Agreement is executed by the City, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and of the authority of its officers to sign contracts and bonds for the corporation.
1-7.2 Contract Bonds
The second sentence of the fourth paragraph of this subsection of the Standard Specifications for Public Works Construction (SSPWC) is hereby deleted and replaced with the following:

The Faithful Performance Bond shall remain in force until one (1) year of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until thirty-five days after the date of recordation of the Notice of Completion.

The second and third sentences of the third paragraph of Subsection 2-4 of the Standard Specifications for Public Works Construction (SSPWC) are hereby deleted and replaced with the following:

The “Payment Bond” (Material and Labor Bond) shall be for not less than 50 percent of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by

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it on the work. The Payment Bond shall remain in effect until thirty-five days after the date of recordation of the Notice of Completion.

SECTION 2 – SCOPE OF THE WORK
2-2 PERMITS
This subsection of the Standard Specifications is hereby replaced by the following:

Prior to the start of any work, the Contractor shall take out the applicable City permits and make arrangements for City inspections. The City will issue the permits at no charge to the Contractor.

The Contractor and all subcontractors shall each obtain a City business license, and shall be licensed in accordance with the State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.

The Contractor shall pay all costs incurred by the permit requirements. 2-5 CONTRACTOR’S EQUIPMENT AND FACILITIES
The following is hereby added to this subsection of the Standard Specifications:
2-5.5 A noise level limit of 86 dba at the distance of fifty feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 2-5.6 All noise producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers, and air inlet silencers where appropriate, in good operating condition that meet or exceed original factory specifications. Mobile or fixed “package” equipment (e.g. arc-welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. 2-5.7 All mobile or fixed noise producing equipment used on the project, which is regulated for noise output by a local, state, or federal agency, shall comply with such regulation while in the course of project activity.
2-5.8 Electrically powered equipment instead of pneumatic or internal combustion powered equipment shall be used, where feasible.
2-5.9 Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practical from residences.
2-5.10 The hours of conventional construction activities shall be restricted to the periods and days permitted by the local noise or other applicable ordinance. In accordance with the City of Montebello Noise Ordinance, these activities include (but are not limited to) construction, noisy maintenance activities, all spoils and material transport, demolition, and grading and are prohibited between the hours of 4:00 p.m. and 8:00 a.m. on weekdays (Monday through Friday), Saturday and Sundays, and legal holidays, except in cases of emergency as determined and approved in writing by the City Engineer.

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2-5.11 The use of noise producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only.
2-5.12 No project related public address, paging, two-way radio, or music system shall be audible at any adjacent residence.
2-5.13 The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. An appeal process to the City shall be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor.
2-5.14 The Contractor shall develop a project noise control plan, which shall be approved and implemented prior to commencement of any construction activity. 2-5.15 Noise control features and plans shall be reviewed and approved by a noise control engineering professional.
2-5.16 Contract incentives may be offered to the construction contractor to minimize or eliminate noise complaints resulting from project activities.
2-5.17 The erection of temporary sound wall barriers shall be considered where project activity is unavoidably close to residences.
2-5.18 Caltrans Standard Specifications (Sections 7 and 42) and Standard Special Provisions (that provide limits on construction noise levels) shall be applied and enforced by the City on the project Contractor.
2-5.19 Arrange noisiest operations together in the construction program to avoid continuing periods of annoyance.
2-5.20 If practical, implement project noise abatement features prior to construction SECTION 3 – CONTROL OF THE WORK
3-7 CONTRACT DOCUMENTS
3-7.1 General
The following is hereby added after the last paragraph of this subsection of the Standard Specifications:

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

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3-7.2 Precedence of The Contract Documents
This subsection of the Standard Specifications is hereby replaced by the following:

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

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

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

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

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

FIFTH: Contract/Agreement.

SIXTH: Addenda.

SEVENTH: Bid/Proposal.

EIGHTH: Special Provisions.

NINETH: Plans.

TENTH: Standard Plans.

ELEVENTH: Standard Specifications.

TWELFTH: Reference Specifications.

Detailed plans shall have precedence over general plans. 3-10 SURVEYING.
3-10.1 General.

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

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

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The Contractor shall reset disturbed monuments and provide a Corner Record Survey filed with the County Surveyor and City Engineer. Corner Record Surveys shall be completed by a Land Surveyor licensed in the State of California to practice surveying. Prior to start of construction, Contractor shall visit the site and prepare a list of all centerline ties , monuments and survey markers, which may be damaged , or removed during construction and shall hire a CA licensed Land Surveyor to reset and re-establish the monuments, survey markers and ties at Contractor’s expense.

