Montebello City Council
October 8, 2025

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, OCTOBER 8, 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 City Clerk Services
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
Kimberly Guillen
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria

October 8, 2025: City Council Meeting Page 2 of 9

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,

October 8, 2025: City Council Meeting Page 3 of 9

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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager

2. CALIFORNIA STATE AUDIT UPDATE
Government Code Section 54956.75

3. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiator: City Manager
Employee Organization: Montebello Executive Management Association

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
NASA Services, Inc. et al. v. City of Montebello et al. Case No: 21STCP01969

5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 1111-1153 Washington Boulevard, Montebello, California Agency negotiators: Raul Alvarez, Joseph Palombi, John Soria Negotiating party: Magna & Magna Inc.

Under negotiation: Price and Terms of Potential Acquisition

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

October 8, 2025: City Council Meeting Page 4 of 9

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

6. CITIZEN OF THE MONTH - SHARI SHIOI

7. PROCLAMATION FOR BREAST CANCER AWARENESS MONTH

8. PROCLAMATION FOR METASTATIC BREAST CANCER AWARENESS DAY - OCTOBER 13TH

9. PROCLAMATION FOR BULLYING PREVENTION MONTH

10. PROCLAMATION FOR DOMESTIC VIOLENCE AWARENESS MONTH

11. PROCLAMATION FOR DOWN SYNDROME AWARENESS MONTH
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

12. AWARD AGREEMENT NO. 4411 TO ELECNOR BELCO ELECTRIC, INC. FOR INSTALLATION OF A TRAFFIC SIGNAL AT WHITTIER BOULEVARD AND 6TH STREET (CP 926)

RECOMMENDATION: It is recommended that the City Council:

1. Award Agreement No. 4411 to Elecnor Belco Electric, Inc. for installation of a Traffic Signal at Whittier Boulevard and 6th Street (CP 926) as the lowest, most responsive and responsible bidder for the amount of $598,965; and

2. Approve a 10% construction contingency of $59,896; and

3. Amend the adopted Fiscal Year 2025-26 budget by increasing appropriations by $358,861 in Account No. 222-30-310-6040.10 (Measure M, Public Works, Streets, Contract Services -- Outside Contracts); and

4. Authorize the City Manager to execute Agreement No. 4411 (Attachment A) and all applicable change orders in good faith; and

5. 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.

13. APPROVE SUBMISSION OF AN APPLICATION TO THE CALRECYCLE ILLEGAL DISPOSAL SITE

ABATEMENT GRANT PROGRAM

RECOMMENDATION: It is recommended that the City Council:

October 8, 2025: City Council Meeting Page 5 of 9

1. Authorize staff to submit a grant application through the California Department of Resources Recycling and Recovery (CalRecycle), which administers the Illegal Disposal Site Abatement Grant Program, for additional fencing and site remediation of illegal dumping along Bluff Road between Washington Boulevard and Mines Avenue; and

2. Authorize the City Manager to execute all applicable documents in good faith; and

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

14. AWARD AGREEMENT NO. 4410 TO ALL AMERICAN ASPHALT FOR THE FISCAL YEAR 2024-25 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT (CP 938)

RECOMMENDATION: It is recommended that the City Council:

1. Award Agreement No. 4410 to All American Asphalt for the Fiscal Year 2024-25 SB1 Rubberized Asphalt Street Enhancement Project (CP 938) as the lowest, most responsive and responsible bidder for the amount of Three Million, Eight-Hundred Seventy-Five Thousand, Seven Hundred Seventy – Four Dollars ($3,875,774); and

2. Approve a 10% contingency of $387,577; and

3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $375,774 in Account No. 220- 99-7117 (Measure R, Non-Departmental, Improvements Other Than Building – Paving the Way) and by $387,577 in Account No. 215-99-7117 (Proposition C , Non-Departmental, Improvements Other Than Building – Paving the Way); and

4. Authorize the City Manager to execute Agreement No. 4410 (Attachment A) and all applicable change orders in good faith; and

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

15. ACCEPTANCE OF THE PLAZA DRIVE PAVEMENT REHABILITATION PROJECT (CP 917) – NOTICE OF

COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Plaza Drive Pavement Rehabilitation Project (CP 917) by All American Asphalt; and

2. Approve the final contract amount with All American Asphalt in the amount of $354,181 including change orders; and

3. Approve the Final Total Project Budget (Attachment A); and

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

5. Authorize the release of the retention payment of $17,709 due to All American Asphalt following the mandatory waiting period from the date the Notice of Completion is recorded; and

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

16. APPROVE BLANKET PURCHASE ORDER WITH THE HOME DEPOT FOR THE PURCHASE OF

MAINTENANCE, REPAIR, OPERATING AND INDUSTRIAL SUPPLIES AND RELATED PRODUCTS AND

SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve a blanket purchase order with The Home Depot for $100,000 for the purchase of maintenance, repair, operating and industrial supplies and related products and services for Fiscal Year 2025-26; and

2. Approve issuance of a blanket purchase order to The Home Depot through the use of Omnia Partners cooperative agreement (Attachment A) as allowed by Montebello Municipal Code Chapter 3.20.050(F) – Cooperative Purchases; and

3. Authorize the City Manager to increase the not-to-exceed amount by $50,000 (up to $150,000) as needed for Fiscal Year 2025-26; and

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

17. APPROVE BLANKET PURCHASE ORDERS WITH ACE HARDWARE OF MONTEBELLO (WAJTAVAR

CORPORATION), GARVEY EQUIPMENT COMPANY AND WALTERS WHOLESALE ELECTRIC TO

PROVIDE EQUIPMENT, HARDWARE, TOOLS, AND RELATED MATERIALS BASED ON RESPONSES TO

October 8, 2025: City Council Meeting Page 6 of 9

REQUEST FOR QUOTES (RFQ) NO. 26-02

RECOMMENDATION: It is recommended that the City Council:

1. Approve a blanket purchase order with Ace Hardware of Montebello (Wajtavar Corporation) in the amount of $5,000 with the option to increase up to $10,000 for Fiscal Year 2025-26 based on their response to RFQ No. 26-02; and

2. Approve a blanket purchase order with Garvey Equipment Company in the amount of $10,000 with the option to increase up to $15,000 for Fiscal year 2025-26 based on their response to RFQ No. 26-02; and

3. Approve a blanket purchase order with Walters Wholesale Electric in the amount of $25,000 with the option to increase up to $30,000 for Fiscal year 2025-26 based on their response to RFQ No. 26-02; and

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

18. APPROVE BLANKET PURCHASE ORDERS WITH ALLSTAR FIRE EQUIPMENT, GALLS LLC, HARDY AUTO PARTS, L.N. CURTIS AND SONS, MES SERVICE COMPANY AND ZOLL MEDICAL CORPORATION

FOR THE ACQUISITION OF FIRE DEPARTMENT EQUIPMENT AND SUPPLIES

RECOMMENDATION: It is recommended that the City Council:

1. Approve an increase of $150,000 to the existing Fiscal Year 2025-26 purchase order with Allstar Fire Equipment, Inc. for personal protective equipment and fire-related supplies for a not-to-exceed amount of $200,000; and

2. Approve issuance of an annual blanket purchase order to Galls LLC for personal protective equipment and fire-related supplies in an amount that shall not exceed $150,000 for Fiscal Year 2025-26; and

3. Approve an increase of $50,000 to the existing FY 2025-26 purchase order with IB Auto Parts Inc. (DBA Hardy Auto Parts) for vehicle-related equipment and supplies for a not-to-exceed amount of $100,000; and

4. Approve an increase of $100,000 to the existing FY 2025-26 purchase order with L.N. Curtis and Sons for fire-related supplies for a not-to-exceed amount of $200,000; and

5. Approve an increase of $150,000 to the existing FY 2025-26 purchase order with MES Service Company LLC for personal protective equipment and fire-related supplies for a not-to-exceed amount of $200,000; and

6. Approve an increase of $50,000 to the existing FY 2025-26 purchase order with Zoll Medical Corporation GPO for fire and emergency medical-related equipment and supplies for a not-to-exceed amount of $100,000; and

7. Authorize the City Manager to approve up to an additional $25,000 in expenditures for each vendor, for a maximum (potential) not-to-exceed amount of $225,000 (Allstar Fire Equipment Inc.), $175,000 (Galls LLC), $125,000 (IB Auto Parts Inc DBA Hardy Auto Parts), $225,000 (L.N. Curtis and Sons), $225,000 (MES Service Company LLC), and $125,000 (Zoll Medical Corporation GPO); and

8. Take such additional, related actions that may be desirable.

19. ADOPT RESOLUTION NO. 25-88 AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE LOS

ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT'S REGIONAL RECREATION, MULTI-

USE TRAILS AND ACCESSIBILITY GRANT PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-88 authorizing the submission of an application for the Los Angeles County Regional Park and Open Space District's Regional Recreation and Multi-Use Trails and Accessibility Grant Program; and

2. Authorize the City Manager to designate authority to the Director of Recreation and Community Services to conduct all negotiations and execute and submit documents reasonably necessary for the completion of the awarded project; and

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

20. APPROVE SUBMISSION OF AN APPLICATION FOR THE GAMETIME COMMUNITY CHAMPIONS

PLAYGROUND GRANT PROGRAM

RECOMMENDATION: It is recommended that the City Council:

October 8, 2025: City Council Meeting Page 7 of 9

1. Approve submission of an application for the GameTime Community Champions Playground Grant Program; and

2. Authorize the City Manager to designate authority to the Director of Recreation and Community Services to conduct all negotiations and execute and submit documents reasonably necessary for the completion of the awarded project; and

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

21. APPROVE APPROPRIATION OF MATCHING FUNDS AND AUTHORIZATION OF PURCHASE ORDERS FOR THE FISCAL YEAR 2023 EMERGENCY OPERATIONS CENTER (EOC) GRANT PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $266,442 in Account No. 100- 85-880-6010.10 (General Fund, Fire, Communications, Machinery & Equipment) for the remaining required local match for the Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program; and

2. Approve an increase of $675,000 to the existing Fiscal Year 2025-26 purchase order with Motorola Solutions, Inc. for the purchase of public safety radios, equipment, and software upgrades related to the EOC Grant Program; and

3. Approve issuance of a purchase order to Viavi Solutions for communications testing equipment in an amount that shall not exceed $115,000; and

4. Approve issuance of a purchase order to Commline Inc. for public safety radios and equipment in an amount that shall not exceed $170,000; and

5. Approve issuance of a purchase order to a to be determined vendor for a towable emergency generator in an amount that shall not exceed $85,000; and

6. Authorize the City Manager to approve up to an additional $25,000 in expenditures for each vendor, for a maximum (potential) not-to-exceed amount of $700,000 (Motorola Solutions, Inc.), $140,000 (Viavi Solutions), $195,000 (Commline Inc.), and $110,000 (a TBD vendor); and

7. Authorize purchases from the above mentioned vendors by utilizing the exception to the bidding and procurement process allowed by Montebello Municipal Code Section 3.20.050(C) - Standardization of Goods and/or Services; and

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

22. SECOND READING AND ADOPTION OF ORDINANCE NO. 2483 AMENDING CHAPTER 17 OF THE MONTEBELLO MUNICIPAL CODE TO ESTABLISH CHAPTER 17.41- VIEWSHED PRESERVATION

OVERLAY

RECOMMENDATION: It is recommended that the City Council:

1. Waive Second Reading and adopt Ordinance No. 2483, amending Chapter 17 of the Montebello Municipal Code (“MMC”) to establish Chapter 17.41 - Viewshed Preservation Overlay to protect and preserve significant public and private views; and

2. DETERMINE AND FIND that the project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the “Common Sense” exemption set forth under Section 15061(b)(3), which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment, considering that it can be seen with certainty that there is no possibility that adding a viewshed preservation overlay will have a significant effect on the environment and pursuant to CEQA Section 15303 related to construction and location of limited numbers of new, small facilities or structures, and the conversion of existing small structures that are consistent with the City’s general plan policies and zoning regulations; and

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

23. APPROVE PURCHASE OF TWO POLICE SERVICE DOGS AND NECESSARY AND RELATED EQUIPMENT

AND TRAINING FROM ADLERHORST INTERNATIONAL, LLC

RECOMMENDATION: It is recommended that the City Council:

October 8, 2025: City Council Meeting Page 8 of 9

1. Approve the purchase of two (2) police service dogs, related equipment and training as allowed by Montebello Municipal Code section 3.20.050(G) – Piggyback Purchase, utilizing the existing Riverside County Sheriff’s Office competitive bidding process award (Request for Quote # SHARC-588) to Adlerhorst International, LLC; and

2. Authorize the City Manager to execute all necessary documents related to the purchase of the police service dogs, equipment and training; and

3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $50,000 in Account No. 230-99- 6000.40 (Asset Forefiture, Supplies - Durable); and,

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

24. AUTHORIZE AN INCREASE TO THE PURCHASING AMOUNT FOR DELL MARKETING LP AND CPACINC FOR FISCAL YEAR 2025-26

RECOMMENDATION: It is recommended that the City Council:

1. Authorize a purchasing amount of $100,000 to Dell Marketing LP for purchases during Fiscal Year 2025- 26 utilizing NASPO Master Agreement 23026, as authorized by Montebello Municipal Code Section

3.20.050(F) - Cooperative Purchase; and

2. Authorize a purchasing amount of $100,000 to CPACinc for purchases during Fiscal Year 2025-26 utilizing OMNIA Partners Contract #R250307 with TD Synnex Corporation, as authorized by Montebello Municipal Code Section 3.20.050(F) - Cooperative Purchase; and

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

25. APPROVAL OF MINUTES: SEPTEMBER 24, 2025, SPECIAL CITY COUNCIL MEETING; SEPTEMBER 24, 2025, CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said Minutes as is.

26. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-89 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED OCTOBER 8, 2025

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-89, Approving the City Warrant Register of Demands dated October 8, 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).

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Scarlet Peralta, Councilmember

• Ric Alonzo, Councilmember

• Danielle Romero, Councilmember

1. I would like to thank our firefighters who were deployed to help up North in the Wildland Fires.

2. SEACCA launched a Wild Tunes program where residents can sing or play instruments for animals.

October 8, 2025: City Council Meeting Page 9 of 9

• Georgina Tamayo, Mayor Pro Tem

• Salvador Melendez, Mayor

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on October 22, 2025, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Director of City Clerk Services for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, October 5, 2025, no later than 6:00 p.m.

