Agenda packet — South El Monte City Council, July 25, 2023 (part 5 of 5)

Bid Package, South El Monte, Merced Avenue Greenway Project. Project No: 0407 Document Control Page 12 of 4 79 The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 3q 1IP~2- , Class {\.., , which expires on U/·zt:z

GENTRY BROTHERS INC
Signature: ____.__ &---+,,,L-- A_,_____
Signature: ___ / ____________ _
Title: $zc. /tU ) I
Date: .> -//, Z. _3
Title: Date:

BID B-3
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID"

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Addendum 2. Merced Avenue Greenway Project Document Control Page 11 of 28

CITY OF SOUTH EL MONTE

BID SHEETS FOR

MERCED AVENUE GREENWAY PROJECT
Bidder's Name: ____ _..G ... ENLJ.!.LLYL.J; o~llf ~tl:P~swN+T-C- ---------------- To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices:

REVISED BID SCHEDULEPER ADDENDUM 2

ITEM DESCRIPTION ESTIMATED UNIT UNIT EXTENDED
NO QUANTITY J""PRICES i.~MOUNT
1 Mobilization/Demobilization and Clean-up 1 LS ~ #, $ _a, c)(· ~' - ~ td $,._tJo. Q 0 L, _,,- y 2 Traffic Control and Traffic Control Plan 1 LS
,,. $ \S'< \ -i.
°'. $ \56117.'\.-
'· ) 3 Construction Sequencing Plan 1 LS $ ZC1
CcH'I - $ Zc:>I 1ooc1 ~ . v ' vStormwater Pollution Prevention Plan (SWPPP) $~1 () C:(l "' "' $30 ,, 0 £ 'c.> Ci t"-'
4 Development and Implementation 1 LS - Survey and Resetting of Monuments/Centerline $ JC1 otc - :,,e 5 1 LS $ ""J o O OL' .-
Ties
$ l,o ci o
c•> 'Z Ou 6 Project Signage 2 EA -- $ I 0 <'.ICJ .-
j - 7 Clearing and Grubbing 1 LS I'~ ~ ').J $_ov, c c , ..... · ... .,_.., &;,. t"'J ~ $ "J Cl t'c? -
~ .. -
7,~o o t'>"
8 Remove Tree 5 EA $ ~o o -' $ .- 5., 0
t,) -:? . b 0 C)
6 r >
9 Relocate Sign & Post 12 EA $ - $
Asphalt Pavement Removal (Including Aggregate $ L9¥vQ ,.,. .. -- /Z2;_~ou 0(2. 10 1 LS $ Base)
L/ [) ";:.. ... 11 Sidewalk Removal 4,304 SY $ $ /1Z 1 /'2_0 - ' 12 Concrete Curb & Gutter Removal 6,730 LF $ o~ $ "'7. 3 0 t' el_;;
Lo 9.f!.. r _. c: ' 13 Concrete Spandrel Removal 1,901 SF $ $ lCJ..,c1 0 _..- 14 Concrete Cross Gutter Removal 543 SF $ I C> -> $ >, '1 l o "' .. 0 - -- 15 Excavation 4,556 CY $ >. N ".- $ l Z.7, Q '"' J - 16 Type A1-6 Curb 3,563 LF $ ~ '-' ' $ [78.1 ir-o {\
() - - 17 Type A2-6 Curb & Gutter 2,059 LF $ >~ $ I J 3I' , '6"J > ~
Addendum 2 - Attachment A-1

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Addendum 2. Merced Avenue Greenway Project Document Control Page 12 of 2B REVISED BID SCHEDULEPER ADDENDUM 2

