CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 13, 2025 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
Salvador Melendez, Mayor
Georgina Tamayo, Mayor Pro Tem
Scarlet Peralta, Councilmember
Ric Alonzo, Councilmember
Danielle Romero, Councilmember
CITY MANAGER
Raul Alvarez
CITY TREASURER
David Matanga
CITY ATTORNEY
Arnold M. Alvarez-Glasman
CITY CLERK
Christopher Jimenez
DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Angelica Palmeros
Fernando Pelaez
Luis Lopez
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria
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NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.
RULES OF DECORUM:
Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.
Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
Agendas, Minutes, and Videos,
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IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Initiation of litigation in two matters
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 59456.9(d)(2)
Significant exposure to litigation in one matter
3. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957(a)
Consultation with Chief of Police
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Maria Virgen v. City of Montebello, et al.
Los Angeles Superior Court Case No. 23STCV00769
5. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: Raul Alvarez
Employee Groups: MCEA, MMMA, MSA, MMPA, and Unrepresented Employees
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - CITY MANAGER
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CEREMONIAL ITEMS/PRESENTATIONS
6. PROCLAMATION FOR NATIONAL WELLNESS MONTH
7. CITY TREASURER'S QUARTERLY REPORT
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.
The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.
Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
REGULAR BUSINESS
8. ADOPT RESOLUTION NO. 25-11 ACCEPTING THE STATE DEPARTMENT OF FORESTRY AND FIRE
PROTECTION URBAN FOREST MANAGEMENT PLAN AGREEMENT
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-11 accepting the State Department of Forestry and Fire Protection (Cal Fire) Urban Forest Management Plan (UFMP) Agreement No. 8FG23407 in the amount of $777,500; and
2. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $777,500 in Account Nos. 249- 99-4198.33 and 249-30-320-6040.10 (Miscellaneous Grants, Cal Fire Urban Forestry Management [Revenue] and Public Works, Contract Services Outside Contracts [Expenditures]); and
3. Authorize staff to complete and adopt all applicable policies pertinent to the grant recipient’s requirements; and
4. Accept the signed agreement and authorize the City Manager to execute all documents related to this program; and
5. Approve issuance of all necessary Requests for Proposal (RFPs) required to complete the various studies, plans, tree planting and related work associated with this grant award; and,
6. Take such additional, related action that may be desirable.
9. AWARD AGREEMENT NO. 4377 TO J&A ENGINEERING CORPORATION FOR THE RIO HONDO COASTAL SPREADING GROUNDS FENCE REPLACEMENT PROJECT (CP 884)
RECOMMENDATION: It is recommended that the City Council:
1. Award Agreement No. 4377 to J&A Engineering Corporation for the Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884) as the most responsive, responsible bidder in the amount of $1,045,500, which includes the Base Bid and Alternate Bid Schedule A, payable from Account No. 254-30-300-6040.10 (Rio Hondo Improvement – State Parks, Public Works, Public Works Administration, Contract Services Outside Contracts) and 200-99-7116 (Gas Tax, Non-Departmental, Improvements Other Than Building); and
2. Approve a construction contingency in the amount of $189,500 payable from Account No. 200-99-7116 (Gas Tax, Non-Departmental, Improvements Other Than Building); 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
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5. Take such additional, related action that may be desirable.
10. AUTHORIZATION TO ADOPT PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR CONSTRUCTION OF THE TRAFFIC SIGNAL AT WHITTIER BOULEVARD & 6TH STREET (CP 926) AND
PROCEED WITH BID ADVERTISEMENT
RECOMMENDATION: 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, specifications and engineer’s estimate for CP-926, Traffic Signal at Whittier Boulevard and 6th Street; and
3. Authorize staff to proceed with bid advertisement for construction; and
4. Take such additional, related action that may be desirable.
11. AWARD CONSTRUCTION CONTRACT AGREEMENT NO. 4371 TO CEM CONSTRUCTION CORPORATION FOR THE DOWNTOWN SEWER REPLACEMENT PROJECT (CP 919)
RECOMMENDATION: It is recommended that the City Council:
1. Award Agreement No. 4371 to CEM Construction Corporation for the Downtown Sewer Replacement (CP 919) as the most responsive, responsible bidder in the amount of $4,474,207 payable from Account No. 263-30-340-6040.45 (Sewer Infrastructure, Public Works, Sewer Operations, Contract Services Sewer Maintenance) and 215-99-7117 (Proposition C, Non-Departmental, Improvements Other Than Building – Paving the Way);
2. Approve a 10% construction contingency of $447,421 payable from Account No. 215-99-7117 (Proposition C, Non-Departmental, Improvements Other Than Building – Paving the Way); and
3. Amend the adopted Fiscal Year 2025-26 budget by increasing appropriations by $2,821,627 in Account No. 215-99-7117 (Proposition C, Non-Departmental, Improvements Other Than Building – Paving the Way); and
4. Authorize the City Clerk’s Office to release all other bidders’ bid bonds; and
5. Authorize the City Manager to execute the construction contract agreement (attached hereto in substantial form) and all applicable change orders in good faith.
6. Take such additional, related action that may be desirable.
12. ADOPT RESOLUTION NO. 25-64 APPROVING A MEMORANDUM OF UNDERSTANDING NO. 25-10 (MOU) BETWEEN THE CITY OF MONTEBELLO AND THE MONTEBELLO MANAGEMENT
PROFESSIONALS ASSOCIATION (MMPA)
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-10 approving a Memorandum of Understanding No. 25-10 (MOU) between the City of Montebello and the Montebello Management Professionals Association (MMPA); and
2. Take such additional, related action that may be desirable.
13. ADOPT RESOLUTION NO. 25-65 APPROVING A MEMORANDUM OF UNDERSTANDING NO. 25-11 (MOU)
BETWEEN THE CITY OF MONTEBELLO AND THE MONTEBELLO CITY EMPLOYEES ASSOCIATION (MCEA)
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-65 approving Memorandum of Understanding No. 25-11 (MOU) between the City of Montebello and the Montebello City Employees’ Association (MCEA); and
2. Take such additional, related action that may be desirable.
14. ADOPT RESOLUTION NO. 25-66 APPROVING MEMORANDUM OF UNDERSTANDING NO. 25-12 (MOU)
BETWEEN THE CITY OF MONTEBELLO AND THE MONTEBELLO SUPERVISORS ASSOCIATION (MSA) RECOMMENDATION: It is recommended that the City Council:
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1. Adopt Resolution No. 25-66 approving Memorandum of Understanding No. 25-12 (MOU) between the City of Montebello and the Montebello Supervisors’ Association (MSA); and
2. Take such additional, related action that may be desirable.
15. ADOPT RESOLUTION NO. 25-67 APPROVING MEMORANDUM OF UNDERSTANDING NO. 25-13 (MOU)
BETWEEN THE CITY OF MONTEBELLO AND THE MONTEBELLO MID-MANAGEMENT ASSOCIATION (MMMA)
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-67 approving Memorandum of Understanding No. 25-13 (MOU) between the City of Montebello and the Montebello Mid-Management Association (MMMA); and
2. Take such additional, related action that may be desirable.
16. ADOPT RESOLUTION NO. 25-68 SPECIFYING CERTAIN EMPLOYEE BENEFITS AND EMPLOYMENT
CONDITIONS FOR UNREPRESENTED NON-MANAGEMENT EMPLOYEES AND UNREPRESENTED MANAGEMENT EMPLOYEES AND RESOLUTION NO. 25-69 APPROVING THE CITY OF MONTEBELLO
COMPENSATION PLAN AND TABLE OF ORGANIZATION
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-68 specifying certain employee benefits and employment conditions for unrepresented non-management employees and unrepresented management employees; and
2. Adopt Resolution No. 25-69 approving the City of Montebello Compensation Plan and Table of Organization; and,
3. Take such additional, related action that may be desirable.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.
17. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4332 WITH JACOB GREEN & ASSOCIATES FOR
COMPREHENSIVE STRATEGIC PLAN CONSULTING SERVICES IN RESPONSE TO REQUEST FOR PROPOSALS NO. 25-09
RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No. 4332 with Jacob Green & Associates in an amount not-to-exceed $75,000 for the development of the Montebello Fire Department’s Strategic Plan; and
2. Authorize the City Manager to execute the agreement; and
3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $75,000 in Account No. 100-85- 850-6040.95 (General Fund, Fire, Administration, Other Professional Services); and
4. Take such additional, related action that may be desirable.
18. APPROVE AGREEMENT NO. 4344 WITH FLOCK GROUP INC. (DBA FLOCK SAFETY) TO LEASE
AUTOMATED LICENSE PLATE READERS (ALPR)
RECOMMENDATION: It is recommended that the City Council:
1. Award Master Services Agreement No. 4344 with Flock Safety for the lease of automated license plate readers; and
2. Authorize the City Manager to execute the agreement; and
3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $250,000 in Account Nos. 265- 80-834-6010.10. (Grants, Police, COPS Technology Equipment Program, Machinery and Equipment [Expenditures]), and 265-99-4198.25 (Grants, Non-Departmental, Misc.Grants-COPS Technology Equipment Proram [Revenue]; and
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4. Take such additional, related, action that may be desirable.
19. APPROVE PURCHASE OF CORDICO WELLNESS APPLICATION FOR THE MONTEBELLO POLICE
DEPARTMENT
RECOMMENDATION: It is recommended that the City Council:
1. Approve the purchase of the Cordico Wellness Application to provide a confidential, on-demand mental health and wellness platform for Montebello Police Department personnel (Attachment B); and
2. Authorize the City Manager to execute any necessary documents to complete the purchase, in an amount not to exceed $28,800 for a two-year subscription term for the Police Department use of the Cordico Wellness Appication; and
3. Take such additional, related action that may be desirable.
20. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4337 WITH HINDERLITER DE LLAMAS AND
ASSOCIATES (HDL COMPANIES NC) FOR BUSINESS LICENSE ADMINISTRATION SERVICES RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4337 with Hinderliter de Llamas and Associates (HdL Companies NC) for Business License Administration Services; and
2. Authorize the City Manager to execute the agreement; and
3. Take such additional, related action that may be desirable.
21. TREASURER'S REPORT FOR THE QUARTER ENDING JUNE 30, 2025 RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Quarterly Treasurer’s Report for the quarter ending June 30, 2025 (Fourth Quarter of Fiscal Year 2024-25); and,
2. Take such additional, related action that may be desirable.
22. APPROVE RESOLUTION NO 25-61 APPROVING THE EXCHANGE OF “PROPOSITION A” LOCAL RETURN
FUNDS WITH THE MONTEBELLO BUS LINES (MBL)
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-61 Approving the Exchange of Los Angeles County Metropolitan Transit Authority (Metro) “Proposition A” Local Return Funds with the Montebello Bus Lines; and
2. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $2,500,000 in Account Nos. 210- 99-7000.15 (Proposition A, Transfer Out to Transit Fund) and 600-99-4999.76 (Transit, Transfer In from Proposition A); and $1,750,000 in Account Nos. 600-99-7000.10 (Transit, Transfer Out to General Fund) and 100-99-4999.15 (General Fund, Transfer In from Transit Fund); and
3. Take such additional, related action that may be desirable.
23. APPROVE GATEWAY COUNCIL OF GOVERNMENT FIBER OPTIC NETWORK BROADBAND RIGHT-OFWAY AGREEMENT NO. 4363 RECOMMENDATION: It is recommended that the City Council:
1. Approve the Right-of-Way Use Agreement with the Gateway Cities Council of Governments (GCCOG) for the installation, maintenance, and operation of the Gateway Cities Regional Fiber Optic Network within the City’s boundaries; and
2. Authorize the City Manager to execute the Agreement, including approving finalized plans and any other actions in connection with the Agreement; and
3. Take such additional, related action that may be desirable.
24. ADOPT RESOLUTION NO. 25-60 APPROVING THE CITY OF MONTEBELLO'S TITLE VI IMPLEMENTATION PLAN
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RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-60 adopting the City of Montebello’s Title VI Implementation Plan; and
2. Take such additional, related action that may be desirable.
25. APPROVE THE RELEASE OF RFQ NO. 26-02 FOR THE PURCHASE OF EQUIPMENT, HARDWARE,
TOOLS, AND RELATED MATERIALS
RECOMMENDATION: 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.
26. ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP-L) CYCLE 7 VARIOUS INTERSECTION IMPROVEMENTS PROJECT NO. HSIPL-5247(024) (CP 851) RECOMMENDATION: 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.
27. AWARD AGREEMENT NO. 4372 TO VOLTAIRE ENGINEERING, INC. FOR THE RIO HONDO ACCESS IMPROVEMENT PROJECT PHASE II (CP 924-2)
RECOMMENDATION: 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.
28. AWARD AGREEMENT NO. 4373 TO CERTIFIED ROOFING APPLICATORS, INC. THE FOR FIRE STATION #56 REMODELING PROJECT (CDBG) (CP 923)
RECOMMENDATION: 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
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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.
29. ADOPT PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF FISCAL YEAR 2024-25 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT (CP 938) AND PROCEED WITH BID
ADVERTISEMENT
RECOMMENDATION: 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.
30. APPROVE LEASING OF VEHICLE PURCHASE AND PROCUREMENT OF VEHICLE UPFITTING AND
COMMUNICATIONS EQUIPMENT FOR FIRE DEPARTMENT NON-EMERGENCY RESPONSE VEHICLES RECOMMENDATION: It is recommended that the City Council:
1. Approve the acquisition of three (3) vehicles for the Fire Department from Chevrolet of Montebello; and
2. Authorize the City Manager to execute Agreement No. 4365 with Lease Servicing Center, Inc. dba NCL Government Capital for vehicle financing (lease to own) in the amount of $160,801 plus accrued interest over the term of the agreement; and
3. Authorize one member of the Montebello City Council and the City Clerk to sign a Lessee Resolution (Exhibit E of Attachment B) to approve the lease and confirm the City Manager is an authorized individual to execute related documents; and
4. Authorize a $500 payment to Lease Service Center, Inc. dba NCL Government Capital for a one-time documentation and processing fee; and
5. Approve the purchase and installation of related vehicle equipment, including camper shells, Motorola communications equipment, K-9 transport components, and other emergency response gear for the vehicles; and
6. Amend the Fiscal Year 2025–26 Adopted Operating Budget by increasing appropriations by $45,000 in Account No. 100-85-860-6080.60 (General Fund, Fire, Fire Suppression, Vehicle Parts/Equipment) and $60,000 in Account No. 100-85-880-6010.10 (General Fund, Fire, Communications, Machinery & Equipment); and
7. Authorize a $60,000 increase to the existing Purchase Order with Motorola Solutions for the purchase of vehicle communications equipment related to the acquisition of these three (3) Fire Department vehicles; and
8. Take such additional, related action that may be desirable.
31. AUTHORIZATION TO RELEASE REQUEST FOR QUOTATIONS (RFQ) NO. 26-01 FOR THE PURCHASE OF
A PARAMEDIC RESCUE SQUAD
RECOMMENDATION: It is recommended that the City Council:
1. Authorize issuing Request for Quotations (RFQ) No. 26-01 for the purchase and delivery of one (1) fully equipped Paramedic Rescue Squad for the Montebello Fire Department; and
2. Take such additional, related action that may be desirable.
32. ADOPT RESOLUTION NO. 25-62 APPROVING JOB SPECIFICATIONS FOR "FIREFIGHTER - PARAMEDIC," "COMMUNITY RISK REDUCTION COORDINATOR," AND "FIREFIGHTER/PARAMEDIC TRAINEE"
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RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-62, approving the job classifications for "Firefighter - Paramedic," "Community Risk Reduction Coordinator," and "Firefighter/ Paramedic Trainee;" and,
2. Approve the updated Master Position Control (Attachment B) reflecting the updated job classifications; and,
3. Take such additional, related action that may be desirable.
33. INCREASE THE ANNUAL NOT-TO-EXCEED AMOUNT FOR IVA SOLUTIONS FOR FISCAL YEAR 2025-26 RECOMMENDATION: It is recommended that the City Council:
1. Authorize a not-to-exceed amount of $100,000 for IVA Solutions-related services during Fiscal Year 2025-26; and
2. Take such additional, related action that may be desirable.
34. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4375 WITH UNITED RENTALS INC. TO PROVIDE
RENTAL EQUIPMENT
RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4375 with United Rentals Inc.to provide Rental Equipment for a three (3) year term (through June 30, 2028), with two (2) one-year extension options for an annual not-to-exceed amount of $60,000; and
2. Authorize the City Manager to execute the Agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
35. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4374 WITH PARTS AUTHORITY LLC TO
PROVIDE AUTOMOTIVE SUPPLIES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4374 with Parts Authority LLC to provide Automotive Supplies for a three (3) year term (through June 30, 2028) with two (2) one-year extension options for an annual not-to-exceed amount of $50,000; and
2. Authorize the City Manager to execute the Agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
36. APPROVAL OF MINUTES: JUNE 11, 2025, CITY COUNCIL MEETING; JUNE 25, 2025, SPECIAL CITY COUNCIL MEETING; JUNE 25, 2025, CITY COUNCIL MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
37. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-63 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED AUGUST 13, 2025
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-63 approving the Warrant Register dated August 13, 2025.
PUBLIC COMMENTS - CONTINUED
AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
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COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Scarlet Peralta, Councilmember
• Ric Alonzo, Councilmember
• Danielle Romero, Councilmember
• Georgina Tamayo, Mayor Pro Tem
• Salvador Melendez, Mayor
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on August 27, 2025, at 6:00 p.m., which can be livestreamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, August 10, 2025, no later than 6:00 p.m.
Kimberly Guillen, Senior Deputy City Clerk
EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet. • CITY OF MONTEBELLO FORECASTED AGENDA
ITEM # 8
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 RESOLUTION NO. 25-11 ACCEPTING THE STATE
DEPARTMENT OF FORESTRY AND FIRE PROTECTION URBAN
FOREST MANAGEMENT PLAN AGREEMENT
DATE: August 13, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Adopt Resolution No. 25-11 accepting the State Department of Forestry and Fire Protection (Cal Fire) Urban Forest Management Plan (UFMP) Agreement No. 8FG23407 in the amount of $777,500; and
2. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $777,500 in Account Nos. 249-99-4198.33 and 249-30-320-6040.10 (Miscellaneous Grants, Cal Fire Urban Forestry Management [Revenue] and Public Works, Contract Services Outside Contracts [Expenditures]); and
3. Authorize staff to complete and adopt all applicable policies pertinent to the grant recipient’s requirements; and
4. Accept the signed agreement and authorize the City Manager to execute all documents related to this program; and
5. Approve issuance of all necessary Requests for Proposal (RFPs) required to complete the various studies, plans, tree planting and related work associated with this grant award; and,
6. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Approval of this action requires acceptance of the grant funds in the amount of $777,500.