Kimberly Guillen, Director of City Clerk Services

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 # 12

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. 4411 TO ELECNOR BELCO ELECTRIC, INC. FOR INSTALLATION OF A TRAFFIC SIGNAL AT WHITTIER
BOULEVARD AND 6TH STREET (CP 926)

DATE: October 8, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Award Agreement No. 4411 to Elecnor Belco Electric, Inc. for installation of a Traffic Signal at Whittier Boulevard and 6th Street (CP 926) as the lowest, most responsive and responsible bidder for the amount of $598,965; and

2. Approve a 10% construction contingency of $59,896; and

3. Amend the adopted Fiscal Year 2025-26 budget by increasing appropriations by $358,861 in Account No. 222-30-310-6040.10 (Measure M, Public Works, Streets, Contract Services -- Outside Contracts); and

4. Authorize the City Manager to execute Agreement No. 4411 (Attachment A) and all applicable change orders in good faith; and

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

FISCAL IMPACT:

Staff recommend awarding Agreement No. 4411 to Elecnor Belco Electric, Inc. as the lowest most responsive and responsible bidder for the amount of $598,965 for the construction of a traffic signal at Whittier Blvd and 6th Street. Additionally, a 10% construction contingency of $59,896.50 is requested in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life, bringing the total contract amount to $658,861.

This project is being funded utilizing Measure M funds as well as payment from the Cesar

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

Chavez Foundation. The Cesar Chavez Foundation (CCF) project at Whittier Blvd and 6th Street included payment towards a signal at that location. Funds in the amount of $300,000 have already been received from CCF, and a portion of the project will be expensed in Account No. 100-30-310-7116 (General Fund, Public Works, Streets, Improvements Other Than Building). The $300,000 received from CCF towards this project will be recorded as expenses are incurred, resulting in no net impact to the General Fund. Additional funding will come from Measure M (Account No. 222-30-310- 6040.10, Measure M, Public Works, Streets, Contract Services Outside Contracts).

The recommended actions require amending the Fiscal Year 2025-26 budget by increasing appropriations by $358,861 in Account No. 222-30-310-6040.10 (Measure M, Public Works, Streets, Contract Services -- Outside Contracts). Additionally, staff request authorization for the City Manager to execute all contract change orders that are approved and negotiated in good faith by the Director of Public Works and the construction manager.

BACKGROUND/DISCUSSION:

On August 13, 2025, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for the project. The City’s 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 side of 6th Street between Whittier Boulevard and Los Angeles Avenue. Development conditions required the addition of a signalized intersection at Whittier Boulevard and 6th Street. CCF provided $300,000 towards construction of the signal, and these funds will be used towards the total project expenses.

The NIB was published on August 14, 2025 in a newspaper of general circulation. Bidders accessed the contract specifications via PlanetBids. A total of six (6) bids were received electronically via PlanetBids on September 10, 2025. The following is the tabulation based on the lowest to the highest bids received:

Contractors Bid Totals
1 Elecnor Belco Electric, Inc. $598,965

2 Crosstown Electrical & Data, Inc. $638,587

3 International Line Builders, Inc. $642,043

4 Select Electric, Inc. $644,845

5 California Professional Engineering, Inc. $670,416

6 Baker Electric & Renewables LLC $739,228

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

The bid analysis was conducted to ensure that the lowest, most responsive and responsible bid met all state and local requirements. Based on the review, the staff’s recommendation is to award Elecnor Belco Electric, Inc. Agreement No. 4411 (Attachment A) as the lowest, most responsive and responsible bidder. The remaining bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis are included in Attachment B.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend the City Council award a construction agreement to Elecnor Belco Electric, Inc. for the Traffic Signal at Whittier Boulevard and 6th Street (CP 926) for $598,965 and approve a construction contingency of $59,896 payable for a total contract amount of $658,861. Additionally, staff is requesting to amend the Fiscal Year 2025-26 adopted budget by increasing appropriations by $358,861 in Account No. 222-30-310- 6040.10 (Measure M, Public Works, Streets, Contract Services -- Outside Contracts); and authorize the City Manager to execute the contract and all change orders in good faith.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4411 - Elecnor Belco Electric (CP 926)

2. Attachment B - Bid Results CP 926

P
UBLIC WORKS AGREEMENT NO. 4411
WITH ELECNOR BELCO ELECTRIC, INC.

T HIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on October 8, 2025, (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ELECNOR BELCO ELECTRIC, INC. , a California corporation (“CONTRACT OR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RE
CITALS
W
HEREAS, the CITY duly advertised a Notice Inviting Bids on August 14, 2025, C.P.

No. 926 Traffic Signal at Whittier Boulevard and 6th Street (“PROJECT”).

W
HEREAS, on October 8, 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.

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

SECT
ION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS a
. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Add endums, 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. T
his 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. 4411

5. Special Provisions, if any

6. Addendums

7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids

SECTION 2. THE WORK

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

SECTION 3. TERM; AND TIME FOR COMPLETION

a. This Agreement shall expire June 30, 2026, from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional six (6) months upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.

SECTION 4. COMPENSATION

CONTRACTOR hereby agrees to receive and accept the total amount of Five Hundred Ninety-Eight Thousand, Nine Hundred Sixty-Five Dollars ($598,965.00), 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. 4411

Contract Code Section 20104.5 0. 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. 4411

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 Ninety (190) 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.

STANDARD PUBLIC WORKS AGREEMENT NO. 4411

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

8.2. Ineligible CONTRACTOR Prohibited.

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

8.3. Compliance with SB 854 Registration.

This P ROJECT 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4411

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

8.8. Day’s Work.

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

8.9. Payroll Records.

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

8.10. Employment of Apprentices.

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

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

8.11. Records Audit

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

SECTION 9. PREVAILING WAGES

STANDARD PUBLIC WORKS AGREEMENT NO. 4411

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. 4411

SECTION 11. BONDS

a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a P erformance 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 C ITY 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. 4411

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 non- binding mediation.

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

SECTION 15. TERMINATION.

15.1. Termination for Convenience.

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

STANDARD PUBLIC WORKS AGREEMENT NO. 4411

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. 4411

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

SECTION 18. NOTICE OF COMPLETION

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

SECTION 19. AUTHORITY

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

SECTION 20. ENTIRE AGREEMENT

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

SECTION 21. ATTORNEY’S FEES AND COSTS

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

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

SECTION 22. INDEPENDENT CONTRACTOR

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

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

SECTION 23. NOTICE

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

To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

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

To CONTRACTOR: Elecnor Belco Electric, Inc.

Attn: John Wong
Address: 14320 Albers Way
Chino, CA 91710
Phone: (909) 993-5470
Email: [email protected]
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

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Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be 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. 4411

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

ELECNOR BELCO ELECTRIC, INC.
(“CONTRACTOR”)

By:
________________________________
John Wong, Executive Vice President

Date:
________________________________

By:

________________________________
Rene Wilkes, Contract Administrator

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 $ 1,000,000 for each person and $1 ,000,000 for each occurrence; property damage limits of $1 ,000,000 for each occurrence, $2,000,000 aggregate.

Products/Completed Operations Hazard Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000);

A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($ 2,000,000) 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 $1 ,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 SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.

4. Additional Insureds.

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

5. Notice of Cancellation.

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

6. Severability Clause.

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

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

7. Qualifications of Insurer.

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

8. Approval of Insurer.

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

9. Payment of Premiums.

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

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 a greed 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 Ag reement, 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

Item No. Description Quantities Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 PHASE I MOBILIZATION (Not to exceed
10% of total of all other Phase I contract
Bid Items)
1 LS $4,300.00 $4,300.00 $7,500.00 $7,500.00 $37,948.00 $37,948.00 $4,855.00 $4,855.00 $22,250.00 $22,250.00 $5,000.00 $5,000.00 2 PHASE I TRAFFIC CONTROL (Not to
exceed 8% of total of all other Phase I
contract Bid Items) 1 LS $7,500.00 $7,500.00 $8,500.00 $8,500.00 $15,574.00 $15,574.00 $3,197.00 $3,197.00 $2,875.00 $2,875.00 $15,000.00 $15,000.00 3 PHASE I STORM WATER BMP’S 1 ALL $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 4 DEMOLITION/UNCLASSIFIED EXCAVATION
8 CY $456.00 $3,648.00 $1,045.00 $8,360.00 $1,136.00 $9,088.00 $1,087.00 $8,696.00 $460.00 $3,680.00 $1,030.25 $8,242.00 5 CONSTRUCT TYPE A2 CURB OVER 6”
CMB
12 LF $171.00 $2,052.00 $415.00 $4,980.00 $242.00 $2,904.00 $134.00 $1,608.00 $172.50 $2,070.00 $339.33 $4,071.96 6 CONSTRUCT 4” PCC SIDEWALK
OVER 3” CMB
160 SF $34.15 $5,464.00 $25.00 $4,000.00 $55.00 $8,800.00 $26.00 $4,160.00 $34.50 $5,520.00 $40.15 $6,424.00 7 CONSTRUCT 4” PCC CURB RAMP
OVER 3” CMB 1 EA $11,379.00 $11,379.00 $17,570.00 $17,570.00 $14,998.00 $14,998.00 $14,708.00 $14,708.00 $11,500.00 $11,500.00 $16,483.00 $16,483.00 8 REMOVE EXISTING AND CAST IN
PLACE 3’ X 4’ DECTABLE WARNING
SURFACE 3 EA $10,242.00 $30,726.00 $1,845.00 $5,535.00 $2,307.00 $6,921.00 $1,918.00 $5,754.00 $10,350.00 $31,050.00 $1,818.00 $5,454.00 9 REMOVE EXISTING AND INSTALL

STRIPING, SIGNING AND PAVEMENT
MARKINGS 1 LS $29,470.00 $29,470.00 $16,590.00 $16,590.00 $15,574.00 $15,574.00 $17,266.00 $17,266.00 $29,782.00 $29,782.00 $16,362.00 $16,362.00 10 NEW TRAFFIC SIGNAL AT WHITTIER
BOULEVARD AND 6TH STREET
1 LS $403,994.00 $403,994.00 $426,324.00 $426,324.00 $412,747.00 $412,747.00 $457,383.00 $457,383.00 $451,574.00 $451,574.00 $526,583.00 $526,583.00 11 PHASE II MOBILIZATION (Not to
exceed 10% of total of all other Phase II
contract Bid Items) 1 LS $3,500.00 $3,500.00 $8,500.00 $8,500.00 $5,538.00 $5,538.00 $2,878.00 $2,878.00 $7,087.00 $7,087.00 $5,000.00 $5,000.00 12 PHASE II TRAFFIC CONTROL (Not to
exceed 8% of total of all other Phase II
contract Bid Items) 1 LS $2,243.00 $2,243.00 $10,500.00 $10,500.00 $4,269.00 $4,269.00 $3,197.00 $3,197.00 $2,334.50 $2,334.50 $10,000.00 $10,000.00 13 PHASE II STORM WATER BMP’S 1 ALL $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 14 COLD MILL AC PAVEMENT, 2”
DEPTH
4944 SF $3.50 $17,304.00 $7.00 $34,608.00 $3.50 $17,304.00 $7.00 $34,608.00 $3.45 $17,056.80 $6.66 $32,927.04 15 CONSTRUCT 2” AC PAVEMENT OVERLAY
(TYPE C2-PG, 64-10)
61 TON $285.00 $17,385.00 $420.00 $25,620.00 $498.00 $30,378.00 $435.00 $26,535.00 $387.50 $23,637.50 $453.80 $27,681.80 16 INSTALL DECORATIVE CROSSWALK 1 ALL $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $598,965.00 $638,587.00 $642,043.00 $644,845.00 $670,416.80 $739,228.80TOTALS Elecnor Belco Electric, Inc. Crosstown Electrical & Data, Inc. California Professional Engineering, Inc. Baker Electric & Renewables LLCInternational Line Builders, Inc. Select Electric, Inc.

Attachment B - Bid Results
Whittier Boulevard and 6th Street Traffic Signal Project CP 926 Attachment B

ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE SUBMISSION OF AN APPLICATION TO THE CALRECYCLE

ILLEGAL DISPOSAL SITE ABATEMENT GRANT PROGRAM

DATE: October 8, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize staff to submit a grant application through the California Department of Resources Recycling and Recovery (CalRecycle), which administers the Illegal Disposal Site Abatement Grant Program, for additional fencing and site remediation of illegal dumping along Bluff Road between Washington Boulevard and Mines Avenue; and

2. Authorize the City Manager to execute all applicable documents in good faith; and

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

FISCAL IMPACT:

CalRecycle’s Illegal Disposal Site Abatement Grant Program provides financial assistance to help public entities accelerate the pace of cleanup and restore sites from widespread illegal dumping of solid waste. CalRecycle has $1,000,000 available for each fiscal year. Eligible applicants can apply for up to $500,000 per fiscal year.

Due to the competitive nature of this grant and minimal available funding, staff seek to submit an application requesting $120,000 for additional fencing and cleanup of solid waste sites where remediation is necessary to protect public health and safety or the environment. The recommended actions have no fiscal impact. Should the City be successful in receiving a grant award, Staff will return to City Council to appropriate the funding.

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

BACKGROUND/DISCUSSION:

CalRecycle’s program includes eligible projects for solid waste cleanup of sites where cleanup is needed to protect public health and safety and the environment. Eligible costs include security measures such as fences, barriers, warning signs, and other measures to prevent recurring illegal dumping at the remediated sites. The application deadline for the Fiscal Year 2025-26 applications is October 15, 2025.

City Council approved an agreement at the August 13, 2025 meeting for the Rio Hondo Coastal Spreading Grounds Fence Replacement Project (CP 884). The focal point of the project is the replacement of chain link fencing along the Rio Hondo Coastal Spreading Grounds on Bluff Road between Sycamore Street and Mines Avenue. Several reasons for the replacement of the fence were that the fence was dilapidated and was not serving its intended purpose of securing the public right of way. The project will replace the existing fence with a wrought iron fence that will result in aesthetic and safety improvements in the community.