The Contractor shall furnish all construction surveying work for all paving work/ concrete work and the resetting of monuments, survey markers, and centerline ties.

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

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

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

The City reserves the right to verify all staking and monumentation for horizontal and vertical accuracy. The allowable error shall not exceed 0.02 feet vertically or horizontally. Any staking found to exceed allowable error shall be reset at the sole expense of the Contractor and no additional compensation will be made therefore. In cases where the Contractor is unable to place a monument, such as conflicts with underground utilities, the Contractor shall notify the Engineer for review, confirmation, and approval of the omission. All work described in this Section shall be done by or under the direction of a Professional Land Surveyor or a Registered Civil Engineer authorized to practice Land Surveying in the State of California herein referred to as “Surveyor”. 3-10.2 Line and Grade
The following is hereby added after the last paragraph of this subsection of the Standard Specifications:

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

The Surveyor shall have the option of establishing line and grade either by setting stakesto finished grade, marking the cuts and fills on the pavement, or referring to stakes, spikes, drill holes, chisel cuts, etc., on a grade sheet. Normally, stakes will be set and stationed by the Surveyor for rough grade, curbs, headers, sewers, storm drains, and structures and a corresponding cut or fill to finished grade (or flow line) indicated on a grade sheet. If the Surveyor elects to set stakes to the finished grade, the top of these stakes will be colored with blue crayon or paint. All elevations will be established with a Surveyor’s level or Theodolite.

For street improvements, the Surveyor will establish rough grade elevations at 50-foot intervals along the street. After completion of the rough grading, he/she will establish elevations for curb

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

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

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

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

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

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

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

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

The following is added to this subsection of the Standard Specifications:
3-10.3 Permanent Survey Markers
The Contractor shall reset disturbed monuments and provide a Corner Record Survey filed with the County Surveyor and City Engineer. Corner Record Surveys shall be completed by a Land Surveyor licensed in the State of California to practice surveying. 3-10.4 Surveying Services
This subsection of the Standard Specifications is hereby deleted and replaced with the following:

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

SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL
The following is hereby added after the last paragraph of this subsection of the Standard Specifications:

The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the City, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one (1) years after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the work which is found to not meet those requirements. The Contractor shall hold the City harmless from claims of any kind arising from damages due to said defects or noncompliance. The Contractor shall make all repairs, replacements, and restorations within thirty (30) days after the date of the City Engineer’s written notice.
4-6 TRADE NAMES OR EQUALS
The first and second paragraphs of this subsection of the Standard Specifications are hereby replaced with the following:

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

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
5-3.2 Prevailing Wages
The following is hereby added to this subsection of the Standard Specifications:

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

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rates as established by the Director of Industrial Relations of the State of California. The Contractor shall not pay less than these rates.

The following subsection(s) are hereby added to Section 5-3 of the Standard Specifications 5-3.6 Laws
The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the labor Code, as provided in Section 1773 et seq., the City has on file in the City Clerk’s office the latest prevailing rates as established by the Director of Industrial Relations of the State of California. The Contractor shall not pay less than these rates.
5-4 INSURANCE
5-4.2 General Liability Insurance
This subsection of the Standard Specifications is hereby replaced by the following:

CONTRACTOR shall carry and maintain Comprehensive General Liability Insurance which provides the following:
• Minimum coverage: Bodily injury limits of $2,000,000 for each person and $2,000,000 for each occurrence; property damage limits of $2,000,000 for each occurrence, $5,000,000 aggregate.
• Products/Completed Operations Hazard Insurance: in an amount of not less than FIVE MILLION DOLLARS ($5,000,000).
• A combined single limit policy with aggregate limits in an amount of not less than Five MILLION DOLLARS ($5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.

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

Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Contract, including the use of owned and non-owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.
5-4.3. Worker's Compensation Insurance
The following is hereby added to this subsection of the Standard Specification:

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CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Contract by CONTRACTOR. To the extent that CONTRACTOR utilizes any subcontractor for the performance of any part of the work under this Contract, CONTRACTOR shall require and assure that such subcontractor also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Contract.
5-4.4 Auto Liability Insurance
This subsection of the Standard Specifications is hereby replaced by the following CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $5,000,000 per accident for bodily injury and property damage.