ITEM DESCRIPTION ESTIMATED UNIT UNIT EXTENDED

NO QUANTITY PRICES AMOUNT
18 Driveway Curb & Gutter 1,357 LF $ 6~ o;:,. $ 'b<Z' t;•l l '2-a 5: -
19 Cross Gutter 1 EA $ /,o o o <>:::,.. $ I, o "v '"' _.. . j 20 Landscape Curb 224 LF $ L/p <' _;:.. $ f?C/ " 0
"-·'
21 4" PCC Concrete Buffer 1 LS ]5- ~u ".::! $ 3.S- c"c c "-t22 12" Pedestrian Strip 2,688 LF $ L O"' z_ ~ $ tj_~l 6~~ O';;- •
23 4" Planter Curb 720 LF $ ? ov 5 - $ 2 S'" 2..o o e-" _..,. I 24 Pedal Safe Curb 3,835 LF $ L/ c c_;_ $ /~~':f._v o <' ' ' -
25 Monolithic Wall Extension at Bio-Planters 1 LS ~~ c() ('':... $ bZP1 cc ~ () .:.,,. r
$ /l Do t".J'.
$ I 2. -z.., Ll 0 0
nJ
26 Curb Opening with Splash Pad 102 EA . - .
$ 22~c ' r.:.,. (' :!-
27 4" PCC Sidewalk 1 LS $ z.z.. s C' t!' <' -
28 Curb Extension (Planter) 4 EA $ 4e cc- c:~ $ .Ot> Q "'f:- c·' $ l 2..'2 I 0 <:' c.'J
o • 29 ADA Sidewalk Curb Ramp 18 EA $1, c_ o..- -
$ 1.~~ o r> _.- I e-•' 30 Driveway Apron 63 EA $ 8. 9,o oo _,... • $ 71~t•J t.#_;_
?l._~a oo "'-= ,__ 31 4" PCC Bikeway 1 LS $
32 ADA Bikeway Curb Ramp 20 EA $ S,cc c ·>-;...,. $ "'. lo o.coo .:- 33 Crushed Miscellaneous Base (CMB) 686 TON $ /8 ";;.- t " $ lZ13. "18 - 34A 4" Conventional Asphalt Concrete Pavement 1,645 TON $ ? 'I-" " $ 15" 6.~ o e~.! 34B 1" Asphalt Rubber Hot Mix (ARHM) 411 TON $ Lt >'~ $ l/ z_ 2-b > , ..<J- >z ~ c"' 35 Crushed Aggregate Base (CAB) 4,318 TON $ $ U~ , l Zit _ .. I 1£> ~ $ I .f"o 1 o '-to CJC .... 36A 2.5" Grind & 1.5" AC Leveling Course 968 TON $ . r LI< ~ oo 36B 1" Asphalt Rubber Hot Mix (ARHM) Overlay 646 TON $ $ 7'ft.~/j_o - 5 (>It 37 Bioretention with Underdrain 1 LS $ OO fQ Ou $ ~('}D Anr1~"' • '"?: ,; ..> 38 Bioretention without Underdrain 1 LS $ so I 0 $ _oo, ~CJ o - ' 39 High Infiltration Bioretention Area (FocalPoint) 1 LS $ "totlt._ oo $ Jl "()0;<.!JO() ' 'C'.- Extended Infiltration Chamber Below Permeable (~ c ~ 40 1 LS $ ]/>61.0t-O $ ""J oe ltJ 0() • Pave rs
41 Grated Catch Basin 6 EA $ :Z~Q "~ $ Ll.ffa e>o ~
Addendum 2 - Attachment A·2

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Addendum 2, Merced Avenue Greenway Project Document Control Page 13 of 28 REVISED BID SCHEDULEPER ADDENDUM 2