Due to a rise in material and labor costs, the construction contract will install fencing on Bluff Road from Sycamore Avenue to Washington Boulevard and approximately 800-feet north of Washington Boulevard. If successfull, the grant funding will allow for additional fence construction and site remediation along Bluff Road.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends City Council approve submission of a grant application to the California Department of Resources Recycling and Recovery's (CalRecycle) Illegal Disposal Site Abatement Grant Program for the construction of additional fencing and site remediation of illegal dumping along Bluff Road, between Washington Boulevard and Mines Avenue.

ATTACHMENT(S)

None

ITEM # 14

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: AWARD AGREEMENT NO. 4410 TO ALL AMERICAN ASPHALT FOR THE FISCAL YEAR 2024-25 SB1 RUBBERIZED ASPHALT STREET
ENHANCEMENT PROJECT (CP 938)

DATE: October 8, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Award Agreement No. 4410 to All American Asphalt for the Fiscal Year 2024-25 SB1 Rubberized Asphalt Street Enhancement Project (CP 938) as the lowest, most responsive and responsible bidder for the amount of Three Million, Eight- Hundred Seventy-Five Thousand, Seven Hundred Seventy – Four Dollars ($3,875,774); and

2. Approve a 10% contingency of $387,577; and

3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $375,774 in Account No. 220-99-7117 (Measure R, Non-Departmental, Improvements Other Than Building – Paving the Way) and by $387,577 in Account No. 215-99-7117 (Proposition C , Non-Departmental, Improvements Other Than Building – Paving the Way); and

4. Authorize the City Manager to execute Agreement No. 4410 (Attachment A) and all applicable change orders in good faith; and

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

FISCAL IMPACT:

Staff recommend awarding Agreement No. 4410 to All American Asphalt as the lowest, most responsive and responsible bidder for the amount of $3,875,774. Additionally, a 10% construction contingency of $387,577 is requested in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

over the course of its life, bringing the total not-to-exceed amount to $4,263,351.

The recommended action includes amending the Fiscal Year 2025-26 Capital Improvement Program (CIP) budget by increasing appropriations by $375,774 in Account No. 220-99-7117 (Measure R, Non-Departmental, Improvements Other Than Building – Paving the Way) and $387,577 in Account No. 215-99-7117 (Proposition C, Non- Departmental, Improvements Other Than Building – Paving the Way). It is important to note that $3,500,000 has been appropriated in FY 2025-26 for this project, utilizing Senate Bill (SB) 1 Road Maintenance and Rehabilitation Act (RMRA) and Paving the Way Bond – Measure R funds.

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

BACKGROUND/DISCUSSION:

On August 13, 2025, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for FY 2024-25 SB1 Rubberized Asphalt Street Enhancement Project (CP 938).

The focal point of the project is to repave/resurface the following street segments:

STREET FROM TO
1 1st Street Poplar Way Whittier Boulevard
2 Via Campo Garfield Avenue Gerhart Avenue
3 Vail Avenue Beverly Boulevard Washington Boulevard
4 Madison Avenue Vail Avenue Wilcox Avenue
5 18th Street Beverly Boulevard Whittier Boulevard
6 16th Street Cleveland Avenue Madison Avenue
7 Cleveland Avenue Maple Avenue Montebello Boulevard
8 Via Val Verde Concourse Avenue Beverly Boulevard
9 Maple Avenue Loma Road Westmoreland Drive
10 Perry Avenue Germain Drive Westmoreland Drive

The NIB was published on August 14, 2025, in a newspaper of general circulation.

Bidders accessed the contract specifications via PlanetBids. Bids were received electronically via PlanetBids on October 10, 2025. The following is the tabulation based on the lowest to the highest bids received:

Contractors Bid Totals

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

1 All American Asphalt $3,875,774

2 Onyx Paving Co, Inc. $3,963,000

3 Toro Enterprises, Inc. $4,189,360

4 LCR Earthwork & Engineering,
Corp
$4,215,780

5 Excel Paving Co $4,258,957

6 RJ Nobel Co $4,264,148

7 Hardy & Harper, Inc. $4,335,000

8 Sully-Miller Contracting Co $4,421,000

9 RCCI Co $4,652,839

10 Calmex Engineering, Inc $4,704,913

The bid analysis was conducted to ensure that the lowest, most responsive and responsible bid met all state and local requirements. Based on the review, Staff recommend awarding All American Asphalt the agreement (Attachment A) as the lowest, most responsive and responsible bidder. The remaining bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis are included in Attachment B.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend the City Council award Agreement No. 4410 to All American Asphalt for the FY 2024-25 SB 1 Rubberized Asphalt Street Enhancement Project (CP 938) for $3,875,774. Additionally, staff is requesting $387,577 in construction contingency in the event of any unforeseen unaccounted costs, risks, events, or changes that may affect the project’s cost. It is also recommended that City Council amend the adopted Fiscal Year 2025-26 Budget by increasing appropriations by $375,774 in Account No. 220-99- 7117 (Measure R Local, Non-Departmental, Improvements Other Than Building – Paving the Way) and $387,577 to Account No. 215-99-7117 (Proposition C, Non-Departmental, Improvements Other Than Building – Paving the Way). Recommended actions include

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

City 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 - Agreement No. 4410 - All American Asphalt (CP 938)

2. Attachment B - Bid Results CP 938

P
UBLIC WORKS AGREEMENT NO. 4410

WITH ALL AMERICAN ASPHALT
T HIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on October 8, 2025, (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ALL AMERICAN ASPHALT, a California corporation (“CONTRACT OR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.” RE
CITALS
W
HEREAS, the CITY duly advertised a Notice Inviting Bids on August 14, 2025, for the FY 2024- 25 SB1 Rubberized Asphalt Street Enhancement Project – CP 938 (“PROJECT”).

W
HEREAS, on October 8, 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.

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

SECT
ION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS a
. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Add endums, 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. T
his 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. 4410

5. Special Provisions, if any

6. Addendums

7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids

SECTION 2. THE WORK

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

SECTION 3. TERM; AND TIME FOR COMPLETION

a. This Agreement shall expire June 30, 2026, from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional six (6) months upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.

SECTION 4. COMPENSATION

CONTRACTOR hereby agrees to receive and accept the total amount of Three Million, Eight Hundred Seventy -Five Thousand, Seven Hundred Seventy -Four Dollars and Thirty -Four Cents ($3,875,774.34), 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

STANDARD PUBLIC WORKS AGREEMENT NO. 4410

payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.5 0. 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. 4410

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 Ninety (90) 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. 4410

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 P ROJECT 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. 4410

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. 4410

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. 4410

SECTION 11. BONDS

a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a P erformance 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 C ITY 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. 4410

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 non- binding mediation.

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

SECTION 15. TERMINATION.

15.1. Termination for Convenience.

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

STANDARD PUBLIC WORKS AGREEMENT NO. 4410

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. 4410

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. 4410

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: All American Asphalt
Attn: Edward J. Carlson, Vice President
Address: 400 East Sixth Street
Corona, CA 92879
Phone: (951) 736-7600
Email: [email protected]
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

STANDARD PUBLIC WORKS AGREEMENT NO. 4410

Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be 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. 4410

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

ALL AMERICAN ASPHALT
(“CONTRACTOR”)

By:
________________________________
Mark Luer, President

Date:
________________________________

By:

________________________________
Edward J. Carlson, Vice 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 SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.

4. Additional Insureds.

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

5. Notice of Cancellation.

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

6. Severability Clause.

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

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

7. Qualifications of Insurer.

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

8. Approval of Insurer.

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

9. Payment of Premiums.

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

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 a greed 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 Ag reement, 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

r+MONTEBELLO
ADDENDUM NO. 2
FY 2024-25 SB 1 Rubberized Asphalt Street Enhancement Project CP 938
September 2, 2025
This notice comprises Addendum No. 2 to City of Montebello CP 938. This addendum provides the questions submitted by vendors and responses provided by the City.

Please be advised of the following:

As part of Addendum No. 2, requesting to remove all references to the following, "Creative Paving Solutions is an acceptable alternative for decorative portion of the scrambled crosswalk. o Creative Paving Solutions will layout, prep, coat, stripe, and seal approximately 4,587 sq ft of existing asphalt. Creative Paving Solutions will use GAF SB-150 and GAF Sealer Concentrate.

See specifications for reference."
This is not a part of this project.

Director of Public Works

I+MONTEBELLO
ADDENDUM NO. 1
FY 2024-25 SB 1 Rubberized Asphalt Street Enhancement Project CP 938
August 25, 2025
This notice comprises Addendum No. 1 to City of Montebello CP 938. This addendum provides the questions submitted by vendors and responses provided by the City.

Question 1. May you please provide an engineer's estimate? Response- $4,462,609.00
Question 2. What is the Engineer.s Estimate on this project? Response- $4,462,609.00
Question 3. What is the Engineer's Estimate for this project? Response- $4,462,609.00
Question 4. Will the engineer.s estimate be available?
Response-$4,462,609.00
Question 5. Is appendix 8 required for the listed subs at the time of bid submission? Response-Yes, all subs must be listed at the time of bid submission.

Question 6. Is there an engineer's estimate for this project? Response-$4,462,609.00
Question 7. Can you verify which locations have petromat on the plans? Response-The Geotechnical report does not identify any Petromat (paving fabric). please be advised of the following:

As part of Addendum No.1, there are updated plans and specifications to accommodate and align with improvements proposed in the Vail Avenue Interim Montebello At-Grade Railroad Safety Crossing Improvements plans.

To summarize, changes made include:
• Extending pavement improvements.
• Including additional utility adjustments. • Including proposed curb and gutter improvements within our project's limits to prevent slot cuts on new pavement.

MMONTEBELLO
Including new construction notes for two-coat paint for limits of the rail crossing project.

These updates resulted in minor modifications to sheets C6-C8 and C18-C19. Updated plans attached.

Increases to quantities to bid items 4, 10,19, 23, 25, 26, 27, 29 as reflected in the updated specifications on Pages C3-C4 (Attached).

Updating language in technical provision for bid item 33 on page BD39 in the updated specifications attached.

Changes made to plans are bubbled and changes made to specifications are highlighted in the attached.

Creative Paving Solutions is an acceptable alternative for decorative portion of the scrambled crosswalk.
o Creative Paving Solutions will layout, prep, coat, stripe, and seal approximately 4,587 sq ft of existing asphalt. Creative Paving Solutions will use GAF SB-150 and GAF Sealer Concentrate.

See specifications for reference.

Director of Public Works

PROPOSAL
FOR
FY 2024-2025 SBI RUBBERIZED ASPHALT STRHET ENHANCEMENT PROJECT C.P. No. 938

IN THE CITY OF MONTEBELLO
TO THE CITY OF MONTEBELLO, as AGENCY
In accordance with AGENCY'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 AGENCY 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 AGENCY 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

AGENCY 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 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.

The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the engineer. All bids will be compared on the basis of the Engineer's estimated quantities of work to be performed.

C-1

The contractor's attention is directed to both see. 7-3.5.2 "Increases of more than 25 percent" and see. 7-3.5.3 "Decreases of more than 25 percent" of the Standard Specifications which have been eliminated and are replaced by the following:

No adjustments for any unit bid price for any quantity that will vary by more than 25% will be allowed.

The bidder agrees that in case of not executing the required contract with necessary bonds within ten (10) working days, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying histher bid shall become the property of the Gty of Montebello.

The bidder also certifies that the bid is a balanced bid. In accordance with section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct.

C-2

BID PROPOSAL
FOR
FY 2024-2025 SBI RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 938

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

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

BASE BID ITEMS:

ITEM DESCRIPTION UNIT EST. UNIT EXTENDED
NO. QTY. PRICE AMOUNT
I
Mobilization/ Demobilization (Not to exceed 3% of
LS 1 S Stotal of all other prime contract Bid Items)
2 Traffic Control LS 1 S S
3 Cold Mill Existing Asphalt Concrete (AC)
SF 527,323 S SPavement (2" depth)
4 Cold Mill Existing Asphalt Concrete (AC)
SF 567F2 S SPavement (3" depth)
5 Sawcut and Remove Existing AC Pavement, Base,
CY 579 S SSubbase and Native Soil to Provide Clear Depth 6 Prune Tree Roots and Install Root Barriers EA 6 S S
7 Sawcut and Remove Existing Concrete Sidewalk SF 546 S S 8 Sawcut and Remove Existing Concrete Curb Ramp EA 1 S S 9 Sawcut and Remove Existmg Concrete Curb or
LF i= S SCurb and Gutter
10 Remove and Haul away Existing Sign, Post and its
EA 1 S SAppurtenances
11 Remove and Reconstruct Existing AC Speed Hump EA 6 S S 12 Remove and Haul away Existing Metal Traffic
EA 1 S SDevice System
C-3
100,000.00
100,000.00
155,000.00
155,000.00

0.38 200,382.74
175.00

0.57 1,180.00

5.00 2,500.00
2,500.00

35.00 600.00
600.00
5,750.00
34,500.00
220,745.04
101,325.00
7,080.00
2,730.00
6,930.00
3,300.00
3,300.00

ITEM DESCRIPTION UNIT EST. UNIT EXTHNDED
NO. QTY. PRICE AMOUNT
13 Sawcut and Remove Existing Concrete Alley SF 281 S S Intersection
14 Sawcut and Remove Existing Concrete Cross SF 1,346 S S Gutter
15 Sawcut and Remove Existing Concrete SF 809 S S
Longitudinal Gutter
16 Sawcut and Remove Existing PCC Pavement SF 17,573 S S 17 Construct Concrete Sidewalk (4"-Thick) SF 412 S S
18 Construct Concrete Curb Ramp EA 1 S S
19 Construct Concrete Curb or Curb & Gutter LF E S S
20 Construct Concrete Alley Intersection SF 564 S S
21 Construct Concrete Cross Gutter SF 2,291 S S
22 Construct Concrete Longitudinal Gutter SF 809 S S
23 Provide and Place 6"-Thick Crushed Miscellaneous CY ife S S Base (CMB)
24 Construct 2"-Thick AC Base Course TON 221 S S
25 Construct I "-Thick AC Leveling Course TON EEE S S
26 Construct 2"-Thick ARHM Overlay TON n,us S S
27 Provide and Place Paving Fabric over AC Leveling SY ill S S Course
28 Construct Concrete Pavement 8"-Thick SF 17,191 S S
29 Adjust Existing Storm Drain/ Sewer/ Utility EA E3E! S S Manhole Frames and Covers to Finished Grade
30 Adjust Existing Traffic Signal Pull Box and Cover EA 1 S S to Finished Grade, Replace Broken Coverreox
31 Construct 2" x 6" Redwood Header LF 43 S S
32 Furnish and Install Traffic Signal Loop Detectors EA 54 S S and Connect to DLC
33 Traffic Signing, Striping, Markings, House Address LS E S S and Curb Painting
34 Furnish and Install Solar Powered Reflective EA 2 S S (Flashing LED) Stop Sign
35 Traffic Signal Modification at the Intersection of LS 1 S S Via Campo and Findlay Avenue
36 Furnish and Install Public Improvement Project EA 2 S S Signs
C-4