The following subsection(s) are hereby added to Section 5-4 of the Standard Specifications 5-4.5 Additional Insureds
The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Contract. An endorsement to this effect shall be delivered to 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. 5-4.6 Notice of Cancellation
CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 5-4.7 Severability Clause
Each of the policies of insurance shall contain a clause substantially as follows:

The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made, or suit is brought, except with respect to the limit of the insurer's liability.
5-4.8 Qualifications of Insurer
All policies of insurance shall be issued by an insurance company acceptable to CITY and authorized to issue said policy in the State of California. 5-4.9 Approval of Insurer
The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by CITY, provided that such approval shall not be unreasonably withheld.

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5-4.10 Payment of Premiums
All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by CITY. 5-4.11 Evidence of Insurance and Claims
CONTRACTOR shall provide certificates of insurance to CITY as evidence of insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Contract. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. 5-7 SAFETY
5-7.1 Work Site Safety
5-7.1.1 General
The following is hereby added to this subsection of the Standard Specifications:

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

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

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

The following subsection(s) are hereby added to Section 5-7 of the Standard Specifications:

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5-7.9 Traffic and Access.

The Contractor shall notify the occupants of all affected properties in writing at least forty-eight (48) hours (2 working days) prior to any temporary obstruction of access. Contractor to revise all dates daily on no-parking signs. If works does not begin on the date posted on the no-parking sign, Contractor then shall replace all signs with the new correct dates. Vehicular access to the property line shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer.

At least one twelve-foot-wide traffic lane shall be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The Contractor must submit a traffic control plan to the City and obtain approval of same in writing from the City Engineer. The Contractor shall maintain at least one lane of traffic in each direction at all times during construction. The plan shall be prepared per latest edition of California Manual on Traffic Control Devices (CA-MUTCD).

There are some driveways that require replacement in order to be handicap compliant. Where a property has two driveways, only one driveway at a time can be closed for replacement. Where a single driveway to a property has a considerable width, half of the driveway is to be closed, worked on and reopened for usage before the other half of the driveway can be worked on.

All driveways have to be open for access during project non-construction hours and days which may require use of plating and other devices or methods.

No driveway can be worked on until the owner/tenant has been informed in writing with five (5) working days’ notice of the scheduled work and has agreed to the planned schedule of the Contractor.

Under situations of driveway closure to pedestrians, the Contractor shall post advance notice on barricades to direct pedestrian to use the sidewalk on the opposite side of the street or the Contractor may elect to provide continuous K-rail in the curb lane to allow pedestrians to walk in the curb lane behind the K-rail. Any and all devices such as plates, barricades, K-rails and notices shall be continuously maintained for pedestrian and vehicle safety. No curb lanes shall be closed during non-working days of the week. Appropriate advance warning signs shall be continuously maintained as needed during the project. All such devices, warning signs and interruptions of normal vehicle lanes, parking lanes and pedestrian walkways shall be shown on the Traffic Control Plan for advance approval by the City.

Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

Any striped roadway shall be delineated by the Contractor with temporary raised reflective markers when it is to be left un-striped overnight.

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5-7.9.1 Street Closures, Detours, Barricades.

This subsection is hereby added to section 5-7.9 of the Standard Specifications:

Street closures will not be allowed except as specifically permitted by the Engineer.

At the Pre-Construction meeting, the Contractor shall submit to the Engineer a detailed written plan for traffic control and construction sequencing for the project. The plan shall include drawings as necessary to clearly outline how traffic flow and pedestrian walkways will be handled during the course of construction and where detour and advance notice signs will be posted.

Traffic lane transitions shall not be sharper than a taper of thirty to one.

Temporary traffic channelization shall be accomplished with barricades, K-rail sections or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer.

The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed to remain on finish pavement surfaces.

In no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer.

The contractor shall include in his Traffic Control Plan use of lighted message boards to notify traffic of project and any changes in vehicle or pedestrian travel routes.

If the Contractor shall fail to provide and install any of the signs or traffic control devices ordered by the Engineer, the Engineer may either stop the work or cause such signs or traffic control devices to be placed by others and charge the cost therefor against the Contractor, and deduct same from the next progress payment
5-7.9.2 Protection of the Public.

This subsection is hereby added to section 5-7.9 of the Standard Specifications:

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

Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Engineer will

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order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary.