The City is committing to in-kind volunteer hours from community members and volunteers at a rate of $37.32/hour for 1,600 volunteer hours, totaling $59,712 of in-kind support. The amount of $777,500 covers the following:
CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025
• Tree Inventory Analysis: Consultant to complete a tree inventory through field data collection. The consultant will conduct an inventory of the City's existing trees and include all required attributes and advise on vacant sites where trees may be planted. The City plans to identify this contractor through a formal request for proposal (RFP) process. Budget is $60,000.
• Community Engagement: Consultant to complete community engagement and outreach for resident and stakeholder feedback in the UFMP through surveys, workshops (5), and tabling at community events. The City plans to identify this contractor through a formal request for proposal (RFP) process. Budget is $15,000.
• Urban Forest Management Plan: Consultant to implement the development, creation, drafting, and adoption of all components for the UFMP including its various phases of planning, drafting, meeting, revising, and adoption by City Council authorization. The City plans to identify this contractor through a formal request for proposal (RFP) process. Budget is $55,000.
• Tree Planting: Contractor to implement a tree planting program. The cost per tree is inclusive of stock, supplies, labor, and other costs for project planning and implementation through volunteer efforts. This will include canvassing and identifying locations where community members want trees. The City plans to identify this contractor through a formal bidding process. Budget is $242,500. • Tree Care: Contractor to implement tree care for the duration of the grant (approximately 1.5 years), including routine site visits, watering, restaking, remulching, and replanting. The City plans to identify this contractor through a formal bidding process. Budget is $360,000.
• Tree Distributions: Fruit and/or shade tree distributions for community members.
The price per tree is inclusive of stock, supplies, and labor to coordinate distribution events to residents. The City plans to identify this consultant through a formal request for proposal (RFP) process. Budget is $45,000.
City Council action commits the City to paying for specified services and subsequently seeking reimbursement from Cal Fire. The recommended actions include amending the Fiscal Year 2025-26 budget by increasing appropriations by $777,500 in Account Nos. 249-99-4198.33 and 249-30-320-6040.10 (Miscellaneous Grants, Cal Fire Urban Forestry Management [Revenue] and Public Works, Contract Services Outside Contracts [Expenditures]) to record revenue and expenses related to the grant award program.
The recommended actions also include approval to issue all necessary Requests for Proposals (RFPs) as described above. Development of an urban forestry management plan, selection of a contractor to plant and maintain trees, choosing a consultant to conduct a tree analysis and all tasks related to successfully completing this grant award will be accomplished through issuance of RFPs per the City's municipal code (Chapters
3.20 et al and 3.21 et al). Due to the nature of this funding, and the necessary expediency by which the funds must be spent, Staff is seeking blanket approval to issue RFPs for all these services. Staff will work closely with the Finance Department to ensure all municipal code and purchasing policies are followed, in particular Montebello Municipal Code Chapters 3.20.050 and 3.21.060 referencing RFPs for professional and related
CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025
services.
BACKGROUND/DISCUSSION:
Under the authority of the Urban Forestry Act (PRC 4799.06 - 4799.12) the Urban & Community Forestry Program (UCF) works to expand and improve the management of trees and related landscape in communities throughout California. The mission of the California Department of Forestry and Fire Protection's Urban Forestry Program is to lead the effort to advance the development of sustainable urban and community forests in California. Trees provide energy conservation, reduction of storm-water runoff, extend the life of surface streets, improve local air, soil and water quality, reduce atmospheric carbon dioxide, improve public health, provide wildlife habitat and increase property values. In short, trees improve the quality of life in our urban environments, which, increasingly, are where Californians live, work, and play. The program also administers State and Federal grants throughout California communities to advance urban forestry efforts.
The program’s goals are to obtain a consultant through a formal request for proposal (RFP) process to take inventory of the City’s trees that are located in the public right-ofway and report back to Cal Fire. Tree inventories are intended to provide basic information on the City’s tree population and provide guidelines to protect and take proper accounting of the City’s urban forest. Inventories can supply information on plant quantities, location, condition and size and maintenance requirements. Based on this information, sustainable management plans and rational budgets can be developed for the property's care.
The City initially submitted an application for the Cal Fire grant at the start of the 2025 calendar year. At that time, the intention was to present the item for approval to City Council at the February 12, 2025 meeting, while simultaneously executing the agreement to secure grant funding. However, following the signing of the agreement, the Urban & Community Forestry Program was placed on hold due to a series of memorandums issued by the White House Office of Management and Budget. The hold prevented the Public Works Department from bringing this matter to the City Council for approval as originally planned.
On July 10, 2025, the hold on the Urban & Community Forestry Program was lifted, allowing grantees to proceed with their planned projects. As the agreement was already signed earlier in the year, a new signature from the City Manager is not required.
Therefore, one of the recommended actions is to have the City Council accept the previously signed agreement to proceed with the program.
In order to maximize the competitiveness of the City’s grant application, staff request City Council adoption of the attached resolution. Executing the resolution authorizes the City Manager to accept the grant on the City’s behalf and execute all grant documents.
The Project Performance Period is from the date when CAL FIRE’s Deputy Director signs and executes the final agreement through March 31, 2028. Under the terms and conditions of this Grant Agreement, the City agrees to complete the project as described
CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025
in the project description, and the State of California, acting through Cal Fire.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends City Council adopt Resolution No. 25-11 to accept the Cal Fire Urban Forest Management Plan; and approve the appropriation of $777,500 by amending the Fiscal Year 2025-26 budget by increasing appropriations by $777,500 in Account Nos. 249-99-4198.33 and 249-30-320-6040.10 (Miscellaneous Grants, Cal Fire Urban Forestry Management [Revenue] and Public Works, Contract Services Outside Contracts [Expenditures]); and authorize staff to adopt policies pertinent to the grant recipient's requirements; and authorize the City Manager to execute all documents related to this program; and approve issuance of all necessary RFPs required to complete the grant funded work as described above.
ATTACHMENT(S)
1. Attachment A - Resolution No. 2025-11
2. Attachment B - City of Montebello IRA UCF Grant Agreement 8FG23407
3. Attachment C - Complying with Civil Rights Requirements (FS-850)
4. Attachment D - And Justice for All Poster (AD 475A)
ATTACHMENT A
RESOLUTION NO. 25-11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO FOR
FUNDING FROM THE URBAN AND COMMUNITY FORESTRY GRANT
PROGRAM OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION AS PROVIDED THROUGH THE GREENHOUSE GAS
REDUCTION FUND
RECITALS
WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted State of California Greenhouse Gas Reduction Funding, which provides funds to the State of California and its political subdivisions for urban forestry programs; and
WHEREAS, the State Department of Forestry and Fire Protection (CAL FIRE) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and nonprofit organizations under the program, and WHEREAS, said procedures established by CAL FIRE require the City to certify by resolution the approval of the grant application; and WHEREAS, CAL FIRE has awarded to City of Montebello a grant in the amount of $777,500 for the City’s Urban Forest Management Plan Project (Project); and
WHEREAS, City has entered into an Agreement No. 8FG23407 with the State of California to carry out the Project.
NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF
THE CITY OF MONTEBELLO AS FOLLOWS:
SECTION 1.
1. Approves both the filing of an application for “State Greenhouse Gas Reduction Funding” Urban and Community Forestry grant program funds and the State of California Agreement No. 8FG23407; and
2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and,
3. Certifies that funds under the jurisdiction of the City Council are
RESOLUTION NO. 25-11
available to begin the project.
4. Certifies that said applicant will expend grant funds prior to June 30, 2028.
5. Appoints Raul Alvarez, City Manager, or a designee, as agent of the City Council to conduct negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the afore mentioned project.
SECTION 2. Be it further resolved and ordered, that any and all actions, whether previously or subsequently taken by the City, which are consistent with the intent and purposes of the foregoing resolution, shall be, and hereby are, in all respects, ratified, approved and confirmed.
SECTION 3. This Resolution shall take effect immediately upon adoption by the City Council. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF AUGUST 2025.
Salvador Melendez, Mayor
ATTEST: APPROVED AS TO FORM:
Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 25-11
RESOLUTION NO. 25-11
was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 13th day of August 2025 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
PROFESSIONAL SERVICES AGREEMENT NO. 4370
BY AND BETWEEN
THE CITY OF MONTEBELLO
AND
STATE DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) Attachment B
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 653-7772
Website: www.fire.ca.gov
January 24, 2025
Cesar Roldon
City of Montebello
1600 W Beverly Blvd
Montebello, CA 90640
8FG23407; City of Montebello, “City of Montebello Urban Forest Management Plan Project” This Agreement cannot be considered binding on either party until approved by appropriate authorized CAL FIRE designee. No services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior to final approval. FAILURE TO RETURN ALL DOCUMENTS BY DATE BELOW MAY RESULT IN LOSS OF FUNDING.
Please contact Darrik Carlson at (805) 393-3368 if you have questions concerning services to be performed.
1. Full grant agreement including terms and conditions, project grant application form, budget, and other exhibits enclosed.
Please sign, scan, and return the agreement to Matt Mercado at [email protected] no later than January 31, 2025.
In addition, the following completed documents are required before we can execute your agreement:
• Copy of City of Montebello chart of accounts
• Copy of City of Montebello organizational whistleblower policy • Copy of City of Montebello texting while driving policy
2. Enclosed for your record is one fully executed copy of the agreement referenced above. When billing for services performed under this agreement, your invoices must reference the agreement number above and be submitted to the contract manager.
Thank you,
Matt Mercado
Grants Analyst
Grants Management Unit
CC: Darrik Carlson, Forester I
Shayon Konjkav, Grants Manager
Walter Passmore, State Urban Forester
Rachel O’Leary, Partnership & Equity Supervisor
Enclosures
• Grant Agreement 8FG23407
• Complying with Civil Rights Requirements (FS-850)
• And Justice For All Poster (AD-475A)
“The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Raul Alvarez (Jan 28, 2025 10:03 PST)
State of California
Department of Forestry and Fire Protection (CAL FIRE)
Resource Management
GRANT AGREEMENT
APPLICANT: City of Montebello
PROJECT TITLE: City of Montebello Urban Forest Management Plan Project GRANT AGREEMENT: 8FG23407
PROJECT PERFORMANCE PERIOD is from date of latter signature by CAL FIRE Deputy Director or Grantee through March 31, 2028.
Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Department of Forestry & Fire Protection, agrees to fund the project up the total state grant amount indicated.
PROJECT DESCRIPTION:
This project will advance the City’s effort to develop and implement its first ever urban forest management plan (UFMP), to optimize the multiple benefits of an urban forest. Assessments will include completion of an inventory for all trees managed by the City, as well as a LiDAR-verified tree canopy analysis. Data collection will be completed through community surveying and workshops. Following assessments, a UFMP will be developed outlining the community’s objectives, with activities for the City to follow into the future. Guided by standards prioritized and outlined in the UFMP, at least 500 trees will be planted strategically throughout the City.
Total State Grant not to exceed $ 777,500.00 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.
STATE OF CALIFORNIA
City of Montebello
Applicant
DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
By By
Signature of Authorized Representative
Print Name: Raul Alvarez
Title: City Manager, City of Montebello
Title: Matthew Reischman
Deputy Director, Resource Management
Date Jan 28, 2025 Date 3/26/2025
CERTIFICATION OF FUNDING
GRANT AGREEMENT NUMBER
8FG23407
PO ID SUPPLIER ID
0000011767
FUND
0001
FUND NAME
General Fund
PROJECT ID
354023DG2021272
ACTIVITY ID
SUBGNT
AMOUNT OF ESTIMATE FUNDING
$ 777,500.00
GL UNIT
3540
BUD REF
001
ADJ. INCREASING ENCUMBRANCE
$ 777,500.00
PROGRAM NUMBER
9999000FED
ENY
See Attached
ADJ. DECREASING ENCUMBRANCE
$ 0.00
ACCOUNT
5340580
ALT ACCOUNT
5340580000
UNENCUMBERED BALANCE
$ 602,562.50
REPORTING STRUCTURE
35409503
SERVICE LOCATION
96113
Acknowledged - I hereby certify upon my personal knowledge that budgeted funds are available for this 4/1/2025
Date
encumbrance.
Certification of CAL FIRE Accounting Officer
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 State of California
Department of Forestry Fire Protection
Agreement Funding Certification
State Contract #: Project #: Purchase Order ID# Supplier ID# N/A 8FG23407 0000011767
Grantee Name Participant / Trustee
City of Montebello N/A
Grant Grand Total: $ 777,500.00
Fund Fund Name
0001 General Fund
Project ID Activity ID *GL Unit Bud Ref
354023DG2021272 SUBGNT 3540 001
Program Number ENY *Account Alt Acct
9999000FED 2024 5340580 5340580000
Rptg Structure Svc Loc
35409503 96113
Prior Amount Encumbered for this Agreement:
Projected Expenditure INCREASE Encumbrance by:
Projected Expenditure DECREASE Encumbrance by:
-
174,937.50
-
Amount Encumbered by this Document: $ 174,937.50
Fund Fund Name
0001 General Fund
Project ID Activity ID *GL Unit Bud Ref
354023DG2021272 SUBGNT 3540 001
Program Number ENY *Account Alt Acct
9999000FED 2025 5340580 5340580000
Rptg Structure Svc Loc
35409503 96113
Prior Amount Encumbered for this Agreement:
Projected Expenditure INCREASE Encumbrance by:
Projected Expenditure DECREASE Encumbrance by:
-
301,281.25
-
Amount Encumbered by this Document: $ 301,281.25
Fund Fund Name
0001 General Fund
Project ID Activity ID *GL Unit Bud Ref
354023DG2021272 SUBGNT 3540 001
Program Number ENY *Account Alt Acct
9999000FED 2026 5340580 5340580000
Rptg Structure Svc Loc
35409503 96113
Prior Amount Encumbered for this Agreement:
Projected Expenditure INCREASE Encumbrance by:
Projected Expenditure DECREASE Encumbrance by:
-
301,281.25
-
Amount Encumbered by this Document: $ 301,281.25
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 1 TERMS AND CONDITIONS OF GRANT AGREEMENT
I. RECITALS
1. This Agreement, is entered into between the State of California, by and through the California Department of Forestry and Fire Protection (CAL FIRE), hereinafter referred to as “STATE” and, City of Montebello, hereinafter referred to as “GRANTEE”.
2. The STATE hereby grants to GRANTEE a sum (hereinafter referred to as “GRANT FUNDS”) not to exceed Seven Hundred Seventy-Seven Thousand Five Hundred Dollars ($777,500.00).
3. In addition to the terms and conditions of this Agreement, the STATE and GRANTEE agree that the terms and conditions contained in the documents set forth below are hereby incorporated and made part of this agreement. a. Attachment A – Federal Financial Assistance Grant Agreement 23-DG11052021-272 between CAL FIRE and the USDA Forest Service (“FEDERAL AGREEMENT”)
b. Attachment B – Project Application
c. Attachment C – Project Budget
d. California Urban and Community Forestry Inflation Reduction Act 2024 Grant Guidelines
II. SPECIAL PROVISIONS
1. Recipients of GRANT FUNDS pursuant to Cooperative Forestry Assistance Act, P.L. 95-313 as amended, 16 U.S.C. 2105 and Public Law 117-169, Subtitle D, Section 23003(a) and the California Public Resources Code Section §4799.12 shall abide by the provisions in this Agreement. This includes the requirement that work shall not commence prior to the execution of this Agreement by both parties. Any work started prior to the execution of this Agreement will not be eligible for funding under the terms of this Agreement.
2. As precedent to the STATE’s obligation to provide funding, GRANTEE shall provide to the STATE for review and approval a detailed budget, specifications, and project description. Approval by the STATE of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work, and shall not relieve GRANTEE of the obligation to carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 2 3. All informational products (e.g., data, studies, findings, management plans, manuals, photos, etc.) relating to California’s natural environment produced with the use of GRANT FUNDS shall be available for public use.
4. This is a subaward under the Inflation Reduction Act Urban and Community Forestry #23-DG-11052021-272 awarded to STATE by the United States Department of Agriculture (USDA) Forest Service on August 2, 2023. The Federal Assistance Listing for the award is 10.727, Inflation Reduction Act Urban & Community Forestry Program. This subaward is funded solely with Federal funds and is subject to the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400. GRANTEE shall comply with the following requirements of the FEDERAL AGREEMENT.
a. C. SYSTEM FOR AWARD MANAGEMENT REGISTRATION
REQUIREMENT (SAM)
b. ATTACHMENT A: FOREST SERVICE AWARD PROVISIONS
i. D. SUBAWARDS
ii. I. USE OF FOREST SERVICE INSIGNIA
iii. J. FUNDING EQUIPMENT
iv. K. PUBLIC NOTICES
v. L. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS,
AUDIOVISUALS, AND ELECTRONIC MEDIA.
vi. M. COPYRIGHTING
vii. N. NONDISCRIMINATION STATEMENT – PRINTED,
ELECTRONIC, OR AUDIOVISUAL MATERIAL
viii. R. DEBARMENT AND SUSPENSION
ix. S. MEMBERS OF CONGRESS
x. T. TRAFFICKING IN PERSONS
xi. U. DRUG-FREE WORKPLACE
xii. V. PROHIBITION AGAINST USING FUNDS WITH ENTITITES
THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS.
xiii. W. ELIGIBLE WORKERS
xiv. X. FREEDOM OF INFORMATION ACT (FOIA)
xv. Y. TEXT MESSAGING WHILE DRIVING
xvi. Z. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM
xvii. AA. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
c. ATTACHMENT B: 2 CFR PART 170
d. ATTACHMENT C: WHISTLEBLOWER NOTICE
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 3 III. GENERAL PROVISIONS
1. Definitions
a. The term “Agreement” means grant agreement number 8FG23407. b. The term “GRANT FUNDS” means the money provided by the STATE to the GRANTEE in this Agreement.
c. The term “GRANTEE” means an applicant who has a signed Agreement for the award for GRANT FUNDS.
d. The term “Other Sources of Funds” means all matching fund sources that are required or used to complete the Project beyond the GRANT FUNDS provided by this Agreement.
e. The term “STATE” means the State of California, Department of Forestry and Fire Protection (CAL FIRE).
f. The term “Project” means the development or other activity described in the “Project Application” as Attachment B.
g. The term “Project Budget Detail” as used herein defines the approved budget plan as Attachment C.
h. The term “Project Scope of Work” as used herein means the individual scope of work describing in detail the approved tasks.