15.00 4,215.00

15.00 20,190.00

15.00 12,135.00

5.00 87,865.00

20.00 8,240.00
10,000.00
10,000.00
100.00
18,000.00

30.00 16,920.00

30.00 25.00
100.00
245.00
130.00
130.00

3.24 12.00
1,350.00
2,350.00
2,350.00
100.00
590.00
150,000.00
150,000.00
3,200.00
6,400.00
92,000.00
92,000.00
2,000.00
4,000.00
68,730.00
20,225.00
71,500.00
54,145.00
316,290.00
1,490,970.00
101,554.56
206,292.00
175,500.00
4,300.00
31,860.00

ITHM DESCRIPTION UNIT EST. UNIT EXTENDED
NO. QTY. PRICE AMOUNT
37 Construction Survey, Staking, Re-establish Survey LS 1 S S Monuments and Centerline Ties
38 Provide Material Testing Services as Directed by LS 1 S S the Iingineer - Allowance

TOTAL AMOUNT BID IN FIGURES S

TOTAL AMOUNT BID IN WORDS
Dollars
¥ngi±#¥<'fzjr= ELbeT,reenth` , Lp
IN CASE OF DrscREPANcy BETWEEN THE wORDs AND FIGUREs, THE wORDs sllALL PREVAIL.
*Contact will be awarded to the most responsive and lowest responsible bidder based on the amouhi cohicLined in the "TOTAL AMOUNT BASE BID SCHEDULE " .

C-5
57,000.00
57,000.00
10,000.00
10,000.00
3,875,774.34

THREE MILLION EIGHT HUNDRED SEVENTY FIVE THOUSAND SEVEN HUNDRED

SEVENTY FOUR DOLLARS AND THIRTY FOUR CENTS

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. I 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 I 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 histher 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.

C-6

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

NAME, ADDRESS, LICENSE NO.,

AND PHONE NUMBER OF

SUBCONTRACTORS, SUPPLIERS,

AND VENDORS

PORTION OF WORK,
MATERIALS. OR EOUIPMENT
Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the Public Works Director.

C-7
Case Land Surveying
614 N. Eckhoff Street
Orange,CA92868
L5411
1000001533
714-628-8948
survey

DB ELECTRIC
7056 ARCHIBALD AVE SUITE 102-404
EASTAVLE, CA 92880
1010474
1000909891
951-207-2998
electrical

J&S STRIPING
1544 S VINEYARD AVE
ONTARIO, CA 91761
909-947-8073
538211
100006912
STRIPE
Rubberized Crackfiller Sealant,Inc
800 E WALNUT AVE
FULLERTON, CA 92831
714-843-5192
99887
1000010726

CRACKFILL
Smithson Electric
1938 E KATELLA AVE
ORANGE, CA 92867
714-997-9556
614518
1000001610
V&E Tree Service
2425 N BATAVIA ST
ORANGE, CA 92865
714-997-0903
654506
1000001936
LOOPS

ROOT PRUNE

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. CITY OF IRIVINE 1 CIVIC CENTER PLAZA, lRVINE,CA 92606 Name and Address of Agency
STACY DELONG 949-724-7365
Name and telephone number of person familiar with project 7,869,222.00 JAMBOREE PAVEMENT REHABILITATION 12/2024 Contract amount Type of work

2. CITYOF DUARTE 1600 HUNTINGTON DRDUARTE, CA91010 Date completed
Name and Address of Agency
BRAIN CHAU 626-357-7938
NamTe..ag8.:eel:?ohoonenumFtye2r39£jesr+°RnEfiE#`ErHxj±h+igsEtcT24-3 Contract amount Type of work Date completed

3. CITY OF NORWALK 12700 NORWALK BLVD NORWALK, CA 90650 Name and Address of Agency
GLEN W.C. KAU 562-929-5723
Name and telephone number of person familiar with project 7,869,222.00 LOCAL STREETS REHAB PROGRAM PHASE ll ZONE 19 12/2024 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:
**N/A**
C-8

2024

PAST WORK REFERENCES
Cfty of Riverside
3900 Maln St.

Riverside, CA 92522
Contact: Mark Mesen ysl) 826-5311
[email protected]
Lewis Management Corporation
1156 N. Mountain Ave.
upland, CA 91786
Contact: Daniel Cobum (909) 985-0971
Daniel.cobum®Iewismc.com
Cfty Of irwhe
1 Civie Center Phs
lrvine, CA 92606
Contact: Stacy Delong (949) 724-7365
[email protected]
Cfty Of Duarte
1600 Huntington Dr.

Duarte, CA 91010
Contact: Brian Chau (626)357-7938
[email protected]
Cfty Of Norwalk
12700 Norwalk Bivd.

Norwalk, CA 90650
Contact: Glen W.C. Kau (562) 929i723
a kau@norwalkca cov
SB-1 St. Improvement
Contract Amount: $8,965,842.76
Start Date: 4/2023
End Date: 1/2024
Haven Avenue and Fouth Street Improvements
ContractAmount:$1,338,174.90
Start Date: 6#023
End Date: 7ra024
Jamboree Pavement Rehabilitation
Contract Amount: $7,869,222.00
Start Date: 6/2023
End Date: 12/2024
FY 23-24 Street Rehabilitation
Project 24-3
ContractAmount:$1,199,199.00
Start Date: 4/2024
End Date: 12/2024
Local Streets Rehab Program Ph 11
Zone 19
Contract Amount: $7,869,222.00
Start Date: 6/2023
End Date: 12/2024

2024

PAST WORK REFERENCES
Cfty Of Montorey Park
320 W Newmark Ave.

Monterey Park, CA 91754
Contact: Anthony Bendezu (626) 307-1283
[email protected]
Lennar Hornes
4140 Temescal Canyon RD#410
Corona, CA 92883
Contact: Tom Ontiveros (951 ) 817-3595
[email protected]
Cfty Of EI Monte
11333 Vafty Bivd.

EI Monte, CA 91731
Ccontact:KevinKo(626)580-2058
Kkoenmonteca.cov.

Crty Of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Contact: Cristina Oquendo V14) 754ii015
cristi na [email protected]
Cfty Of Corona
4"S.VieentiaAve.

Corona, CA 92882
Cconfact:lsmaelRiverapel)736-2400
lsmael.Rivera@CoronacA,aov
2023-24 Street Rehabilitation Various Locations
Contract Amount: $ 1,498,887.89
Start Date: 9A2023
End Date: 12/2024
Goctz Road Improvements
Contract Amount: $1,322,050.15
Start Date: 5/2024
End Date: 12/2024
Lower Azusa RD St. Improvements
ContractAmount$2,194,194.00
Start Date: 5/2024
End Date: 12/2024
Placentia Aye. W 19th St & E 19th St. Pavement
Rehabil itation 22-08
Contract Amount: $2,745,547.20
Start Date: 2/2023
End Date: 7/2024
Citywide Street Pavement Rehabilitation Project ST-
2101-01
ContractAmount:$14,236,115.51
Start Date: 12/2023
End Date: 7/2025

2023

PAST WORK REFERENCES
Cfty Of Lama Linda
25541 Barton Road
Loma Linda, CA 92354
Manhattan Beach, CA 90266
Contact: Jarb Thaip?jr (909) 799-281 1
[email protected]
Euclid Land Venture, LLC
4450 Macarthur Blvd., Ste 100
Newport Beach, CA 92693
Contact: Scott Kendall (949) 783-5341
[email protected]
cfty Of Aife vieto
12 Journey Ste ffl 00
Aifeo Vlgiv, Va 92656
Contact: Shaun Pelletier qu9) 425-2531
sDelletier@avctw,ore
RMV Really, lnc.
28811 0rtega HW
San Juan Caplstrano, CA 92693
Contract: Jeff Fond qu9) 413-8899
iford~.con
Cfty Of Monterey Park
320 W. Newmark Avenue
Monterey Party CA 91754
Contact: Anthony Bendezu (626) 307-1283
[email protected]
Pavement Rehab. at Various Locatons
Contract Amount: $1,476,363.00
Start Date: 9/2023
End Date: 12/2023
Mem.ll Ave. Street Widening
Contract Amount: $915,915.00
Start Date: 4#022
End Date: 2/2023
FY22-23 Sluny Seal & Rehab Project
Contract Amount: $1,595,650.00
Start Date: 5/2022
End Date: 5/2023
PA 3.2A Street Improvement
Contract Amount: $ 1,244,244.00
Start Date: 4/2022
End Date: 8/2023
2023 Street Rehabilifati`on Project
Contract Amount: $6, 865,699.00
Start Date: 8/2023
End Date: 12/2023

2023

PAST WORK REFERENCES
Cfty Of Fuiferton
3303W.CommonwealthAve
Fuirm, cA 92632
Contact: Joseph Hemandez 714) 773rd049
[email protected]
Cfty Of Ontario
303 East a Street
Ontaho, CA 91764
Contact: Leonard Lui (909) 295-2401
LLuit~aov.

CrtyofRiverside
+"Mainst.

Riverside, CA 92522
Contact: Maria ljamping (951) 826-5146
mlamDino®riversideca.aov
Cftyofontario
825 East Third Street
Son Bemardino, CA 92415
Contact: Samuel E. Nicorici (909) 387-7960
bda\[email protected]
Cfty Of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Contact: Cristina Oquendo 714) 754-5015
[email protected]
Brookhurst Rd., SR91 St. Rehab
Contract Amount: se25,825.00
Start Date: 5/2023
End Date: 12/2023
2023 Fall Pavement Rehabilitation Project
Contract Amount: en,569, 222.00
Start Date: 08/2023
End Date: 11/2023
Permanent Trench Resurfacing
Contract Amount: Or55,150.00
Start Date: 1/2023
End Date: 6/2023
Chino & Montclair Area Variours Roads Overlay
Project
Contract Amount: $5,639,575.88
Start Date: 9/2022
End Date: 7/2023
Citywide Parkway Maintenance St. Rehab Sluny Seal
Project
Contract Amount. $2,828,001.50
Start Date: 1/2022
End Date: 7/2023

2022

PAST WORK REFERENCES
City of Manhattan Beach
1400 Highland Ave.

Manhattan Beach, CA 90266
Contact: Bianca Cardenas (310) 802-5357
[email protected]
RMV Really, inc.
28811 0rtnga Hwy
San Juan Capistrano, CA 92693
Comact: Ketry Haymes
kkhavmes®ranchomv.com
Cfty Of Westfake Vlhage
31200 Oak Crest Dr.

Westfake Wage, CA 91361
Contact: Roxanne Hughes (805) 890i}885
whucihes~.un
City of Burbank
275 E Olive
Burbank, CA 91502
Contact: Artin Megerdichian (818) 238-3942
[email protected]
City of Highland
27215 Base une St.

Highland, CA 92346
Contact Amanda Perez (909) 864-6861
[email protected]_E
Slurry Seal Of Central Area Of Sands Section
Confroct Amount: $730,251 .42
Start Date: 12/2021
End Date: 7/2022
Planning Area 3.1 Street Improvement
Contract Amount: se,996,996.00
Start Date: 4/2021
End Date: 4/2022
Dales Dr. and Parkridge Aye Street lmprov. Amount:
$1,025,336.00
Start Date: 5A2022
End Date: 6/2022
Local Residential St. Improv. Project
Contract Amount: $7,761,320.00
Start Date: 1/2022
End Date: 12/2022
Pavement Management Program
Contract Amount $2,082,099.00
Start Date: 10A2021
End Date: 12/2022

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

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

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

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

C-9

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

Bidder's Name All American Asphalt
Business Address: 400 East Sixth Street Corona, CA 92879 Telephone 951 -736-7600
State Contractor's License No. and Class: 267073 A,C-12 Original Date Issued 1 /19/71 Expiration Date 1 /31 /2026 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partnersj joint ventures, and/or corporate officers having a principal interest in this proposal,"N/A"
The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows:
**N/A**
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
"N/A**
C-10

1 with .the names, title,IN WITNESS WHEREOF, BIDDER executes andLiubmits this propos hands, and seals of all foreriamed principalsthis ?/_) da} o£ BIDDER All American Asphalt
202£.

Edward J Carlson, Vice President
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.
:.-:--'....`-i:-
Signature of Contractor' s Representative
Edward J Carlson
Printed Name
Vice President
Title
Please 8ap 4~Subscribed and sworn to this

NOTARY PUBLIC
C-ll

2CALIFORNIA JURAT GOV CODE § 8202 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 tuthfuiness, accuracy, or validity of that document.

State of California
County of Riverside Subscribed and sworn to (or affirmed) before me on this 20th 2025
Date Month By (1) Edward J. Carlson
NIme Of Sngner
Proved to me on the basis Of satisfactory evidence be the person who appeared before me (.) (,)
(and
(2) N/A
Name Of Signer
Proved to me on the basis of satisfactory evidence be the person who appeared before me.)

OPTIONAL
Though the information below is not required I)y law, it may prove valuable lo person relying on the document and could prevent fraudulent removal and reattachment of this fonT` to another document Further Do8cription of Any Atfachod Document
Title or Type of Document i:?dp:i:'|;f€#£t|oMnontebello Document Date, 08/20/2025 Number of pages ±en (16)
Signer(s) Other Than Named Above: N/A

Bond No. 08597423
Bid Date: 09/10/2025
Note: The standard printed bid bond form of any bonding company acceptable to the city of Montebello may be used in lieu of the following approved sample bond form, provided the security stipulations protecting the City of Montebello are not in any way reduced by use of the surety company' s printed standard form.

