Cities Index.
Agenda packet

Montebello City Council
August 13, 2025

Document
Agenda packet
Meeting
August 13, 2025
Body
Montebello City Council
Pages
1,585
Original file
177.9 MB
Text extracted from the city's file for reading and search. Open the original on montebelloca.api.civicclerk.com. That file is the official record.

3 a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, City of Montebello also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the Federal Highway Administration access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the Federal Highway Administration. You must keep records, reports, and submit the material for review upon request to Federal Highway Administration, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

City of Montebello gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S.

Department of Transportation under the Federal Highway Administration. This ASSURANCE is binding on Montebello, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal-Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient.
_____________________________________
(Name of Recipient)
by ___________________________________
(Signature of Authorized Official)
DATED________________________________

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A

APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part

21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the California Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment,

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A
unless exempt by the Acts, the Regulations and directives issued pursuant thereto.

The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

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B

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the City of Montebello will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United States Code, the Regulations for the Federal Highway Administration, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S.

Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Montebello all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto City of Montebello and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Montebello, its successors and assigns.

The City of Montebello, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the City of Montebello will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

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C

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER

THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of Montebello pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, City of Montebello will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the City of Montebello will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Montebello and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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D

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED

UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/ agreements entered into by City of Montebello pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, City of Montebello will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, City of Montebello will there upon revert to and vest in and become the absolute property of City of Montebello and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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E

APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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APPENDIX B

TITLE VI NOTICE TO THE
PUBLIC

YOUR RIGHTS AGAINST DISCRIMINATION UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND

RELATED NON-DISCRIMINATORY AUTHORITIES
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

The following additional authorities provide protection against discrimination on the basis of sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law:
• Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.)
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) • The Civil Rights Restoration Act of 1987 (Public Law 200-209) Any person who believes that they have been discriminated against may file a written complaint with the City of Montebello Public Works Department, within 180 days of the alleged discrimination. Additional information and Title VI Complaint Forms can be obtained on the City of Montebello City’s website, at
https://www.montebelloca.gov/departments/public_works.Title VI Complaint Forms can also be obtained from the Public Works Department at City Hall.

To file a Title VI discrimination complaint, please use the following contact information:

Title VI Implementation Plan City of Montebello
Department of Public Works
1600 W Beverly Blvd.,
Montebello, CA 90640
[email protected]
323-887-1462
Attachment D

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APPENDIX C

TITLE VI COMPLAINT
FORM
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” If you wish to submit a Title VI complaint to the City of Montebello Public Works Department, please complete the below information and submit this form to:

Department of Public Works
1600 W Beverly Blvd.

Montebello, CA 90640
323-887-1462
[email protected]
Title VI Implementation Plan
City of Montebello
Name:

Address:

City:

State:

Zip Code:

Cell/Home:

Name, title, and description of person(s) who allegedly discriminated against you:

Check the box(es) for the type(s) of discrimination that was experienced:

Race
Attachment E

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1) Date(s) that alleged event(s) took place:
2) Location(s) where the alleged event(s) took place:
3) Is the alleged discrimination still ongoing?:
4) In your own words, please describe the alleged discrimination, explain what happened, and who you believe is responsible:

Sex
Religion
Color
Age
Sexual Orientation
National Origin
Disability
Gender Identity
Other (Please Describe):

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5) Please list any person(s) we may contact for additional information to provide further information for your complaint:
6) Have you filed this complaint with any other federal agency, state agency, federal court, or state court? If yes, please check all that apply:

Federal Agency
State Agency
Federal Court
State Court
7) Please provide the name, phone number, and email of the contact persons at the agency/court where the complaint was filed, below:

Please sign and date this form on the lines provided below. If any additional space is needed to provide information about this complaint, please attach the additional information to this form.

Signature: ___________________________________ Date:

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I. Title VI/Non-discrimination policy statement
It is the policy of City of Montebello that no person shall on the grounds of race, color, national origin, sex, disability, or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of City of Montebello Department of Public Works as provided by Title VI of the Civil Rights Act of 1964 and related statutes.

This policy applies to all operations of the City of Montebello, including its contractors and anyone who acts on behalf of City of Montebello Department of Public Works. This policy also applies to the operations of any department or agency to which the City of Montebello extends federal financial assistance. Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance.

Prohibited discrimination may be intentional or unintentional. Seemingly neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination.

Examples of prohibited types of discrimination based on race, color, national origin, sex, disability, or age include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality, quantity, or manner in which a benefit is provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired; and Discrimination in employment.

Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21.

The City of Montebello affirms the recipient's commitment to non-discrimination and assures that every effort will be made to ensure non-discrimination in all of its programs, activities, and services, whether those programs, activities, and services are federally funded or not.
(Top Agency or Department Official) Date
Attachment F

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Attachment G
Title VI Program
As a recipient of federal funding, the City of Montebello is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in all federally funded programs and activities.

In accordance with federal requirements, this Title VI Notice to the Public informs individuals of their rights and provides information on how to file a complaint if they believe they have been subjected to discrimination. Montebello strives to promote equitable access to transportation programs, services, and decision-making processes for all community members.

On June 25, 2025, the City Council adopted the City of Montebello Title VI Plan.

Download a copy of the (Link PDF).

Any person who believes she or he has been discriminated against on the basis of race, color, or national origin by the City of Montebello may file a Title VI complaint by completing and submitting the agency’s Title VI Complaint Form no more than 180 days after the alleged incident. The City’s Title VI Coordinator will process complaints received and shall acknowledge receipt within 10 business days; resolution within 60 days.

Download a copy of the (Complaint Form)
Please submit the form in person or mail to the address below:

City of Montebello
Attention: Assistant Title VI Coordinator, James Coiner 1600 W Beverly Blvd.

Montebello, CA 90640
Additionally, a person may also file a complaint directly with the Federal Highway Administration
U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Avenue, SE 8th Floor E81-105
Washington, DC 20590
Title VI Resources (PDF Links)
• Title VI Implementation Plan Adopted by Council June 25, 2025 • Title VI Notice to the Public
o English
o Spanish
• Title VI Complaint Form
o English

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o Spanish
Useful Links
• U.S. Department of Justice
• U.S. Department of Transportation, Office of Civil Rights • Federal Highway Administration
• Caltrans

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Attachment H

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Local Assistance Procedures Manual Exhibit 4-C
Master Agreement -- Federal-Aid Projects

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT
FOR

FEDERAL-AID PROJECTS
District Administering Agency
Agreement No. ____________
This AGREEMENT, is entered into effective this day of , 20 , by and between AGENCY NAME, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS:

1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and

2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and

3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

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March 7, 2016
Attachment I

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Local Assistance Procedures Manual Exhibit 4-C
Master Agreement

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project specific “ Authorization/Agreement Summary ", herein referred to as “ E-76" document, is approved by STATE and the Federal Highway Administration (FHWA).

2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal-aid funds as more fully-described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA).

3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT.

4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal-aid project performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing.

6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD).

ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s).

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March 7, 2016

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Local Assistance Procedures Manual Exhibit 4-C
Master Agreement

8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization".

9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed projectspecific PROGRAM SUPPLEMENT.

10. If PROJECT is not on State-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY.

Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES

11. If PROJECT involves work within or partially within State-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.

12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project-specific PROGRAM SUPPLEMENT.

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March 7, 2016

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Local Assistance Procedures Manual Exhibit 4-C
Master Agreement

15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant.

16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY.

17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty(180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES

18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.

19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds.

ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit-A) attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached here to). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT-related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY

ARTICLE II - RIGHTS OF WAY

1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract.

2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by

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PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.

4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right-of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or nonprofit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24.

The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT-displaced persons as provided in 49 CFR, Part 24.

6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT,

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ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC).

2. STATE'S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE's approved finance letter.

3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE.

4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period.

5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State.

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Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.

8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement.

ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).

10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.

12. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs.

14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.

16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated

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within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT.

17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual PROJECT cost items.

20. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects.

23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

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24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205.

5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

6. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING RECORDS RETENTION AND

REPORTS,

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures.

9. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.

ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION

1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that:
a. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract.
b. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions.
c. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

ARTICLE VII - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations.

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2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government.

4. Each project-specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.

5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

6. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT.

9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT.ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

10. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal

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evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer.

11. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT.

12. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

13. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

14. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered.

15. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE.

If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of PROJECT

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completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

16. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT.

17. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

18. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers.

STATE OF CALIFORNIA ADMINISTERING AGENCY NAME

DEPARTMENT OF TRANSPORTATION
By By
Chief, Office of Project Implementation Representative Name & Title Division of Local Assistance (Authorized Governing Body Representative) Date Date

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EXHIBIT A

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.

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(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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EXHIBIT B NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:

1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements:

ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, disadvantage business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.

5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the

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Master Agreement
acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:

Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.

8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.

9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.

10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and

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Master Agreement
may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, sub grantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.

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Master Agreement

APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.

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Master Agreement
ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States.

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_________________________________________________________________________________________ Local Assistance Procedures Manual Exhibit 4-C
Master Agreement

APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns.

ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S.

Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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_________________________________________________________________________________________ Local Assistance Procedures Manual Exhibit 4-C
Master Agreement

APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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_________________________________________________________________________________________ Local Assistance Procedures Manual Exhibit 4-C
Master Agreement

APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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ITEM # 25

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: APPROVE THE RELEASE OF RFQ NO. 26-02 FOR THE PURCHASE

OF EQUIPMENT, HARDWARE, TOOLS, AND RELATED MATERIALS
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Reject the proposals that were received for Request for Qualification (RFQ) No. 25-02; and

2. Approve the release of RFQ No. 26-02 for Equipment, Hardware, Tools, and Related Materials; and

3. Authorize the City Manager, or designee, to make minor modifications to the RFQ documents if necessary to clarify scope, specifications, or submission requirements; and

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

FISCAL IMPACT:

There are no significant expenses associated with issuing Request for Qualifications (RFQ) No. 26-02. The City Council is not obligated to approve any contract by soliciting additional quotes. Actual project costs will be determined through the competitive quotation process and encumbered as needed through department budgets in future fiscal years. Staff will return for City Council approval as needed for any agreements arising out of this RFQ.

BACKGROUND/DISCUSSION:

The City of Montebello is committed to maintaining an open and competitive procurement process that provides equal opportunity for qualified vendors to supply critical equipment,

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hardware, tools, and related materials. These supplies are essential for supporting daily operations across various departments, including Public Works and Parks and Recreation.

To streamline procurement, ensure compliance, reduce reliance on purchase cards (Pcards) and one-off retail purchases, the City issued an RFQ to establish annual not-toexceed contracts with reputable suppliers for these routine operational needs and supplies.