2. Project Representatives
The project representatives during the term of the agreement will be:
STATE: CAL FIRE GRANTEE: City of Montebello
Section/Unit:
HQ Resource Management
Section/Unit: N/A
Attention:
Darrik Carlson
Attention:
Cesar Roldon
Mailing Address:
P.O. Box 944246
Sacramento, CA 94244-2460
Mailing Address:
1600 W Beverly Blvd
Montebello, CA 90640
Phone Number:
(805) 393-3368
Phone Number: (323) 887-1462
Secondary: (323) 887-1363
Email Address:
[email protected]
Email Address:
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 4 Changes to the project representatives during the term of the agreement shall be made in writing. Notice shall be sent to the above representative for all notice provisions of this Agreement.
3. Project Execution
a. Subject to the availability of grant monies, the STATE hereby grants to the GRANTEE a sum of money (GRANT FUNDS) not to exceed the amount stated on Section I. RECITALS, Paragraph 2 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement.
b. GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any amendment to the Project as set forth in the Application on file with the STATE must be submitted to the STATE for approval in writing. No amendment is allowed until written approval is given by the STATE.
c. GRANTEE shall complete the Project in accordance with the time of Project performance set forth in this Agreement, unless an amendment has been approved and signed by the STATE under the terms and conditions of this Agreement. Amendments must be requested in advance and will be considered in the event of circumstances beyond the control of the GRANTEE, but no less than 60 days from the Agreement expiration date. The STATE may waive the minimum timeframe for amendments at their discretion. Approval of amendment is at the STATE’s discretion.
d. GRANTEE certifies that the Project Scope of Work complies with all local, State, and federal laws and regulations.
e. GRANTEE shall comply with the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et. seq. Title 14, California Code of Regulations, Section 15000 et. seq.) and all other local, State, and federal environmental laws. A copy of the certified CEQA document must be provided to STATE before any GRANT FUNDS are made available for any Project activity that could directly impact the environment (e.g. cutting, piling or burning bush, masticating, dozer work, etc.). CEQA compliance shall be completed within one (1) year from start date of the Agreement. The start date is considered the latter date of signature by the Grantee Authorized Representative or CAL FIRE Deputy Director. GRANT FUNDS will be made available in advance of CEQA compliance for project activities that do not have the potential to cause a direct environmental impact (e.g. project planning, locating and marking
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 5 property or project boundaries, contacting and signing up landowners, etc.).
f. GRANTEE shall permit periodic site visits by representative(s) of the STATE to ensure program compliance and that work is in accordance with the approved Project Scope of Work, including a final inspection upon Project completion.
g. GRANTEE, and the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents, of the STATE. No person who, as an officer, employee, or agent of the STATE participated in the preparation or creation of or determination to award this Grant Agreement shall serve as an agent or employee of GRANTEE including but not limited to those acts prohibited by Government Code Sections 1090, and 87100.
4. Project Costs and Payment Documentation
a. Payment by the STATE shall be made after receipt of an acceptable invoice and approval by a duly authorized representative of the STATE.
GRANTEE shall submit an invoice for payment to the CAL FIRE Project Representative of the STATE. A final invoice shall be submitted no later than 30 days after completion, expiration, or termination of this Agreement.
b. For services satisfactorily rendered, and upon receipt and approval of invoices for payment, the STATE agrees to compensate GRANTEE for actual expenditures incurred in accordance with the rates and activities specified in the Attachments made a part of this Agreement. c. GRANTEE shall submit, in arrears, not more frequently than once a month and not less frequently than quarterly, an invoice to the STATE for costs paid by GRANTEE pursuant to this Agreement. In the event no expenses are incurred, GRANTEE shall identify that no costs have been incurred within the respective quarterly progress report in lieu of submitting a zero balance invoice. Each invoice shall contain the following information: the Agreement number, the dates or time period during which the invoiced costs were incurred, signature of an authorized representative of GRANTEE, expenditures for the current invoice and cumulative expenditures to date by major budget category (e.g., salaries, benefits, supplies, etc.), match funds when applicable, and appropriate supporting documentation consistent with 2 CFR Part 200.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 6 d. GRANT FUNDS in this Agreement have a limited period in which they must be expended. All GRANTEE expenditures must occur prior to the end of the Project performance period of this Agreement. e. Except as otherwise provided herein, GRANTEE shall expend GRANT FUNDS in the manner described in the Budget approved by the STATE.
The dollar amount of an item in a budget category may be increased or decreased by up to ten percent (10%) of the budget item through reallocation of funds from other budget categories, without approval by the STATE; however, GRANTEE shall notify the STATE in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any increase or decrease of an item of more than ten percent (10%) of the budget category must be approved in writing by the STATE before any such increase or decrease is made. A formal approved amendment is required to increase the total amount of GRANT FUNDS.
f. GRANTEE shall promptly submit any and all records or information at the time and in the form as the STATE may request.
g. GRANTEE shall submit each invoice for payment electronically to the CAL FIRE Project Representatives identified in Section III General Provisions, Item 2. Hard copy submissions will not be accepted.
h. Notwithstanding any of the provisions stated within this Agreement, the STATE may at its discretion make advance payment from the grant awarded to the GRANTEE if GRANTEE is a nonprofit organization that is located in or providing service to disadvantaged or low-income communities. Advance payment made by the STATE shall be subject to the following provisions.
• GRANTEE shall submit an Advance Payment Expenditure Plan projecting the amount of advance funds needed over the duration of the project performance period. Concurrently, GRANTEE shall submit an Advance Payment Request and Accountability Report identifying how funds will be used accompanied by an Advance Payment Invoice demonstrating the approximate budget breakdown that provides the same level of detail as a regular invoice. • GRANTEE shall file an accountability report with STATE three months from the date of receiving the funds and every three months thereafter.
• Multiple advance payments may be made to a GRANTEE over the life of a project.
• No single advance payment shall exceed 5% or up to $50,000 of the total project budget and grant funds awarded. Advance funds
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 7 must be spent on eligible costs and fully utilized within a 90-day period unless additional time is approved by CAL FIRE.
• GRANTEE may request additional time to spend advance funds but must be approved in writing by the STATE. CAL FIRE will bill for the return of unliquidated advance funds after the approved timeframe.
• All work under a previous advance payment must be fully liquidated via an invoice and supporting documentation and completed to the STATE’s satisfaction before another advance payment will be made.
• In the event that significant deviations are expected or have been made to a previously approved Advance Payment Expenditure Plan, GRANTEE shall submit a new Advance Payment Expenditure Plan and associated documentation to STATE.
• Any advance payment received by a GRANTEE and not used for project eligible costs within the time period approved by STATE shall be returned to the STATE. The amount will be returned to the grant balance.
• Advance payments must be deposited into a Federally Insured interest-bearing account. Any interest earned on advance payment funds must be accounted for and used toward offsetting the project cost or returned to the STATE.
i. The GRANTEE shall immediately reimburse or credit, as determined by the STATE, the STATE for any over payment of any invoice, including final invoice, when either party determines an overpayment was made.
5. Budget Contingency Clause
a. If STATE funding for any fiscal year is reduced or deleted for purposes of this Agreement, the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or if possible and desirable, offer an Agreement amendment to GRANTEE to reflect the reduced amount available for the Project.
6. Project Administration
a. GRANTEE must report to the STATE all sources of other funds for the Project. If this provision is deemed to be violated, the STATE will request an audit of GRANTEE and can delay the disbursement of funds until the matter is resolved.
b. GRANTEE shall promptly submit written Project reports quarterly no later than the end of the month following the calendar periods ending March 31, June 30, September 30 and December 31. STATE may request
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 8 additional progress reporting throughout the term of this Agreement to meet reporting requirements of the FEDERAL AGREEMENT.
c. GRANTEE shall submit a final accomplishment report, final invoice with associated supporting documentation, and copies of materials developed using GRANT FUNDS, including but not limited to plans, educational materials, etc. within 30 days of Project completion.
d. GRANTEE must report to the State all sources of other funds for the Project. GRANTEE shall not use GRANT FUNDS from this Agreement as match toward another Federal Award. The State may request an audit of any project that does not fully comply with this provision.
7. Financial Records
a. GRANTEE shall retain all records described in Section 7(c) below for three (3) years after final payment by the STATE. In the case an audit occurs, all such records shall be retained for one (1) year from the date the audit is completed or the three (3) years, whichever date is later. b. GRANTEE shall maintain satisfactory financial accounts, documents, and records for the Project and make them available to the STATE for review during reasonable times. This includes the right to inspect and make copies of any books, records, or reports of GRANTEE pertaining to this Agreement or matters related thereto.
c. GRANTEE shall keep such records as the STATE shall prescribe, including, but not limited to, records which fully disclose (a) the disposition of the proceeds of state funding assistance, (b) the total cost of the Project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the Project cost supplied by other sources, and (d) any other such records as will facilitate an effective audit. All records shall be made available to the STATE, other State of California agency, or other entity as determined by the State of California for auditing purposes at reasonable times.
d. GRANTEE shall use any generally accepted accounting system.
8. Project Termination
a. This Agreement may be terminated by the STATE or GRANTEE upon 30- days written notice to the other party.
b. If either party terminates the Agreement prior to the completion of the Project, GRANTEE shall take all reasonable measures to prevent further costs to the STATE under the Agreement and the STATE shall be
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 9 responsible for any reasonable and non-cancelable obligations incurred by GRANTEE in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
c. Failure by GRANTEE to comply with the terms of this Agreement may be cause for suspension of all obligations of the STATE hereunder at the discretion of the STATE.
d. Failure of GRANTEE to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the STATE hereunder if in the judgment of the STATE such failure was due to no fault of GRANTEE.
At the discretion of the STATE, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
e. Final payment to GRANTEE may not be made until the STATE determines the Project conforms substantially to this Agreement.
9. Hold Harmless
a. GRANTEE shall defend, indemnify and hold the STATE, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of GRANTEE, its officers, agents, or employees. The duty of GRANTEE to indemnify and hold harmless includes the duty to defend as set forth in Civil Code Section 2778. This Agreement supersedes GRANTEE’s right as a public entity to indemnity (see Government Code Section 895.2) and contribution (see Government Code Section 895.6) as set forth in Government Code Section 895.4. b. GRANTEE waives any and all rights to any type of express or implied indemnity or right of contribution from the STATE, its officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement.
c. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this Agreement.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 10 10. Tort Claims
FEDERAL:
The United States shall be liable, to the extent allowed by the Federal Tort Claims Act 28 United States Code 2671-2680, for claims of personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Agreement.
STATE:
The State of California shall be liable, to the extent allowed by law and subject to California Government Code, Title 1, Division 3.6, providing for the filing of tort claims against the State of California, for personal injuries or property damage resulting from the negligent or wrongful act or omission of State of California employees while acting within the scope of his or her employment, arising out of this Agreement.
11. Nondiscrimination
This subaward is funded with Federal funds. The United States and the STATE prohibit discrimination in all Federal and STATE programs and activities, respectively, on the basis of race, color, national origin, age, disability, sex, marital status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. GRANTEE shall not discriminate against any person on any of these bases.
12. Civil Rights
GRANTEE agrees to comply with civil rights requirements as detailed in the Complying with Civil Rights Requirements brochure (FS-850) and the And Justice For All poster (AD-475A). The poster is to be placed at all public point of contact/reception areas.
13. Conflict of Interest
GRANTEE or anyone acting on behalf of GRANTEE shall not have any conflicting personal and/or financial interests in carrying out the duties of the Agreement.
14. Incorporation
The grant guidelines and the Project Scope of Work, Project Budget Detail and any subsequent amendments or modifications to the Project Scope of Work and
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 GRANT NUMBER 8FG23407
CITY OF MONTEBELLO
CITY OF MONTEBELLO URBAN FOREST MANAGEMENT PLAN PROJECT 11 Project Budget Detail approved in writing by the STATE are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.
15. Severability
If any provision of this Agreement or the Project Scope of Work thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
16. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.
17. Assignment
This Agreement is not assignable by GRANTEE either in whole or in part.
18. Survival Clause
The obligations of the Parties under Section III General Provisions, Items 4 (i) Project Costs and Payment Documentation and Item 10 Hold Harmless of this Agreement shall survive the termination or expiration of the Agreement.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419
ATTACHMENT A
Federal Financial Assistance Grant Agreement 23-DG-11052021- 272 between CAL FIRE and the USDA Forest Service
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FEDERAL FINANCIAL ASSISTANCE
AWARD OF DOMESTIC GRANT 23-DG-11052021-272
Between
FORESTRY AND FIRE PROTECTION, CALIFORNIA DEPARTMENT OF
And The
USDA, FOREST SERVICE
REGION 5
Project Title: Inflation Reduction Act Urban and Community Forestry Upon execution of this document, an award to Forestry and Fire Protection, California Department of, hereinafter referred to as “CAL FIRE,” in the amount of $43,200,000, is made under the authority of Cooperative Forestry Assistance Act, P.L. 95-313 as amended,16 USC 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The Federal Assistance Listing (formerly Catalog of Federal Domestic Assistance - CFDA) number and name are 10.727 IRA Urban & Community Forestry. CAL FIRE accepts this award for the purpose described in the application narrative. Your application for Federal financial assistance, dated June 16, 2023, and the attached Forest Service provisions, ‘Forest Service Award Provisions,’ are incorporated into this letter and made a part of this award.
This authority requires a match of $43,200,000, which your organization has agreed to provide as shown in the attached application, financial plan and narrative.
As addressed in Provision E and F, the financial status and performance reports are due on a quarterly basis for the periods ending March 31, June 30, September 30 and December 31.
CAL FIRE will also submit a financial report for the quarter in which there was financial transaction.
The final performance report is to be submitted no later than 120 days from the expiration date of the grant. The first reports will be due October 30, 2023 for the period ending Septermber 30, 2023
Send the financial status reports to Beverly Smith at the address on page 2 of this award, and the performance reports to Miranda Hutten at the address on page 2 of this award.
This is an award of Federal financial assistance. Prime and sub-recipients to this award are subject to the OMB guidance in subparts A through F of 2 CFR Part 200 as adopted and supplemented by the USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2 CFR 400 gives regulatory effect to the OMB guidance in 2 CFR 200 where full text may be found.
Electronic copies of the CFRs can be obtained at the following internet site: www.ecfr.gov. If you are unable to retrieve these regulations electronically, please contact your Grants and Agreements Office at 707-980-2967.
The following administrative provisions apply to this award:
Caring for the Land and Serving People Printed on Recycled Paper
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OMB 0596-0217
Expiration Date: 11/30/2017
Rev. (12-13)
A. LEGAL AUTHORITY. CAL FIRE shall have the legal authority to enter into this award, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the non-Federal share of project costs, when applicable.
B. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this award.
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact Walter Passmore
State Urban Forester
Parm Bains
Manager, Grants Management Unit
P.O. Box 944246 P.O. Box 944246
Sacramento, CA 94244-2460 Sacramento, CA 94244-2460
Telephone: 916-214-5420 Telephone: 916-894-9843
Email: [email protected] Email: [email protected] Principal Forest Service Contacts:
Forest Service Program Manager
Contact
Forest Service Administrative Contact
Miranda Hutten
Urban and Community Forestry
Program Manager
State & Private Forestry
1323 Club Drive
Vallejo, CA 94592
Telephone: (707) 562-9025
Email: [email protected]
Beverly Smith
Grants Manager
State & Private Forestry
1323 Club Drive
Vallejo, CA 94592
Telephone: (707) 980-2967
Email: [email protected]
C. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). CAL FIRE shall maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or award term(s). Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov.
D. ADVANCE AND REIMBURSABLE PAYMENTS – FINANCIAL ASSISTANCE.
Advance and reimbursable payments are approved under this award. Only costs for those project activities approved in (1) the initial award, or (2) modifications thereto, are allowable. Requests for payment must be submitted on Standard Form 270 (SF270), Request for Advance or Reimbursement, and must be submitted no more than monthly. In order to approve a Request for Advance Payment or Reimbursement, the Forest Service shall review such requests to ensure advances or payments for
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Award Number: 23-DG-11052021-272
reimbursement are in compliance and otherwise consistent with OMB, USDA, and Forest Service regulations.
Advance payments must not exceed the minimum amount needed or no more than is needed for a 30-day period, whichever is less. If the Recipient receives an advance payment and subsequently requests an advance or reimbursement payment, then the request must clearly demonstrate that the previously advanced funds have been fully expended before the Forest Service can approve the request for payment. Any funds advanced, but not spent, upon expiration of this award must be returned to the Forest Service.
The Program Manager reserves the right to request additional information prior to approving a payment.
The invoice must be sent by one of three methods: Send a copy to:
EMAIL (preferred): [email protected]
FAX: 877-687-4894
POSTAL: Albuquerque Service Center
Payments – Grants & Agreements
101B Sun Ave NE
Albuquerque, NM 87109
E. INDIRECT COST RATES. The approved indirect cost rate at the time of execution is
12.16% as shown in the NICRA provided by the Cooperator.
As new NICRAs are agreed to between CAL FIRE and their cognizant audit agency, the revised provisional or final rate(s) are automatically incorporated into this award, as appropriate, and must specify (1) the agreed upon rates, (2) the bases to which the rates apply, (3) the fiscal year for which the rates apply, and (4) the items treated as direct costs. The award obligation will not increase as a result of indirect cost rate increases.
Updates to NICRAs will not affect the total funds available for this award unless documented in a formally executed modification.
If the NICRA is for a provisional rate, CAL FIRE shall be reimbursed at the established provisional rate(s), subject to appropriate adjustment when the final rate(s) for the fiscal year are established.
F. PRIOR WRITTEN APPROVAL. CAL FIRE shall obtain prior written approval pursuant to conditions set forth in 2 CFR 200.407.
G. MODIFICATIONS. Modifications within the scope of this award must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 45 days prior
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Award Number: 23-DG-11052021-272
to implementation of the requested change. The Forest Service is not obligated to fund any changes not properly approved in advance.
H. PERIOD OF PERFORMANCE. This agreement is executed as of the date of the Forest Service signatory official signature.
The end date, or expiration date is 06/30/2028. This instrument may be extended by a properly executed modification. See Modification Provision above.
I. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this award. In witness whereof the parties hereto have executed this award.
MATTHEW REISCHMAN, Deputy Director,
Resources Management, CAL FIRE
8/2/2023
Date
SHERRY
HAZELHURST
SHERRY HAZELHURST, Director
Digitally signed by SHERRY
HAZELHURST
Date: 2023.08.02 16:12:15 -07'00'
Date
USDA Forest Service, State & Private Forestry,
Region 5
The authority and the format of this award have been reviewed and approved for signature.
JASON BUCKNER
USDA Forest Service Grants Management Specialist
Date
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Award Number: 23-DG-11052021-272
ATTACHMENT A: FOREST SERVICE AWARD PROVISIONS
A. COLLABORATIVE ARRANGEMENTS. Where permitted by terms of the award and Federal law, CAL FIRE a may enter into collaborative arrangements with other organizations to jointly carry out activities with Forest Service funds available under this award.