PROPOSAL GUARANTEE

BID BOND
FOR
FY 2024-2025 SBI RUBBERIZED ASPHALT STREET ENIIANCEMENT PROJECT C.P. No. 938

IN THE CITY OF MONTEBELLO
KNOW ALL MEN BY THESE PRESENTS that All American As
as BIDDER, and
and De osit Com as SURETY, are held and firmly
bound unto the City of Montebello, as AGENCY, in the penal sum of Ten Percent of Total Amount Bid ----- dollars ($ 10% Of Bid -.....-.-. ), which is ten percent of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly be these presents.

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals, this 19th August , 20 25
::===:::Lrtyi======:=iqund-7"Srty"as"fubAnd#haLesmffi'2#L7Austin Medina (213) 270-0600 a+etri±caH€pe:eet±s,Attorney-in-Fact
Bgb=`s-gribeda`±d='w6int-o'this
I,;----
N6TA'R¥E~UBLIC
**Please See Attached** , 20
*Pro-v-ice BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.

C-12

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEIVIENT CIVIL CODE § 1189 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 t"thfulness. accuracv. or validity of.that document.

State of California
County of Riverside
on 08/20/2025Date
pe rsonally appeared
before me, Kathrvn Marconi. Notarv Public
Hero Insert name and Title of the CIficor
Edward J. Carlson
who proved to me on the basis of satisfactory evidence to be the person(6) whose name(6) is/aFe} subscribed to the within instrument and acknowledged to me that he/sr:e,qhe`,` executed the same in his/her/their authonzed capacity(ie6), and that by his/hc:#hcir signature(6) on the instrument the person(6), or the entity upon behalf of whlch the person(6) acted, executed the instrument`
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.

OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the dcw>ument and could prevent fraudulent removal and reattachment of this fomi to another document.

Description of Attached Document
Title or Type of Document Bid Bond -City of Montebello Document Date: 08/19/2025
Signer(a) Other Than Named Above:

Capacity(ice) Clalmed by Signer(®)
Signer's Name:

D lndividual
Number of Pages:

Rebecca Haas-Bates (Attorney in Fact)
One (1)
Edward J. Carlson Signer's Name:

I Individual

cAL[FORI\ilA AI.I-puRposE AcienowLEDGwiENT clviL CODE § 1 189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the clocument to which this certificate is attached, and not the truthfulness, accuracy, or validity Of that document.

State of California
Courty of Orange
On 08/19#025
tfate
personally appeared
before me,
Rebecca Haas-Bates
L. Gomez, Notary Public
Here Insert Name and Tiltle of the Officer
Nametsfrof Signer"
who proved to me on the basis of satisfactory evidence to be the persont3} whose nameQ} isfare 3:b;::#t:u:#:ri:ttg,:a,pn::;tuymg:aannddt::tkB;w#gefELT;:nt:tautre#ne#ns:i::uet:tdtht:epesras::ttor the entity upon behalf of which the person® acted, executed the instrument.

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

I:;;:.:3 ..i........ :` .' ...... ;
place Notary Seal Above
WITNESS my hand and official seal.

Signature
oFmoNAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended dooument.

Description of Attached Document
Title or Type of Document: Bid Bond
Number of Pages; One(I) Signer(s) Other Than Capacity(ies) claimed by Signer(s)
Signer's Name: J±Lebecca Haas-Bates _ I Corporate Officer - Title(s):

I partner -I Limited I General
I Individual Ga Attorney in Fact
I Trustee I Guardian or conservator
H Other:

Signer ls F]epresenting:
and De osit Com
Document Date: 08/19/2025
Named Above: All American Asphalt
Sjg ner's Name:

I Corporate Officer - Title(s): _
I partner -I Limited I General
I Individual I Attorney in Fact
I Trustee I Guardian or conservator
I Other:

Signer ls Bepresentjng:
©2014 National Notary Association . www.NationalNotary.org .1-800-US NOTABY (1 -800-876-6827) Item #5907

EXTRACT FROM BY-LAWS OF TllE COMPANIES
"Article V, Section 8, Attome`rs-in-Fact. The Chief Executive Officer, the President, or any Execuuve Vice President or Vice President may. by wTitten instrument under the attested cori>orate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulatlons, undertakings, or other like instniments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to amx the corporate seal thereto; and may with or without cause modif;r of revoke any such appointment or authority at any tlme."

CERTIFICATE
I the undersigned, Vice President of the ZURICII AMERICAN INSURANCE COMPANY, the COLONIAL A.MERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do fu.ther certify that Article V, Section 8, of the By-Laws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Dlrectors of the ZURICII AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th dy of December 1998.

RESOLVED. "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretny and the Seal of the Company may be amxed by facsimife on any Power of Attomey„.Any such Power or any certificate thereofbcaring such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed dy facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May,1994, and the following resolution of the Boai.d of Directors Of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May,1990.

REsOLVED: "That the facsimile or mechanically reproduced seal of the compar`)r and facsimile or mechanica.Ily reproduced signatue of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upor` a cerdfied copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same fore and effect as though manually affixed,
IN TESTIMONY WHEREOF,I ha`re hereunto subscnbed my name and affixed the corporate seals of the said Companies, this j2| day of August
Mary Jean Pethick
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL 0N THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
I 299 Zurich Way
Schaumburg, lL 60196-1056
[email protected]
800-626-4577
Authenticity or this bond can be confirmed at bondvalidator.zurichna.com or 410-559i!790

BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
FOR
FY 2024-2025 SBI RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 938
lN THE CITY OF MONTEBELLO
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
Yes NoX
If the answer is yes, explain the circumstances in the space provided. "N/A**
C-13

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

PROPOSAL GUARANTEE

CASH, CASHIER'S CHECK, OR CERTIFIED CHECK
FOR
FY 2024-2025 SBI RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT C.P. No. 938

IN THE CITY OF MONTEBELLO
Accompanying this proposal is a certified check, a cashier's check, or bidder's bond payable to the order of the City of Montebello, or cash in the amount of 10% bidders bond
Dollars
The proceeds of the same shall become the property of said City if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract, with and furnish the insurance and bonds required by the City of Montebello within the specified time; otherwise, the same is to be returned to the undersigned as set forth in the Instructions to Bidders.

All American Asphalt
Bidder
C-14

Item No. Description Quantities Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 Mobilization/ Demobilization (Not to
exceed 3% of total of all other prime
contract Bid Items
) 1L S $100,000.00 $100,000.00 $82,000.00 $82,000.00 $60,000.00 $60,000.00 $100,000.00 $100,000.00 $98,000.00 $98,000.00 $115,000.00 $115,000.00 $100,000.00 $100,000.00 $120,000.00 $120,000.00 $130,000.00 $130,000.00 $138,900.00 $138,900.00 2 Traffic Control 1L S $155,000.00 $155,000.00 $333,000.00 $333,000.00 $285,000.00 $285,000.00 $200,000.00 $200,000.00 $437,689.00 $437,689.00 $160,000.00 $160,000.00 $296,411.20 $296,411.20 $493,990.92 $493,990.92 $72,600.00 $72,600.00 $310,000.00 $310,000.00 3 Cold Mill Existing Asphalt Concrete (AC)
Pavement (2” depth) 527323 SF $0.38 $200,382.74 $0.33 $174,016.59 $0.47 $247,841.81 $0.35 $184,563.05 $0.45 $237,295.35 $0.46 $242,568.58 $0.40 $210,929.20 $0.43 $226,748.89 $0.55 $290,027.65 $0.35 $184,563.05 4 Cold Mill Existing Asphalt Concrete (AC)
Pavement (3” depth) 387,272 SF $0.57 $220,745.04 $0.44 $170,399.68 $0.66 $255,599.52 $0.45 $174,272.40 $0.65 $251,726.80 $0.42 $162,654.24 $0.55 $212,999.60 $0.52 $201,381.44 $0.65 $251,726.80 $0.53 $205,254.16 5 Sawcut and Remove Existing AC
Pavement, Base,
Subbase and Native Soil to Provide Clear
Depth 579 CY $175.00 $101,325.00 $111.00 $64,269.00 $140.00 $81,060.00 $85.00 $49,215.00 $129.00 $74,691.00 $275.00 $159,225.00 $135.00 $78,165.00 $200.00 $115,800.00 $1.50 $868.50 $86.00 $49,794.00 6 Prune Tree Roots and Install Root
Barrier
s 6E A $1,180.00 $7,080.00 $1,444.00 $8,664.00 $1,220.00 $7,320.00 $2,000.00 $12,000.00 $1,200.00 $7,200.00 $1,200.00 $7,200.00 $1,300.00 $7,800.00 $1,200.00 $7,200.00 $15,000.00 $90,000.00 $1,220.00 $7,320.00 7 Sawcut and Remove Existing Concrete
Sidewalk 546 SF $5.00 $2,730.00 $5.55 $3,030.30 $5.05 $2,757.30 $5.00 $2,730.00 $4.00 $2,184.00 $4.15 $2,265.90 $6.00 $3,276.00 $28.00 $15,288.00 $2.50 $1,365.00 $11.00 $6,006.00 8 Sawcut and Remove Existing Concrete
Curb Ramp 1E A $2,500.00 $2,500.00 $3,693.00 $3,693.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 $500.00 $500.00 $2,400.00 $2,400.00 $3,000.00 $3,000.00 $15,000.00 $15,000.00 $1,500.00 $1,500.00 $6,465.00 $6,465.00 9 Sawcut and Remove Existing Concrete
Curb or
Curb and Gutter 198 LF $35.00 $6,930.00 $37.00 $7,326.00 $50.00 $9,900.00 $20.00 $3,960.00 $34.00 $6,732.00 $52.00 $10,296.00 $50.00 $9,900.00 $95.00 $18,810.00 $30.00 $5,940.00 $32.00 $6,336.00 10 Remove and Haul away Existing Sign,
Post and its
Appurtenances 1E A $600.00 $600.00 $1,111.00 $1,111.00 $130.00 $130.00 $2,000.00 $2,000.00 $600.00 $600.00 $700.00 $700.00 $500.00 $500.00 $56.00 $56.00 $550.00 $550.00 $392.00 $392.00 11 Remove and Reconstruct Existing AC
Speed Hump 6E A $5,750.00 $34,500.00 $4,800.00 $28,800.00 $1,655.00 $9,930.00 $3,000.00 $18,000.00 $3,000.00 $18,000.00 $4,500.00 $27,000.00 $6,500.00 $39,000.00 $3,000.00 $18,000.00 $550.00 $550.00 $5,850.00 $35,100.00 12 Remove and Haul away Existing Metal
Traffic
Device S
ystem 1E A $3,300.00 $3,300.00 $6,000.00 $6,000.00 $7,000.00 $7,000.00 $2,500.00 $2,500.00 $1,900.00 $1,900.00 $18,000.00 $18,000.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $550.00 $550.00 $3,450.00 $3,450.00 13 Sawcut and Remove Existing Concrete
Alley
Intersection 281 SF $15.00 $4,215.00 $9.00 $2,529.00 $10.00 $2,810.00 $10.00 $2,810.00 $11.00 $3,091.00 $13.50 $3,793.50 $20.00 $5,620.00 $13.00 $3,653.00 $2.50 $702.50 $23.00 $6,463.00 14 Sawcut and Remove Existing Concrete
Cross
Gutte
r 1346 SF $15.00 $20,190.00 $11.00 $14,806.00 $10.00 $13,460.00 $10.00 $13,460.00 $13.00 $17,498.00 $16.50 $22,209.00 $20.00 $26,920.00 $11.00 $14,806.00 $2.50 $3,365.00 $19.00 $25,574.00 15 Sawcut and Remove Existing Concrete
Lon
gitudinal Gutter 809 SF $15.00 $12,135.00 $13.00 $10,517.00 $10.00 $8,090.00 $10.00 $8,090.00 $14.00 $11,326.00 $16.50 $13,348.50 $20.00 $16,180.00 $5.25 $4,247.25 $2.50 $2,022.50 $15.00 $12,135.00 16 Sawcut and Remove Existing PCC
Pavemen
t 17,573 SF $5.00 $87,865.00 $6.00 $105,438.00 $5.50 $96,651.50 $10.00 $175,730.00 $8.00 $140,584.00 $7.25 $127,404.25 $10.00 $175,730.00 $3.25 $57,112.25 $2.50 $43,932.50 $8.40 $147,613.20 17 Construct Concrete Sidewalk (4”-Thick) 412 SF $20.00 $8,240.00 $13.00 $5,356.00 $8.10 $3,337.20 $12.00 $4,944.00 $12.00 $4,944.00 $9.50 $3,914.00 $10.00 $4,120.00 $38.00 $15,656.00 $25.00 $2,500.00 $25.00 $10,300.00 18 Construct Concrete Curb Ramp 1E A $10,000.00 $10,000.00 $6,369.00 $6,369.00 $3,000.00 $3,000.00 $6,000.00 $6,000.00 $7,000.00 $7,000.00 $7,500.00 $7,500.00 $6,000.00 $6,000.00 $18,000.00 $18,000.00 $2,500.00 $2,500.00 $8,570.00 $8,570.00 19 Construct Concrete Curb or Curb & Gutter 180 LF $100.00 $18,000.00 $82.00 $14,760.00 $68.00 $12,240.00 $65.00 $11,700.00 $89.00 $16,020.00 $72.00 $12,960.00 $100.00 $18,000.00 $95.00 $17,100.00 $38.00 $6,840.00 $46.00 $8,280.00 20 Construct Concrete Alle y Intersection 564 SF $30.00 $16,920.00 $22.00 $12,408.00 $15.00 $8,460.00 $15.00 $8,460.00 $18.00 $10,152.00 $19.00 $10,716.00 $15.00 $8,460.00 $26.00 $14,664.00 $25.00 $14,100.00 $25.00 $14,100.00 21 Construct Concrete Cross Gutte r 2291 SF $30.00 $68,730.00 $24.00 $54,984.00 $23.00 $52,693.00 $15.00 $34,365.00 $19.00 $43,529.00 $28.00 $64,148.00 $20.00 $45,820.00 $18.00 $41,238.00 $25.00 $57,275.00 $17.00 $38,947.00 22 Construct Concrete Longitudinal Gutter 809 SF $25.00 $20,225.00 $28.00 $22,652.00 $24.00 $19,416.00 $15.00 $12,135.00 $18.00 $14,562.00 $19.00 $15,371.00 $20.00 $16,180.00 $12.00 $9,708.00 $25.00 $20,225.00 $19.00 $15,371.00 23 Provide and Place 6”-Thick Crushed
Miscellaneous
Base
(CMB) 715 CY $100.00 $71,500.00 $82.00 $58,630.00 $145.00 $103,675.00 $85.00 $60,775.00 $162.00 $115,830.00 $110.00 $78,650.00 $130.00 $92,950.00 $88.00 $62,920.00 $50.00 $35,750.00 $247.00 $176,605.00 24 Construct 2”-Thick AC Base Course 221 TON $245.00 $54,145.00 $282.00 $62,322.00 $135.00 $29,835.00 $220.00 $48,620.00 $300.00 $66,300.00 $230.00 $50,830.00 $300.00 $66,300.00 $650.00 $143,650.00 $180.00 $39,780.00 $470.00 $103,870.00 25 Construct 1”-Thick AC Leveling Course 2433 TON $130.00 $316,290.00 $123.00 $299,259.00 $144.00 $350,352.00 $140.00 $340,620.00 $126.00 $306,558.00 $150.00 $364,950.00 $150.00 $364,950.00 $125.00 $304,125.00 $170.00 $413,610.00 $141.00 $343,053.00 26 Construct 2”-Thick ARHM Overla y 11469 TON $130.00 $1,490,970.00 $128.00 $1,468,032.00 $140.00 $1,605,660.00 $135.00 $1,548,315.00 $132.00 $1,513,908.00 $150.00 $1,720,350.00 $135.00 $1,548,315.00 $140.00 $1,605,660.00 $155.00 $1,777,695.00 $141.00 $1,617,129.00 27 Provide and Place Paving Fabric over AC
Leveling
Course 31344 SY $3.24 $101,554.56 $3.69 $115,659.36 $3.80 $119,107.20 $4.00 $125,376.00 $3.25 $101,868.00 $3.40 $106,569.60 $3.25 $101,868.00 $5.00 $156,720.00 $7.00 $219,408.00 $3.50 $109,704.00 28 Construct Concrete Pavement 8”-Thick 17191 SF $12.00 $206,292.00 $13.00 $223,483.00 $10.00 $171,910.00 $15.00 $257,865.00 $9.00 $154,719.00 $10.25 $176,207.75 $16.00 $275,056.00 $6.75 $116,039.25 $26.00 $446,966.00 $32.00 $550,112.00 29 Adjust Existing Storm Drain/ Sewer/
Utility
Manhole Frames and Covers to Finished
Grade 130 EA $1,350.00 $175,500.00 $1,369.00 $177,970.00 $1,400.00 $182,000.00 $1,100.00 $143,000.00 $1,300.00 $169,000.00 $1,300.00 $169,000.00 $1,400.00 $182,000.00 $1,800.00 $234,000.00 $870.00 $113,100.00 $1,360.00 $176,800.00 30 Adjust Existing Traffic Signal Pull Box
and Cover
to Finished Grade, Replace Broken
Cover/Bo
x 1E A $2,350.00 $2,350.00 $3,333.00 $3,333.00 $1,510.00 $1,510.00 $2,700.00 $2,700.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 $1,800.00 $1,800.00 $1,600.00 $1,600.00 $2,445.00 $2,445.00 31 Construct 2” x 6” Redwood Heade r 43 LF $100.00 $4,300.00 $28.00 $1,204.00 $25.00 $1,075.00 $25.00 $1,075.00 $10.00 $430.00 $19.00 $817.00 $50.00 $2,150.00 $28.00 $1,204.00 $30.00 $1,290.00 $24.00 $1,032.00 32 Furnish and Install Traffic Signal Loop
Detectors
and Connect to DLC 54 EA $590.00 $31,860.00 $639.00 $34,506.00 $610.00 $32,940.00 $750.00 $40,500.00 $580.00 $31,320.00 $600.00 $32,400.00 $600.00 $32,400.00 $693.00 $37,422.00 $750.00 $40,500.00 $670.00 $36,180.00 33 Traffic Signing, Striping, Markings, House
Address
and Curb Paintin
g 1L S $150,000.00 $150,000.00 $163,000.00 $163,000.00 $155,000.00 $155,000.00 $306,000.00 $306,000.00 $152,000.00 $152,000.00 $155,000.00 $155,000.00 $150,000.00 $150,000.00 $165,000.00 $165,000.00 $305,000.00 $305,000.00 $174,000.00 $174,000.00 34 Furnish and Install Solar Powered
Reflective
(Flashing LED) Stop Sign 2E A $3,200.00 $6,400.00 $4,200.00 $8,400.00 $4,700.00 $9,400.00 $5,500.00 $11,000.00 $3,200.00 $6,400.00 $3,300.00 $6,600.00 $5,000.00 $10,000.00 $2,000.00 $4,000.00 $4,500.00 $9,000.00 $2,125.00 $4,250.00 35 Traffic Signal Modification at the
Intersection of
Via Campo and Findlay Avenue 1L S $92,000.00 $92,000.00 $111,000.00 $111,000.00 $165,000.00 $165,000.00 $170,000.00 $170,000.00 $165,000.00 $165,000.00 $140,000.00 $140,000.00 $150,000.00 $150,000.00 $100,000.00 $100,000.00 $158,000.00 $158,000.00 $96,800.00 $96,800.00 36 Furnish and Install Public Improvement
Project
Si
gns 2E A $2,000.00 $4,000.00 $2,800.00 $5,600.00 $1,100.00 $2,200.00 $3,000.00 $6,000.00 $950.00 $1,900.00 $800.00 $1,600.00 $3,500.00 $7,000.00 $8,000.00 $16,000.00 $3,500.00 $7,000.00 $850.00 $1,700.00 37 Construction Survey, Staking, Re-
establish Survey
Monuments and Centerline Ties 1L S $57,000.00 $57,000.00 $63,000.00 $63,000.00 $60,500.00 $60,500.00 $65,000.00 $65,000.00 $57,000.00 $57,000.00 $60,000.00 $60,000.00 $50,000.00 $50,000.00 $30,000.00 $30,000.00 $75,000.00 $75,000.00 $60,300.00 $60,300.00 38 Provide Material Testing Services as
Directed by
the En
gineer - Allowance 1L S $10,000.00 $10,000.00 $35,473.07 $35,473.07 $10,000.00 $10,000.00 $60,000.00 $60,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $3,875,774.34 $3,963,000.00 $4,189,360.53 $4,215,780.45 $4,258,957.15 $4,264,148.32 $4,335,000.00 $4,421,000.00 $4,652,839.45 $4,704,913.41 Calmex Engineering, IncRCCI Co
Attachment B - Bid Results
FY 2024-2025 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT CP 938 All American Aspalt Onyx Paving Co, Inc. Toro Enterprises, Inc. LCR Earthwork & Engineering, Corp TOTALS
Excel Paving Co RJ Nobel Co Hardy & Harper, Inc. Sully-Miller Contracting Co Attachment B

ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: ACCEPTANCE OF THE PLAZA DRIVE PAVEMENT REHABILITATION PROJECT (CP 917) – NOTICE OF COMPLETION

DATE: October 8, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Accept the Plaza Drive Pavement Rehabilitation Project (CP 917) by All American Asphalt; and

2. Approve the final contract amount with All American Asphalt in the amount of $354,181 including change orders; and

3. Approve the Final Total Project Budget (Attachment A); and

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

5. Authorize the release of the retention payment of $17,709 due to All American Asphalt following the mandatory waiting period from the date the Notice of Completion is recorded; and

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

FISCAL IMPACT:

The final project budget, as detailed in Attachment A, indicated that the City Council previously approved $456,446 — including a 10% construction contingency for change orders — for the Plaza Drive Pavement Rehabilitation Project (CP 917). Additionally, Attachment A shows total expenses for the project amounting to $354,181. This leaves a remaining balance of $102,265 in Proposition C Local Return Funds, which is available for reprogramming for other Capital Improvement Program (CIP) projects.

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

BACKGROUND/DISCUSSION:

On May 14, 2025, the City Council approved an agreement for $414,951 with All American Asphalt for the Plaza Drive Pavement Rehabilitation Project (CP 917).

Additionally, the city Council authorized the Director of Public Works to review and approve change orders within a 10% contingency amount of $41,495, bringing the total not-to-exceed project budget to $456,446. This project utilized Proposition C Local Return Funds.

This project rehabilitated the asphalt pavement on Plaza Drive between Montebello Boulevard and San Gabriel Boulevard due to its severe deterioration and critical role as a primary ingress and egress route for the Montebello Town Center and various bus routes. The project enhances transportation infrastructure and improves Americans with Disabilities Act (ADA) compliance. These efforts seek to improve the quality and safety of Plaza Drive for residents and commuters.

On August 21, 2025, the City secured an extended warranty letter (Attachment C) after All American Asphalt received a failed test result on the asphalt concrete during the material testing process. Although the material is expected to perform as intended under normal wear and tear, the warranty letter ensures that the contractor will provide necessary remediation if the material fails within two years.

The project was deemed substantially complete on October 8, 2025. Transtech, the engineering firm responsible for oversight and inspections, submitted inspection reports confirming that the work was completed satisfactorily and in full compliance with the contract specifications.

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

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff is recommending that the City Council accept the Project as completed, approve the final Project budget and expenditures (Attachment A), including change orders, authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

B) with the Los Angeles County Registrar-Recorder and authorize the City Manager to release the retention payment due to All American Asphalt following the mandatory waiting period from the date the Notice of Completion is recorded.

ATTACHMENT(S)

1. Attachment A - Final Total Project Budget (CP 917)

2. Attachment B - Notice of Completion

3. Attachment C - Asphalt Concrete Extended Warranty

Project Expenses Final Cost
Invoice #1 (Includes Partial of Change Order #1) 307,126.32$ Invoice #2 (Includes Partial of Change Change Order #1 & Changer Order #2) 29,345.50$ Retention Invoice 17,709.04$
Change Order #1 62,570.34$
Change Order #2 $ 1,800.00
Total Project Cost: 354,180.86$
Project Funding Budget Amount
Awarded Construction Contract Amount (Awarded at the May 14, 2025 City Council Meeting) 414,951.00$
Awarded Construction Contingency Amount (Awarded at the May 14, 2025 City Council Meeting) 41,495.00$
Total Project Budget: 456,446.00$

Project Remaining Balance 102,265.14$
Notes: The project was completed $102,265.14 under budget and this amount will be made available for re-programming.

PLAZA DRIVE PAVEMENT REHABILITION PROJECT (CP 917)

TOTAL PROJECT BUDGET EXPENDITURES
Attachment A

RECORDING REQUESTED BY
C

ITY OF MONTEBELLO

AND WHEN RECORDED MAIL TO

NAME CITY OF MONTEBELLO

CITY CLERK
STREET 1600 W Beverly Blvd.

ADDRESS
CITY M ontebello,

STATE CA
ZIP 90640

SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________

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

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

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

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

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

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

NAMES ADDRESSES
___ ____________________________________________________________________________________________

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

NAMES ADDRESSES
___ _________________________________________________________________________________________

7. A work of improvement on the property hereinafter described was completed on October 8, 2025. The general scope of work consisted of enhancements to the transportation infrastructure and improves the path of travel in compliance with the American Disabilities Act (ADA).

8. T
he name of the contractor, if any, for such work of improvement was All American Asphalt.

May 14, 2025
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Plaza Drive Pavement Rehabilitation Project CP 917 Director of Public Works / City of Montebello___
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

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

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

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

DO NOT RECORD
R

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

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

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

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

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

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

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

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

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

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

rschwartz
8/21/2025
City of Montebello
Re: Asphalt Concrete Extended Warranty
Plaza Drive Pavement Rehabilitation Project
All American Asphalt is in receipt of the failed test result for ARHM shipped and placed on the above referenced project; 7/27/2025.

In lieu of remedial action, the following proposal has been offered and accepted by the City of Montebello;
Extend the normal one-year warranty for an additional one year. This extended warranty shall cover any failures to the pavement during the warranty period that can be attributed to substandard ARHM. This warranty will ensure to The City that the material in question will function as intended under normal levels of wear and tear without noticeable defects.

All material testing within the two year warranty shall be the paid by the contractor for any dispute arising from the failed test. The material testing lab shall be independent of the contractor and mutually agreed upon by the City and contractor. The results of the material testing by the independent lab shall be final and the contractor shall abide by the lab recommendation for remediation should it be necessary Sincerely,
Robert S. Schwartz
Technical Services Manager
All American Asphalt
Attachment C

ITEM # 16

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE BLANKET PURCHASE ORDER WITH THE HOME DEPOT

FOR THE PURCHASE OF MAINTENANCE, REPAIR, OPERATING AND

INDUSTRIAL SUPPLIES AND RELATED PRODUCTS AND SERVICES

DATE: October 8, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve a blanket purchase order with The Home Depot for $100,000 for the purchase of maintenance, repair, operating and industrial supplies and related products and services for Fiscal Year 2025-26; and

2. Approve issuance of a blanket purchase order to The Home Depot through the use of Omnia Partners cooperative agreement (Attachment A) as allowed by Montebello Municipal Code Chapter 3.20.050(F) – Cooperative Purchases; and

3. Authorize the City Manager to increase the not-to-exceed amount by $50,000 (up to $150,000) as needed for Fiscal Year 2025-26; and

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

FISCAL IMPACT:

Funding for the purchases made through the proposed blanket purchase order will be drawn from existing, budgeted appropriations within the operating budgets of the various departments utilizing the contract. No additional appropriations are being requested at this time.

The blanket purchase order will be established with an initial not-to-exceed amount of $100,000 for Fiscal Year 2025-26, with the option to increase the total amount up to $150,000 if necessary. This flexibility is intended to ensure all departments wishing to participate in the blanket purchase order have adequate purchasing capacity without concern of prematurely reaching the expenditure limit. Each department will be

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

responsible for managing its own spending under the blanket purchase order to ensure compliance with approved budget allocations.