Upon the initial solicitation, the City received three responsive bids from Home Depot, OneSource, and Tourbilion Enterprises LLC. While each of these vendors demonstrated the ability to meet the City’s general needs, staff believe it is in the City’s best interest to expand the pool of qualified vendors. Multiple vendors are critical to supply the wide range of supplies required, including specialty items for electrical work, plumbing, and general hardware.

ENVIRONMENTAL:

N/A
ANALYSIS:

A diverse vendor pool ensures competitive pricing, supply chain reliability, and flexibility to source specialty materials that may not be available through a single provider.

Although Home Depot and the other current bidders remain strong candidates, City staff believe that re-releasing the RFQ will:
• Encourage additional bids from general suppliers and specialty vendors • Provide a fair and open opportunity for other qualified suppliers to compete for City business
• Strengthen vendor coverage for niche products and services that supplement big box store offerings
• Promote compliance with public purchasing best practices by demonstrating a good-faith effort to attract robust competition
Re-issuing the RFQ will not eliminate the current bidders; instead, the City encourages Home Depot, OneSource, and Tourbilion Enterprises LLC to re-submit proposals under the re-opened solicitation to remain in consideration. Staff are confident that this approach will help the City achieve the goal of establishing a balanced and flexible pool of pre-qualified vendors that can reliably meet operational needs throughout the fiscal year.

SUMMARY:

Staff recommend the City Council release RFQ No. 26-02 for Equipment, Hardware, Tools, and Related Materials to provide a fair and open opportunity for additional qualified vendors to participate. This will strengthen the City’s procurement process, ensure

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healthy vendor competition, and maintain cost-effective, reliable access to essential supplies. Final contract recommendations will return to City Council for approval once additional bids are received and evaluated.

ATTACHMENT(S)

1. Attachment A — RFQ 26-02 Equipment, Hardware, Tools, and Other Related Materials

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CITY OF MONTEBELLO
Request for Quotations
(RFQ No. 26-02)

EQUIPMENT, HARDWARE, TOOLS, AND

RELATED MATERIALS
Release Date: Thursday, August 14, 2025
Questions Due: Sunday, August 24, 2025, at 11 a.m. P.D.T.

Due Date: Thursday, September 04, 2025, at 11 a.m. P.D.T.

Page | 1

ATTACHMENT A

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TO PROSPECTIVE BIDDERS
The City of Montebello invites your firm to submit a bid in accordance with this Request for Quotations (RFQ). Your response to this request will be evaluated to determine the qualifications of your firm. Bids must adhere to the format and content of this RFQ. Bids will not be evaluated unless all parts requested are submitted in a complete package. The information set forth is the minimum required in order to qualify for consideration. The successful bidder will be required to enter into a standard professional services agreement based on the specifications outlined in this RFQ.

THE DATE OF SOLICITATION:

August 14, 2025
THE PROJECT:

Project Name: Equipment, Hardware, Tools, and Related Materials THE OWNER:

Name: City of Montebello
Address: 1600 W. Beverly Blvd.,
Montebello, CA 90640
Contact: Cesar Roldan, Director of Public Works
Contact Phone: (323) 887-1460
Contact E-Mail: [email protected]

PROPOSAL CONTACTS
Any questions concerning this RFQ and all correspondence must be submitted in writing via email to the following contact:

Name: City of Montebello
Address: 1600 W. Beverly Blvd.,
Montebello, CA 90640
Contact: James Coiner, Deputy Director of Public Works
Contact Phone: (323) 887-1200 ext. 1378
Contact E-Mail: [email protected]
Any questions about this RFQ should be submitted via the City’s PlanetBids Portal by August 24, 2025, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Page | 2

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EQUIPMENT, HARDWARE, TOOLS, AND RELATED MATERIALS
Request for Quotations No. 26-02
Table of Contents
No. Page
I. Notice Inviting Sealed Quotes 4
II. General Scope of Work – Scope of Services 5
III. General Requirements 5
IV. Contract Provisions/Specifications 5
V. Required Information/Bid Format 7
VI. Evaluation Process and Selection Criteria 8
VII. Contract with the City and Anticipated Timing for
Beginning Services
10 VIII. Submittal Requirements 10
Appendix A – References
Appendix B – Sample Professional Services Agreement
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I. NOTICE INVITING QUOTATIONS

FOR EQUIPMENT, HARDWARE, TOOLS, AND RELATED MATERIALS
RFQ NO. 26-02
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 via the PlanetBids vendor portal found on the City of Montebello’s official website up to the hour of 11:00 a.m. on Thursday, September 04, 2025.

Copies of the specifications and contract documents are available from the City of Montebello, 1600 West Beverly Boulevard, Montebello, California 90640.

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, or religion in any consideration leading to the award of contract.

Proposals must be prepared on the approved Proposal forms in conformance with the instructions to Bidders.

The successful Vendor and Subcontractors are notified that they shall comply with all applicable state laws, Montebello Municipal Code, will be required to possess business licenses from the City, and other requirements as set forth in the contract requirements.

Addenda issued during the time of bidding shall become a part of the documents furnished to bidders for the preparation of bids, shall be covered in the bids, and shall be made part of the final contract.

The solicitation of Quotations has been developed in the Request for Quotations (RFQ) format.

Accordingly, bidders should take note that multiple factors as defined in the RFQ will be considered by the City to determine which bid best meets the requirements set forth in the RFQ documents.

Price will be considered as part of the evaluation, but other factors under consideration include, but are not limited to, proposed methodology, quality control program, experience of staff, experience of management team, quality of equipment, tools and uniforms. The City reserves the right to negotiate the terms of any resulting contract. Final contract award, if any, will be made by the Montebello City Council.

The AGENCY reserves the right to accept or reject any or all bids, to waive any irregularity in a bid and to make an award as may serve the interests of the City.

Questions should be directed to James Coiner, Deputy Director of Public Works at [email protected]
THE DATE OF SOLICITATION: Thursday, August 14, 2025
QUESTIONS MUST BE SUBMITTED BY: Sunday, August 24, 2025, at 11:00 a.m. PST SUBMITTAL DUE DATE: Thursday, September 04, 2025, at 11:00 a.m. PST Page | 4

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REQUEST FOR QUOTATIONS
The City of Montebello is seeking bids from qualified hardware/equipment suppliers to provide essential supplies including equipment, hardware, tools, and related materials. Items such as these are essential for routine maintenance, repairs, and infrastructure support. The City seeks to award multiple contracts to allow City Departments the ability to purchase items on an asneeded basis to defer inefficiencies, delays, and operational burdens.

II. SCOPE OF SERVICES
The selected vendors will provide the City with a broad range of equipment, hardware, tools, and related materials, including but not limited to:
• General Maintenance and Repair Supplies: Hand tools, power tools, fasteners, adhesives, lubricants, electrical components, and plumbing fixtures. • Safety Equipment: Personal protective equipment (PPE), first aid supplies, signage, and spill containment.
• Facility and Grounds Maintenance: Cleaning supplies, landscaping tools, HVAC parts, and lighting fixtures.
• Specialty Items: Any other materials necessary for City operations, including emergency response supplies.

The vendors must be able to provide timely deliveries, bulk-order capabilities, and responsive customer service to meet the needs of City departments.

III. GENERAL REQUIREMENTS
To qualify for this contract, vendors must meet the following requirements:
• Possess a valid business license in the State of California. • Have a minimum of five (5) years of experience providing similar products to government agencies, municipalities, or large organizations. • Demonstrate financial stability and the ability to fulfill large-scale purchase orders. • Maintain sufficient inventory and provide timely deliveries upon request. • Maintain compliance with all applicable federal, state, and local regulations related to product safety and procurement.

IV. CONTRACT PROVISIONS AND SPECIFICATIONS
A. Term of Contract

1. The initial term of the contract shall be for three (3) years from the effective date, with up to two (2) optional one-year extensions, subject to City approval and vendor performance.

2. Term to end on the end of the Fiscal year (June 30, 2028)

3. The City reserves the right to extend or amend the contract based on operational needs and funding availability.

B. Pricing and Invoicing

1. Due to fluctuating material and supply chain costs, vendors are not required to submit fixed pricing but must provide a documented pricing structure (e.g., retail price less a defined percentage discount or access to government/municipal pricing tiers).

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2. The vendor shall provide the City with access to real-time pricing through catalogs, portals, or in-store rates.

3. Invoices must be itemized and clearly reflect the retail price, discount applied, and final cost to the City. Invoices shall reference the relevant purchase order number and be submitted to the City’s designated billing contact.

C. Delivery and Fulfillment

1. Vendors must offer multiple fulfillment methods, including:
o In-store pickup,
o Scheduled delivery to City-designated facilities, and/or o Online order and delivery services where available.

2. Delivery timelines must be communicated clearly at the time of order and confirmed in writing when applicable.

3. City Departments may use authorized purchasing cards (P-cards) for same-day in-store purchases.

D. Product Availability and Substitutions

1. Vendors must notify the City of any out-of-stock or discontinued items and propose equivalent alternatives when available.

2. Substituted products must meet or exceed the specifications and quality of the originally requested item.

E. Product Standards and Warranty

1. All items must be new, of commercial-grade quality, and suitable for government operations.

2. Products must comply with all applicable federal, state, and local safety regulations.

3. Manufacturer warranties shall apply to all products purchased; vendors shall assist the City in processing any warranty claims as needed.

F. Customer Support

1. Vendors must designate a corporate or regional representative to serve as the primary liaison to City staff.

2. The vendor shall provide contact information for store-level and account-level customer service for prompt assistance with returns, credits, and inquiries.

G. Termination
The City reserves the right to terminate the contract at any time for convenience with thirty (30) calendar days’ written notice. Immediate termination may occur in the event of:
• Repeated supply failures or non-performance,
• Unreasonable price increases without explanation,
• Unresolved customer service or billing issues.

H. Insurance Requirements
Vendors shall maintain insurance coverage consistent with the City’s standard professional services agreement. Proof of insurance shall be provided upon execution of the contract and annually thereafter.

I. Governing Law and Venue
This contract shall be governed in accordance with the laws of the State of California. Venue shall lie exclusively in the courts of Los Angeles County.

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V. REQUIRED INFORMATION AND BID FORMAT
To be considered for selection, respondent individuals or firms shall submit a bid that addresses each of the following criteria, and shall also provide resumes and evidence of qualifications to provide the services listed in this RFQ. All bids must be electronically submitted through PlanetBids’ Bidder Portal, accessed through the City of Montebello’s officialwebsite:
http://www.montebelloca.gov/departments/finance/requset_for_proposal bids.