B. FOREST SERVICE LIABILITY TO THE RECIPIENT. The United States shall not be liable to CAL FIRE for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work under this award, including damage to any property owned by CAL FIRE or any third party.
C. NOTICES. Any notice given by the Forest Service or CAL FIRE will be sufficient only if in writing and delivered in person, mailed, or transmitted electronically by email or fax, as follows:
To the Forest Service Program Manager, at the address specified in the award.
To CAL FIRE, at the address shown in the award or such other address designated within the award.
Notices will be effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later.
D. SUBAWARDS. Prior approval is required to issue subawards under this grant. The intent to subaward must be identified in the approved budget and scope of work and approved in the initial award or through subsequent modifications. Approval of each individual subaward is not required, however the cooperator must document that each sub-recipient does NOT have active exclusions in the System for Award Management (sam.gov).
The Cooperator must also ensure that they have evaluated each subrecipient’s risk in accordance with 2 CFR 200.332 (b).
Any subrecipient under this award must be notified that they are subject to the OMB guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400. Any sub-award must follow the regulations found in 2 CFR 200.331 through .333.
All subawards $30,000 or more must be reported at fsrs.gov in compliance with 2 CFR 170. See Attachment B for full text.
E. FINANCIAL STATUS REPORTING. A Federal Financial Report, Standard Form SF425 (and Federal Financial Report Attachment, SF-425A, if required for reporting multiple awards), must be submitted quarterly. These reports are due 30 days after the reporting period ending March 31, June 30, September 30, and December 31. The final
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Award Number: 23-DG-11052021-272
SF-425 (and SF-425A, if applicable) must be submitted either with the final payment request or no later than 120 days from the expiration date of the award. These forms may be found at https://www.grants.gov/web/grants/forms.html.
F. PROGRAM PERFORMANCE REPORTS. The recipient shall perform all actions identified and funded in application/modification narratives within the performance period identified in award.
In accordance with 2 CFR 200.301, reports must relate financial data to performance accomplishments of the federal award.
CAL FIRE shall submit quarterly performance reports. These reports are due 30 days after the reporting period ending March 31, June 30, September 30, and December 31.
The final performance report shall be submitted either with CAL FIRE’s final payment request, or separately, but not later than 120 days from the expiration date of the award.
Additional pertinent information:
Performance reports shall contain information on the following:
- A comparison of actual accomplishments to the goals established for the period.
Where the output of the project can be readily expressed in numbers, a computation of the cost per unit of output, if applicable,
- Reason(s) for delay if established goals were not met, - Changes planned,
- Budget status.
G. NOTIFICATION. CAL FIRE shall immediately notify the Forest Service of developments that have a significant impact on the activities supported under this award. Also, notification must be given in case of problems, delays or adverse conditions that materially impair the ability to meet the objectives of the award. This notification must include a statement of the action taken or contemplated, and any assistance needed to resolve the situation.
H. CHANGES IN KEY PERSONNEL. Any revision to key personnel identified in this award requires notification of the Forest Service Program Manager by email or letter.
I. USE OF FOREST SERVICE INSIGNIA. In order for CAL FIRE to use the Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted by the Forest Service’s Office of Communications (Washington Office). A written request will be submitted by Forest Service, Program Manager, to the Office of Communications Assistant Director, Visual Information and Publishing Services prior to use of the insignia. The Forest Service Program Manager will notify CAL FIRE when permission is granted.
J. FUNDING EQUIPMENT. Federal funding under this award is not available for reimbursement of CAL FIRE’s purchase of equipment. Equipment is defined as having
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Award Number: 23-DG-11052021-272
a fair market value of $5,000 or more per unit and a useful life of over one year.
Supplies are those items that are not equipment.
K. PUBLIC NOTICES. It is Forest Service's policy to inform the public as fully as possible of its programs and activities. CAL FIRE is encouraged to give public notice of the receipt of this award and, from time to time, to announce progress and accomplishments.
CAL FIRE may call on Forest Service's Office of Communication for advice regarding public notices. CAL FIRE is requested to provide copies of notices or announcements to the Forest Service Program Manager and to Forest Service's Office Communications as far in advance of release as possible.
L. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, AUDIOVISUALS, AND ELECTRONIC MEDIA. CAL FIRE shall acknowledge Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this award. Follow direction in USDA Supplemental 2 CFR 415.2.
M. COPYRIGHTING. CAL FIRE is/are granted sole and exclusive right to copyright any publications developed as a result of this award. This includes the right to publish and vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this award.
No original text or graphics produced and submitted by the Forest Service shall be copyrighted. The Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for federal government purposes.
This right shall be transferred to any sub-awards or subcontracts.
This provision includes:
The copyright in any work developed by CAL FIRE under this award.
Any right of copyright to which CAL FIRE purchase(s) ownership with any federal contributions.
N. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. CAL FIRE shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding.
In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.)
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Program information may be made available in languages other than English.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; o (2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].
If the material is too small to permit the full Non-Discrimination Statement to be included, the material will, at a minimum, include the alternative statement:
“This institution is an equal opportunity provider.”
O. DISPUTES.
1. Any dispute under this award shall be decided by the Signatory Official. The Signatory Official shall furnish CAL FIRE a written copy of the decision.
2. Decisions of the Signatory Official shall be final unless, within 30 days of receipt of the decision of the Signatory Official, CAL FIRE appeal(s) the decision to the Forest Service's Director, State & Private Forestry (SPF). Any appeal made under this provision shall be in writing and addressed to the Director, SPF, USDA, Forest Service, Washington, DC 20024. A copy of the appeal shall be concurrently furnished to the Signatory Official.
3. In order to facilitate review on the record by the Director, SPF, CAL FIRE shall be given an opportunity to submit written evidence in support of its appeal. No hearing will be provided.
4. A decision under this provision by the Director, SPF is final.
5. The final decision by the Director, SPF does not preclude CAL FIRE from pursuing remedies available under the law.
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P. AWARD CLOSEOUT. CAL FIRE must submit, no later than 120 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award.
Any unobligated balance of cash advanced to CAL FIRE must be immediately refunded to the Forest Service, including any interest earned in accordance with 2 CFR 200.344(d).
If this award is closed without audit, the Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later.
Q. TERMINATION. This award may be terminated, in whole or part pursuant to 2 CFR 200.340.
R. DEBARMENT AND SUSPENSION. CAL FIRE shall immediately inform the Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should CAL FIRE or any of their principals receive a transmittal letter or other official federal notice of debarment or suspension, then they shall notify the Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. The Recipient shall adhere to 2 CFR Part 180 Subpart C in regards to review of sub-recipients or contracts for debarment and suspension.
All subrecipients and contractors must complete the form AD-1048, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions. Blank forms are available electronically. Completed forms must be kept on file with the primary recipient.
S. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise therefrom, either directly or indirectly.
T. TRAFFICKING IN PERSONS.
1. Provisions applicable to a Recipient that is a private entity. a. You as the Recipient, your employees, Subrecipients under this award, and Subrecipients’ employees may not:
(1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in effect; or
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(3) Use forced labor in the performance of the award or subawards under the award.
b. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a Subrecipient that is a private entity:
(1) Is determined to have violated a prohibition in paragraph a.1 of this award term; or
(2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement),’’.
2. Provision applicable to a Recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity:
a. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either—
(1) Associated with performance under this award; or
(2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’
3. Provisions applicable to any recipient.
a. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
(2) Is in addition to all other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
4. Definitions. For purposes of this award term:
a. ‘‘Employee’’ means either:
(1) An individual employed by you or a subrecipient who is engaged in the
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performance of the project or program under this award; or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. b. ‘‘Forced labor’’ means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c. ‘‘Private entity’’:
(1) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (2) Includes:
i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). ii. A for-profit organization.
d. ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and ‘‘coercion’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
U. DRUG-FREE WORKPLACE.
1. CAL FIRE agree(s) that it will publish a drug-free workplace statement and provide a copy to each employee who will be engaged in the performance of any project/program that receives federal funding. The statement must a. Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace; b. Specify the actions CAL FIRE will take against employees for violating that prohibition; and
c. Let each employee know that, as a condition of employment under any award, the employee:
(1) Shall abide by the terms of the statement, and
(2) Shall notify CAL FIRE in writing if they are convicted for a violation of a criminal drug statute occurring in the workplace, and shall do so no more than 5 calendar days after the conviction.
2. CAL FIRE agree(s) that it will establish an ongoing drug-free awareness program to inform employees about
a. The dangers of drug abuse in the workplace;
b. The established policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation and employee assistance programs; and
d. The penalties that you may impose upon them for drug abuse violations occurring in the workplace.
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3. Without the Program Manager’s expressed written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days after the effective date of this instrument, or the completion date of this award, whichever occurs first.
4. CAL FIRE agrees to immediately notify the Program Manager if an employee is convicted of a drug violation in the workplace. The notification must be in writing, identify the employee’s position title, the award number of each award on which the employee worked. The notification must be sent to the Program Manager within 10 calendar days after CAL FIRE learns of the conviction.
5. Within 30 calendar days of learning about an employee’s conviction, CAL FIRE must either
a. Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 USC 794), as amended, or
b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency.
V. PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS.
1. The recipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
2. The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (1) of this award provision are no longer in effect.
3. The prohibition in paragraph (1) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information.
4. If the Government determines that the recipient is not in compliance with this award provision, it;
a. Will prohibit the recipient’s use of funds under this award in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and b. May pursue other remedies available for the recipient’s material failure to comply with award terms and conditions.
W. ELIGIBLE WORKERS. CAL FIRE shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and
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Nationality Act (8 U.S.C. 1324(a)). CAL FIRE shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental instruments awarded under this award.
X. FREEDOM OF INFORMATION ACT (FOIA). Public access to award or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 315(e).
Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill).
Y. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperators, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government.
Z. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM. As a recipient of USDA financial assistance, you will comply with the following:
1. Do not discriminate against applicants for sub-grants on the basis of their religious character.
2. 7 Code of Federal Regulations (CFR) part 16.3(a), Rights of Religious Organizations.
3. Statutory and National policy requirements, including those prohibiting discrimination and those described in Executive Order 13798 promoting free speech and religious freedom, 2 CFR 200.300.
AA. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The cooperator (including subrecipients) is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information.
In accordance with 2 CFR 200.216, the grantee (including subrecipients) is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to:
(1) procure or obtain, extend or renew a contract to procure or obtain; (2) enter into a contract (or extend or renew a contract) to procure; or (3) obtain the equipment, services or systems.
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BB. DAVIS BACON WAGES FOR CONSTRUCTION. Following the requirement in Section 41101 of the Bipartisan Infrastructure Law, P.L. 117-58, Davis-Bacon wage rates must be applied for all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this Act. Laborers and mechanics shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ‘‘Davis-Bacon Act’’).
ATTACHMENT B: 2 CFR PART 170
Appendix A to Part 170—Award Term
I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting total compensation of recipient executives for non-Federal entities.
1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320;
ii. in the preceding fiscal year, you received—
(A)80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
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Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if—
i. in the subrecipient’s preceding fiscal year, the subrecipient received— (A)80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward.
For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions.
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient.
e. Definitions. For purposes of this award term:
1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).
2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity;
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iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization
3. Executive means officers, managing partners, or any other employees in management positions.
4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.
5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.
6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)).
END OF ATTACHMENT B: 2 CFR PART 170
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ATTACHMENT C: WHISTLEBLOWER NOTICE
Whistleblowers perform an important service to USDA and the public when they come forward with what they reasonably believe to be evidence of wrongdoing. They should never be subject to reprisal for doing so. Federal law protects federal employees as well as personal services contractors and employees of Federal contractors, subcontractors, grantees, and subgrantees against reprisal for whistleblowing. USDA bears the responsibility to ensure that nothing in a non-disclosure agreement which a contractor, subcontractor, grantee, or subgrantee requires their employees to sign should be interpreted as limiting their ability to provide information to the Office of Inspector General (OIG). 41 U.S.C. § 4712 requires the head of each executive agency to ensure that its contractors inform their workers in writing of the rights and remedies under the statute.
Accordingly, it is illegal for a personal services contractor or an employee of a Federal contractor, subcontractor, grantee, or subgrantee to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure. In this context, these categories of individuals are whistleblowers who disclose information that the individual reasonably believes is evidence of one of the following:
• Gross mismanagement of a Federal contract or grant;
• A gross waste of Federal funds;
• An abuse of authority relating to a Federal contract or grant; • A substantial and specific danger to public health or safety; or • A violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.
To be protected under 41 U.S.C. § 4712, the disclosure must be made to one of the following:
• A Member of Congress, or a representative of a committee of Congress; • The OIG;
• The Government Accountability Office (GAO);
• A Federal employee responsible for contract or grant oversight or management at USDA;
• An otherwise authorized official at USDA or other law enforcement agency; • A court or grand jury; or
• A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.
Under 41 U.S.C. § 4712, personal services contractors as well as employees of contractors, subcontractors, grantees, or subgrantees may file a complaint with OIG, who will investigate the matter unless they determine that the complaint is frivolous, fails to allege a violation of the prohibition against whistleblower reprisal, or has been addressed in another proceeding.
OIG’s investigation is then presented to the head of the executive agency who evaluates the facts of the investigation and can order the contractor, subcontractor, grantee, or subgrantee
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to take remedial action, such as reinstatement or back pay.
Federal Acquisition Regulation (FAR) Subpart 3.903, Whistleblower Protections for Contractor Employees, Policy, prohibits government contractors from retaliating against a contract worker for making a protected disclosure related to the contract. FAR Subpart
3.909-1 prohibits the Government from using funds for a contract with an entity that requires its employees or subcontractors to sign internal confidentiality statements prohibiting or restricting disclosures of fraud, waste, or abuse to designated persons. This prohibition does not contravene agreements pertaining to classified information. The regulation also requires contracting officers to insert FAR clause 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts that exceed the Simplified Acquisition Threshold as defined in FAR Subpart 3.908.
This clause requires notification to contractor employees that they are subject to the whistleblower rights and remedies referenced in 41 U.S.C. § 4712.
In order to make a complaint alleging any of the violations mentioned above, one should complete the OIG Hotline form located at: https://www.usda.gov/oig/hotline. For additional information, they may also visit the WPC’s webpage at: https://www.usda.gov/oig/wpc or they may directly contact the WPC at [email protected].
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ATTACHMENT B
Project Application
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Applications: Cesar Roldon
Please read through the
IRA Grant Guidelines
thoroughly before submitting the application. Applicants must answer all required questions which are identified with asterisks (*). Other questions are either optional or may not apply to all grant types. Grant applications are due May 30, 2024, by 5:00 PM PDT.
Note: Additional help text for some questions can be found under the text boxes.
Grant Type
Please select the grant type you are applying for.
Urban Forest Management Activities
Applicant Information
Profile
[email protected]
Primary Project Contact (First and Last Name)
Cesar Roldon
Organization
City of Montebello
Title
Director of Public Works
Email
[email protected]
Phone Number
323-887-1462
Secondary Project Contact
First and Last Name
Raul Alvarez
Organization
City of Montebello
Title
City Manager
Email
[email protected]
Phone Number
323-887-1363
Organization Information
Organization Name
City of Montebello
Organization Legal Address
1600 W Beverly Blvd.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 City
Montebello
State
CA
Zip Code
90640
Organization Website
https://www.montebelloca.gov/
Congressional District
38 Please use
My Congressional District
link to determine your district.
Authorized Representative/Signatory
First and Last Name
Cesar Roldon
Title
Director of Public Works
Email
[email protected]
Phone Number
323-887-1462
Business, Finance, or Accounting Representative
First and Last Name
Cesar Roldon
Title
Director of Public Works
Email
[email protected]
Phone Number
323-887-1462
Did your agency receive a National Inflation Reduction Act grant award from the USDA Forest Service Urban and Community Forestry Program in 2023?
No
If yes, please include the award amount and a brief project description.
N/A
Project Eligibility
Please select which of the following describes your organization. Eligible applicants include cities, counties, qualifying districts, and federally recognized Tribal Nations. Districts include, but are not limited to, school, park, recreation, water, and local taxing districts.
Nonprofit organizations are not eligible for this grant type but may be partners in such projects.
City, County, or Qualifying District
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Upload IRS Determination Letter of 501(c)(3) status, if applicable Upload proof that the project area, population, or community served through this project is identified as a priority population, disadvantaged and/or low-income per one of the tools listed on page 11 of the IRA Grant Guidelines City of Montebello Proof of Priority Populations.pdf
Project Introduction
Project Title
City of Montebello Urban Forest Management Plan Project Brief Project Description
This project will advance the City’s effort to develop and implement its first ever urban forest management plan (UFMP), to optimize the multiple benefits of an urban forest. The project will begin with robust assessments of existing green infrastructure, as well as community-driven feedback on urban forest health. Assessments will include completion of an inventory for all trees managed by the City, as well as a LiDAR-verified tree canopy analysis. Data collection will be completed through community surveying and workshops, to understand residents’ perceptions of the current environment, in addition to their priorities for a healthy future urban forest. Following assessments, a UFMP will be developed outlining the community’s objectives, with activities for the City to follow into the future. Existing City planning documents will be reviewed and updated where needed, to align with the UFMP. After the UFMP has been revised and approved by the City Council, community tree planting will formally begin.
Guided by standards prioritized and outlined in the UFMP, at least 500 trees will be planted strategically throughout the City. Greening will largely be conducted through volunteer efforts, by recruiting residents engaged earlier in the surveying stage. After planting and installation, long-term tree care will follow for the duration of a minimum establishment period, in order to ensure sustainability of green infrastructure investments. This proposal will be implemented in partnership with TreePeople, who will support project management, equitable community engagement, UFMP research and drafting, tree planting installation, and long term tree care maintenance for project sustainability.
Total Grant Funding Requested (CAL FIRE Share)
$777,500.00
What is your primary source of technical advice?
Bryan Vejar, TreePeople Senior Manager of Arboricultural Training and Education, and Board-Certified Master Arborist, will provide technical advice on this project: [email protected]/ (818) 753-4600. Vejar will advise on logistical support and guidance towards project objectives, as well as the development of the UFMP, to ensure alignment with best practices and standards including those of the International Society of Arboriculture (ISA) and American National Standards Institute (ANSI).
Partner Information
List the primary partners, including full name, organization, title, email, and phone number of key representatives supporting the project.
Briefly describe the project tasks/activities each partner will be involved with.