The BPO will be executed using the OMNIA Partners cooperative purchasing agreement (Attachment A) as allowed by Municipal Code Section 3.20.050(F). The City of Montebello is authorized to utilize cooperative governmental purchase programs for the acquisition of goods and/or services, provided certain conditions are met. In accordance with the City of Montebello Municipal Code Section 3.20.050(F), the procurement of these materials is exempt from the standard bidding procedure under the following exception:

“Cooperative Purchase – Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program. Pricing shall be the same or better than the pricing contained in the cooperative purchase agreement. For the purpose of this Section, the term “cooperative governmental purchase program” means any combination between the city and any other public agency or public agencies for the joint purchase of goods and/or services.”

BACKGROUND/DISCUSSION:

The City has an ongoing need for a wide range of supplies carried by The Home Depot, including maintenance, repair, and operational items. Currently, multiple departments make individual purchases using procurement cards (P-cards), which can be difficult to track and reconcile across various budgets and accounts. Establishing a blanket purchase order will centralize and streamline the purchasing process, improve expenditure tracking, and reduce administrative burden.

OMNIA Partners is a national cooperative purchasing organization that offers competitively bid contracts to public agencies, enabling them to benefit from pre- negotiated pricing and terms. The Home Depot is an awarded vendor under the OMNIA cooperative agreement, offering cost savings and administrative efficiencies (Attachment A). Utilizing the OMNIA cooperative agreement allows the City to bypass the formal bid process while remaining compliant with public procurement regulations.

Additionally, The Home Depot has convenient local retail locations, which is a significant operational advantage for City departments. Staff can make in-person purchases quickly, reducing downtime when supplies are needed for time-sensitive repairs, emergency response, or ongoing maintenance projects. The ability to source materials locally allows crews to remain on task without waiting for deliveries or coordinating with multiple vendors. This is especially beneficial for field staff who may require specific tools, hardware, or materials during the course of a project. The combination of convenience, product availability, and competitive pricing makes The Home Depot a practical and strategic vendor for the City’s ongoing supply needs.

CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 8, 2025

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The growth of maintenance, repair, and operational supply needs city-wide have led to the request of a blanket purchase order with The Home Depot. The Home Depot currently has an OMNIA Partners cooperative agreement (Attachment A) which the City can utilize to bypass the solicitation process as allowed by Municipal Code Section 3.20.050(F) -- Cooperative Purchase. Approval of the blanket purchase order will streamline the procurement of various supplies required by multiple City departments, promoting operational efficiency and cost-effectiveness.

ATTACHMENT(S)

1. Attachment A - OMNIA Partners Cooperative Agreement

2. Attachment B - OMNIA Partners Cooperative Agreement Amendment No. 1

C

ITY OF MONTEBELLO
AG
REEMENT NO. 4412 – PROFESSIONAL SERVICES AGREEMENT WITH HOME DEPOT U.S.A., INC.

Attachment A

SERIA
L 16154 RFP MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL

SUPPLIES, AND RELATED PRODUCTS AND SERVICES
(U.S. Communities) Contract - Home Depot U.S.A., Inc.

DAT
E OF LAST REVISION: November 21, 2019 CONTRACT END DATE: December 31, 2026 CONTRACT PERIOD THROUGH DECEMBER 31, 2021 2026
TO: All D
epartments
FROM
: Office of Procurement Services
SUBJ
ECT: Contract for MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL

SUPPLIES, AND RELATED PRODUCTS AND SERVICES
Att
ached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 11, 2017 (Eff. 02/01/17).

All
purchases of products and/or services li sted on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.

The contract period is indicated above.

SA/mm
A
ttach
Copy
to: Office of Procurement Services
Erick Blue, Facilities Management
Beth Cressman, Facilities Management

CONTRACT PURSUANT TO RFP

SERIAL 16154-RFP

This Contract is entered into this 11th day of January, 2017 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Home Depot U.S.A., Inc., a Delaware corporation (“Contractor”) for the purchase of Maintenance Repair and Operating Supplies and Services.

1.0 CONTRACT TERM:

1.1 This Contract is for a term of Five (5) years, beginning on the 1st day of February, 2017 and ending the 31st day of December, 2021 2026.

1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of five (5) additional years, (or at the County’s sole discretion, extend the contract on a month -to-month bases fo r a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term , or any additional term thereafter.

1.3 CONTRACT COMPLETION:

The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement

2.0 FEE ADJUSTMENTS:

2.1 Any request for a fee or rebate offering adjustment must be submitted sixty (60) days prior to the current Contract expiration. Re quests for adjustment in cost of labor and/or materials not identified in the awarded proposal must be supported by appropriate documentation. If County agrees to the adjusted fee or rebate offering , County shall issue written approval of the change.

The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey if the offering was awarded on a fixed price basis.

3.0 PAYMENTS:

3.1 As consideration for performance of the duties described herein, County shall pay Contractor the prices based on the discounts stated in Exhibit “A.” or Task Order.

3.2 For non- procurement card transactions, Payment shall be made upon the County’s receipt of a properly completed invoice.

SERIAL 16154-RFP

3.3 INVOICES (NON-PROCUREMENT CARD TRANSACTIONS):

3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide access to the following information:

• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number or
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (number of days or weeks)
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Arrival and completion time (if applicable)
• Total Amount Due

3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.

3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx).

3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).

3.3.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.

3.3.6 Invoices are required to contain access to the following information: (Maricopa County Facilities Management)

• Company name, address and contact
• County bill-to name and contact information
• Building Name and Building Number
• Contract Serial Number or
• County purchase order number
• Maximo (FMD) service call number
• Invoice number and date
• Date of service or delivery
• Description of Purchase (services performed)
• Pricing per unit of purchase
• Extended price
• Arrival and completion time
• Total Amount Due

SERIAL 16154-RFP

3.3.7 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).

3.3.8 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.

3.3.9 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx
).

3.3.10 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance de livery capabilities with their designated financial institution for access to those details.

3.4 PAYMENT RETENTION: (By Task Order/Project if required)

3.4.1 Ten percent (10%) of monies paid for Project Management and Project Labor earned by CONTRACTOR related to work under this agreement may be retained by COUNTY until Final Completion of the services if mutually agreed to for a specific project .

COUNTY may elect to release specific retention payments based on mutually agreed milestones, but in no case shall reten tion be released prior to Final Completion. All other payment terms and conditions shall not be affected by the retention. In the event of termination or cancellation of this contract by County through no fault of CONTRACTOR, CONTRACTOR shall be entitled to the refund of any funds in the retention account.

3.4.2 The CONTRACTOR shall have the right, pursuant to Arizona Revised Statues, to submit securities in lieu of retention for all work completed. The CONTRACTOR is required to request this option at least ten (10) business days prior to submission of first Application for Payment to allow time for preparation of forms. The CONTRACTOR shall request and obtain securities forms through COUNTY. The COUNTY must identify either securities option or retention option prior to first Application for Payment.

3.5 APPLICABLE TAXES:

3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices.

3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.

3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor.

Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemploym ent compensation insurance, Social Security and Worker’s Compensation.

SERIAL 16154-RFP

3.6 TAX: (SERVICES)

No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price.

No tax shall b e invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price.

3.7 TAX (COMMODITIES):

Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.

Tax shall not be invoiced against Contractor’s labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.

3.8 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):

3.8.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K -12 unified school districts. Under the $AVE Cooperative Purchasing Agreement , and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please so state in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal.

3.9 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)

3.9.1 County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract.

Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract

3.10 VOLUNTARY EMPLOYEE DISCOUNTS

3.10.1 Vendors may volun tarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation.

3.10.2 Any di scount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee are a matter between the vendor and the employee.

If a discount is offered, the terms will be announced to County employees.

4.0 AVAILABILITY OF FUNDS:

4.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds.

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4.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least te n (10) days in advance.

5.0 DUTIES:

5.1 The Contractor shall perform all duties stated in Exhibit “B” , Task Order or as otherwise directed in writing by the Procurement Officer.

6.0 TERMS and CONDITIONS:

6.1 INDEMNIFICATION AND LIMITATION OF LIABILITY:

To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligence or willful misconduct relating to the performance of this Contract.

Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction o f tangible property, including loss of use resulting there from, caused by gross negligence or willful misconduct in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.

The amount and type of insurance coverage requi rements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.

The scope of this indemnification does not extend to the sole negligence of County.

CONTRACTOR WILL NOT BE LIABLE TO COUNTY FOR CONSEQUENTIAL D AMAGES,

INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL,

PUNITIVE, LIQUIDATED, EXEMPLARY, MORAL, OR CONSEQUENTIAL DAMAGES,

EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT.

6.2 INSURANCE.

6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rati ng of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The f orm of any insurance policies and forms must be acceptable to County.

6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily

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completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract.

6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it.

6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies.

6.2.5 The insurance policies may provide coverage that contains deductibles or self -insured retentions. Such deductible and/or self -insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self -insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self -insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

6.2.6 Notwithstanding anything to the contrary contained herein, CONTRACTOR shall have the right to self -insure part or all of any of the insurance it is required to maintain hereunder in its sole discretion so long as CONTRACTOR maintains a net worth of not less than One Hundred Million ($100,000,000) Dollars. Such net worth shall be documented to COUNTY and COUNTY shall be advised in writing in the event such net worth requirement is not met. In the event that CONTRACTOR elects to self-insure all or any part of any risk that would be insured under the policies and limits described herein, and an event occurs where insurance proceeds would have been available but for the election to self -insure, CONTRACTOR shall make funds available to the same extent that they would have been available had such insurance policy been carried, unless specifically provided to the contrary herein.

6.2.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of tran sfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service.

6.2.8 Commercial General Liability.

Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.

The policy shall include coverag e for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.

6.2.9 Automobile Liability.

Commercial/Business Automobile Liability insurance and, if necessary , Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non -owned vehicles assigned to or used in performance o f the Contractor’s work or services or use or maintenance of the Premises under this Contract.

6.2.10 Workers’ Compensation.

Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract ; and Employer’s Liability insurance of not less than

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$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.

Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor , its contractors and its subcontractors pursuant to this Contract.

6.2.11 Errors and Omissions (Professional Liability) Insurance.

Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions or professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for each claim.

6.2.12 Builder’s Risk (Property) Insurance.

CONTRACTOR shall purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella insurance in the amount of the initial Contract amount as well as subsequent modifications thereto for the entire work at the site. Such Builders’ Risk insurance shall be maintained until final payment has been made or until no person or entity other than COUNTY has an insurable int erest in the property required to be covered, whichever is earlier. This insurance shall include interests of COUNTY, CONTRACTOR, and all subcontractors and sub ‐subcontractors in the work during the life of the Contract and course of construction, and shal l continue until the work is completed and accepted by COUNTY. For new construction projects, CONTRACTOR agrees to assume full responsibility for loss or damage to the work being performed and to the structures under construction. For renovation constructi on projects, CONTRACTOR agrees to assume responsibility for loss or damage to the work being performed at least up to the full Contract amount, unless otherwise required by the Contract documents or amendments thereto. Builders’ Risk insurance shall be on a special form and shall also cover false work and temporary buildings and shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the Contract. Builders’ Risk insurance must provide coverage from the time any covered property co mes under CONTRACTOR’S control and/or responsibility, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, and w hile on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Risk insurance shall be primary and any insurance or self ‐insurance maintained by t he County is not contributory. If the Contract requires testing of equipment or other similar operations, at the option of COUNTY, CONTRACTOR will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy.

6.2.13 Certificates of Insurance.

6.2.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. Alte rnatively the County will accept an insurance industry recognized Memorandum of Insurance

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6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance.

6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date.

6.2.14 Cancellation and Expiration Notice.

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior wri tten notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4 th Avenue 320 West Lincoln Street , Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.

6.3 BOND REQUIREMENT: (If required by an individual Project/Task Order)

6.3.1 If requested for an individual Order and c oncurrently with the submittal of the proposal associated with the Order , the Contractor shall furnish the Contracting Agency the following bonds, which shall become binding upon the award of the contract to the Contractor

6.3.1.1 A Performance Bond equal to the full Contract amount ($________or as specified) conditioned upon the faithful performance of the Order in accordance with plans, specifications an d conditions thereof. Such bond shall be solely for the protection of the Contracting Agency awarding the Order.

6.3.1.2 A Payment Bond equal to the full contract amount ($________or as specified) solely for the protection of claimants supplying labor and materials to the Contractor or his Subcontractors in the prosecution of the work provided for in such Order.

6.3.2 Each such b ond shall include a provision allowing the prevailing party in a suit on such bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed by a judge of the court.

6.3.3 Each bond shall be executed by a surety company or companies h olding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance. The bonds shall not be executed by an individual surety or sureties. The bonds shall be made payable and acceptab le to the Contracting Agency.

The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of the Power of Attorney of the signing official. In addition, said company or companies shall be rated “Best -A” or better as required by the Contracting Agency, as currently listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.

6.4 FORCE MAJEURE

6.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events,

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occurrences, or causes will include Acts of God/Nature (including fire, flood , earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service.

6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform a nd particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply.

6.4.3 The party asserting Force Majeure as a cause for non -performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non -excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.

6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non -performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion.

6.5 WARRANTY OF SERVICES:

6.5.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.

6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein for one year following the performance of those services . Services corrected by the Contract or shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder.

6.5.3 DISCLAIMER OF WARRANTIES FOR PRODUCTS. COUNTY’S SOLE AND

EXCLUSIVE WARRANTY FOR PRODUCTS, IF ANY, IS THAT PROVIDED BY THE PRODUCT MANUFACTURER. CONTRACTOR DISCLAIMS ALL

EXPRESSED, IMPLIED OR STATUTORY WARRANTIES, WHETHER IMPLIED

BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT

LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LANGUAGE OF THIS

PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS

AGREEMENT

6.6 INSPECTION OF SERVICES:

6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Comp lete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the Contract requires.

6.6.2 County has the right to inspect and test all services called f or by the Contract, to the extent practicable at all times and places during the term of the Contract. County shall perform inspections and tests in a manner that will not unduly delay the work.