All Prospective Bidders must register to bid through the PlanetBids Vendor Portal found on the City of Montebello’s website at the link provided above.

The City reserves the right to reject any and all bids as “non-responsive” for failure to provide the required information and abide by the required format outlined in this RFQ.

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

2. Project Understanding and Approach
• Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully, methodologies and technologies you would employ, key milestones and processes you would employ. Describe what information you would expect the City to supply.

3. Relevant Experience
• Please include information describing your experience providing similar services for public agencies. Provide a minimum of three (3) specific examples of relevant experience. At a minimum, the vendor should provide a list of the most recent projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant) for which the consultant has performed similar services of similar size, scope, and complexity.
• Using Appendix A – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.

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

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

5. Conflict of Interest Statement
• The vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.

6. Customer Service
• Describe how your firm provides responsiveness to phone calls or email from City staff; and discuss your anticipated relationship with the City of Montebello and your organization.

7. Standard Professional Services Agreement
• Include a statement regarding whether the City’s standard professional services agreement is acceptable as is or whether any modification would be proposed.

8. Conflict of Interest Statement
• The vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.
• List any lawsuits or arbitration proceedings that have been initiated by or against your firm in the past five (5) years. Briefly state the nature of the action and the outcome.

VI. EVALUATION PROCESS AND SELECTION CRITERIA
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:

A. Preliminary Proposal Review – The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.

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B. Proposal Evaluation – In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:
i. Qualifications as they relate to this project – 30%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Experience and personnel assigned to the work
d. Communication skills
ii. Reputation for integrity and competence – 10%
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services – 60%
The vendor must satisfy the City of its ability to perform the services required. The vendor must demonstrate and document a history of timely and satisfactory performance of similar projects in a manner, which addresses the stated evaluation criteria. The vendor shall be responsible for the accuracy of information supplied concerning references. In addition, the City may consider evidence of untimely and unsatisfactory performance on prior similar projects, or litigation by the vendor on previous contracts to be grounds for disqualification.

The City reserves the right to reject any or all Quotations, amend the RFQ, and to discontinue or re-open the process at any time. The City reserves the right to request and obtain, from one or more vendors, supplementary information as may be necessary for the City to analyze the proposal pursuant to contract selection criteria. Upon completion of the evaluation phase, the City will select those vendors for interviews whose bids and qualifications most closely conform to the requirements of this RFQ, if required. The vendor, by submitting a response to this RFQ, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ. The City may choose to interview one or more firms responding to this RFQ, and may enter into more than one contract with multiple individuals or firms, if City determines that is the best way to address the full range of services needed under this RFQ.

Questions during the solicitation period are preferably received by email, and may be addressed to:

Attn: James Coiner
Deputy Director of Public Works
[email protected]
1600 W. Beverly Blvd.

Montebello, CA 90640
(323) 887-1200 ext. 1378
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VII. CONTRACT WITH THE CITY AND ANTICIPATED TIMING FOR BEGINNING

SERVICES
The selected vendor will be required to enter into an Agreement with the City. The Agreement will include the final scope of work that is negotiated with the vendor. The City Manager is the authorizing entity to issue contracts with the Montebello City Council approval, and the contract will not take effect until it is approved by the City Council (as required) and fully executed by Vendor and City.

During the term of the contract, the Vendor will be required to keep informed of applicable local, State and Federal laws and regulations, including, but not limited, to those pertaining to conflict of interest, which in any manner affect those employed by the vendor or in any way affect the performance of the requested services.

The City’s standard professional services agreement is attached, including insurance requirements. As part of your proposal, please indicate whether the standard agreement is acceptable or whether you would like to propose modifications to the standard agreement.

VIII. SUBMITTAL REQUIREMENTS
Proposals will be received through 11:00 A.M. on Thursday, September 04, 2025.

All bids must be Electronically submitted through PlanetBids’ Bidder Portal, accessed through the City of Montebello’s official website at
http://www.montebelloca.gov/departments/finance/requset_for_proposal bids.

Please review:

Appendix A – References
Appendix B – Sample Professional Services Agreement
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ITEM # 26

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: ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP-L) CYCLE 7 VARIOUS INTERSECTION
IMPROVEMENTS PROJECT NO. HSIPL-5247(024) (CP 851)
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Accept the Highway Safety Improvement Program (HSIP) Cycle 7 Various Intersection Improvements (CP 851) by Alfaro Communication Construction, Inc.; and

2. Approve the final contract amount with Alfaro Communication Construction, Inc. in the amount of $1,261,310 including change orders; and

3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $13,261 in Account No. 215-99-7116 (Proposition C, Non-Departmental, Improvements Other Than Building); and

4. Approve the Final Total Project Budget in the amount of $1,261,310 (Attachment A); and

5. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and

6. Authorize the release of the retention payment of $63,069 due to Alfaro Communication Construction, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and

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

FISCAL IMPACT:

The final project budget (Attachment A) reflects the City Council’s previously approved appropriations of $1,248,050 and outlines total project expenditures of $1,261,310. This

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results in the need to increase appropriations by $13,261. One of the recommended actions is to amend the Fiscal Year 2025-26 budget by increasing appropriations by $13,261 in Account No. 215-99-7116 (Proposition C, Non-Departmental, Improvements Other Than Building).

While the additional work exceeded the approved budget, it was necessary to address critical issues. To install advanced traffic signal loops, the City was required to encroach into Los Angeles County’s right-of-way, which necessitated the payment of a permit fee.

Additionally, to enhance safety and prevent potential fatal accidents at the intersection of Findlay Avenue and Via Campo, the City directed Alfaro Communication Construction, Inc. to install new K-rail barriers to stop drivers from making wrong-way turns.

The project utilized funding from two sources: $833,112 from Account No. 265-3015- 2016-079 (Grants, HSIPL-5247(024), FY 2016-17, HSIP) and $301,479.04 from Account No. 215-99-7116 (Proposition C, Non-Departmental, Improvements Other Than Building). Additionally, staff requested $113,459 in contingency funds from Account No. 215-99-7116 (Proposition C, Nondepartmental, Improvements Other Than Building), in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that would affect the project's cost.

BACKGROUND/DISCUSSION:

On August 14, 2024, the City Council approved a $1,134,591 construction contract with Alfaro Communication Construction, Inc. and a 10% construction contingency for $113,459 for any unforeseen events that may affect the project. HSIP Cycle 7 (CP 851) focused on traffic signal upgrades at the intersections of Via Campo and Findlay Avenue, Garfield Avenue and Whittier Boulevard, and Garfield Avenue and Via Campo. This project utilized HSIP-L grant funds and Proposition C local return funds.

The segment of Via Campo at the subject intersections is an eastbound one-way street that serves as a frontage road along the south side of State Route 60 (SR-60, the Pomona Freeway). Pomona Boulevard, on the north side of the freeway, serves as the westbound road of the one-way couplet. Findlay Avenue is a two-lane residential roadway that passes through a freeway undercrossing and intersects the couplet streets.

The intersection of Findlay Avenue and Via Campo is controlled by a two-phase traffic signal. Garfield Avenue and Via Campo and Garfield Avenue and Whittier Boulevard are major arterials with similar signalized attributes.

The project was deemed to be substantially completed on August 13, 2025. PSOMAS, the engineering firm who was overseeing and inspecting the project, provided daily inspection reports and determined that the project was completed satisfactorily and in compliance with the contract specifications.

It is recommended that the City Council accept the project as satisfactory and complete pursuant to Civil Code Section 3093. Upon acceptance of the project, staff will file the “Notice of Completion” with the County Recorder’s Office for the project. Thirty-five (35) days after the recordation of the NOC by the County Recorder’s Office, the City will release all applicable bonds and release the retention if no Stop Notices are filed within

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the 35-day period.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff is recommending that the City Council accept the Project as completed; amend the Fiscal Year 2025-26 budget by increasing appropriations by $13,261 in Account No. 215- 99-7116 (Proposition C, Non-Departmental, Improvements Other Than Building); approve the final Project budget and expenditures, including change orders, in the amount of $1,261,310; authorize the City Clerk to execute, verify and file the Notice of Completion with the Los Angeles County Registrar-Recorder; and authorize release of the retention payment due to Alfaro Communication Construction, Inc. following the mandatory waiting period from the date the NOC is recorded.

ATTACHMENT(S)

1. Attachment A - Project Budget Expense

2. Attachment B - Notice of Completion

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Project Expenses Final Cost
Invoice No. 20241017 $ 1,469.03
Invoice No. 2 (Includes Construction Change Orders No. 1 & 2) $ 938,483.31 Invoice No. 3 $ 109,458.88
Invoice No. 4 (Includes Construction Change Order No. 3 & Partial Construction Change Order No. 4) $ 120,829.85
Invoice No. 5 (Includes Partial Construction Change Order No. 4 & Construction Change Order No. 5) $ 27,999.71
Construction Change Order No. 1 - $37,462.12
Construction Change Order No. 2 - $75,377.47
Construction Change Order No. 3 - $13,956.84
Rention Payment $ 63,069.37
Total Project Cost: $ 1,261,310.15
Project Funding Budget Amount
Original Construction Contract (Alfaro Communications Construction, Inc.) - Awarded 8/14/24 City Council Meeting $ 1,134,591.00
Construction Contingency 10% - Awarded 8/14/25 City Council Meeting $ 113,459.00 Total Project Budget: $ 1,248,050.00
Project Deficit: $ (13,260.15)
Montebello Highway Safety Improvement Program Cycle 7 Various Intersection Improvements (CP 851) Federal Project No. HSIPL-5247(024)
$ 126,796.43
Attachment A

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RECORDING REQUESTED BY

CITY OF MONTEBELLO

AND WHEN RECORDED MAIL TO

NAME CITY OF MONTEBELLO

CITY CLERK
STREET 1600 W Beverly Blvd.

ADDRESS
CITY Montebello,

STATE CA
ZIP 90640 SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Montebello

3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640

4. The nature of the interest or estate of the owner is: in fee. (if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES
_______________________________________________________________________________________________

6. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
____________________________________________________________________________________________

7. A work of improvement on the property hereinafter described was completed on August 13, 2025. The general scope of work consisted of upgrading traffic signal polls at three intersections which include Via Campo and Findlay Avenue, Garfield Avenue and Whittier Boulevard, and Garfield Avenue and Via Campo.

8. The name of the contractor, if any, for such work of improvement was Alfaro Communication Construction, Inc.

August 14, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Highway Safety Improvement Program Cycle 7 Various Intersection Improvements (CP 851) Federal Project No. HSIPL-5247(024)
Director of Public Works / City of Montebello___ (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _________________, 2025 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)
Attachment B

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DO NOT RECORD

REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.