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

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

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

The Contractor’s proposed Construction Schedule shall be submitted to the Engineer within ten working days after the date of the City’s execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

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

The Contractor shall submit periodic Progress Reports to the Engineer by the last day of each month. The Report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.
6-3 TIME OF COMPLETION.
6-3.1 General.

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

All construction work is to be completed within one hundred sixty (160) working days. 6-3.2 Contract Time Accounting.

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

The Contractor’s activitiesshall be confined to the hours between 7:00 a.m. and 3:30 p.m., Monday through Friday, excluding holidays, for daytime work and to the hours between 8:00 p.m. starting Monday and 5:00 a.m. ending Saturday, excluding holidays, for nighttime work. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be

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calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. Should the Contractor choose nighttime work, any and all lighting and traffic control, as needed, shall be provided by the Contractor. 6-9 LIQUIDATED DAMAGES
The liquidated damages value mentioned in this section is hereby amended to be $500.00 per day.

SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.2 Partial and Final Payment.

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

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

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

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

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

The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety of equal value.

At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer or a State or Federally chartered bank as the escrow agent, who shall pay such surety to the Contractor upon satisfactory completion of the contract.

Sureties eligible for investment shall include those listed in Section 16430 of the State Government Code or bank or savings and loan certificates of deposit.

Any escrow agreement entered into shall contain the following provisions:
a) The amount of surety to be deposited;
b) The terms and conditions of conversion to cash in case of default of the Contractor; and

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

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

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

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

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

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

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

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

7. Damage to other work or property;

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

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

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

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

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

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

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

15. Liquidated damages payable to City;

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

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

18. Cleanup performed by City and chargeable to Contractor;

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

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

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

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

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

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

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

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

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

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

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

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

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

Completion. Inspection. Punch List. Re-Inspection
A Contractor-generated punch list must be provided to the City or its representative prior to the request for final inspection. It will be the discretion of the City or its representative to grant the final inspection based on the Contractor generated punch list. Contractor shall achieve Completion of the Project Work in accordance with the requirements of the Contract Time and other provisions

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of the Contract Documents. Contractor shall notify Engineer when Contractor believes that the Project Work for is Complete.

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

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

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

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

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

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

If said inspection discloses any item, whether or not included on the Final Completion Punch List, which is found missing, incomplete, or requiring correction said item shall be corrected before a Notice of Final Completion shall be issued. The City shall be reimbursed or at its option shall withhold from Contractor’s payments, amounts incurred by City to conduct more than two (2) inspections to determine Final Compliance of the Project Work for any Home. A Notice of Final Completion shall be issued by the Engineer when he determines that Final Compliance of the Project Work has occurred.

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

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

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

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

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

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

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

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

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

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

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

The acceptance by the Contractor of the final payment aforesaid shall operate as, and shall be, a release to the City and its agents, from all claim and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act or neglect of the City or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided elsewhere in these General Conditions.

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

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

Any escrow agreement entered into shall contain the following provisions:
(a) The amount of surety to be deposited;
(b) The terms and conditions of conversion to cash in case of default of the Contractor; and
(c) The termination of the escrow upon completion of the contract.

7.3.3 Delivered Materials
This subsection of the Standard Specifications is hereby replaced by the following:

Materials and equipment delivered but not incorporated into the work will not be included in the estimate for partial progress payment.
7-3.5 Contract Unit Prices
7-3.5.1 General
This subsection of the Standard Specifications is hereby replaced by the following:

If the Engineer orders a change in quantity of an item of Work, and the change does not involve a substantial change in character of the Work from that shown in the Plans or Specifications, the

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City will adjust the total payment to be made for the item of Work by multiplying the amount authorized and installed by the Contract Unit Price. This amount may be greater or less than the amount shown in the Bid.