TreePeople: David Pineda, Director of Operations: [email protected]/ (626) 617-5471. TreePeople will support with project management, community engagement, UFMP drafting, tree planting, and tree care. Born from the roots of youth activism 50 years ago, TreePeople has engaged more than 3 million people of all ages in planting and caring for more than 3 million trees since its founding in 1973. TreePeople is well-positioned to deliver climate resiliency resources to communities, based on five decades of developed partnership networks, capacity in cross-sector programming, and demonstrated success. Across the Los Angeles and Inland Empire regions, TreePeople is currently implementing a number of community initiatives with a similar approach and scale to those proposed in this project, utilizing full time staff teams. TreePeople urban greening projects are successful and sustainable, estimated at a 95% planting site survival rate that is achieved through a minimum establishment care period, and which has been demonstrated through comparable recent projects.
West Coast Arborists, Inc. (WCA): Lissette Rios, 714-783-5457, [email protected]. As the City’s tree care contractor, WCA will support with updating tree inventory data, as well as providing long term maintenance guidance to the UFMP. WCA, Inc. has provided quality urban forestry maintenance and management services to municipalities and public agencies since 1972. WCA is committed to helping develop a future professional green jobs workforce within the communities in which they work, and ensures the highest standard of International Society of Arboriculture-certified training for tree care professionals. WCA is a leader in the tree care industry throughout California and Arizona.
Upload signed letters of commitment from all primary partner organizations.
Montebello UFMP - TreePeople Letter.pdf
Project Information
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Project Background
The City of Montebello in East Los Angeles is home to over 63,000 residents, of whose 78% Latinx and 13% Asian population, median household income is typically only 80% of that in California as a whole. With CalEnviroScreen ranking in the 95th percentile/100 for overall pollution burden, Montebello shows intense levels of air pollution, with scores of 79 for airborne particulate matter, and 88 for toxic substance release events, as well as 84 for hazardous waste and 96 for solid waste exposures. These issues also lead to families experiencing associated high scores for asthma rate, low birth weight, and cardiovascular disease, as a result of environmental risks. With extended heat waves increasing due to climate change and pollution exposures, extreme “heat islands” like Montebello in the urban core of LA cause further risk to residents, as a 96% housing occupancy rate here leaves a lack of available alternatives to older homes without adequate HVAC. During an average summer, “tree poor” areas like this across Greater LA see a 30% increase in all-cause mortality. In the US, heat waves kill more people than any other weather-related phenomenon.
Originally an agricultural community, in 1945 the “Montebello Incident” began with an herbicide manufacturer in Alhambra pouring toxic waste into a floor drain, which contaminated water supplies leading to an underground aquifer used by the City of Montebello – directly polluting water wells, and poisoning 25,000 people then living the city. Despite expensive efforts to mediate at the time, residents complained of toxic effects for years, leading to California's landmark Dickey Water Pollution Act of 1949 – the state’s first comprehensive clean water legislation. Water supplies and air quality are still threatened by the 15-square kilometer Montebello Oil Field, and the City has faced a number of stormwater discharge issues in recent years.
Montebello has a rich history dating to the indigenous Tongva people, as well as Franciscan Missionaries who established the original San Gabriel Mission near where San Gabriel Boulevard now crosses the Rio Hondo River. In the early 20th century, Montebello boasted an ideal climate, productive soil, and an abundance of water, famed for its farming and produce. Standard Oil Company discovered crude on a property in 1917, bringing revolutionary changes to Montebello that converted rolling farmlands to oil fields, producing one-eighth of California’s crude oil by 1920.
Yet, with increasing climate impacts to our population and all Angelenos, in Montebello we acknowledge that future resiliency will require we think differently about environmental justice and our urban forest, to balance a greener, healthier future for all residents. As a result, Montebello seeks to address this urgency with the development and implementation of our first ever Urban Forestry Management Plan with this proposal.
Project Goals
With growing issues in community climate change resilience, the state of urban forestry as a source of nature-based solutions has inspired a number of community-based organizations and public agencies to partner in the strategic identification of local goals for shade, clean air and stormwater capture. In 2022, the Gateway Cities Council of Governments (COG), TreePeople, and the Loyola Marymount University Center for Urban Resilience collaborated to conduct evidence-based tree canopy prioritization for the City of Montebello. This research process utilized highresolution LiDAR tree canopy data as foundational information with which to then engage the public in identifying local perceptions and priorities around trees, as well as specific needs for greening in the city. Analysis of tree canopy data showed that the City of Montebello has only a 13% existing tree canopy cover – among the lowest canopy rates in all of LA County, which averages a 25% canopy overall, with wealthier LA neighborhoods enjoying a canopy rate as high as 35%. These analyses also found that Montebello has significant, accessible place-based opportunities to increase its future tree canopy, with 48% of City land areas found to be appropriate for Possible Tree Canopy expansion.
Based on the opportunities in City of Montebello’s tree canopy prioritization report, as well as growing environmental action in the City, and a responsible consideration of City resources, this project will include the following climate resiliency goals, for our first Urban Forest Management Plan:
1. Understand the current state of the City’s urban forest: Identification of evidence-based, site-dependent strategies to reduce heat, lower landscape water use, mitigate pollution, capture and filter stormwater, protect urban wildlife, and connect people to greenspace.
2. Protect and preserve the City’s existing urban forest: Solidify a formal UFMP through interagency and resident-level community collaboration, promoting equitable inclusion at all stages, for urban climate resiliency creating sustainable, long-term impact.
3. Strategically expand the City’s tree canopy: Begin implementation of the UFMP through wide-scale, community-driven urban greening projects in the City, prioritizing the needs of historically disadvantaged neighborhoods and populations.
4. Engage the community regarding its urban forest: Create meaningful stewardship impact for residents, building connections to nature through direct involvement in localized, volunteer-driven conservation action, adapted to resident’s own priorities.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Project Objectives
Benefitting people and nature at the same time, nature based solutions are key to climate resilience for Montebello, as these strategies are known to be just as effective as human engineered environmental interventions, yet typically less costly, more sustainable over the long term for ecosystems, and more equitable to localized populations. In order to achieve to our evidence-based goals from the City of Montebello’s tree canopy prioritization report, as well as include diverse resident voices and community-drive priorities in transforming the City’s response to climate change, our objectives in this project will include the following:
1. Developing a robust understanding of the state of the city’s urban forest: The City will conduct a thorough urban forestry assessment that includes canopy cover locations and percentages, a physical tree inventory, community input, and recently-completed ground truthing reports. The tree inventory and canopy assessment will be instrumental in producing recommendations for an Urban Forest Management Plan (UFMP) to improve the immediate and long-term management of the City’s urban forest. Additionally, tree inventory and canopy assessment support the community engagement and feedback component of this project, by deeply embedding local voices in this project from the start. Both assessments will be summarized to support further community education and engagement processes that will contribute to refining the UFMP recommendations, and eventually implementing the plan at a neighborhood level.
2. Providing the City with a comprehensive, functional UFMP: The City will develop and adopt its first formal UFMP. This plan will be the City’s guiding document to ensure that the benefits of a healthy urban forest grow in a sustainable way through changing climate conditions, and are made available equitably to the entire community. A main goal of the City’s UFMP will be to improve citywide canopy cover for the long term, in order to combat extreme heat, provide stormwater and air pollution mitigation, and improve beautification for recreation and public health. In this process, related City policies that connect to urban forestry planning will be reviewed and updated, to guarantee seamless adoption into current maintenance schedules, and continuity of urban forest management procedures into the future.
3. Planting and distributing 750 trees in the community: After the UFMP is completed and officially adopted, the City will begin implementation of its recommendations for community tree planting. Tree planting locations, species, and connectivity corridors will be guided by the data collection and community feedback collected in the completed UFMP. Planting implementation will also be guided through a volunteer-led, community-based approach conducted in partnership with TreePeople.
4. Supporting a community education and engagement process: Throughout the UFMP and tree planting processes, the City will educate the community on grant activities, tree care, and urban forest management. We will work with schools, community groups, and local businesses to involve and engage community stakeholders. We will host a series of local educational workshops, City meetings, and volunteer public tree planting events – both to inform and build excitement for conservation activities connecting people to their urban forest. Education elements on project progress, green jobs, and local opportunities to get involved with urban greening will also be guided through our partnership with TreePeople.
In these objectives, the involvement of project partner TreePeople will be critical to accomplishing our shared grant activities. Born from the roots of youth civic activism over 50 years ago, TreePeople has engaged more than 3 million volunteers of all ages in planting and caring for more than 3 million trees across the Greater Los Angeles region. TreePeople is well-positioned to deliver climate resiliency resources to communities, based on five decades of developed partnership networks, capacity in cross-sector programming, and demonstrated project success. Across Los Angeles area and Inland Empire cities, TreePeople is currently implementing a number of community initiatives with a similar approach and scale to those proposed in this project, utilizing ISA-certified full time staff teams.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Project Scope of Work
The City will partner with TreePeople and West Coast Arborists, Inc. (WCA) to successfully conduct this project. All partner entities have existing successful working relationships with local public agencies and CBOs, allowing for the timely start of the project. TreePeople will partner with the City to perform project management, community engagement support, UFMP development, and leadership of subsequent tree planting activities – ensuring the project delivers on community-identified goals. TreePeople will also support the City as it navigates UFMP implementation as part of this project, for successful long-term improvements to the urban forest, and involvement of local residents in that goal. Residents will be heavily involved in this project through education, feedback, and volunteerism.
The City will contract completion of existing tree inventory and canopy assessment to WCA, which will complete this reporting according to ISA and CAL FIRE standards for data collection. WCA will utilize an ISA-Certified Arborist to inventory all public trees in the city including streets, medians, parks, right of ways, and public facilities. Data collection per tree site will include species, type of site, tree condition, recommendations, height, and diameter at shoulder height. Vacant sites will also be cataloged, in an effort to identify new suitable tree planting locations. Following completion, data will be provided to the City in a GIS, web-based platform (ArborAccess), to ensure functionality as an ongoing management tool, as well as educational resources for City staff. The city will use collected data to integrate this information into the UFMP prepared by TreePeople.
To ensure robust community outreach and education, the City and TreePeople will host at least 5 community workshops that present data collected on urban forestry to the City of Montebello’s residents. These workshops will take place at various locations and times to accommodate maximum participation. We anticipate additional outreach and engagement will also take place during upcoming public City events, as well as regional TreePeople events. Throughout the engagement process, the City and TreePeople will record resident feedback in an urban forestry survey with the community. Prefaced by a summary of the current local tree inventory and canopy assessment, survey data will be taken to understand the community’s current understanding of trees and climate resilience, as well as to identify and integrate their urban forest priorities into the project.
Informed by research on tree inventory data, canopy assessments, and this community survey, the City’s UFMP development will begin, with TreePeople and a consultant leading development of the plan through guidance from City staff. The City and TreePeople will meet on a monthly to biweekly basis during the creation of the UFMP, to ensure alignment with existing City goals, resources, and policy measures. The plan will be designed to include, at minimum: A shared vision for the urban forest, an inventory assessment, quantified urban forest benefits, strategic plans, routine maintenance procedures, a street tree planting plan, recommended tree species, and evaluation tools. Critical to successful project life, tree maintenance procedures will be designed to follow ISA and urban forestry best management practices (as aligned with city needs), related to planting, trimming, removal, care treatments, and health assessments. A draft version of the UFMP will then be presented to the City Council, residents, and local stakeholders for review. Following feedback, TreePeople will conduct revisions as necessary, until approved and adopted by city officials. Once this process is complete, the City Council also commits to review and align related local ordinances and policies for continuity if needed.
Following the adoption of the UFMP, the City and TreePeople will begin implementation with the planting of 500 public shade trees and distributing of 250 residential trees to residents. TreePeople will utilize its community-based engagement model to involve residents in site-level tree care support through volunteer planting events, watering cycles, and maintenance events – with young tree care also conducted by TreePeople staff, to support reliable establishment rates. Site data on trees planted will be transferred by TreePeople to City staff for inclusion in the City’s recently completed inventory reports, ensuring all new green infrastructure investments will be included in long-term maintenance and management cycles.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Project Deliverables
Developing a formal UFMP will produce a number of deliverables helping City staff ensure a more climate resilient future, with comprehensive data collection, capacity-building community engagement, and the beginning stages of transformative urban greening. TreePeople will conduct robust community outreach and education in this process, utilizing the results of City tree inventory and canopy assessments as the driving insights to inform community conversations. Once a UFMP is developed with community feedback and adopted by the City, urban greening implementation will begin with specific tree planting locations and tree species, as well as no-cost take-home tree giveaways, to be guided by the resident priorities and specifications outlined in the UFMP. TreePeople staff and trained volunteers will then carry out a planned schedule of planting, tree care and watering as needed, with interim monitoring and inspection routines, ensuring public tree growth remains on target (including scheduled water truck site visits during extreme heat periods). Full information on locations, species, and care plans will be later transferred to the City for integration into routine maintenance staff schedules over the long term, after initial establishment care has been completed. In order to achieve these ambitious activities, this project will include the following deliverables:
1. Completion of a full tree inventory for the City by WCA
2. LiDAR assessment of existing tree canopy by WCA
3. Synthesized survey results on the resident perceptions and priorities for the urban forest
4. Community engagement and education events for urban conservation
5. Completion and adoption of the City’s first formal Urban Forest Management Plan
6. Installation and tree care for 500 public shade trees, with climate-ready training information and data transfer from TreePeople to City staff
7. Distribution of 250 no-cost take-home trees for residents, including tree care commitment agreements, with planting and tree care advisement provided by TreePeople
Project Education, Outreach and Community Engagement Plan
ENGAGEMENT DURING UFMP DEVELOPMENT
In the planning stages, the City will ensure the community is both informed about this project through public notices, and able to participate through data collection stages. Following the completion of data collection, tree inventory and canopy assessment analysis will be summarized to provide residents with further insights about their urban forest, as well as to collect local prioritization feedback on greening locations, species, and connectivity design, at public educational events. TreePeople will then produce tailored public-facing material and educational programming related to the project with this information, designed as locally relevant and culturally meaningful to City residents, including tree benefits, tree care, green jobs in local urban forestry, and related regional environmental issues, to be presented at follow up community workshops and tree distributions.
This local engagement and participation will be critical to the neighborhood-level information needed to develop a robust, equitable City UFMP.
ENGAGEMENT DURING AND AFTER TREE PLANTING IMPLEMENTATION In our project, TreePeople will help deploy tree planting and maintenance care events through a careful pre-planning of coordinated volunteer recruitment, resident and local business owner support, as well as staff labor. Teams are trained on how to carry out proper inspection of tree health, planting location and depth, support structures and ties, as well as mulching and watering, with follow-up care including re-mulching, pruning, weeding, and inspection for pests or vandalism, and adjustment of stakes and ties. If a public shade tree has died, trees are replaced during follow up TreePeople tree care events.
Within project-adjoining neighborhoods, TreePeople will conduct no-cost take-home tree distributions accompanied by local conservation education workshops on urban forestry and tree care. These distribution events meet multiple community engagement objectives, building familiarity with local residents and business owners, bringing awareness to the project, providing environmental education, and allowing residents to build connectivity to the project by adopting trees for their homes and connecting private parcels to larger expanded City canopies. Residents receiving a tree are also required to complete a pledge form to maintain the tree, as well as to provide parcel details necessary for project reporting and mapping, in exchange for proprietary care workshop information and professional take-home instructions on proper tree planting and care, such as microclimate guidance and Google satellite imagery on placement and parcel logistics. This process also builds unity and valuable community capacity for participation in further City climate resilience initiatives.
Project Timeline
*Q1-Q2: Assess the state of the urban forest. This will consist of a citywide inventory update and incorporated canopy assessment.
Q3-Q4: Conduct community wide education and survey gathering, consisting of multiple workshops and materials development.
Q5-Q8: Develop UFMP. Council review and public feedback will be extensively integrated into this process.
Q9-Q10: Tree planting component implemented and concluded. Tree care to take place beyond, to ensure a three year maintenance period for trees.
*Quarters are numbered based on the beginning of the project. They are not indicative of an annual or fiscal quarter system.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Project Co-Benefits
Stormwater Reduction, Improved Water Quality, Improved Air Quality, Reduced Urban Heat Island Effects, Improved Urban Forest Management, Community Engagement with Planting and/or Maintenance, Climate Change Adaptation, Urban forestry job creation and job training, Job creation and/or training for residents of a priority population, disadvantaged, or low-income community or households., Project employs sub-contractors that are based within the disadvantaged or low-income communities being served., Long-term access to nature and natural shade, Increased environmental literacy, Food production, Staff training, Educational tools/media products, Wildlife habitat Describe and/or quantify any co-benefits and describe how they will be achieved.
Quantifiable environmental co-benefits resulting from trees planted in this project will include stormwater capture, air quality improvement, and energy use reduction. Preliminary estimates indicate the following quantifiable co-benefits for City residents adjacent to project areas:
- PM2.5 emission reductions (lb) 163
- NOx emission reductions (lb) 3,017
- ROG emission reductions (lb) 48
- Energy Use Reductions (kWh) 819,437
- Energy Use Reductions (therms) 38,608
Additionally, this project presents numerous qualitative co-benefits for resident quality of life:
- Similar to many communities across this region, almost two-thirds of ground surfaces in Montebello are impermeable, encased in concrete or asphalt. University research has shown that this over-concretization can increase community violence across US cities. Counteracting this effect to increase mental health and wellbeing benefits of green infrastructure is important for Montebello, which sees a much higher rate of both violent and property crimes, as compared to other Greater Los Angeles metropolitan areas. - As TreePeople tree plantings mature, these investments will contribute over time to reducing ambient outdoor temperatures during high heat months in the community, improving overall public health related to heat wave risk and hyperthermia. - Greening will also promote active transportation through strategic canopy expansion – often unintentionally discouraged due to low canopy and limited related green infrastructure connectivity on pedestrian routes – creating safer routes of travel, beautification, and recreational opportunities. - This project will support 4 full-time positions. Additional workforce opportunities will be supported throughout the grant period with the use of additional vendors, as well as urban forestry training for community volunteers. The implementation of proper short-term and long-term urban forest management plans will further create future employment opportunities in green jobs. - City staff will be trained on urban forest management planning standards in accordance with industry-standard best practices, with the goal to advance their own professional development through relevant certifications, cementing green jobs pathways in the City. - The development and active use of a formalized UFMP will strongly support ongoing management of the City’s urban forest. Staff will better understand the health of trees and the way greenspace locations work together for climate resilience, in order to conduct better planning, budgeting, and maintenance of green infrastructure resources. Improved urban forest management through a formal plan and explicit guidelines will drive longterm health for the urban forest and community climate resilience overall. - Inclusive bilingual educational materials will be created for community equity, and public all-ages educational events will be presented during the planning process and subsequent tree planting engagement activities, building community action.