The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.

For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice.

If the ownership is in two or more persons as joint tenants or tenants is common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.

Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors.

In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state.

As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvements”); (2) Insert the name of the contractor under the particular contract in paragraph 7.

In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor’s name need be given if there is no general contractor, e.g., on so-called “owner-builder jobs.”
In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.

In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority.

This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changes proper to your transaction. Consult a lawyer if you doubt the form’s fitness for your purpose.

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ITEM # 27

CITY OF MONTEBELLO

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

BY: Cesar Roldan, Director of Public Works
SUBJECT: AWARD AGREEMENT NO. 4372 TO VOLTAIRE ENGINEERING, INC.

FOR THE RIO HONDO ACCESS IMPROVEMENT PROJECT PHASE II
(CP 924-2)
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Award Agreement No. 4372 to Voltaire Engineering for the Rio Hondo Access Improvement Project (Phase II, Sign) (CP 924-2) as the most responsive, responsible bidder for the amount of $380,098; and

2. Approve a construction contingency in the amount of $19,902; and

3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $400,000 in Account No. 600-90-910-6040.10 (Transit, Transportation, Operations, Outside Contract Services); and

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

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

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

FISCAL IMPACT:

Staff recommend awarding Agreement No. 4372 to Voltaire Engineering as the most responsive and responsible bidder for the amount of $380,098. Additionally, a construction contingency in the amount of $19,902 is requested in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life, bringing the total contract amount to $400,000.

This project will be paid for utilizing Transit Fund appropriations. Given the proximity of

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a bus stop to the Rio Hondo River Access Improvement Project (Grant Rea Drive and Beverly Blvd), as well as the design of the access point project to serve as a multi-modal transportation link (e.g., bicycle, horseback, walking, public transit, etc.), use of Transit funding for this portion of the project is reasonable and acceptable. The recommended actions include amending the Fiscal Year 2025-26 budget by increasing appropriations by $400,000 in Account No. 600-90-910-6040.10 (Transit, Transportation, Operations, Outside Contract Services).

BACKGROUND/DISCUSSION:

On October 13, 2021, City Council approved Resolution 21-82 authorizing application for a Los Angeles County Regional Park and Open Space District (RPOSD) Measure A Competitive Grant. Staff applied for the Regional Recreation Facilities, Multi-Use Trails and Accessibility Program, which aims to improve, connect, and protect regional recreational facilities and trails.

On June 2, 2022, the City accepted the award of competitive grant funds and entered into an agreement with Los Angeles County RPOSD for the Rio Hondo River Access Improvement Project (AIP). The Rio Hondo River AIP aims to improve connections from the Rio Hondo River entrance to Beverly Boulevard and Grant Rea Park. The project includes the addition of amenities such as an electronic sign (Phase II of the overall project). The City successfully completed the first phase of the Rio Hondo Access Improvement Project as of June 11, 2025, which features ADA-accessible amenities, picnic areas, benches, bicycle racks, sustainable landscaping, and lighting.

The Notice Inviting Bids (NIB) for the sign portion of hte project was published on June 26, 2025 in a local newspaper of general circulation. Bidders accessed the contract specifications via PlanetBids. Bids were received electronically via PlanetBids on July 23, 2025. The following is the tabulation based on the order of when the bids were received:

Contractors Total
1 Voltaire Engineering $380,098.00
2 Square Signs, LLC. $389,000.00
3 Estate Design & Construction, Inc. $420,000.00
4 VSI Technologies $425,000.00
The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Based on the bid review, staff recommendation is to award Voltaire Engineering the contract agreement (Attachment A) as the most responsive, responsible bidder. The remaining bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis are included in Attachment B.

ENVIRONMENTAL:

N/A

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ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council award Construction Contract Agreement No. 4372 (Attachment A) to Voltaire Engineering, Inc. for the Rio Hondo Access Improvement Project (Phase II, CP 924-2) in the amount of $380,098, as well as authorize a construction contingency of $19,902, for a total not to exceed contract amount of $400,000. The recommended actions also require amending the Fiscal Year 2025-26 budget by increasing appropriations by $400,000 in Account No. 600-90-910-6040.10 (Transit, Transportation, Operations, Outside Contract Services). Furthermore, staff recommend authorizing the City Clerk’s Office to release all other bidders' bonds, and authorizing the City Manager to execute the agreement and any change orders in good faith.

ATTACHMENT(S)

1. Attachment A - Professional Services Agreement No. 4372 with Voltaire Engineering Inc

2. Attachment B - Bid Results

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PROFESSINAL SERVICES AGREEMENT NO. 4372
WITH VOLTAIRE ENGINEERING, INC.

THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on August 13, 2025, (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and VOLTAIRE ENGINEERING INC., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before July 23, 2025, published on June 26, 2025, for the work on the Rio Hondo Access Improvement Project Sign(CP-924-2) (“PROJECT”).

WHEREAS, on August 13, 2025, 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:

SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Addendums, CONTRACTOR’s Bid for the PROJECT, Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the 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 and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.

2. Appendices

3. Standard drawings

4. Details
Attachment A

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STANDARD PUBLIC WORKS AGREEMENT NO. 4372

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5. Special Provisions, if any

6. Addendums

7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids
SECTION 2. THE WORK
For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.

SECTION 3. TERM; AND TIME FOR COMPLETION
a. This Agreement shall expire June 30, 2026, from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional six (6) months upon such terms and conditions mutually agreed upon by the Parties in writing.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.

SECTION 4. COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount of Four Hundred Thousand Dollars ($400,000), 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.

4.1. Progress Payments
Progress Payments shall be made in accordance with Section 7 the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public

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Contract Code Section 20104.50. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request.

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

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

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

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

SECTION 5. UNDOCUMENTED WORKERS
CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify

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and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.

SECTION 6. NOTICE TO PROCEED
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within Seventy-Five (75) Working Days from the commencement thereof.

SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS
a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB-CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:

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

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

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order. d. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

8.1. CONTRACTOR License.

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

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8.2. Ineligible CONTRACTOR Prohibited.

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

8.3. Compliance with SB 854 Registration.

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

8.4. Trench and Pipeline Safety.

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

8.5. Utility Relocation.

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

8.6. Third Party Claims Notification.

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

8.7. Unfair Business Practices Claims.

The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the

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parties. (Section 7103.5, California Public Contract Code.).

8.8. Day’s Work.

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

8.9. Payroll Records.

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

8.10. Employment of Apprentices.

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

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

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

SECTION 9. PREVAILING WAGES

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a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS. b. The following Labor Code sections are hereby referenced and made a part of this Agreement:

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.

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SECTION 11. BONDS
a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a Performance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.
b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”
SECTION 12. INSURANCE REQUIREMENTS
a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.
b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
SECTION 13. LIQUIDATED DAMAGES
In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore, if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the CITY 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. Such sum is liquidated damages and

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shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.

SECTION 14. DISPUTE RESOLUTION

14.1. Claims of $375,000 or Less
a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

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

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

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

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

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

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

SECTION 15. TERMINATION.

15.1. Termination for Convenience.

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

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belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.

15.2 Termination for Default.

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

15.3 Waiver of Remedies for any Breach.

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

SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

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

SECTION 17. COMPLIANCE WITH APPLICABLE LAWS

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

SECTION 18. NOTICE OF COMPLETION
Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

SECTION 19. AUTHORITY
Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.

SECTION 20. ENTIRE AGREEMENT
This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.

SECTION 21. ATTORNEY’S FEES AND COSTS
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.

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

SECTION 22. INDEPENDENT CONTRACTOR
CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent CONTRACTOR. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees

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or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY, nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.

SECTION 23. NOTICE
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Public Works Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: Voltaire Engineering, Inc.

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

SECTION 24. PROHIBITION AGAINST ASSIGNMENT
The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the

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

SECTION 25. CUMULATIVE REMEDIES
The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.

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

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

CITY OF MONTEBELLO
(“CITY”)
By: ___________________________________
Raul Alvarez, City Manager
Date: _______
ATTEST:
_____________________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM
_______________________________________
Arnold M. Alvarez-Glasman, City Attorney
VOLTAIRE ENGINEERING, INC.
(“CONTRACTOR”)
By:
________________________________
Peter Delgado, CEO, CFO, SEC.

Date: _______
EXHIBITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Performance Bond
• Exhibit C – Labor and Materials Payment Bond
• Exhibit D – Contractor’s Proposal

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EXHIBIT “A”

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

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

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

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

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

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

2. Automobile Liability.

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

3. Worker's Compensation.

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

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CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement, 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 Agreement.

4. Additional Insureds.

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

5. Notice of Cancellation.

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

6. Severability Clause.

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

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

7. Qualifications of Insurer.

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

8. Approval of Insurer.

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

9. Payment of Premiums.

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

10.Subrogation.

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To the fullest extent permitted by law, the Contractor hereby waives its rights and its insurer(s)’ rights of recovery against the City of Montebello under all the required insurance for any loss arising from or relating to this Contract. The Contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver.

11.Evidence of Insurance and Claims.

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

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

PERFORMANCE BOND

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

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

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

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

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

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

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does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

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

Principal
By: __________________________________
Title: ________________________________
Surety
By: __________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached)

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APPROVED AS TO FORM:
_________________________
City Attorney

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

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

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

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

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work agreed 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 Agreement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's

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

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

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

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

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

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

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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
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 “D”
Contractor’s Proposal

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CEO, CFO, SEC.

VOLTAIRE ENGINEERING, INC.
15,000 15,000
1,200 1,200
4,500 4,500
80,000 80,000
279,398 279,398
380,098
THREE HUNDRED EIGHTY THOUSAND DOLLARS.

NINETY EIGHT DOLLARS

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Encore Image
303 West Main Street Ontario Ca 91762
#4 Billboard 190,000 CSLB@ 1113762
DIR #1001187409
50%

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"PLEASE SEE ATTACHED"
Orr & Associates Insurance Services | License 0E63493
P: 858-699-5442 F: 951-380-7001 M: 858-699-5442

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VOLTAIRE ENGINEERING,
INC.

COMPLETED AND ON-GOING PROJECTS
Instagram @VOLTAIRELLC44
6/23/2025

PETER DELGADO
CSLB # 1120610 Class. A.B.