ITEM DESCRIPTION ESTIMATED UNIT UNIT EXTENDED
NO QUANTITY PRICES AMOUNT C' ,_') 5 q o•-> 42 Clean out 29 EA $ /,_ Loo / $ _ ll o D 7 '
43 Permeable Pavers 1 LS $ )fio
1 DCtl ~ :s- ()Cl $ o"o -
44 R-Tank Conveyance Piping 1 LS $ '"JJ': 4~ o e~ $ ?..; () a u $ )__tJ #Ct OQ "" 30, 00;:
o"-'
45 Non-bioretention Planter Area 1 LS .,,,. $ .......... $ ·?A_""'' *"''"~ C'•j
46 Underdrain Pipe 1 LS $ 7.f:..oo o ·-'
6''· 9 et <'-'
47 18" RCP Pipe 1 LS $ 9d, () t I) ;., $ ~& CO ..c..-
Grated Curb Inlet at High Infiltration Biofiltration Cl " t/~OC)O ("J~
48 9 EA $ S::o e o --- $ Areas (Rain Guardian or Approved Equal) 49 Junction Structure 5 EA $ l~,u o ~ $ ?~~t l) ... ~
50 Storm Drain Maintenance Hole 2 EA $ t f._ ()Q
c~ $ ~ "eJ c.>
t'~
Underdrain Pipe Penetration, Tap, and Manhole $'2,~oa
I)\;_ ~LJ . co t
,,~
51 8 EA $ Tap
$ t. oe D ~ $ ']blc ov ('I ' :?..--
52 Remodel Existing Catch Basin 6 EA
$ Lf,~ov " I:?,, £" o "'
LJ~
53 Remodel Sidewalk Culvert 3 EA / $
54 Stop Bar ( 12" Wide) 1 LS $ " l B l'U ,~ ~ $ / 1 80 0 r ·-" -- Stop Pavement Marking $ 10" c)
C> ·-
$ <l1 oo cJ ('> J
55 1 LS - 56 Continental Crosswalk Marking 1 LS $ I z_ c c , 1 d;_
$ 17,_ ,, ,, l)
l'J' 1.-
$~ ':f.oo v'' 2., '-/a (I
eJ .... _
57 Bicycle Stop Pavement Marking 1 LS ...- $ --.
58 White Bicycle Lane Pavement Marking 1 LS $ ~ t;,_ ... ,, "' ~ $ >, ~co Ve.:~ .. r
59 Red Curb Paint 1 LS $ 21
c o Q ~.:'.- $ t!J Ll 7., 0 Cl 0 ._
$ k1 6_ oo o~ '2.1 e oo .. ...;!...
60 White Double Line Bike Lane Edge Striping 1 LS $
61 Conflict Striping at Intersections 1 LS $~ e cc1
l' !.
$ '"? >, 0 (l C)
e>--~
$ ~ qo o "'~ e> O
62 Parking Lane Striping 1 LS $ ~ ?o o ~ .
63 Center Turn Lane Pavement Marking 1 LS $ 2 1 2-oc:J
,,~
$ 2 1 Z...t:' V ~
kt' " I)
,, .....
{, c ~ 0
oA..'
64 Center Turn Lane Striping 1 LS $ $ ·-
/; CJo ... ~ $ l~, 2 OD
c•' 65 Traffic & Wayfinding Signage 27 EA $ - 6 ()O o_;;,... . 00 66 15-Gallon Tree & Deepwell Irrigation 40 EA $ $ 2'-'l Oe> O - I 67 15-Gallon Tree 93 EA $ Z->oo/ $ 231 ZS:o ~
Addendum 2 - Attachment A-3

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Addendum 2. Merced Avenue Greenway Project Document Control Page 14 of 28 REVISED BID SCHEDULEPER ADDENDUM 2