6.6.3 If prior to completion of an Order any of the services requ ired by that Order do not conform to Contract requirements, County may require the Contractor to perform the services again in conformity with Contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may:

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6.6.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and

6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed.

6.6.4 If the Contractor fails to promptly perform the services again as provided in Section 6.6.3 or to take the necessary action to ensure future performance in conformity with Contract requirements, County may:

6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor , through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or

6.6.4.2 Terminate the Contract for default.

6.7 REQUIREMENTS CONTRACT:

6.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It on ly indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County . Orders will only be place d when the County identifies a need and proper authorization and documentation have been approved.

6.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.

6.7.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in respo nse to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.

6.8 BACKGROUND CHECK:

Contractors need to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the County. This applies to (but is not limited to) the company and sub -contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract.

6.9 SUSPENSION OF WORK

The Procurement Officer may order the Contractor, in writing, to suspend, delay, o r interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

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6.10 STOP WORK ORDER

The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any furth er period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause.

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop- work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either—

6.10.1 Cancel the stop-work order; or

6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract.

6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor.

6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE:

Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor.

6.12 TERMINATION FOR DEFAULT:

The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to:

6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension;

6.12.2 Make progress, so as to endanger performance of this contract; or

6.12.3 Perform any of the other provisions of this contract.

6.12.4 The County’s right to terminate this contract under these subparagraph may be exercised if the Contractor does not cure such failur e within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure.

6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:

Notice is given that pursuant to A.R.S. § 38 -511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38- 511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract.

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6.14 CONTRACTOR LICENSE REQUIREMENT:

6.14.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as neces sary complete any required certification requirements , required by any and all governmental or non -governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses.

6.14.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542 -1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract.

6.15 SUBCONTRACTING:

6.15.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. The County hereby consents to Contractor’s subcontracting work to Authorized Service Providers under contract with Contractor.

6.15.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contrac tor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass -through the costs to the County, without mark -up. A copy of the Subc ontractor’s invoice must accompany the Prime Contractor’s invoice.

6.16 AMENDMENTS:

All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County.

6.17 ADDITIONS/DELETIONS OF SERVICE:

6.17.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to t he amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County.

6.17.2 The County reserves the right of final ap proval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.

6.18 VALIDITY:

The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract.

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6.19 SEVERABILITY:

The invalidity, in whole or in part, of any provision of th is Contract shall not void or affect the validity of any other provision of this Contract.

6.20 RIGHTS IN DATA:

The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder.

6.21 NON-DISCRIMINATION:

CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009- 09 including flow down of all provisions and requirements to any subcontractors.

Executive Order 2009 -09 supersedes Executive order 99- 4 and amends Executive order 75- 5 and may be viewed and downloaded at the Governor of the State of Arizona’s website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate agains t any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.

Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009 -09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2 009-09 supersedes Executive order 99 -4 and amends Executive order 75 -5 and may be viewed and downloaded at the Arizona State Library Research website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is hereby incorporated into this contract as if set forth in full herein. During the performance of this Contract, Contractor shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.

6.22 ISRAEL BOYCOTT:

By signing this Contract, the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq.

6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor

is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;

have not within 3 -year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or S tate antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

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have not within a 3 -year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default.

The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.

6.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers and directors;

6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction;

6.23.1.2 have not within three (3) year period preceding this Contract;

6.23.1.2.1 been convicted of fraud or any crim inal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and

6.23.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; and

6.23.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a three (3) year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default.

6.23.1.3 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution.

6.23.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors ) and in all solicitations for lower tier covered transactions related to this Contract.

6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41 - 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:

6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e -verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I -9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all

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employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV.

6.24.2 The County retains the legal righ t to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.24.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility o f the Contractor.

6.25 INFLUENCE

As prescribed in MC1 -1202 MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902.

An attempt to influence includes, but is not limited to:

6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy,

6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind.

If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.

6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIR EMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS.

6.26.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112 –239) and section

3.908 of the Federal Acquisition Regulation;

6.26.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contra ctor and copies provided to County upon request.

6.26.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).

6.27 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW:

6.27.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back -up documentation relevant to this Contract for six (6) years after

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final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.

6.27.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back -up documentation relevan t to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented.

6.27.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County.

6.28 AUDIT DISALLOWANCES:

If at any time , County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.

County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor.

6.29 OFFSET FOR DAMAGES;

In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract.

6.30 PUBLIC RECORDS:

Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the O ffice of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should n ot be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code.

6.31 PRICES:

Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other similar customer for these or similar services under similar terms.

6.32 INTEGRATION:

This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied.

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6.33 RELATIONSHIPS:

In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co -employee, partnership, principal and agent, or joint venture between the County and the Contractor.

6.33.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be cons trued as to create the relationship of employer and employee, co - employee, partnership, principal and agent, or joint venture between the County and the Contractor.

6.33.2 The County reserves the right of final approval on proposed staff for all Task Orders. Als o, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.

6.34 GOVERNING LAW:

This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona

6.35 ORDER OF PRECEDENCE:

In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail.

6.36 ORDERING AUTHORITY:

Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.

6.37 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:

6.37.1 This Contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this Contract when the County identifies a need and proper authorization and documentation have been approved.

6.37.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow.

Contractor specifically acknowledges to be bound by this cancellation policy.

6.38 PURCHASE ORDERS:

County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.

6.39 UNIFORM ADMINISTRATIVE REQUIREMENTS:

By entering into this Contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE

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REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.

For purchases of $50,000 or greater under this agreement, the applicable participating entity must disclose to THD when it is receiving any federal funds related to that requested purchase prior to THD agreeing to that purchase.

6.40 CONFIDENTIAL INFORMATION:

Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information.

The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be us ed by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own pro prietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so.

Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination.

6.41 INCORPORATION OF DOCUMENTS:

The following are to be attached to and made part of this Contract:

6.41.1 Exhibit A, Pricing;

6.41.2 Exhibit B, Scope of Work;

6.41.3 Exhibit C Facilities Management Requirements

NOTICES:

All notices given pursuant to the terms of this Contract shall be addressed to:

For County:

Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street 160 South 4th Avenue
Phoenix, Arizona 85003-2494

For Contractor:

Home Depot U.S.A., Inc.
2455 Paces Ferry Road PO BOX 193176,
Atlanta, GA. 30339 Columbus, OH 43218
ATTN: Contract Administration

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EXHIBIT A

PRICING

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NIGP CODE: 45041
RESPONDENT'S NAME: Home Depot U.S.A., Inc.

COUNTY VENDOR NUMBER : W000001453
ADDRESS: 2455 Paces Ferry Road PO BOX 193176,
Atlanta, GA 30339 Columbus OH 43218
P.O. ADDRESS: Each local The Home Depot stores
TELEPHONE NUMBER: 866-589-0690
FACSIMILE NUMBER: 866-589-0691
WEB SITE: www.homedepot.com
CONTACT (REPRESENTATIVE): Richard Nyberg
REPRESENTATIVE'S E-MAIL ADDRESS: [email protected] YES

WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [X]

WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [X]
PAYMENT TERMS. [X] NET 30 DAYS (See Below)
Note: Net 30 is for Home Depot Account transactions only. Payment is required at the time of each transaction.

Note: Net 60 payment terms for Home Depot Accounts may be available upon review of a customer's account information.

1.0 PRICING:

1.1 Do you offer a Rebate in lieu of a discount Yes

Details of your Rebate Program

· At least $10,000 to $25,000 Annual Net Sales (Pretax) = 1% Rebate · At least $25,000 to $100,000 Annual Net Sales (Pretax) = 2% Rebate · Over $100,000 Annual Net Sales (Pretax) = 5% Rebate

1.2 Pro Rewards Paint Program
Level
Discount
%
Minimum Annual Spend
on Paint
Gold 20% $ 7,500
Silver 15% $ 4,000
Bronze 10% $ 2,000

1.3 Volume Pricing Program

For any purchase over $1,500 more aggressive
pricing may be available through the Volume Pricing
Program.

For any planned order over $1,500, call in the
request for quote to the ProDesk of your local The
Home Depot

store and ask for it to be submitted for volume
pricing consideration.

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EXHIBIT B

STATEMENT OF WORK

CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities)

1.0 INTENT:

The Contractor shall have a strong national presence for a vast array of supplies and equipment necessary for maintenance and repair in residential, commercial and industrial environments for use by various public entities nationwide.

Other governmental entit ies under agreement with the County may have access to services provided hereunder.

The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest.

The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill- set to satisfy the County’s needs or to ensure adequate competition on any project or task order work.

1.1 INTRODUCTION, BACKGROUND AND INTENT:

MASTER AGREEMENT

Maricopa County, AZ (herein “Lead Public Agency” on behalf of itself and all states, local governments, school districts, and higher education in stitutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is awarding a contract to a qualified supplier to enter into a Master Ag reement for a complete line of Maintenanc e, Repair and Operating (MRO) Supplies and Industrial Supplies in a Retail and Wholesale environment; and Related Products and Services (herein “Products and Services”).

1.2 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES

Contractors are to have the broadest possible selection of MAINTENANCE, REPAIR,

OPERATING SUPPLIES, INDUSTRIAL SUPPLIES AND RELATED PRODUCTS AND SERVICES they offer. The intent of this contract is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs.

1.2.1 Maintenance, Repair, Operating (MRO) Supplies and Related Se rvices (Installation, Repair and Renovation) – A complete and comprehensive offering of wholesale and/or retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand- held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.

In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.

1.2.2 Related Products and Services (Including Installation, Repair and Renovation Services) – A complete range of r elated products and services offered by Supplier including, but not limited to, installation, repair and renovation services for replacements, upgrades, and remodeling in the residential, commercial and industrial environments relating to any of the follow ing (non -inclusive): roofing, gutters, downspouts, HVAC, plumbing, electrical, exterior decks, patios and porches, exterior siding, windows and

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doors, interior and exterior painting, weatherization, ADA improvements, hose fabrication, hydraulic repairs, g earbox repairs, conveyor system repairs, vulcanizing, rubber fabrication, and any other types of residential, commercial and industrial environments.

2.0 SCOPE OF WORK:

2.1 MAINTENANCE, REPAIR, OPERATING SUPPLIES (MRO) AND RELATED SERVICES (INSTALLATION, REPAIR AND RENOVATION):

Provide a complete and comprehensive offering of Retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand-held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.

In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.

2.2 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES):

2.2.1 Any related products offered by Supplier.

2.2.2 Services may also include replacements, upgrades, remodeling; and product, turnkey and major category installations.

2.2.3 Services performed shall be non-structural in nature.

2.2.4 Products used in performing these services shall be procured under the awarded contract, at contract prices.

2.2.5 These services may be required in the residential and commercial environments and may be any of the following (non-inclusive):

2.2.5.1 Roofing, Gutters, Downspouts

2.2.5.2 HVAC

2.2.5.3 Plumbing

2.2.5.4 Electrical

2.2.5.5 Exterior decks, patios and porches

2.2.5.6 Exterior Siding

2.2.5.7 Windows, Doors

2.2.5.8 Interior/Exterior Painting

2.2.5.9 Weatherization – Storm Windows/Doors, Insulation, Weather Stripping

2.2.5.10 ADA Improvements

2.2.6 Services:

2.2.6.1 Providing and managing qualified contractors

2.2.6.2 Budget management in keeping projects on budget

2.2.6.3 Project management services in design, planning, organizing, scheduling and managing all stages of a project.

2.2.7 Service Providers (Labor):

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2.2.7.1 Contractor shall serve as the single point of contact between Participating Public Agencies and Service Providers.

2.2.7.2 Contractor shall verify that all Service Providers are fully licensed for the type of work being performed in the respective state(s).

2.2.7.3 Contractor shall verify each Service Provider maintains at a minimum, the levels of insurance specified under in draft contract.

2.2.7.4 Contractor shall perform a background screen of all Service Providers consisting of (at a minimum):

2.2.7.4.1 National Employee Database

2.2.7.4.2 SSN Verification

2.2.7.4.3 National Criminal Database Check

2.2.7.4.4 Two County Search

2.2.7.4.5 Sex Offender Search

2.2.7.4.6 Annual Review (National Criminal Database)

2.2.7.4.7 Two (2) Year Complete Re-Screen and Renewal

2.2.7.4.8 Financial Background

2.2.7.5 All Service Provider employees shall wear a Service Provider’s issued picture identification badge at all times.

2.3 PRODUCT CATEGORIES:

This Agreement is to establish a nationwide purchasing agreement for the acquisition of MRO and related products/services. The category descriptive examples below are not to be considered restrictive, but rather, provide a general, non -inclusive, description of the cat egory. These are standard use in the residential, commercial, and industrial environments. .

All products offered shall be new, unused and of the latest design and technology.

The intent is for each Proposer to submit their complete product line so that Participating Public Agencies may order a wide array of product as appropriate for their needs. You may subcontract items your firm does not supply.

2.3.1 CATEGORY 1: APPLIANCES
Large appliances: refrigerators, washers, dryers, dishwashing machines, stoves, cooktops, range hoods and ovens; TVs, DVR’s, small appliances: mixers, toasters, microwave ovens, food processors, disposals, trash compactors, and all ancillary supplies, tools, and components.

2.3.2 CATEGORY 2: BUILDING MATERIALS
Lumber (dimensional and timbe r), millwork, roofing, siding, plywood, paneling, hardwood, trim, molding, fencing, decking, gates, brick, block, doors, windows, bagged goods (concrete, mortar, sand, or asphalt), drywall, rebar, acoustical tiles, rain gutters, garage door openers, insulation, and all ancillary supplies, tools, and components.

2.3.3 CATEGORY 3: HARDWARE
Fasteners (nuts/bolts, screws, washers, rivets, nails), builders hardware (hinges, gate hardware, barrel bolts/hasps, corner braces, shelf brackets, closet hardware, springs), t hreaded rod/steel shapes, anchors, padlocks, lock sets, wheels, casters, ball bearings, rope, chain, metal stock, dry cell batteries, fire extinguishers, signs, cabinet hardware, mail boxes, safes, drop boxes, weatherization products, and all ancillary sup plies, tools, and components.