DIR # PW-LR-1001073453
1460 Cambridge AVE
Redlands CA 92374
909-747-8414
Email. [email protected]
Project: GLEN ARBOR DOG PARK. Started 4/23/25 -ON-GOING Contract Amount: $924,277
Brian Crawford- Tel 951-461-6047
Project Manager
[email protected]
City of Murrieta /Public Works Department
Project: RIO HONDO IMPROVEMENTS. Started 2/7/25 -COMPLETED 5/5/25 Contract Amount: $437,518
Adan Ramirez- Tel 323-887-1462
Project Manager
[email protected]
City of Montebello/Public Works Department
Project: Santa Ana River Trail Improvements. Start 9/9/24 COMPLETED 11/21/24 Contract Amount: $232,037.00
David Hatch
Chief of Inspectors
[email protected]
City of Riverside/Public Works Department

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2 3900 Main Street
Riverside, CA 92501
Direct: 951-826-5723
Project: Berkshire Place Bridge over Flint Canyon Channel - Approach Barriers and Guard Rail: Start 8/5/24, completed 9/3/24
Contract Amount: $278,826.00
Maged El-Rabaa, P.E.

City Engineer
Public Works Department
City of La Cañada Flintridge
One Civic Center Drive
La Cañada Flintridge, CA 91011
Office: (818) 790-8882,Ext 205 | E: [email protected] Pasadena Unified School District- 100% Completed 7/25/24 as a Sub for Building Resources Inc.

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

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

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

Contract Amount: $221,000 @VOLTAIRELLC44
Contact Person: Wendy Mojica, Project Director
Tel: 714-785-8195
City of Inglewood 100% Completed 6/4/23 IG @VOLTAIRELLC44 Project Name: “Vincent Park Soccer Field Parking Area Improvement Project” Contract Amount: $198,049.88
Contact Person: Kenrick Sanderlin, Associate engineer
Email: [email protected]
Tel: 310-412-5333

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3 City of Corona Slope Repair Project IG 100 % Complete 5/30/24 @VOLTAIRELLC44 Contract Amount: $478,759.02
Tel: Alan Zhang . Associate Engineer.

Office: 951-736-2236
Email: [email protected]
City of Riverside 100% Complete 11/14/23 IG @VOLTAIRELLC44 Project Name: Rustin Ave sidewalk improvements
Contract Amount: $158,258.00
Contact Person: David Hatch, Chief of Inspectors. Email: [email protected] Tel: 951-826-5723
City of Rancho Cucamonga 100% Complete 11/16/23 IG@VOLTAIRELLC44 Project Name: Arbor Substation improvements
Contract Amount: $497,512.00
Contact Person: Trina Valdez,
Email: [email protected]
Utilities Operations Supervisor
Tel: 909-774-4014
City of Inglewood 100% Completed 12/11/23 IG @VOLTAIRELLC44 Project Name: VINCENT PARK DECOMPOSED GRANITE PROJECT, CB-23-16 Contract Amount: $190,800
Contact Person: Hung Nguyen-Hunter.

Email: [email protected]
Tel: 310-412-5111
County of Los Angeles Public Works 100% Complete. IG @VOLTAIRELLC44 as Sub for HHJ
Project Name: Nicholas Canyon State Beach
Contract Amount: $360,000
Contact Person: Edward Kim, Project Manager
Tel: 818-335-3813

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VOLTAIRE ENGINEERING, INC.

PETER DELGADO

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MONTEBELLO

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N/A
N/A

PETER DELGADO
CEO, CFO, SEC.
909-747-8414 5/22/25

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PETER DELGADO, CEO, CFO, SEC. 1460 CAMBRIDGE AVE, REDLANDS CA 92374. 909-747-8414 EVETTE MENDOZA, VP. 1460 CAMBRIDGE AVE, REDLANDS CA 92374. 909-747-8414

PETER DELGADO
1460 CAMBRIDGE AVE, REDLANDS CA 92374
909-747-8414
1120610 A&B
1/18/21 5/31/26
N/A
N/A

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Voltaire
Engineering
Voltaire
Engineering Square Signs LLC Square Signs LLC Estate Design and Constrcution Inc Estate Design and
Constrcution Inc
VSI

TECHNOLOGIES
VSI

TECHNOLOGIES
Item
No.

Item Description Qty. Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization 1 LS $ 80,000.00 $ 80,000.00 $ 12,000.00 $ 12,000.00 $ 21,000.00 $ 21,000.00 $ 20,000.00 $ 20,000.00 2 Traffic Control 1 LS $ 15,000.00 $ 15,000.00 $ 12,400.00 $ 12,400.00 $ 33,600.00 $ 33,600.00 $ 7,200.00 $ 7,200.00 3 Implementation of BMPs 1 LS $ 1,200.00 $ 1,200.00 $ 2,000.00 $ 2,000.00 $ 27,300.00 $ 27,300.00 $ 7,000.00 $ 7,000.00 4 Electronic billboard, l 0mm pixel Watchfire LED Display 1 LS $ 279,398.00 $ 279,398.00 $ 340,000.00 $ 340,000.00 $ 287,700.00 $ 287,700.00 $ 280,000.00 $ 280,000.00 5 Southern California Edison Connection 1 LS $ 4,500.00 $ 4,500.00 $ 22,600.00 $ 22,600.00 $ 50,400.00 $ 50,400.00 $ 110,800.00 $ 110,800.00 $ 380,098.00 $ 389,000.00 $ 420,000.00 $ 425,000.00
Bid Results
CP 924-2 - RIO HONDO RIVER ACCESS IMPROVEMENT PROJECT SIGN Attachment B

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ITEM # 28

CITY OF MONTEBELLO

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

BY: Cesar Roldan, Director of Public Works
SUBJECT: AWARD AGREEMENT NO. 4373 TO CERTIFIED ROOFING
APPLICATORS, INC. THE FOR FIRE STATION #56 REMODELING
PROJECT (CDBG) (CP 923)
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Award Agreement No. 4373 to Certified Roofing Applicators for the Fire Station #56 Remodeling Project (CP 923) as the most responsive, responsible bidder for the amount of $751,120 payable from Account No. 255-50-7115 (CDBG, Community Development, Building Improvements); and

2. Approve a construction contingency in the amount of $28,258 payable from Account No. 255-50-7115 (CDBG, Community Development, Building Improvements), bringing the total contract amount to $779,378; and

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

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

5. Reject VSI Technologies as the lowest bidder for failing to attend the Mandatory Job Walk held on July 7, 2025, at 10:00 AM, a requirement for bid eligibility for this project; and

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

FISCAL IMPACT:

Annually, the U.S. Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of Montebello.

Specifically, the Community Development Block Grant (CDBG) allocated funding in the amount of $1,970,964 during the Fiscal Year 2020-21 funding cycle. At the City Council

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meeting of August 26, 2020, it was decided that a portion of the CDBG funds would be earmarked for the Fire Station #56 Renovation Project. In 2025, the CDBG Action Plan reflected the allocation of funds for the removal and replacement of the roof at Fire Station #56.

Staff recommend awarding the agreement to Certified Roofing Applicators as the most responsive and responsible bidder for the amount of $751,120. Additionally, a construction contingency in the amount of $28,258 is requested in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost, bringing the total contract amount to $779,378 payable from Account No. 255-50-7115 (CDBG, Community Development, Building Improvements).

The Fiscal Year 2025-26 adopted budget included funding in this amount in the CDBG Fund (Fund 255). Therefore, no budget amendment is needed as part of the recommended actions.

BACKGROUND/DISCUSSION:

On June 25, 2025, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for the the Fire Station #56 Remodeling Project (CDBG) (CP 923).

The Fire Station #56 Renovation Project is located at 1166 S. Greenwood Avenue, and it aims to rehabilitate the roof, which leaks when it rains. It has been several years since the sloped roofs received new shingles, and the flat roofs have not been fully replaced since they were installed. One of the key repairs that will be made as part of the project is to re-slope the flat roof. The roof currently retains water and drips because it does not properly drain. The HVAC will be removed and replaced, though it was not included as part of the bid specifications.

The NIB was published on June 26, 2025, in a local newspaper of general circulation.

Bidders accessed the contract specifications via PlanetBids. Bids were received electronically via PlanetBids on July 23, 2025. The following is the tabulation based on the order in which the bids were received:

Contractors Bid Total
1 VSI Technologies $421,400
2 Certified Roofing Applicator, Inc. $751,120
The bid analysis was conducted to ensure the selected contractor met all state and local requirements and represented the most responsive and responsible bid. During the review, it was determined that VSI Technologies did not attend the mandatory job walk held on July 7, 2025, at 10:00 AM. Attendance at this meeting was a prerequisite for bid eligibility, as it provided critical information regarding the materials and specifications necessary to ensure the long-term durability of the Fire Station building. As a result of their non-attendance, VSI Technologies’ bid was deemed ineligible. A copy of the Mandatory Job Walk sign-in sheet is attached (Attachment C) for review.

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Therefore, staff recommends awarding the construction contract (Attachment A) to Certified Roofing Applicators, Inc. as the most responsive and responsible bidder. The remaining bid proposals are available in the City Clerk’s Office for review, and the itemized bid results for comparative analysis are included in Attachment B.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommend awarding Agreement No. 4373 to Certified Roofing Applicators, Inc. for the the Fire Station #56 Remodeling Project (CP 923) as the most responsive and responsible bidder, in the amount of $751,120, payable from Account No. 255-50-7115 (CDBG, Community Development, Building Improvements). In addition, staff recommend approving a construction contingency of $28,258 from the same account, bringing the total contract amount to $779,378.

Staff further recommend authorizing the City Clerk’s Office to release all other bidders’ bonds and authorize the City Manager to execute the construction contract agreement and all related change orders in good faith. Staff also recommend rejecting the proposal submitted by VSI Technologies, due to their failure to attend the Mandatory Job Walk held on July 7, 2025, at 10:00 AM. Attendance at the Job Walk was a required prerequisite, established to ensure all prospective bidders were properly informed of the project’s specifications and material requirements, particularly given that the facility is designated for emergency use.

ATTACHMENT(S)

1. Attachment A - Professional Services Agreement No. 4373

2. Attachment B - Bid Results

3. Attachment C - CP 923 (Job Walk Sign-In Sheet)

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ATTACHMENT A
CONSTRUCTION CONTRACT AGREEMENT NO. 4373
WITH CERTIFIED ROOFING APPLICATORS, INC.

THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on August 13, 2025, (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and CERTIFIED ROOFING APPLICATORS, INC., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before July 23, 2025, published on June 26, 2025, for the work on the Fire Station #56 Remodeling Project (CDBG) (CP 923) (“PROJECT”).

WHEREAS, on August 13, 2025, 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:

SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Addendums, CONTRACTOR’s Bid for the PROJECT, Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bonds, and insurance certificates. All of the 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 and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.