ITEM DESCRIPTION ESTIMATED UNIT UNIT EXTENDED

NO QUANTITY PRICES AMOUNT
68 Tree Pit Structural Root System 1 LS $ ~'if>OC) V/ $ 5t/ooa o_;;,,., 69 Soil Preparation 1 LS /, l)J $ (),ooo - I $ /< . :.; ..Ptoc.'u '
70 Shrubs, Grasses, & Groundcover 1 LS 71 l' ~ $ .S\ oo ,) I $ L./i df ()t () Ol) <...--"' Irrigation Point of Connection (Including Meter & $ 1>;.I) cu .._i ';,_
I~ o c v l'.J~
71 1 LS $ Backflow)
Irrigation Controllers and Miscellaneous $ z(d ~ c;... ()C 72 4 EA $ 291000 ·- Equipment
$1/dolo o o "'~ 't'ao, I) oo
e ti
73 Shrub & Groundcover Irrigation 1 LS I $ I -- 7. ,;... 7. (!) 0 () ~ .. -.
74 Utility Adjustments, Protection, and Coordination 1 LS $ ,oc £) $ . .-' 75 Monitoring Equipment Pads 2 EA $ t,, /) ~ {) ~::- $ LZ.ac c (I~ v
76 Operation & Maintenance Manuals 1 LS I C' ,, $ l>oo -- ' $ ~5Po ~ $ ?,D o 0
00 77 Record Drawings 1 LS $ 2 1tio() -
TOTAL BID AMOUNT IN DIGITS 9. ZL/6 . il1Lf
(J ()
~L~B,~ l~ 1 ~
- TOTAL BID AMOUNT IN WORDS: ~ .~&- .4.. ,
Jr~.JJM Mt ~i'!-!ok ~~
~~ .. , .A,1.d.h JlJ J;.J~ I/ ,, /
/' // -
-

SPECIAL FUNDING REQUIREMENTS
San Gabriel Valley Conservation Corps members will assist with installation of the 133 sited trees.

Contractor will not pay the above persons for his work.

Contractor shall cooperate and coordinate with the City and allow the indicated persons onto the site for the described work above. Contractor's cooperation and coordination is assumed to be part of the TOTAL BID AMOUNT submitted in the above Bid Schedule.

In the case of discrepancies in the amount of bid , unit prices shall govern over extended amounts, and words shall Qovern over fiQures.

The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards.

All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.

Addendum 2 - Attachment A-4

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Bid Package, South El Monte, Merced Avenue Greenway Project Project No: 0407 Document Control Page 17 of 4 79 The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices.

A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

Title: ~ft.-, Tfj.£ Date: t",..//- Z-3
I
Signature: Title: Date:

BID B-8
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

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Bid Package. South El Monte. Merced Avenue Greenway Project. Project No: 0407 Document Control Page 18 of 4 79

QUESTIONNAIRE FORM
Fill out all of the following information. Attach additional sheets if necessary. ( 1)
(2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.
(3)
(4)
(5)
(6)
(7)
(8)
Ge0 try E3rgtl:lers IRe
384 Live Oak Ave
Business Address: --~lrw in ~l~C~A ........ 9 ...... 17 .... o .... s~------ -------- Telephone: b2b -?>Z- Cf~ 'J I Facsimile: ____________ _ Type of Firm - Individual, Partnership, LLC or Corporation:

Corporation organized under the laws of the State of: C- 0rCalifornia State Contractor's License Number and Class: ~ q 76 f Z Original Date Issued: __ ___, Cj fB~-~----- Expiration Date: / 2--z_5 DIR Contractor Registration Number:
(9) The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project WITHOUT QUESTION. (10)
( 11)
(12)
BID
Name of Person who inspected the site:

Date of Inspection:
(,J A tf'·<r /9't'. tt-\11L 1
r -1° -z>
Number of years' experience the company has as a contractor in construction work: L/-5:

List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Bid:
lN A-CJ I\.) ( ' b £"-- r4ld (. ~c_ t' u1-U
List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid: /UA-
'
B-9
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID"

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Bid Package. South El Monte. Merced Avenue Greenway PrOJect. Project No: 0407 Document Control Page 19 of 4 79 (13) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid:
(14) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five (5) years:
a. List the names, addresses and telephone numbers of contact persons for the parties:
b. Briefly summarize the parties' claims and defenses:
c. State the tribunal (e.g. , Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:
(15) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain.