Upload existing urban forest/tree protection system, if available.
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Describe how your project will fulfill the Urban Forest Management Activities requirements of this grant type.
The City attests that this project will fulfill the Urban Forest Management Activities requirements of the grant program through the following project design as agreed between partners:
- The City of Montebello is an eligible applicant as defined by the grant guidelines. - This project will include the completion of the City’s tree inventory, creation of a new urban forest management plan, establishment of urban forestry-related policies, and performance of a LiDAR tree canopy mapping analysis. - This project will create an urban forest protection system during the grant performance period, likely through a formal ordinance. - The City will show proof of having an existing urban forester, arborist, or other qualified position responsible for urban forest resources or have such a professional retained under contract.
- The City will develop a UFMP in this project to include goals, best practices, standards, strategies, partnerships, staffing, operational structure and culture, training, and funding to optimize the long-term success of our urban forest. - The City UFMP developed from this project will set an ambitious tree canopy goal much greater than the current baseline. This plan will also include specific methods for achieving our climate resilience goals across land uses and varying site factors. - This grant will fund the completion of the City’s tree inventory assessments, before developing a management plan. - The City UFMP will be a long-term (approx. 50 years) document, not solely a maintenance plan, and will include a provision for periodic and other threshold reviews.
- The UFMP will be officially adopted by the City Council as a guiding policy document for urban forest activities in alignment with the general plan and other city regulations.
- This project will have authentic community engagement throughout the City planning and implementation process, with support from TreePeople.
This process will include educational materials, workshops, surveying, volunteer opportunities, and other forms of direct resident communication and feedback as part of this project.
- City trees installed in this project will be selected as climate-appropriate and suited to micro-climates and community-identified benefits at each unique implementation site identified by tree canopy needs data. - After an initial establishment care period facilitated by TreePeople, long-term care sustaining all project trees beyond the life of this grant will be transferred to City staff, as incorporated into ongoing regular maintenance and monitoring cycles.
Project Tree Information
Specific trees may in this project be subject to change (regarding similar species size and characteristics), based on nursery availability, as well as and community-identified feedback of management plan outcomes; however species types in this project are anticipated to include:
50 #15 Quercus agrifolia
50 #15 Pinus canariensis
50 #15 Lagerstroemia indica
50 #15 Cercis occidentalis
50 #15 Quercus ilex
50 #15 Arbutus ‘Marina’
50 #15 Koelreuteria bipinnata
50 #15 Geijera parviflora
50 #15 Pistacia ‘Red Push`
50 #15 Jacaranda mimosifolia
125 #5 Citrus limon
125 #5 Punica granatum
Total number of CAL FIRE funded trees to be planted through this project. 750
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 If your project includes a tree planting component, describe how you will care for the trees long-term.
TreePeople will provide initial establishment tree care following the installation of trees through the end of the grant period, as part of this project.
TreePeople will implement routine maintenance cycles to provide tree care on a tapering schedule, which prioritizes the weeks following planting and the first several extreme heat periods. Standard tree care will consist of watering, mulching, pruning, and other site improvements as needed.
Should any trees die, TreePeople will replace them per their tree planting agreement with the City. These maintenance cycles and activities are managed through TreePeople’s GIS workflow software, which the organization uses to record data on every tree planted.
Following the end of the grant period, the City will take responsibility for long term tree care as related to this project, throughout the remaining years of project life and mature tree care. Beyond the initial period, tree care data will also be incorporated into the City’s UFMP tree inventory system, to ensure all project-related green infrastructure will receive ongoing, routine maintenance procedures to sustain successful project outcomes.
Additionally, through the improved policies produced by the UFMP, the City will have a fully-prepared future strategy to build on these urban forest assets, and care for the canopy beyond a typical grid-trim cycle.
For tree distributions, residents will be required to sign an agreement form committing to planting and maintaining their new tree. At the distribution event, TreePeople will provide residents with a tree planting and care tutorial and printed materials with information on how to plant/care for their tree. TreePeople will provide staff’s contact information so residents can reach out via phone or email if they have any maintenance questions and concerns. Please reference the long-term tree care management plan document for additional information regarding commitments to post-grant maintenance
Upload existing long-term tree care management plan, if applicable.
CAL FIRE_Long Term Tree Maintenance Plan_Montebello (1).pdf Upload site images. Provide 5-10 representative site photos.
Site images.pdf
Green House Gas (GHG) Methodology
If the project has a tree planting component, fill in the Green House Gas (GHG) calculated amounts below using the CARB CA Climate Investments Quantification Methodology as required in the grant guidelines and attach proof that the CARB methodology was followed. Use the CAL FIRE Benefits Calculator Tool
to assist with calculations.
Estimated carbon stored (MT C02e)
2,355
Estimated avoided emissions (MT C02e)
392
Estimated project emissions (MT C02e)
137
Net GHG benefit (MT C02e). (5A + 5B) - 5C =
2,610
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Describe the assumptions used to quantify GHG reductions using the CARB Quantification Methodology.
We followed the CARB Methodology for the CAL FIRE Urban and Community Forestry: Tree Planting using i-Tree Planting. Specifically, the California Air Resources Board Quantification Methodology for the Department of Forestry & Fire Protection (CAL FIRE) Urban and Community Forestry Program. We used the methodology for project type: Tree Planting using i-Tree Planting.
The i-Tree Planting Tool was used to quantify benefits with the following assumptions:
Locations: City of Montebello
Electricity Emission Factor: 227.9 kg
Fuel Emission Factor: 53.1 kg
Years of Project: 38
Tree Mortality: 0 for project lifetime.
1.5 DBH - DBH of a 15 gallon size tree & .75 DBH - DBH of a 5 gallon size tree.
Distance to Nearest Building(?) in feet: 20-39 as it is assumed these trees will be a mix of front yard, street, and park locations.
Trees are Northeast of buildings as an average. Final locations are TBD.
Vintage: Built 1950-1980 due to urban development in the area.
Climate Controls: Heat & A/C
Condition: Excellent
Exposure to Sunlight: Full Sun
During the grant period, GHG quantification will be representative of the exact tree planting information.
Upload proof that the CARB specified quantification methodology was followed.
CAL FIRE UCF GHG Calculations_Montebello (1).xlsx
Project Budget Information
All applicants must complete the Budget Worksheet and Budget Narratives in order for an application to be accepted. Please fill out the Budget Worksheet and Budget Narrative directly in eCivis.
See pages 49-55 of the IRA Grant Guidelines for detailed descriptions on Eligible Costs, Budget Worksheet and Narrative requirements.
Does your organization or agency have a Negotiated Indirect Cost Rate Agreement (NICRA) with the federal government? No
Upload Negotiated Indirect Cost Rate Agreement, if applicable.
Does your organization anticipate requesting Advance Payments from CAL FIRE to implement the proposed project due to cash flow needs?
Yes
Certification and Forms
To access the following forms, go to the
CAL FIRE Urban Forestry Website
. All forms need to be uploaded as a PDF.
Does your organization currently have active registration at SAM.gov
? If yes, please upload proof active status showing Unique Entity ID (UEI), and provide the expiration date. Active registration at SAM.gov will be required upon grant award and agreement, but applicants can upload proof of active status during application submission, if applicable. CAL FIRE recommends starting the registration or renewal process as soon as possible, as it can take 90+ days.
Upload proof of active status at SAM.gov
EntityInformation_20250102-080952.pdf
Fill in expiration date for active SAM.gov registration Oct 9, 2025
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 UploadPayee Data Record form (STD. 204)
STD 204 Form.pdf
UploadNondiscrimination Compliance Statement form (STD. 19) Montebello STD 19.pdf
UploadA Drug-Free Workplace Certification form (STD. 21) Montebello STD 21.pdf
Upload CAL FIRE's Environmental Checklist
CAL FIRE Enviro Checklist - Montebello UFMP.pdf
Upload Urban Forestry Grants Resolution
Montebello Resolution.pdf
Upload Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions (AD-1048) Montebello Certification form.pdf
Certification of Party Responsible for Establishment Care - For any trees planted through this project, I certify that we will either provide or ensure commitment to tree maintenance for a minimum of 3 years after the end of the grant period in accordance with ANSI A-300 tree care standards, the accompanying ISA Best Management Practices, and the standards outlined in the grant agreement and/or grant attachments with CAL FIRE.
Check here
Statement of Compliance with all Applicable Laws - I certify that we will abide by all applicable federal, state, and local laws, ordinances, regulations, and policies in carrying out this Federal and State-funded project. Failure to do so will lead to cancellation of the grant award.
Check here
Attestation:
I hereby attest and certify that the above and attached information is true and accurate. I am authorized to submit this application on behalf of my organization. I have read and understand the California Urban and Community Forestry Inflation Reduction Act 2024 Grant Guidelines.
Check here
Type Name as Signature:
Cesar Roldon
Title:
Director of Public Works
Did you complete the Budget Worksheet, Budget Narrative and Application Goals? Applications without a completed budget, narrative and goals will not be eligible for award. Please check each box acknowledging it has been completed. View pages 49-55 of the IRA Grant Guidelines for details on the Budget Worksheet Requirements.
Budget Worksheet, Budget Narrative, Application Goals
View Budget Worksheet
https://portal.ecivis.com/#/peerBudget/E44ACDA0-6B27-447E-8F38-DAA66F630155 View Application Goals
https://portal.ecivis.com/#/peerGoals/E3F4C796-F3A7-4978-8F60-D396E5557D68 # of Reviews
5 # of Denials
0
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419
ATTACHMENT C
Project Budget
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Tree Inventory Update
Budget Report
Passthrough Agency: California Department of Forestry and Fire Protection (CAL FIRE) Program: IRA Urban and Community Forestry 2024
Project Name/Title: Cesar Roldon
Org Name: City of Montebello
Stage: Pre-Award
Budget Items
Report Date: 06/13/2024
Requested By: Cesar Roldan
[email protected]
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type CAL FIRE Comments Admin Cost? Salaries & Wages
Salaries & Wages Total
Employee Benefits
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
Employee Benefits Total 0 $0.00 $0.00 $0.00 $0.00 $0.00 Supplies
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
Supplies Total 0 $0.00 $0.00 $0.00 $0.00 $0.00
Travel & Per Diem
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
Travel & Per Diem Total 0 $0.00 $0.00 $0.00 $0.00 $0.00 Other Costs
0 $0.00 $0.00 $0.00 $0.00 $0.00 Direct Cost
Other Costs Total 0 $0.00 $0.00 $0.00 $0.00 $0.00
Indirect Cost
0 $0.00 $0.00 $0.00 $0.00 $0.00 Indirect Cost
Indirect Cost Total 0 $0.00 $0.00 $0.00 $0.00 $0.00
Other
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type Montebello volunteers Hours 1600 $37.32 $59,712.00 $0.00 $0.00 $59,712.00 Cost Share Other
Other Total 0 $0.00 $0.00 $0.00 $0.00 $0.00
Total Award Extended Cost Direct Costs Indirect Costs Total CAL FIRE Award Cost Share Reallocate Admin Cost % Admin Costs Revised Budget Totals $ 777,500.00 $ 777,500.00 $ - $ 777,500.00 $ - $ - 0% $ - Original Budget Totals $ 837,212.00 $ 777,500.00 $ - $ 777,500.00 $ 59,712.00 Indirect Rate
0.00%
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Budget Report
Passthrough Agency: California Department of Forestry and Fire Protection (CAL FIRE) Program: IRA Urban and Community Forestry 2024
Project Name/Title: Cesar Roldon
Org Name: City of Montebello
Stage: Pre-Award
Report Date: 06/13/2024
Requested By: Cesar Roldan
[email protected]
PERSONNEL: COST SHARE
The City is not requesting funding for staff time. The City is committing to in-kind volunteer hours from community members and volunteers at a rate of $37.32 for 1,600 volunteer hours, totaling $59,712 of in-kind support.
CONTRACTUAL COSTS: $777,500*
Tree Inventory Analysis: Contractor to complete a tree inventory through field data collection. Contractor will inventory tree planting and vacant sites with all required attributes. The City plans for this contractor at a rate of 10,000 x $6.00 =$60,000.00 Urban Forest Management Plan Engagement: Contractor to complete community engagement and outreach for resident and stakeholder feedback in the UFMP through surveys, workshops (5), and tabling at community events. The City plans for this contractor to total $15,000.00 in costs.
Urban Forest Management Plan: Contractor to implement the development, creation, drafting, and adoption of all components for the UFMP including its various phases of planning, drafting, meeting, revising, and adoption by Council. The City plans to identify this contractor through a bid or information gathering process, at a lump sum rate of $55,000.00
Tree Planting: Contractor to implement tree planting program. The cost per tree is inclusive of stock, supplies, labor, and other costs for project planning and implementation through volunteer efforts. This will include canvassing and identifying locations where community members want trees. The City plans for this contractor to be at a rate of 500 x $485.00 = $242,500.00 Tree Care: Contractor to implement tree care for the duration of the grant (approx 1.5 years) including routine site visits, watering, restaking, re-mulching, and replanting. The City plans for this contractor to be at a rate of 500/tree x $720.00 = $360,000.00 Tree Distributions: Fruit and/or shade tree distributions for community members. The price per tree is inclusive of stock, supplies, and labor to coordinate distribution events to residents. The City plans for this contractor to be at a rate of 250 x $180.00 = $45,000.00 *Supplies, travel and other related expenses have been included into the unit rates of the contractors supporting the City to complete the project.
The City anticipates utilizing 3-5 contractors to support the completion of the project.
No indirect or administrative costs will be charged to this CAL FIRE grant.
Narrative
Docusign Envelope ID: 7AE7C38C-D838-4382-9037-1F32F7D9D419 Created:
By:
Status:
2025-01-28
Samantha Leyva ([email protected])
Signed
Transaction ID: CBJCHBCAABAAc5Cq8WDn2yoIZxt7lSXTiNSha8-kPi5R City of Montebello IRA UCF Grant Agreement
8FG23407
Final Audit Report 2025-01-28
"City of Montebello IRA UCF Grant Agreement 8FG23407" Histo ry
Document created by Samantha Leyva ([email protected]) 2025-01-28 - 0:59:55 AM GMT
Document emailed to [email protected] for signature 2025-01-28 - 1:01:56 AM GMT
Email viewed by [email protected]
2025-01-28 - 1:02:33 AM GMT
Signer [email protected] entered name at signing as Raul Alvarez 2025-01-28 - 6:02:58 PM GMT
Document e-signed by Raul Alvarez ([email protected]) Signature Date: 2025-01-28 - 6:03:00 PM GMT - Time Source: server Agreement completed.
2025-01-28 - 6:03:00 PM GMT
DocuSign Envelope ID: EECCAD10-82E5-4B3F-AAA2-84EA3724DD47 To file a complaint alleging discrimination, complete
the USDA Program Discrimination Complaint Form,
AD-3027, found online at http://www.ascr.usda.gov/
complaint_filing_cust.html , or at any USDA office
or write a letter addressed to USDA and provided in
the letter all of the information requested in the form.
To request a copy of the complaint form, call (866)
632-9992. Submit your completed form or letter to
USDA by: (1) mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-
9410; (2) fax: (202) 690-7442; or (3) email: program.
[email protected] .
This institution is an equal opportunity provider.”
What Federal Civil Rights laws must you
follow to ensure compliance?
Grants and Agreements
Complying With Civil Rights
Requirements
Your Responsibilities as a Partner
With the Forest Service
If the publications or materials are too small to permit the use of the full statement, at a minimum include
the following statement, in print size no smaller
than the text: “This institution is an equal opportunity provider.”
What does the Forest Service do to ensure
compliance with nondiscrimination
responsibilities?
The Forest Service will conduct reviews of your
programs and activities on a periodic basis to ensure
that they comply with Civil Rights laws. The USDA
will receive, investigate, and adjudicate claims
alleging violation of Civil Rights laws by recipients of USDA assitance.
For More Information
The Forest Service is your partner in providing equal
opportunity to the public. For more information,
please contact your local Forest Service office.
“Simple justice requires that public
funds, to which all taxpayers of all races
contribute, not be spent in any fashion
which encourages, entrenches, subsidizes,
or results in racial discrimination.
— President John F. Kennedy, in his 1963
”
message calling for the enactment of Title
VI of the Civil Rights Act
USDA is an equal opportunity provider, employer, and lender.
Forest Service FS-850 October 2016
United States Department of Agriculture
U.S. Code Statute Prohibits
Discrimination
on the
Basis of:
(42 U.S.C.
2000d–2000c)
Title VI of the Civil
Rights Act of 1964
Race, Color, or
National Origin
(including LEP)
(20 U.S.C.
1681–1686)
Title IX of the
Education
Amendments of
1972
Sex (in
educational
programs and
activities)
(42 U.S.C.
6101 et seq)
Age Discrimination
Act of 1975, as
amended
Age
(29 U.S.C.
794)
Section 504 of
the Rehabilitation
Act of 1973, as
amended
Disability
Attachment C
DocuSign Envelope ID: EECCAD10-82E5-4B3F-AAA2-84EA3724DD47 Who is required to comply with Federal
Civil Rights laws?
If you receive Federal funds or assistance, such as
a grant or agreement, from the U.S. Department
of Agriculture(USDA), Forest Service, by law you
must provide equal opportunity for all people to
participate in the programs and activities you offer.
For example, you should not deny or exclude anyone
from programs, services, aids, or benefits. Also, you
must not retaliate in any manner against a person
who files a complaint or opposes any unlawful or
discriminatory practice. The back of this brochure
shows Federal Civil Rights laws that apply.
This brochure provides a basic overview of your
responsibilities for ensuring nondiscrimination in
the delivery of your programs and activities to the
public on bases covered by Federal law. These bases
include race, color, national origin, sex (in educational programs or activities), age, and disability.
What are some types of Federal funding and
assistance?
• Federal monies given by grants, subgrants,
cooperative agreements, challenge cost-share
agreements, cost-reimbursable agreements, or
loans
• Training presented by a Federal agency
• Loan/temporary assignment of Federal personnel
(e.g., a Forest Service employee instructing a
course at a local university)
• Loan or use of Federal property at below market
value
Are you a recipient of Federal funding and
assistance?
You are a recipient if, through a partnership with
the Forest Service, you receive Federal funding
or assistance (either directly or through another
recipient) to conduct a program you offer to the
public.
Recipients include:
• Any individual receiving Federal funding or
assistance
• A State or local government
• American Indian or Alaska Native individual,
tribe, corporation, or organization
• Any public or private agency, institution, or
organization (e.g., university, college, or nonprofit)
What are your responsibilities for
complying with Federal Civil Rights laws?