2. Appendices

3. Standard drawings

4. Details

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5. Special Provisions, if any

6. Addendums

7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids
SECTION 2. THE WORK
For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.

SECTION 3. TERM; AND TIME FOR COMPLETION
a. This Agreement shall expire June 30, 2026, from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional six (6) months upon such terms and conditions mutually agreed upon by the Parties in writing.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.

SECTION 4. COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount of Seven Hundred Fifty-One Thousand, One Hundred Twenty Dollars ($751,120), 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.

4.1. Progress Payments
Progress Payments shall be made in accordance with Section 7 the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public

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Contract Code Section 20104.50. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request.

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

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

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

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

SECTION 5. UNDOCUMENTED WORKERS
CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify

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and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.

SECTION 6. NOTICE TO PROCEED
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within One Hundred Twenty (120) Working Days from the commencement thereof.

SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS
a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB-CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:

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

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

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order. d. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

8.1. CONTRACTOR License.

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

8.2. Ineligible CONTRACTOR Prohibited.

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

8.3. Compliance with SB 854 Registration.

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

8.4. Trench and Pipeline Safety.

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

8.5. Utility Relocation.

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

8.6. Third Party Claims Notification.

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

8.7. Unfair Business Practices Claims.

The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or

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the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).

8.8. Day’s Work.

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

8.9. Payroll Records.

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

8.10. Employment of Apprentices.

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

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

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

SECTION 9. PREVAILING WAGES

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a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS. b. The following Labor Code sections are hereby referenced and made a part of this Agreement:

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.

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SECTION 11. BONDS
a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a Performance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.
b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”
SECTION 12. INSURANCE REQUIREMENTS
a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.
b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
SECTION 13. LIQUIDATED DAMAGES
In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore, if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the CITY 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. Such sum is liquidated damages and

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shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.

SECTION 14. DISPUTE RESOLUTION

14.1. Claims of $375,000 or Less
a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

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

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

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

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

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

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

SECTION 15. TERMINATION.

15.1. Termination for Convenience.

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

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belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.

15.2 Termination for Default.

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

15.3 Waiver of Remedies for any Breach.

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

SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

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

SECTION 17. COMPLIANCE WITH APPLICABLE LAWS

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

SECTION 18. NOTICE OF COMPLETION
Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

SECTION 19. AUTHORITY
Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.

SECTION 20. ENTIRE AGREEMENT
This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.

SECTION 21. ATTORNEY’S FEES AND COSTS
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.

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

SECTION 22. INDEPENDENT CONTRACTOR
CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent CONTRACTOR. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees

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or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY, nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.

SECTION 23. NOTICE
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Public Works Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: CERTIFIED ROOFING APPLICATORS, INC.

Attn: Shahan Kaprielian, President
11914 Front Street Suite C
Norwalk, CA 90650
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 24. PROHIBITION AGAINST ASSIGNMENT
The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the

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

SECTION 25. CUMULATIVE REMEDIES
The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.

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

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

CITY OF MONTEBELLO
(“CITY”)
By: ___________________________________
Raul Alvarez, City Manager
Date: _______
ATTEST:
_____________________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM
_______________________________________
Arnold M. Alvarez-Glasman, City Attorney

CERTIFIED ROOFING APPLICATORS,
INC. (“CONTRACTOR”)
By:
________________________________
Shahan Kaprielian, President .

Date: _______
EXHIBITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Performance Bond
• Exhibit C – Labor and Materials Payment Bond
• Exhibit D – Contractor’s Proposal

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EXHIBIT “A”

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

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

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

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

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

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

2. Automobile Liability.

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

3. Worker's Compensation.

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

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CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement, 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 Agreement.

4. Additional Insureds.

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

5. Notice of Cancellation.

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

6. Severability Clause.

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

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

7. Qualifications of Insurer.

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

8. Approval of Insurer.

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

9. Payment of Premiums.

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

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10.Subrogation.

To the fullest extent permitted by law, the Contractor hereby waives its rights and its insurer(s)’ rights of recovery against the City of Montebello under all the required insurance for any loss arising from or relating to this Contract. The Contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver.

11.Evidence of Insurance and Claims.

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

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

PERFORMANCE BOND

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

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

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

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

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

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

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does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

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

Principal
By: __________________________________
Title: ________________________________
Surety
By: __________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached)

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APPROVED AS TO FORM:
_________________________
City Attorney

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

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

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

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

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work agreed 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 Agreement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's

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

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

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

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

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

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

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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
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 "D"

CONTRACTOR'S PROPOSAL

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VSI Technologies VSI Technologies Certified Roofing
Applicators Inc
Certified Roofing
Applicators Inc
Item
No.

Item Description Qty. Unit
Unit Price Total Unit Price Total
1 Sloped Tile: Roof, Demo, Remove, Furnish and Install
Secure Guard 60 Self-Adhered Tile Underlayment,
Furnish, Install Eagle Product SMB 8820 Santa Clara
Blend, Tiles Nailed Down, install all new necessary metal flashings
1 LS
$ 170,000.00 $ 170,000.00 $ 225,000.00 $ 225,000.00
2 Flat Roof: Demo, Remove, Furnish, and install ½ GeorgiaPacific Dens Deck Prime Roof Board, install new roof drains, install 45 mil single-ply
Hypalon membrane, replace skylight lenses,
install new Kynar metal coping, install walkway
pad and Safety Railing System around roof Hatch.
1 LS
$ 101,400.00 $ 101,400.00 $ 376,120.00 $ 376,120.00
3 Plywood sheathing cost per sheet installed – AS
NEEDED. All Bidders must utilize this specific figure for this specific item when submitting a formal bid.
1 LS
$ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00
$ 421,400.00 $ 751,120.00
Bid Results
CP 923 - Fire Station 56 Remodeling Project (CBDG)
Attachment B

Page 1058 of 1585 ends

Attachment C

Page 1059 of 1585 ends

ITEM # 29

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 PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF FISCAL YEAR 2024-25 SB1 RUBBERIZED ASPHALT STREET
ENHANCEMENT PROJECT (CP 938) AND PROCEED WITH BID

ADVERTISEMENT
DATE: August 13, 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 construction plans and specifications for Fiscal Year 2024-25 SB 1 Rubberized Asphalt Street Enhancement Project (CP 938); and

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

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

FISCAL IMPACT:

Approval of this action will allow staff to proceed with the bidding of this capital project.

As soon as staff evaluate all bids, a recommendation will be made at the September 24, 2025 City Council meeting and include a well-defined structured budget.

BACKGROUND/DISCUSSION:

This project aims to resurface various streets adopted via Resolution No. 24-34 as part of the Fiscal Year 2024-25 SB1 Rubberized Asphalt Street Enhancement Project (CP 938). The following are the streets and their respective limits:

Page 1060 of 1585 ends

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

Page 2 of 3 ends

STREET FROM TO
1 1
st Street Poplar Way Whittier Boulevard
2 Via Campo Garfield Avenue Gerhart Avenue
3 Vail Avenue Beverly Boulevard Washington Boulevard
4 Madison Avenue Vail Avenue Wilcox Avenue
5 18th Street Beverly Boulevard Whittier Boulevard
6 16th Street Cleveland Avenue Madison Avenue
7 Cleveland Avenue Maple Avenue Montebello Boulevard
8 Via Val Verde Concourse Avenue Beverly Boulevard
9 Maple Avenue Loma Road Westmoreland Drive
10 Perry Avenue Germain Drive Westmoreland Drive
The final construction plans and specifications are completed in accordance with applicable engineering standard specifications and are consistent with the City’s procurement and purchasing policies. The City Council is required to approve and adopt construction documents and authorize the bid request for all public projects. The bid advertisement process 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 Chaper 3.20.110 - Bidding procedure prescribed.

With City Council's approval, staff will advertise the project for bid in a local newspaper of general circulation and submit the Notice Inviting Bid (NIB) to PlanetBids. The following tentative schedule has been identified for the bid process:

Tasks Timeline
Bid Period August 14, 2025 – September 10, 2025
Questions Request for Information
due date
August 25, 2025 at 12:00 PM
City Responses to Request for
Information due date
August 28, 2025 at 5:00 PM
Bid Opening September 10, 2025 at 11:00 AM
Award of Contract (Tentative) date September 24, 2025 City Council Meeting Commence Construction Project October 2025
Complete Construction January 2026
Close out Project March 2026

Page 1061 of 1585 ends

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

Page 3 of 3 ends

ENVIRONMENTAL:

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regards to traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project (Attachment B).

ANALYSIS:

N/A
SUMMARY:

Staff recommends City Council approve the Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under CEQA; adopt the construction plans and specifications for the FY 2024-25 SB 1 Rubberized Asphalt Street Enhancement Project (CP 938); and authorize staff to proceed with the bid advertisement for construction.

ATTACHMENT(S)

1. Attachment A - FY 2024-25 SB 1 Rubberized Asphalt Street Enhancement Project – CP 938 Contract Plans

2. Attachment B - FY 2024-25 SB 1 Rubberized Asphalt Street Enhancement Project – CP 938 Contract Specifications

3. Attachment C - CEQA NOE

Page 1062 of 1585 ends

CALVARY CHAPEL

REGGIE RODRIGUEZ PARK

MONTEBELLO

CHRISTIAN

FELLOWSHIP / SCHOOL

MONTEBELLO

UNIFIED SCHOOL DISTRICT

POST OFFICE

FREMONT ELEMENTARY
SCHOOL

BEVERLY HOSPITAL

APARTMENT BUILDING

LA MERCED

INTERMEDIATE
SCHOOL

WASHINGTON

ELEMENTARY
SCHOOL

MONTEBELLO

INTERMEDIATE
SCHOOL

MONTEBELLO

HIGH SCHOOL

SENIOR CITIZEN CENTER

CITY OF MONTEBELLO

AND MONTEBELLO PARK

MONTEBELLO

PLYMOUTH
CHURCH

SHOPPING
CENTER

SAINT BENEDICT PARISH

CENTER AND
SCHOOL
ST JOHNS E. S. AND CHURCH

MONTEBELLO

CITY HALL POLICE STATION

LIBRARY

MONTEBELLO

INFANT-TODDLER
CENTER
DMV
BANK

MONTEBELLO

LAND & WATER CO

BEVERLY MEDICAL PLAZA

LA MERCED

ELEMENTARY
SCHOOL

GRANT REA MEMORIAL PARK

MONTEBELLO

SHOPPING CENTER

HOLY CROSS ARMENIAN

APOSTOLIC
ACUNA

PARKCATHEDRAL

MONTEBELLO TOWN
SQUARE
SCHURR

HIGH SCHOOL

MONTEBELLO
PLAZA

BICKNELL PARK

INTERMEDIATE

EASTMONT SCHOOL
ASHIYA
PARK

CANTWELL-SACRED
HEART OF MARY H. S.