BID B-10
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

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Bid Package, South El Monte. Merced Avenue Greenway Project. Project No: 0407 Document Control Page 20 of 4 79 (16) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain.
(17) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a "termination of convenience"? If yes, explain. ti C) l'J\_
(18) For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions:
b. By the owner against you? Circle one:

Yes
Yes ~ a. By you against the owner? Circle one:
c. By any outside agency or individual for labor compliance? Circle one: Yes ~
d. By Subcontractors? Circle one: Yes @
e. Are any of thes~~aims
Circle one: Yes ~
or actions unresolved or outstanding?
If your answer is "yes" to any part or parts of this question, explain. (19) List the last three (3) projects you have worked on or are currently working on for the City of South El Monte:

BID B-11
BIDDER SHALL COMPLETE ANO SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

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-
. '·' .. ', - :jj - ""' t;;;.. ESTIMA1'1D -' '· .:-.

OWNER PIJot'e# - · JOB NAME/LOCATION/ CONTACT PIRSON , BOX CONTRACT Pate Flnt - Lallt on PORl!'o1AN City # · Job .. " A'40UNT •,
Glendora 626-335-6175 Cullen Avenue Wawt.er & Street Improvements Joseph Velosa 91 $ 411 ,180.90 1 /31 /2022 - 3/15/2022 Rodney #1317 & #1329 Montclair 909-625-9444 Modular Restroom Facilities Steve Stanton 9/1 /2022 - 9/21 /2022 Wayne Ontario Water Main Replacement PHii $ 6, 733,323.98 TBD Rancho 909-4 77-2730 CDBG Concrete Rehabilitation Kenneth Fung $ 1,378,207.60 51212022 - 2/16/2023 Rodney Cucamonqa Covina Citrus Avenue Rehabilitation Project #P201 O $ 1,430,352.25 9/9/2022 - In Progress Arcadia 626-256-6653 2021/2022 Annual Conrete Repairs #55331022 Jacquelyn Mercado $ 105,730.00 712212022 -812312022 Marcos Pomona 909-620-2238 Street Preservation FY 21-22 #426-68572 Daniel Chung $ 2,335,605.90 7/28/2022 - In Progress Marcos Covina 626-384-5236 Miscellaneous Concrete Project #P2203 Valerie Cortez 91 $ 119,521 .00 5/31 /2022 - 6/23/2022 Richard Downey 562-904-7110 City Yard Maintenance Pavement Rehabilitation #CIP Edward Torres $ 223,405.00 6/23/2022 -7 /13/2022 Wayne 22-24 Covina 626-384-5236 Front Street Water Main Installation $ 1,430,352.25 TBD La Verne Emergency Leat@ Peyton Rd. & D Street $ 11 ,979.51 P0#080822 La Verne Sidewalk Replacement Various Locations P0#34317 $ 99,633.00 8/15/2022 - 8/29/2022 Steve Claremont Claremont Blvd & Monte Vista Accessiblity $ 585,765.00 9/21 /2022 - 1 /3/2023 Wayne lmprovments Project CIP 2021-1 Chino Hills 909-364-2811 Woodview Road Pavement Rehabilitation PHii Deborah Hill $ 320,931 .00 TBD #ST20012 La Verne 909-596-8750 Old Town Streetscape Improvements $ 1,624,894.20 11/14/2022 - In Progress Montclair 909-625-9444 CDBG Taget Area Alley Improvements Steve Stanton $ 976,909.28 12/5/2022 - 1 /31 /2023 Gonzalo Brea 714-671-4450 Country Hills Subdivision Pavement & Water Imp PH $ 2, 125,523.60 2/1/2023 - In Progress JJ Gilnoyola 2 #CIP 7322 Rancho 909-477-2740 22/23 Pavement Rehabilitation $ 4,751 ,061 .00 2/1/2023 - In Progress Rodney Cucamonga Pomona 909-802-7 415 Street Rehab - District 4 & 5 - #428-67922 - Fed Micael Lee STPL-5070(038 $ 1,539,544.74 21812023 - In Progress Marcos Glendora Bennett Water & Street Improvements TBD
Glendora Cumberland Water & Street Improvements TBD