If the total quantity of a Major Bid Item is changed, only changes within 25% of the quantity shown in the Bid, either more or less, will be adjusted at the Contract Unit Price. 7-3.5.2 Increases of More than 25 Percent
This subsection of the Standard Specifications is hereby replaced by the following:

No adjustments for any unit bid price for any quantity that will vary by more than 25% will be allowed.
7-3.5.3 Decreases of More than 25 Percent
This subsection of the Standard Specifications is hereby replaced by the following:

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

7.4 PAYMENT FOR EXTRA WORK
7-4.3 Markup
7-4.3.1 Work by the Contractor
The following is hereby added to this subsection of the Standard Specifications:

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

Labor 20%
Materials 15%
Equipment Rentals 15%
Other Contractor's costs 15%
One percent (1%) may also be added to the sum of costs and markups as compensation for the Contractor's bond premium.
7-4.3.2 Work by the Subcontractor
The following is hereby added to this subsection of the Standard Specifications:

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

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SECTION 8 – FACILITIES FOR AGENCY (CITY) PERSONNEL
Replace this section of the Standard Specifications with the following:

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

SECTION 9 – CITY STANDARDS, STANDARD PLANS AND DRAWINGS Section 9 is hereby added to the Standard Specifications as follows:

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

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

Standard Plans – Standard Plans for Public Works Construction, SPPWC, “Latest Edition and Supplement”.

Los Angeles County Public Works Department – Grey Book and all plans except those modified or replaced by City Standards.

Sanitation Districts of Los Angeles County - Applicable sewer and manholes.

State of California – California Department of Transportation (Caltrans) Standard Specifications and Standard Plans - Pavement markings and traffic loops.

City Standards - All applicable standard plans.

Standard Specifications - The 2021 edition of, and applicable amendments to, the “Standard Specifications for Public Works Construction (SSPWC).”
California Manual on Traffic Control Devices (CA-MUTCD), “Latest Edition”.

SECTION 10 – CLAIMS AND PROTESTS
Section 10 is hereby added to the Standard Specifications as follows:

Excerpts from the Public Contract Code 9204:
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2,

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and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Claim” means a “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

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(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer forsettlement of the issuesin dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements

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of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

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SPECIAL PROVISION
PART 2 – BID ITEM DESCRIPTIONS
FOR
CP-884 Rio Hondo Coastal Spreading Grounds Fence Replacement Project

IN THE CITY OF MONTEBELLO
All Bid Items shall be in accordance with the Standard Specifications for Public Works Construction (SSPWC), including supplements, State of California Department of Transportation (Caltrans) Standard Specifications, Latest Edition, and the Special Provisions and General Conditions of these specifications.

Mobilization/Demobilization - Mobilization and Demobilization is not a separate bid item , but will be incorporated in all bid unit prices in the bid schedule Mobilization shall conform to the provisions of Sections 9-3.4 of the Standard Specifications.

Mobilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to and from the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials. Demobilization includes removal of all equipment and materials from the site, clean up and restoration of the work site at the end of project. Mobilization shall also include pressure washing of all USA markings, clearing and grubbing operations preceding and post construction consisting of removing all natural and artificial objectionable materials from the Right-of-Way in construction areas, road approaches and material sites. Clearing and grubbing shall conform to the provision of section 300-1 of the standard specifications.

No additional amounts shall be paid for erosion control, Best Management Practices (BMP), erosion damage clean-up, and removal of debris from the project site, NPDES requirements, or removal of soil and other materials deposited on public streets by construction traffic.

Best Management Practices (BMP) shall be defined as any program, technology, process, citing criteria, operating method, measure, or device, which controls, prevents, removes, or reduces

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pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3, Construction BMP Handbook and the Los Angeles County Department of Public Works Best Management Practices Handbook for Construction Activities.

Los Angeles County Department of Public Works
Cashier’s Office
900 South Fremont Avenue
Alhambra, CA 91803
Telephone: 626-458-6959
The Contractor shall have a minimum of two readily accessible copies of each publication on the Contract site at all times plus any copies of applicable environmental mitigation plans.

Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operation. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective.

BMPs for Contractor activities shall be continuously implemented throughout the year and project time period. BMPs for erosion control and sedimentation shall be implemented during the period from October 15 to April 15, and whenever the National Weather Service Predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any Contractor activity or construction operation, which may produce run-off, and whenever run-off from other sources may occur.

The Agency (City), as a permittee thereto, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The City will pass through to the Contractor any penalty assessed by these entities for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the City will deduct, from the final payment due the Contractor, the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.

Mobilization and Demobilization is not a separate bid item, but will be incorporated in all bid unit prices in the bid schedule, and shall be considered full compensation for obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of Montebello; and complying with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work. No additional compensation will be allowed therefor.

Bid Item No. 1 – Project Information Signs
The Contractor shall supply, erect, and maintain public improvement project signs for the duration of construction according to the specifications set forth below. A scaled layout of the sign shall