WILCOX

ELEMENTARY
SCHOOL

OUR LADY OF MIRACULOUS MEDAL ELEMENTARY SCHOOL

MONTEBELLO
SENIOR
VILLAS
PARK

CHURCH OF CHRIST

RELIGIOUS

THE SACRED

HEART OF MARY

PROVINCIAL CENTER
City of
C.P. 938
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT Engineering Division
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25
REVIEWED BY: REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A

INDEX OF DRAWINGS

CIVIL ENGINEERING

PROJECT SITE

VICINITY MAP
C-1
PROFESSIONAL ENGINEER'S NOTE:

UNAUTHORIZED CHANGES AND USES:

PROJECT UTILITY CONTACTS:
1 TITLE SHEET

LOCATION MAP
LEGEND:

EAST LOS ANGE`LES

CITY OF

MONTEREY
PARK

CITY OF PICO RIVERA
UNDER THE SUPERVISION OF:

Attachment A

Page 1063 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
STORM WATER POLLUTION REQUIREMENT:

GENERAL NOTES: GENERAL NOTES (CONTINUED):

SPPWC STANDARD PLANS
LIST OF STANDARD DRAWINGS: ABBREVIATIONS:

CALTRANS STANDARD DRAWINGS 2024
EDITION:
2021 EDITION:

C-2
2 GENERAL NOTES

ADJUSTMENT BY OTHERS
CONSTRUCTION NOTE # QTY.

GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

GENERAL TRAFFIC STRIPING, MARKINGS AND
SIGNING NOTES:

TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES:

LEGEND:

Page 1064 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
C-3
3 TYPICAL CROSS SECTIONS AND DETAILS
TYPICAL SECTION - VIA CAMPO, AND VAIL AVE.

COLD MILL 2" DEEP AND OVERLAY 2" AC
TYPICAL SECTION - MADISON AVE.

TYPICAL SECTION - VIA CAMPO, AND VAIL AVE.

COLD MILL 3" DEEP AND OVERLAY 2" AC
OVER 1" AC LEVELING COURSE
TYPICAL SECTION - VAIL AVE. TYPICAL SECTION - VIA VAL VERDE 2" AC OVERLAY OVER 1" AC LEVELING
COURSE OVER 2" AC BASE COURSE
OVER 6" CMB

RECONSTRUCTION AREA
TYPICAL SECTION - MADISON AVE.

TYPICAL SECTION - 18TH ST., 16TH ST., CLEVELAND AVE., AND MAPLE AVE.

TYPICAL SECTION - 18TH ST., 16TH ST., CLEVELAND AVE., & MAPLE AVE.

TYPICAL SECTION - PERRY AVE.

TYPICAL SECTION - PERRY AVE.

TYPICAL SECTION - MAPLE AVE.

SECTION A-A: SPEED HUMP
SECTION B-B: SPEED HUMP
A A
PLAN VIEW: SPEED HUMP
B
B

RECONSTRUCTION AREA
8" REINFORCED CONCRETE OVER
6" CMB

RECONSTRUCTION AREA
2" AC OVERLAY OVER 2" AC BASE
COURSE OVER 6" CMB
2" AC OVERLAY OVER PAVING FABRIC
OVER 1" AC LEVELING COURSE OVER
2" AC BASE COURSE OVER 6" CMB

RECONSTRUCTION AREA
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK
COLD MILL 3" DEEP AND OVERLAY 2" AC
OVER 1" AC LEVELING COURSE
COLD MILL 3" DEEP AND OVERLAY 2" AC OVER
PAVEMENT FABRIC OVER 1" AC LEVELING COURSE
COLD MILL 3" DEEP AND OVERLAY 2" AC OVER
PAVEMENT FABRIC OVER 1" AC LEVELING COURSE
COLD MILL 2" DEEP AND OVERLAY 2" AC
COLD MILL 3" DEEP AND OVERLAY 2" AC OVER PAVEMENT FABRIC OVER 1" AC LEVELING COURSE COLD MILL 3" DEEP AND OVERLAY 2" AC
OVER 1" AC LEVELING COURSE
COLD MILL 3" DEEP AND OVERLAY 2" AC
OVER 1" AC LEVELING COURSE
COLD MILL 3" DEEP AND OVERLAY 2" AC OVER
PAVEMENT FABRIC OVER 1" AC LEVELING COURSE
COLD MILL 3" DEEP AND OVERLAY 2" AC
OVER 1" AC LEVELING COURSE

Page 1065 of 1585 ends

T
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A

GERHART
C-4
4 STREET IMPROVEMENT PLAN FOR
VIA CAMPO FROM GERHART AVENUE TO STA 53+00
MATCH LINE STA 34+00

SEE ABOVE RIGHT

BRADSHAWE
STREET

HENDRICKS
STREET

VIA CAMPO

VIA CAMPO
AVENUE

VIA CAMPO

FINDLAY
MATCH LINE STA 34+00

SEE BELOW LEFT

VIA CAMPO
MATCH LINE STA 42+70

SEE ABOVE RIGHT
MATCH LINE STA 42+70

SEE BELOW LEFT
MATCH LINE STA 53+00
SEE SHEET C-5

LEONARD
STREET
KEENAN
STREET
ALLEY

SIMMONS
AVENUE
ALLEY
AVENUE

VIA CAMPO

VIA CAMPO
60-FWY OFF RAMP
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1066 of 1585 ends

S
S
S
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
C-5
5 STREET IMPROVEMENT PLAN FOR
VIA CAMPO FROM STA 53+00 TO GARFIELD AVENUE
MATCH LINE STA 63+00

SEE ABOVE RIGHT

AVENUE GARFIELD

VIA CAMPO

VIA CAMPO
MATCH LINE STA 63+00

SEE BELOW LEFT

VIA CAMPO
MATCH LINE STA 53+00
SEE SHEET C-4
VIA 60-FWY OFF RAMP
CAMPO
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1067 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L

CHR I STOPHER
A . LEY
No. 80620
Exp. 3/31/27

REGISTERED

PROFESS IONAL ENGINEER
STATE

OF CA L I FORN I A
MATCH LINE STA 80+50

SEE BELOW LEFT
MATCH LINE STA 80+50

SEE ABOVE RIGHT

VAIL AVENUE
MATCH LINE STA 90+50

SEE BELOW LEFT
MATCH LINE STA 90+50

SEE ABOVE RIGHT
MATCH LINE STA 100+50
SEE SHEET C-7

VAIL AVENUE

VAIL AVENUE

WASHINGTON
VAIL
VAIL
VAIL
C-66

STREET IMPROVEMENT PLAN FOR
VAIL AVENUE FROM WASHINGTON BOULEVARD TO STA 100+50
AVENUE
AVENUE
AVENUE

BOULEVARD
ACCO
STREET
BEACH
STREET

FLOTILLA
STREET
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1068 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L

CHR I STOPHER
A . LEY
No. 80620
Exp. 3/31/27

REGISTERED

PROFESS IONAL ENGINEER
STATE

OF CA L I FORN I A
MATCH LINE STA 100+50
SEE SHEET C-6
MATCH LINE STA 110+50

SEE BELOW LEFT
MATCH LINE STA 110+50

SEE ABOVE RIGHT
MATCH LINE STA 120+50 SEE BELOW LEFT
MATCH LINE STA 120+50

SEE ABOVE RIGHT
MATCH LINE STA 130+50
SEE SHEET C-8

VAIL AVENUE

VAIL AVENUE

VAIL AVENUE

OLYMPIC
UPRR
ALLEY
ALLEY

WHITTIER
VAIL
VAIL
VAIL
C-77

STREET IMPROVEMENT PLAN FOR
VAIL AVENUE FROM STA 100+50 TO STA 130+50
MINES
AVENUE

FERGUSON DRIVE
AVENUE
AVENUE
AVENUE

DRIVE MALDEN

COLEGROVE AVENUE

BOULEVARD BOULEVARD
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1069 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
MATCH LINE STA 130+50
SEE SHEET C-7
MATCH LINE STA 140+50

SEE BELOW LEFT
MATCH LINE STA 140+50

SEE ABOVE RIGHT
MATCH LINE STA 150+50

SEE BELOW LEFT
MATCH LINE STA 150+50

SEE ABOVE RIGHT

VAIL AVENUE

VAIL AVENUE

VAIL AVENUE
VAIL

CLEVELAND

MADISON

HARDING

BEVERLY BOULEVARD
VAIL
VAIL
C-8
8 STREET IMPROVEMENT PLAN FOR
VAIL AVENUE FROM STA 130+50 TO BEVERLY BOULEVARD
AVENUE
AVENUE
AVENUE
AVENUE
AVENUE
AVENUE

FOR MADISON AVENUE
IMPROVEMENTS SEE SHEET C-9
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1070 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
MATCH LINE STA 169+50

SEE ABOVE RIGHT
MATCH LINE STA 169+50

SEE BELOW LEFT

MADISON AVENUE

MADISON

WILCOX AVENUE
ALLEY
21ST
STREET
ALLEY
20TH
STREET
ALLEY
19TH
STREET
STREET 18TH

AVENUE VAIL
C-9
9 AVENUE

MADISON AVENUE

MADISON AVENUE
MATCH LINE STA 196+00
SEE SHEET C-10

WHITTIER BOULEVARD

ALLEY ALLEY

CLEVELAND
18TH
AVENUE
STREET
18TH STREET

STREET IMPROVEMENT PLAN FOR

MADISON AVENUE FROM WILCOX AVENUE TO VAIL AVENUE, AND
18TH STREET FROM WHITTIER BOULEVARD TO STA 196+00
FOR 18TH STREET IMPROVEMENTS
SEE SHEET C-10

FOR VAIL AVENUE IMPROVEMENTS
SEE SHEET C-8
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1071 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
MATCH LINE STA 206+00

SEE ABOVE RIGHT
AVENUE
19TH
STREET

HARDING

BOULEVARD BEVERLY
C-10
10 18TH STREET
18TH STREET
16TH STREET
16TH STREET

AVENUE MADISONAVENUE CLEVELAND
MATCH LINE STA 206+00

SEE BELOW LEFT
MATCH LINE STA 196+00
SEE SHEET C-9

MADISON
18TH
AVENUE
STREET
18TH STREET

STREET IMPROVEMENT PLAN FOR
18TH STREET FROM STA 196+00 TO BEVERLY BOULEVARD, AND
16TH STREET FROM CLEVELAND AVENUE TO MADISON AVENUE