As a partner with the Forest Service, your
responsibilities for complying with Federal Civil
Rights laws include, but are not limited to:
• Signing a nondiscrimination assurance clause
certifying that you will comply with Civil
Rights laws (SF-424B or SF-424D). If you have
subrecipients, obtain a signed assurance from
them. An example of a subrecipient is a local
community organization receiving a subgrant
from a State forestry agency.
• Displaying the “And Justice for All” U.S.
Department of Agriculture poster (AD-475A) in
your public reception areas or other areas visible
to the public. Contact your local Forest Service
office to obtain copies.
• Including in any of your publications and
outreach materials related to a grant or agreement
project, a statement of affiliation with the Forest
Service, e.g., “This publication made possible
through a grant from the USDA Forest Service.”
OR “This research was conducted in cooperation
with the USDA Forest Service.” OR “This research
was funded by a grant from the USDA Forest
Service.”
• Providing program information in alternative
formats for people with disabilities and in
alternative languages for people with Limited
English Proficiency (LEP), as appropriate to your
customer base.
• Developing a language access plan to translate or
interpret vital documents free of charge to your
customers when needed or requested by local
members of the public with LEP. Visit http://
www.lep.gov/lepbrochure.pdf.
• Identifying a person to be responsible for ensuring
your program is in compliance with Civil Rights
requirements.
• Reviewing all your policies, procedures, and
practices to ensure they do not limit participation
on the basis of race, color, national origin, age,
disability, or sex (in educational programs and
activities).
• Evaluating the accessibility of your programs and
facilities. If they are not now accessible, develop
a transition plan for making them accessible and
then carry out the plan as appropriate.
• Ensuring that your staff understands their Civil
Rights responsibilities, including their role in the
USDA complaint process.
• Providing outreach to a wide variety of
communities to ensure diversity if you advertise
or market your program.
• Providing the Forest Service with demographic
information on program participation based
on race, national origin, sex, age, and disability,
where applicable.
• Including the following statement about
nondiscrimination and how to file a complaint in
your publications and outreach materials:
“In accordance with Federal law and U.S.
Department of Agriculture (USDA) civil rights
regulations and policies, this institution is
prohibited from discriminating on the basis of
race, color, national origin, sex, age, disability,
and reprisal or retaliation for prior civil rights
activity. (Not all prohibited bases apply to all
programs.)
Persons with disabilities who require alternative
means of communication for program
information (e.g., Braille, large print, audiotape,
American Sign Language, etc.) should contact
the responsible State or local Agency that
administers the program or USDA’s TARGET
Center at (202) 720-2600 (voice and TTY)
or contact USDA through the Federal Relay
Service at (800) 877-8339. Additionally,
program information is also available in
languages other than English.
United States Department of Agriculture
This institution is an equal opportunity provider.
Esta institución ofrece igualdad de oportunidades.
Form AD-475-A—Assisted Poster/ Revised December 2015 Afiche complementario al Formulario AD-475-A / Revisado diciembre 2015 I
n accordance with Federal law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.)
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information is available in languages other than English.
To file a complaint alleging discrimination, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form.
To request a copy of the complaint form, call (866) 632-9992.
Submit your completed form or letter to USDA by:
mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
fax:
(202) 690-7442; or
email:
[email protected].
Conforme a las leyes federales y a los derechos civiles, reglamentos y políticas del Departamento de Agricultura de los Estados Unidos (U.S. Department of Agriculture,
USDA), se prohíbe a esta institución discriminar por motivo de raza, color, nacionalidad, sexo, edad, discapacidad y reprimir o tomar represalias por actividades realizadas en el pasado relacionadas con los derechos civiles. (No todos los principios de prohibición se aplican a todos los programas).
Las personas discapacitadas que requieran medios alternos para que se les comunique la información de un programa (por ejemplo, braille, letra agrandada, grabación de audio, lenguaje de señas estadounidense, etc.) deberán comunicarse con la agencia estatal o local responsable de administrar el programa o el TARGET Center del USDA al (202) 720-2600 (voz y TTY) o comunicarse con el USDA a través del Servicio Federal de Transmisión de Información al (800) 877-8339. La información del programa también está disponible en otros idiomas además del inglés.
Para presentar una queja por alegada discriminación, complete el formulario de quejas por discriminación del programa del USDA, AD-3027, que podrá encontrar en línea en http://www.ocio. usda.gov/sites/default/files/docs/2012/Spanish_Form_508_ Compliant_6_8_12_0.pdf o en cualquier oficina del USDA o escriba una carta dirigida al USDA que incluya toda la información solicitada en el formulario. Para solicitar una copia del formulario de presentación de quejas, comuníquese al (866) 632-9992.
Envíe su formulario o carta completos al USDA por
correo:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
fax:
(202) 690-7442; o
correo electrónico:
[email protected].
AND
JUSTICE
FOR ALL
JFA_475_A-green.indd 1 1/15/16 3:29 PM
ATTACHMENT D
ITEM # 9
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. 4377 TO J&A ENGINEERING
CORPORATION FOR THE RIO HONDO COASTAL SPREADING
GROUNDS FENCE REPLACEMENT PROJECT (CP 884)
DATE: August 13, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Award Agreement No. 4377 to J&A Engineering Corporation for the Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884) as the most responsive, responsible bidder in the amount of $1,045,500, which includes the Base Bid and Alternate Bid Schedule A, payable from Account No. 254-30-300- 6040.10 (Rio Hondo Improvement – State Parks, Public Works, Public Works Administration, Contract Services Outside Contracts) and 200-99-7116 (Gas Tax, Non-Departmental, Improvements Other Than Building); and
2. Approve a construction contingency in the amount of $189,500 payable from Account No. 200-99-7116 (Gas Tax, Non-Departmental, Improvements Other Than Building); 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. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Staff recommend awarding the agreement to J&A Engineering Corporation as the most responsive and responsible bidder in the amount of $1,045,500 which includes the Base Bid and Alternate Bid Schedule A. Funding for this project is from the $935,000 grant award from Senator Bob Archuleta's office (Account No. 254-30-300-6040.10, Rio Hondo
CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025
Improvement – State Parks, Public Works, Public Works Administration, Contract Services Outside Contracts) and $110,500 from the Gas Tax Fund (Account No. 200-99- 7116, Gas Tax, Non-Departmental, Improvements Other Than Building).
Additionally, a construction contingency in the amount of $189,500 is requested, payable from Account No. 200-99-7116 (Gas Tax, Non-Departmental, Improvements Other Than Building), to cover any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost, bringing the total contract amount to $1,235,000.
The adopted Capital Improvement Program (CIP) budget for Fiscal Year 2025-26 includes $300,000 in Gas Tax (Fund 200) appropriations for this project. Furthermore, the $935,000 received from the State of California for this project was appropriated at the June 25, 2025,City Council meeting. This funding will be carried over as part of the CIP carry-over action presented to City Council at a meeting in October. Therefore, no budget amendments are 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 Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884). The focal point of the project includes replacement of chain link fencing along the Rio Hondo Coastal Spreading Grounds on Bluff Road between Sycamore Street and Mines Avenue. Several reasons for the replacement of the fence were that the fence was dilapidated and not serving its intended purpose of securing the public right of way. The project proposes the replacement of the existing fence with a wrought iron fence that will result in aesthetic and safety improvements in the community.
The NIB was published on June 26, 2025, in a 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:
Base Bid Schedule: Bluff Road from Sycamore Avenue to Washington Boulevard Contractors Total
1 J & A Engineering Corp. $863,000.00
2 Voltaire Engineering $888,400.00
3 Red Hawk Services, Inc $890,570.00
4 Estate Design & Construction, Inc. $895,700.00
5 Bedrock Group, Inc. $987,000.00
6 Quality Fence Company, Inc. $988,400.00
7 Dash Construction $1,412,000.00
8 Izurieta Fence Company, Inc. $1,495,000.00
CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025
Alternate Bid Schedule A: Bluff Road from Washington Boulevard to 800 Feet North of Washington Boulevard
Contractors Total
1 J & A Engineering Corp. $182,500.00
2 Voltaire Engineering $164,000.00
3 Red Hawk Services, Inc $156,008.00
4 Estate Design & Construction, Inc. $170,183.00
5 Bedrock Group, Inc. $256,000.00
6 Quality Fence Company, Inc. $216,900.00
7 Dash Construction $292,000.00
8 Izurieta Fence Company, Inc. $446,600.00
The contact specifications stipulated that the contract would be awarded to the most responsive and lowest responsible bidder based on the amount contained in the “TOTAL AMOUNT BASE BID SCHEDULE.” The Bid Alternative Schedule would only be completed in conjunction with the base bid if directed by the City for the portion of installing fencing on Bluff Road from Washington Boulevard to 800 feet north of Washington Boulevard.
The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Based on the review, staff’s recommendation is to award J & A Engineering Corporation the agreement (Attachment A) as the most responsive, responsible bidder and include both the Base Bid and Alternate Bid Schedule A. 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 the City Council award a construction agreement to J & A Engineering Corporation for the Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884) for $1,045,500 payable from Account No. 254-30-300-6040.10 (Rio Hondo Improvement – State Parks, Public Works, Public Works Administration, Contract Services Outside Contracts) and 200-99-7116 (Gas Tax, Non-Departmental, Improvements Other Than Building). Additionally, staff is requesting $189,500 in construction contingency in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project's cost, payable from Account No. 200-99-7116 (Gas Tax, Non-Departmental, Improvements Other Than Building) - bringing the total project amount to $1,235,000. The recommended actions include City
CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025
Council authorizing the City Clerk’s Office to release all-other bidders’ bonds; and authorizing the City Manager to execute the contract and all change orders in good faith.
ATTACHMENT(S)
1. Attachment A - Professional Services Agreement No. 4377 with J & A Engineering Corp
2. Attachment B - Bid Results
CONSTRUCTION CONTRACT AGREEMENT NO. 4377
WITH J&A ENGINEERING CORPORATION
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 J&A ENGINEERING CORPORATION., 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 Coastal Spreading Grounds Fence Replacement Project, CP No. 884 (“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
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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 on 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 One Million Forty-Five Thousand Five Hundred Dollars ($1,045,500), 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
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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 (100) 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.
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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.
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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: J&A ENGINEERING CORP
Attn: Miguel Miranda, President
Address: 824 N. Todd Avenue
Azusa, CA 91702
(626) 334-3209
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,
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.
SECTION 25. CUMULATIVE REMEDIES
The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.
SECTION 26. COUNTERPARTS
This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. [SIGNATURE PAGE TO FOLLOW]
STANDARD PUBLIC WORKS AGREEMENT NO. 4377
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
J&A ENGINEERING CORP
(“CONTRACTOR”)
By:
________________________________
Name: Miguel Miranda, President
Date: _______
EXHIBITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Performance Bond
• Exhibit C – Labor and Materials Payment Bond
• Exhibit D – Contractor’s Proposal
EXHIBIT “A”
INSURANCE REQUIREMENTS
On or before beginning any of the work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR’s obligations to provide indemnity under this Agreement.
1. Comprehensive General Liability and Automobile Liability Insurance Coverage.
CONTRACTOR shall carry and maintain Comprehensive General Liability and Automobile Liability Insurance which provides the following:
Minimum coverage: Bodily injury limits of $2,000,000 for each person and $2,000,000 for each occurrence; property damage limits of $2,000,000 for each occurrence, $5,000,000 aggregate.
Products/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000);
A combined single limit policy with aggregate limits in an amount of not less than Five MILLION DOLLARS ($5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.
If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.
2. Automobile Liability.
CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $5,000,000 per accident for bodily injury and property damage.
3. Worker's Compensation.
CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that
CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement, CONTRACTOR shall require and assure that such 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.
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.
(Use of City Bond Form is Required)
EXHIBIT “B”
PERFORMANCE BOND
PUBLIC WORK
(CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the Principal and the City of Montebello (“Obligee”) have entered into a written Agreement, hereinafter called the Agreement, a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.
NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its SUB-CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
This document is signed by the respective parties on the dates next to their names.
Principal
By: __________________________________
Title: ________________________________
Surety
By: __________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached)
APPROVED AS TO FORM:
_________________________
City Attorney
(Use of City Bond Form is Required)
EXHIBIT “C”
Labor and Materials Payment Bond
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the "Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..
NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUB-CONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work 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
fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
This document is signed by the respective parties on the dates next to their names.
Principal
By: _________________________________
Title: ________________________________
Surety
By: _________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California. --OR--
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
)
County of ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM:
________________________
City Attorney
EXHIBIT “D”
Contractor’s Proposal
J&A Engineering
Corp
J&A Engineering
Corp
Voltaire
Engineering
Voltaire
Engineering
Red Hawk
Services Inc
Red Hawk Services
Inc
Estate Desgin and
Construction Inc
Estate Desgin and
Construction Inc
Bedrock Group
Inc
Bedrock Group
Inc
Quality Fence
Company Inc
Quality Fence
Company Inc
Dash
Construction
Dash
Construction
Izurieta Fence
Company Inc
Izurieta Fence
Company Inc
Item
No.
Item Description Qty. Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 PROJECT INFORMATION SIGNS 2 EA $ 1,500.00 $ 3,000.00 $ 1,200.00 $ 2,400.00 $ 2,679.00 $ 5,358.00 $ 22,392.50 $ 44,785.00 $ 2,000.00 $ 4,000.00 $ 1,700.00 $ 3,400.00 $ 1,000.00 $ 2,000.00 $ 2,500.00 $ 5,000.00 2 TRAFFIC CONTROL AND STAGE CONSTRUCTION 1 LS $ 10,000.00 $ 10,000.00 $ 20,000.00 $ 20,000.00 $ 66,052.00 $ 66,052.00 $ 71,345.00 $ 71,345.00 $ 25,000.00 $ 25,000.00 $ 80,000.00 $ 80,000.00 $ 10,000.00 $ 10,000.00 $ 60,000.00 $ 60,000.00 3 CLEAR & GRUBBING & REMOVAL OF SHRUBS 1 LS $ 50,000.00 $ 50,000.00 $ 30,000.00 $ 30,000.00 $ 28,400.00 $ 28,400.00 $ 89,570.00 $ 89,570.00 $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 40,000.00 $ 40,000.00 $ 250,000.00 $ 250,000.00 4 CHAIN LINK FENCE REMOVAL 4000 LF $ 10.00 $ 40,000.00 $ 4.00 $ 16,000.00 $ 8.26 $ 33,040.00 $ 25.00 $ 100,000.00 $ 10.00 $ 40,000.00 $ 7.50 $ 30,000.00 $ 60.00 $ 240,000.00 $ 20.00 $ 80,000.00 5 FABRICATE AND INSTALL FENCE 4000 LF $ 190.00 $ 760,000.00 $ 205.00 $ 820,000.00 $ 189.43 $ 757,720.00 $ 147.50 $ 590,000.00 $ 224.50 $ 898,000.00 $ 215.00 $ 860,000.00 $ 280.00 $ 1,120,000.00 $ 275.00 $ 1,100,000.00 $ 863,000.00 $ 888,400.00 $ 890,570.00 $ 895,700.00 $ 987,000.00 $ 988,400.00 $ 1,412,000.00 $ 1,495,000.00 J&A Engineering
Corp
J&A Engineering
Corp
Voltaire
Engineering
Voltaire
Engineering
Red Hawk
Services Inc
Red Hawk Services
Inc
Estate Desgin and
Construction Inc
Estate Desgin and
Construction Inc
Bedrock Group
Inc
Bedrock Group
Inc
Quality Fence
Company Inc
Quality Fence
Company Inc
Dash
Construction
Dash
Construction
Izurieta Fence
Company Inc
Izurieta Fence
Company Inc
Item
No.
Item Description Qty. Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Left Blank (Intentionally) 0 0
2 TRAFFIC CONTROL AND STAGE CONSTRUCTION 1 LS $ 2,500.00 $ 2,500.00 $ 5,000.00 $ 5,000.00 $ 15,516.00 $ 15,516.00 $ 14,269.00 $ 14,269.00 $ 10,000.00 $ 10,000.00 $ 30,000.00 $ 30,000.00 $ 10,000.00 $ 10,000.00 $ 45,000.00 $ 45,000.00 3 CLEAR & GRUBBING & REMOVAL OF SHRUBS 1 LS $ 20,000.00 $ 20,000.00 $ 30,000.00 $ 30,000.00 $ 23,680.00 $ 23,680.00 $ 17,914.00 $ 17,914.00 $ 10,000.00 $ 10,000.00 $ 6,900.00 $ 6,900.00 $ 10,000.00 $ 10,000.00 $ 60,000.00 $ 60,000.00 4 CHAIN LINK FENCE REMOVAL 800 LF $ 10.00 $ 8,000.00 $ 4.00 $ 3,200.00 $ 13.41 $ 10,728.00 $ 25.00 $ 20,000.00 $ 15.00 $ 12,000.00 $ 10.00 $ 8,000.00 $ 60.00 $ 48,000.00 $ 20.00 $ 16,000.00 5 FABRICATE AND INSTALL FENCE 800 LF $ 190.00 $ 152,000.00 $ 205.00 $ 164,000.00 $ 195.01 $ 156,008.00 $ 147.50 $ 118,000.00 $ 280.00 $ 224,000.00 $ 215.00 $ 172,000.00 $ 280.00 $ 224,000.00 $ 407.00 $ 325,600.00 $ 182,500.00 $ 202,200.00 $ 205,932.00 $ 170,183.00 $ 256,000.00 $ 216,900.00 $ 292,000.00 $ 446,600.00 Total $ 1,045,500.00 $ 1,090,600.00 $ 1,096,502.00 $ 1,065,883.00 $ 1,243,000.00 $ 1,205,300.00 $ 1,704,000.00 $ 1,941,600.00 Base Bid Schedule: Bluff Road from Sycamore Avenue to Washington Boulevard Alternate Bid Schedule A: Bluff Road from Washington Boulevard to 800 Feet North of Washington Boulevard Attachment B
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: AUTHORIZATION TO ADOPT PLANS, SPECIFICATIONS AND
ENGINEER'S ESTIMATE FOR CONSTRUCTION OF THE TRAFFIC
SIGNAL AT WHITTIER BOULEVARD & 6TH STREET (CP 926) 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, specifications and engineer’s estimate for CP-926, Traffic Signal at Whittier Boulevard and 6th Street; 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 per applicable Public Contract Code and the City of Montebello’s Municipal Code. As soon as staff evaluate all bids, a recommendation will be made at a future City Council meeting and include a well-defined structured budget.
BACKGROUND/DISCUSSION:
The City’ Planning Commission and City Council approved a mixed-use, 132-unit project with one three-story and two four-story buildings on a 1.5-acre site along the southern portion of Whittier Boulevard between 5th and 6th streets and along half of the eastern
CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025
side of 6th Street between Whittier Boulevard and Los Angeles Avenue. As a condition of approval, the addition of a signalized intersection at Whittier Boulevard and 6th Street is required.