FOR MADISON AVENUE
IMPROVEMENTS SEE SHEET C-9
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1072 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:DRAWN BY:CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman CIV I L CHR I STOPHER A . LEYNo. 80620 Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER STATE OF CA L I FORN I A MATCH LINE STA 234+50

SEE BELOW LEFT
MATCH LINE STA 234+50

SEE ABOVE RIGHT
MATCH LINE STA 244+50

SEE BELOW LEFT
MATCH LINE STA 244+50

SEE ABOVE RIGHT

CLEVELAND AVE

CLEVELAND AVE

CLEVELAND AVE

CLEVELAND

MAPLE AVENUE
TAYLOR
12TH
10TH

CLEVELAND

MONTEBELLO BOULEVARD CLEVELAND
C-11
11 STREET IMPROVEMENT PLAN FOR

CLEVELAND AVENUE FROM MAPLE AVENUE TO MONTEBELLO BOULEVARD AVENUE
AVENUE
AVENUE
STREET
STREET
PARK
AVENUE
PARK
AVENUE
NELSON
PLACE
AVENUE

SPRUCE STREET

GREENWOOD
AVENUE
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:REMOVALS

ADJUSTMENT/RELOCATIONBY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1073 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:DRAWN BY:CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman CIV I L CHR I STOPHER A . LEYNo. 80620 Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER STATE OF CA L I FORN I A MATCH LINE STA 269+00

SEE BELOW LEFT

VIA VAL VERDE
MATCH LINE STA 269+00

SEE ABOVE RIGHT

VIA VAL VERDE
C-12
12 STREET IMPROVEMENT PLAN FOR

VIA VAL VERDE FROM CONCOURSE AVENUE TO BEVERLY BOULEVARD VIA

VIA VAL VERDE

BEVERLY

VIA VAL VERDE

CONCOURSE AVENUE

MADISON AVENUE

BOULEVARD CORONA
ALLEY
ALLEY
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:REMOVALS

ADJUSTMENT/RELOCATIONBY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1074 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
MATCH LINE STA 289+50

SEE BELOW LEFT
MATCH LINE STA 289+50

SEE ABOVE RIGHT

PERRY AVENUE

PERRY AVENUE
AVENUE

GERMAIN DRIVE

PERRY WESTMORELAND DRIVEDARCY DRIVE
C-13
13 STREET IMPROVEMENT PLAN FOR

PERRY AVENUE FROM GERMAIN DRIVE TO WESTMORELAND DRIVE
PERRY
AVENUE
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1075 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
MATCH LINE STA 307+00 SEE BELOW LEFT
MATCH LINE STA 307+00 SEE ABOVE RIGHT

MAPLE AVENUE

MAPLE AVENUE

LOMA ROAD
AVENUE
MAPLE

WESTMORELAND DRIVE
MAPLE
AVENUE
C-14
14 STREET IMPROVEMENT PLAN FOR

MAPLE AVENUE FROM LOMA ROAD TO WESTMORELAND DRIVE

GERMAIN
DRIVE
GORDON
PLACE

TODD PLACE
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

Page 1076 of 1585 ends

FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. SANTILLAN
J. KWOK
BENCHMARK:

BASIS OF BEARINGS:
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
COUNTY OF LOS ANGELES BM LY 10641 L & BD IN EAST CATCH
BASIN 45FT N/O BCR @ NE COR BEVERLY BOULEVARD AND TAYLOR AVENUE ELEVARION = 224.927 FT

HORIZONTAL CONTROL BASED ON, CALIFORNIA COORDINATE SYSTEM, CCS83, ZONE VI.

MATCH LINE STA 10+50

SEE BELOW
MATCH LINE STA 10+50

SEE ABOVE

POPLAR WAY

POPLAR WAY

POPLAR AVENUE

CLEVELAND AVENUE
1ST STREET

HARDING AVENUE

BEVERLY TERRANCE
1ST STREET
ALLEY
C-15
15 STREET IMPROVEMENTS PLAN FOR POPLAR WAY FROM 1ST STREET TO POPLAR AVENUE, 1ST STREET FROM POPLAR WAY TO CLEVELAND
AVENUE, AND ALLEY FROM W. BEVERLY TERRACE TO
W. HARDING AVENUE
NOTE:

ALLEY
1ST STREET
ALLEY
GENERAL CONSTRUCTION NOTES:

PCC WORK AND OTHER RELATED WORK
CONSTRUCTION NOTES:

REMOVALS

ADJUSTMENT/RELOCATION

BY OTHERS
LEGEND:

AC WORK AND OTHER RELATED WORK

REDWOOD HEADER DETAIL

Page 1077 of 1585 ends

STOP STOP
T
STOP
35 35
STOP
STOP
ONLY
RIGHT
TURN
ONLY
NO
ONLY
ONLY
LEFT
TURN
NO
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
C-16
16 TRAFFIC STRIPING AND MARKINGS PLAN FOR
VIA CAMPO FROM GERHART AVENUE TO STA 53+00
MATCH LINE STA 34+00

SEE ABOVE RIGHT

BRADSHAWE
STREET

HENDRICKS
STREET

VIA CAMPO

VIA CAMPO

VIA CAMPO

AVENUE FINDLAY
MATCH LINE STA 34+00

SEE BELOW LEFT

VIA CAMPO
MATCH LINE STA 45+00

SEE ABOVE RIGHT
MATCH LINE STA 45+00

SEE BELOW LEFT
MATCH LINE STA 53+00
SEE SHEET C-17

LEONARD
STREET
KEENAN
STREET
ALLEY

SIMMONS
AVENUE
ALLEY

VIA CAMPO

VIA CAMPO

AVENUE GERHART
GENERAL TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES: TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES:

LEGEND:
60-FWY OFF RAMP

Page 1078 of 1585 ends

S
S
S
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
C-17
17 TRAFFIC STRIPING AND MARKINGS PLAN FOR
VIA CAMPO FROM STA 53+00 TO GARFIELD AVENUE
MATCH LINE STA 63+00

SEE ABOVE RIGHT

AVENUE GARFIELD

VIA CAMPO

VIA CAMPO
MATCH LINE STA 63+00

SEE BELOW LEFT

VIA CAMPO
MATCH LINE STA 53+00
SEE SHEET C-16
VIA 60-FWY OFF RAMP
CAMPO
GENERAL TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES: TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES:

LEGEND:

Page 1079 of 1585 ends

STOP
STOP
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:

DRAWN BY:

CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman

CIV I L
CHR I STOPHER A . LEY
No. 80620
Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER

STATE OF CA L I FORN I A
MATCH LINE STA 80+50

SEE BELOW LEFT
MATCH LINE STA 80+50

SEE ABOVE RIGHT

VAIL AVENUE
MATCH LINE STA 90+50

SEE BELOW LEFT
MATCH LINE STA 90+50

SEE ABOVE RIGHT
MATCH LINE STA 100+50
SEE SHEET C-19

VAIL AVENUE

VAIL AVENUE

WASHINGTON
VAIL
VAIL
VAIL
C-18
18 TRAFFIC STRIPING AND MARKINGS PLAN FOR
VAIL AVENUE FROM WASHINGTON BLVD TO STA 100+50
AVENUE
AVENUE
AVENUE

BOULEVARD
ACCO
STREET
BEACH
STREET

FLOTILLA
STREET
GENERAL TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES: TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES:

LEGEND:

Page 1080 of 1585 ends

STOP

STOP R R
35 R R R R
STOP
PED

XING STOP
STOP
STOP
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:DRAWN BY:CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman CIV I L CHR I STOPHER A . LEYNo. 80620 Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER STATE OF CA L I FORN I A MATCH LINE STA 100+50
SEE SHEET C-18
MATCH LINE STA 110+50

SEE BELOW LEFT
MATCH LINE STA 110+50
SEE TOP RIGHT MATCH LINE STA 120+50 SEE BELOW LEFT
MATCH LINE STA 120+50

SEE TOP RIGHT
MATCH LINE STA 130+50
SEE SHEET C-20

VAIL AVENUE

VAIL AVENUE

VAIL AVENUE

OLYMPIC
ALLEY
ALLEY

WHITTIER

VAILVAIL
VAIL
C-19
19 TRAFFIC STRIPING AND MARKINGS PLAN AND SIGN LEGEND FOR VAIL AVENUE FROM STA 100+50 TO STA 130+50
MINES
AVENUE

FERGUSON DRIVE AVENUE
AVENUE
AVENUE

DRIVE MALDEN COLEGROVE AVENUE BOULEVARD

BOULEVARD
GENERAL TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES: TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES:

LEGEND:

W84(CA) W13-1(15)

SIGN LEGEND

Page 1081 of 1585 ends

STOP
XING
SCHOOL
SLOW
STOP
AHEAD
STOP
STOP
STOP
SLOW
SCHOOL
XING
STOP
AHEAD
HUMP
STOP

STOP STOP
STOP
STOP
STOP
25 STOP
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT 30 UNDER THE SUPERVISION OF:

DESIGNED BY:DRAWN BY:CHECKED BY: DATE:08/01/25

CITY OF MONTEBELLO

ENGINEERING DIVISION

REVISIONS
C. LEY
J. KWOK
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
bowman.com
Bowman CIV I L CHR I STOPHER A . LEYNo. 80620 Exp. 3/31/27 REGISTERED PROFESS IONAL ENGINEER STATE OF CA L I FORN I A MATCH LINE STA 130+50
SEE SHEET C-19
MATCH LINE STA 140+50

SEE BELOW LEFT
MATCH LINE STA 140+50

SEE TOP RIGHT
MATCH LINE STA 150+50

SEE BELOW LEFT
MATCH LINE STA 150+50

SEE TOP RIGHT

VAIL AVENUE

VAIL AVENUE

VAIL AVENUE
VAIL

CLEVELAND

MADISON

HARDING

BEVERLY BOULEVARD
VAIL

VAIL AVE
C-20
20 TRAFFIC STRIPING AND MARKINGS PLAN, SIGN LEGEND AND DETAILS FOR VAIL AVENUE FROM STA 130+50 TO BEVERLY BLVD
AVENUE

AVENUE AVENUE

AVENUE AVENUE
GENERAL TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES: TRAFFIC STRIPING, MARKINGS AND SIGNING NOTES:

LEGEND:

TYPICAL SOLAR POWERED STOP SIGN DETAIL FOR
SIGN INSTALLATION/RELOCATION NOTE NO. 98
YELLOW TYPE H MARKINGS DETAIL FOR INSTALLATION NOTE NO. 96 W84(CA) W13-1(15)

SIGN LEGEND
W17-1 W16-7P

Page 1082 of 1585 ends
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