The final construction plans and specifications are completed in accordance with applicable engineering standard specifications and are consistent with the City’s procurement policies and applicable municipal code chapters. The City Council is required to approve and adopt construction documents and authorize the bid request for all public projects. The bid advertisement is consistent with Public Contract Code sections 20161 and 20162, which mandate California public works projects to be competitively bid.
This action is also consistent with Montebello Municipal Code 3.20.110 - Bidding procedure prescribed.
With City Council's approval, staff will advertise the project for bid in a local newspaper of general circulation and upload the Notice Inviting Bid (NIB) to PlanetBids. The following tentative schedule has been identified for the bid process:
Tasks Timeline
Bidding Period August 15, 2025 – September 10, 2025
Questions or Request for Information August 28, 2025 at 12:00 p.m.
Response to Questions September 2, 2025 at 5:00 p.m.
Bid Opening September 10, 2025 at 11:00 a.m.
Tentative Award of Contract October 8, 2025 at 11:00 a.m.
Commence Construction October 27, 2025
Complete Construction August 3, 2026
Close out Project September 2026
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. Section 15301 (Class 1) exempts from CEQA minor alterations to existing facilities, such as a proposed traffic signal installation, which is categorically exempt under CEQA section 15301(c). The application of this categorical exemption is not barred by any of the exceptions set forth in section 15300.2. The project is not expected to have any significant impact with regards to traffic, noise, air quality, or water quality (Attachment C).
ANALYSIS:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025
SUMMARY:
Staff recommends the City Council adopt 100% completed plans, specification and engineer's estimate (PS&E) for the Traffic Signal at Whittier Boulevard and 6th Street (CP 926); and approve Environmental Assessment pursuant to 14 California Code of Regulation § 15301 as a Class 1 categorical exemption under the California Environmental; Quality Act (CEQA); and, authorize staff to proceed with bid advertisement for construction.
ATTACHMENT(S)
1. Attachment A - Whittier & 6th 100% Plans_20250718
2. Attachment B - CP-926 Traffic Signal Whittier Blvd & 6th St Specifications
3. Attachment C - CEQA NOE
NO.
REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705
A LOCHNER COMPANY
DATE BY WHITTIER BOULEVARD AND 6TH STREET
TRAFFIC SIGNAL PROJECT
DESCRIPTION APPROV.
UNDER THE SUPERVISION OF:
Know what's below.
Call before you dig.
CITY OF MONTEBELLO
ENGINEERING DIVISION
APPROVED BY:
T-1
Engineering Division
WHITTIER BOULEVARD AND 6TH STREET
TRAFFIC SIGNAL PROJECT
TITLE SHEET
PROJECT
LOCATION
THOMAS GUIDE:
676-D2 LOCATION MAP
PROJECT UTILITY CONTACTS: LEGEND:
91 INDEX OF DRAWINGS
19 42
164
72 60
5 710
605
105
10 101 5
5 VICINITY MAP
PROJECT SITE
Attachment A
NO.
REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705
A LOCHNER COMPANY
DATE BY WHITTIER BOULEVARD AND 6TH STREET
TRAFFIC SIGNAL PROJECT
DESCRIPTION APPROV.
UNDER THE SUPERVISION OF:
Know what's below.
Call before you dig.
CITY OF MONTEBELLO
ENGINEERING DIVISION
APPROVED BY:
T-2
GENERAL NOTES GENERAL NOTES (CONTINUED): GENERAL STRIPING, MARKING, AND SIGNING NOTES:
NOTICE TO CONTRACTOR:
STORM WATER POLLUTION REQUIREMENT:
LIST OF STANDARD DRAWINGS:
CALTRANS STANDARD PLANS, 2024 EDITION
STANDARD PLANS FOR PUBLIC WORKS
CONSTRUCTION (SSPWC), 2021 EDITION
ABBREVIATIONS:
GENERAL TRAFFIC SIGNAL NOTES:
UNDERGROUND SERVICE ALERT OF
SOUTHERN CALIFORNIA
PROFESSIONAL ENGINEER'S NOTE:
GENERAL NOTES
NO.
REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705
A LOCHNER COMPANY
DATE BY WHITTIER BOULEVARD AND 6TH STREET
TRAFFIC SIGNAL PROJECT
DESCRIPTION APPROV.
UNDER THE SUPERVISION OF:
Know what's below.
Call before you dig.
CITY OF MONTEBELLO
ENGINEERING DIVISION
APPROVED BY:
TS-1
St Name
TRAFFIC SIGNAL PLAN
PHASE 1
NO.
REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705
A LOCHNER COMPANY
DATE BY WHITTIER BOULEVARD AND 6TH STREET
TRAFFIC SIGNAL PROJECT
DESCRIPTION APPROV.
UNDER THE SUPERVISION OF:
Know what's below.
Call before you dig.
CITY OF MONTEBELLO
ENGINEERING DIVISION
APPROVED BY:
DETAIL A WHITTIER BOULEVARD AND 6TH STREET NORTHWEST CORNER ”
C-1
” ”
” CURB RAMP DETAILS
PHASE 1
NO.
REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705
A LOCHNER COMPANY
DATE BY WHITTIER BOULEVARD AND 6TH STREET
TRAFFIC SIGNAL PROJECT
DESCRIPTION APPROV.
UNDER THE SUPERVISION OF:
Know what's below.
Call before you dig.
CITY OF MONTEBELLO
ENGINEERING DIVISION
APPROVED BY:
C-2
PAVEMENT REHABILITATION PLAN
PHASE 2
NO.
REVISIONS
Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705
A LOCHNER COMPANY
DATE BY WHITTIER BOULEVARD AND 6TH STREET
TRAFFIC SIGNAL PROJECT
DESCRIPTION APPROV.
UNDER THE SUPERVISION OF:
Know what's below.
Call before you dig.
CITY OF MONTEBELLO
ENGINEERING DIVISION
APPROVED BY:
DECORATIVE CROSSWALK PLAN
PHASE 2
DC-1
CITY OF MONTEBELLO
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS
FOR
WHITTIER BOULEVARD AND 6TH STREET TRAFFIC SIGNAL PROJECT C.P. No. 926
SALVADOR MELENDEZ – MAYOR
GEORGINA TAMAYO – MAYOR PRO TEM
RIC ALONZO – COUNCILMEMBER
SCARLET PERALTA – COUNCILMEMBER
DANIELLE ROMERO– COUNCILMEMBER
RAUL ALVAREZ – CITY MANAGER
CESAR ROLDAN - PUBLIC WORKS DIRECTOR
PROJECT SUBJECT TO PROJECT LABOR AGREEMENT NO. 4202
Bid Opening (Electronic Bid through PlanetBids): September 10, 2025 at 11:00 a.m.
City of Montebello
Office of the City Clerk
1600 W. Beverly Boulevard
Montebello, CA 90640
Attachment B
WHITTIER BOULEVARD AND 6TH STREET TRAFFIC SIGNAL PROJECT C.P. No. 926
IN THE CITY OF MONTEBELLO
BID SCHEDULE
Bidding Period August 15, 2025 – September 10, 2025
Questions or Request for Information August 28, 2025 at 12:00 p.m.
Response to Questions September 2, 2025 at 5:00 p.m.
Bid Opening September 10, 2025 at 11:00 a.m.
Tentative Award of Contract October 8, 2025 at 11:00 a.m.
Commence Construction October 27, 2025
Complete Construction August 3, 2026
Close out Project September 2026
Bid Opening (Electronic Bid through PlanetBids): September 10, 2025 at 11:00 a.m. https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 These Specifications have been prepared
under the direction of:
____________________________________
Cesar Roldan, Director of Public Works
The image part with relationship ID rId10 was not found in the file.
CITY OF MONTEBELLO
CALIFORNIA
TO PROSPECTIVE BIDDERS:
The City of Montebello invites you to become a prospective bidder on one of its public projects.
It is the City’s intention to provide you with thorough and complete information regarding this project and to present an accurate description of the necessary work so that you may successfully bid and construct the project.
Submittal of your bid assumes that you have made a thorough and complete investigation of the project site and that you have discovered no apparent discrepancies between the scope of work set forth in the plans and specifications and the actual field conditions.
If there are any questions regarding this project, please contact the City Engineer’s office at (323) 887-1200, ext. 462.
Cesar Roldan
Director of Public Works
WHITTIER BOULEVARD AND 6TH STREET TRAFFIC SIGNAL PROJECT C.P. No. 926
IN THE CITY OF MONTEBELLO
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS A-1 to A-3
INSTRUCTIONS TO BIDDERS B-1 to B-3
BID PROPOSAL C-1 to C-23
CONTRACT AGREEMENT D-1 to D-21
TECHNICAL SPECIFICATIONS APPENDIX “A”
DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
CONTRACTOR REGISTRATION NUMBER FORM APPENDIX “B”
EQUIPMENT DETAILS & CUT SHEETS APPENDIX “C”
PROJECT SIGN APPENDIX “D”
PROJECT LABOR AGREEMENT NO. 4202 APPENDIX “E”
A-1
NOTICE INVITING BIDS
FOR
WHITTIER BOULEVARD AND 6TH STREET TRAFFIC SIGNAL PROJECT C.P. No. 926
IN THE CITY OF MONTEBELLO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites bids for the above stated project and will receive such bids electronically ONLY thru PlanetBids, https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 by 11:00 am., September 10, 2025.
SCOPE OF WORK: The work to be performed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the latest adopted edition of the Building Code, the 2021 Standard Plans for Public Works Construction (SPPWC), 2024 Standard Specifications for Public Works Construction “Greenbook” (referred to as Standard Specifications), 2024 Caltrans Standard Plans and Specifications unless otherwise shown.
CONTRACT DOCUMENTS:
Copies of the contract documents and specifications are available through PlanetBids.
In order to be on the Planholder List for this project, each bidder must submit a Bidders Information Sheet through PlanetBids. Bids will not be accepted unless the bidder is on the Planholder’s List. All questions from plan holders must be sent through PlanetBids.
Questions: All questions related to this project prior to the opening of bids shall be submitted electronically and received no later than 12:00 p.m. on August 28, 2025.
PREVAILING WAGE:
Prevailing wage requirements apply to public works projects with a value exceeding $1,000.00. The definition of “public works” is found at Labor Code Section 1720, et seq.
Pursuant to Section 1770, et seq., of the California Labor Code, the Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is available on-line at: B-2
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.
A-2
LABOR COMPLIANCE:
To comply with SB 854, beginning January 1, 2015 the following applies:
1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.
3. The project is subject to compliance monitoring and enforcement by the DIR.
4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.
The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix “B” and submit it with the sealed Bid.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, marital status or religion in any consideration leading to the award of contract.
In entering into a public works contract, or subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or the Subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) of under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work contract or the subcontract. This assignment shall be made and become effective as the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.
Bids must be prepared on the approved Proposal forms in conformance with the “Instructions to Bidders” and submitted electronically. The bid must be accompanied by certified or cashier’s check, or bidder’s bond, made payable to the AGENCY for an amount no less than ten percent of the amount bid.
Bidders must hold a valid California Class A or C-10 Contractor’s License.
No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of the Business and Professions Code. The successful Contractor and his subcontractors will be required to possess business licenses from the City.
The AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 9-3.2 of these Specifications. The Contractor may substitute an escrow holder surety of
A-3
equal value to the retention and the Contractor shall be beneficial owner of the surety and shall receive any interest thereon.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a period of sixty (60) days.
The contract period for this project is one hundred ninety (190) working days from the effective date of the Notice-to-Proceed to be issued by the City.
BY ORDER OF: The City of Montebello, California
_____________________________
Christopher Jimenez, City Clerk
B-1
INSTRUCTIONS TO BIDDERS
FOR
WHITTIER BOULEVARD AND 6TH STREET TRAFFIC SIGNAL PROJECT C.P. No. 926
IN THE CITY OF MONTEBELLO
PROPOSAL FORMS
Bids shall be submitted directly through PlanetBids
(https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) and contractors must use the Proposal forms provided by the AGENCY (contained within these contract specifications). All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements.
PROPOSAL GUARANTEE
Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier’s check or bid bond payable to the AGENCY in the amount not less than ten percent of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantees for all bidders will be held until the successful bidder has properly executed all contract documents.
DELIVERY OF PROPOSAL
Bids shall be submitted directly through PlanetBids
(https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) by 11:00 a.m. on September 10, 2025. It is the bidder’s responsibility to ensure the bids have been successfully submitted through PlanetBids. Late proposals will not be considered.
WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY’s designated official prior to the bid-opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.
B-2
IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested.
No oral, telegraphic, telephonic, facsimile or electronic proposal, modification or withdrawal will be considered.
TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all bid amounts will be deemed and held to include any and all such applicable taxes.
DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code.
DISCREPANCIES AND MISUNDERSTANDINGS
Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed.
No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.
EQUIVALENT MATERIALS
Although the bidder may believe that by use of a different material than that specified on/in the plans and specifications, a lower cost project/bid may result. The bidder is to bid the project on the basis of using the material(s) as named keeping in mind that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he considers to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Contractor may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the AGENCY allowing the use of the Contractor proposed equal that a change in the contract amount may result.
B-3
LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith.
AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to accept or reject any or all proposals, to waive any irregularity, and to make an award as may best serve the interests of the AGENCY.
SURETY BOND PERIOD
Surety Faithful Performance Bond shall be maintained for one (1) year after completion of project construction.
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PROPOSAL
FOR
WHITTIER BOULEVARD AND 6TH STREET TRAFFIC SIGNAL PROJECT C.P. No. 926
IN THE CITY OF MONTEBELLO
TO THE CITY OF MONTEBELLO, as “AGENCY” or “City”
In accordance with the City’s Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with City at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to City of the guarantee accompanying this proposal. This bid may not be withdrawn within a period of sixty (60) days after the date of its proper opening by the City.
BIDDER understands that a bid is required for the entire work and that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE
CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’s default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the City’s notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City and this bid and the acceptance hereof may, at the City’s option, be considered null and void.
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BID PROPOSAL
FOR
WHITTIER BOULEVARD AND 6TH STREET TRAFFIC SIGNAL PROJECT C.P. No. 926
IN THE CITY OF MONTEBELLO
The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:
Construct improvements as reiterated above, located in the City of Montebello, California, in accordance with the specifications for the unit price set forth in the following items:
BID SCHEDULE
ITEM
NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL
PHASE I
1 PHASE I MOBILIZATION (Not to exceed
10% of total of all other Phase I contract
Bid Items)
1 LS
2 PHASE I TRAFFIC CONTROL (Not to
exceed 8% of total of all other Phase I
contract Bid Items)
1 LS
3 PHASE I STORM WATER BMP’S 1 ALL $5,000.00 $5,000.00
4 DEMOLITION/UNCLASSIFIED
EXCAVATION
8 CY
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5 CONSTRUCT TYPE A2 CURB OVER 6”
CMB 12 LF
6 CONSTRUCT 4” PCC SIDEWALK
OVER 3” CMB 160 SF
7 CONSTRUCT 4” PCC CURB RAMP
OVER 3” CMB 1 EA
8 REMOVE EXISTING AND CAST IN
PLACE 3’ X 4’ DECTABLE WARNING
SURFACE
3 EA
9 REMOVE EXISTING AND INSTALL
STRIPING, SIGNING AND PAVEMENT
MARKINGS
1 LS
10* NEW TRAFFIC SIGNAL AT WHITTIER
BOULEVARD AND 6TH STREET 1 LS
PHASE I - TOTAL AMOUNT BASE BID SCHEDULE IN FIGURES
PHASE II
11 PHASE II MOBILIZATION (Not to
exceed 10% of total of all other Phase II
contract Bid Items)
1 LS
12 PHASE II TRAFFIC CONTROL (Not to
exceed 8% of total of all other Phase II
contract Bid Items)
1 LS
13 PHASE II STORM WATER BMP’S 1 ALL $5,000.00 $5,000.00 14 COLD MILL AC PAVEMENT, 2”
DEPTH 4,944 SF
15 CONSTRUCT 2” AC PAVEMENT
OVERLAY (TYPE C2-PG, 64-10) 61 TON
16 INSTALL DECORATIVE CROSSWALK 1 ALL $50,000.00 $50,000.00
PHASE II - TOTAL AMOUNT BASE BID SCHEDULE IN FIGURES
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TOTAL AMOUNT BASE BID SCHEDULE IN FIGURES (PHASE I + PHASE II) * = Contractor shall provide a schedule of values listing all components, quantities, and unit prices of the bid item.
TOTAL AMOUNT BID IN WORDS (PHASE I + PHASE 2): _____________________________________________ _____________________________________________________________________________ _______________________________________________________________________Dollars _____________________________________________________________________________ Bidder’s Signature Title
_____________________________________________________________________________ Company Name
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DESIGNATION OF SUBCONTRACTORS
California Public Contract Code 6109
The City of Montebello cannot permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project.
In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 4100, Division 5, Title 1 of the California Public Contract Code) and any amendments thereof, each bidder shall set forth below: (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract in an amount in excess of one-half of one percent of the prime contractor's total bid, and (b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid.
If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, the prime contractor shall be deemed to have agreed that he/she is fully qualified and will perform that portion themselves.
No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or (c) subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his/her original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.
California Public Contract Code 7104
Contractor shall, in any activity involving trenching more than four feet deep, notify the Engineer of hazardous materials, subsurface or latent physical site conditions different from those indicated and any unusual site conditions. Contractor shall, in contracts exceeding $25,000, provide detailed plans for trenches or excavations of five feet or more in depth. Cal. Lab. Code § 6705.
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Bidder’s List of subcontractors
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/publicworks/contractor-registration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Subcontractor Name and Location
Line Item # &
Description
Subcontract
Amount
Percentage of Bid Item
Subcontracted
Contractor
License Number
DIR Reg Number
Name:
_______________________________________
City, State
Name:
_______________________________________
City, State
Name:
_______________________________________
City, State
Name:
_______________________________________
City, State
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Name:
_______________________________________
City, State
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REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years:
1. __________________________________________________________________________ Name and Address of Agency
__________________________________________________________________________ Name and telephone number of person familiar with project __________________________________________________________________________ Contract amount Type of work Date completed
2. __________________________________________________________________________ Name and Address of Agency
__________________________________________________________________________ Name and telephone number of person familiar with project __________________________________________________________________________ Contract amount Type of work Date completed
3. __________________________________________________________________________ Name and Address of Agency
_________________________________________________________________________ Name and telephone number of person familiar with project _________________________________________________________________________ Contract amount Type of work Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE
AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS
PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
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PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
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Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
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Non-collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY / COUNTY of _________________________________________ DEPARTMENT OF PUBLIC WORKS.
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.