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"' - - " - ' "" BTIMATID Phone#· - Date Fll'lt - 'I.Ht Qll OWNER, JOB NAMl!/LOCAnON/ CONTRACT# CONTAcT NR90M eoNTltA(:T FORl!MAN City • AMOUNT · Pomona
ADA Path of Travel, CDBG #428-6855, ADA Curb Michael Lee 93 $ 1,323,000.00 3/22/20212 - 11/10/2021 Marcos Ramps #428-67929 El Monte 626-580-2065 Valley Mall & Monterey Kristen Lloyd 88 $ 29,050.00 2/9/2021 - 2/12/2021 Gilbert NA Cal Spas Drainage NA 92 $ 84,104.00 02/19/2021 - 02/22/2021 Gonzalo Pomona Local Street Preservation 20-21 #428-68562 Daniel Chang 93 $ 1,644,001.44 3/29/2021 - 12/10/2021 Marcos Alhambra 626-570-5015 2020Concrete Repair Improvements #N2M20-161 91 $ 437,260.20 5/3/2021 - 7 /13/2021 Gilbert Duarte 626-35 7-7931 2020-2021 Street Rehabilitation Teresa Renteria 90 $ 343,393.44 4/12/2021 - 5/4/2021 Gilbert West Covina 626-939-8425 FY 20-21 Resential Street Rehabilitation #21020 Miguel Hernandez 93 $ 1,374,712.02 6/1/2021 - 8/10/2021 Gilbert Monterey Atlantic Water Main $ 885,503.40 TERMINATED
Ontario Water Main Replacement PH I Cunthia Torres $ 3,671 ,129.39 9/2712021 - 10/6/2022 Gilbert Arcadia 626-256-6653 Live Oak Rehabilitation Kevin Merrill 91 $ 1,566,620.23 8/9/2021 -10/13/2021 Gonzalo Alhambra 626-570-5090 Water Main & Street Rehabilitation Lauren Myles $ 981 ,161 .10 2/11/2021 - 7/11/2022 Rodney Covina Street Rehabilitation Rafael Fajardo $ 1,317,227.25 7/30/2021 -11/10/2021 Richard San Dimas 909-394-6248 Covina et al Street Improvement CC2021 -03 Shari Garwick 91 $ 1,298,484. 70 9/27 /2021 - 3/25/2022 Richard Covina 626-384-5236 Vita Pakt Main Replacement Rafael Fajardo 91 $ 398,060.00 8/19/2021 -11/24/2021 Gilbert Rancho Romeo David
Cucamonga FY 21-22 Pavement Rehabilitation #8002021-02 92 $ 1, 178,830.84 10/25/2021 - 212212022 Wayne Montebello 323-887-1460 Beach Street Pavement Samantha Chenelia $ 926,849.00 4/1/2022 - 8/22/2022 Richard Upland 909-291-2946
Civic Center Area Paving & ADA Improvements Bob Critchfiled 91 $ 369,993.00 2/23/2022 - 7/1/2022 Richard _#82336 &#74004 Chino Hills 909-364-2766
Los Serranos Safe Routes to School East Steve Nix #ST210005 $ 866,872.80 317/2022 - 7 /29/2022 Marcos Chino 909-334-3415 Alley/Sanitation Rehabilitation FY 202-21 @SN-211 Austin Pastovopit $ 1,423,393. 75 3/14/2022 - 21712023 Gonzalo Chino Hills 909-364-2862 Saddle Replacement PH 3 - #W17001 Michelle Smith $ 1, 183,700.00 8/1 /2022 - 2/3/2023 Montclair 909-625-9444 Zone 5 & 6 Street Rehabilitation #21002 Steve Stanton $ 3,598,603.23 6/15/2022 - In Progress Marcos

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' >.;.: - ... .. . . '811MATtD
-
..
-
IA
. JOB II w BOX Pint· utt •l'I OWNER Piton•# • City CONTACT PlllSON · POR!MAN: CO.NTRACT# " • A MOU MT Job ' Walnut Emergency Work - Lemon Creek 85 $ 14,800.00 1 /8/2020 - 1 /17/2020 NA Covina 626-384-5236 Trip Road Imp/Phase II Kristen Weger 85 $ 1,728,775.00 2/3/2020 -5/5/2020 Rodney Downey 562-622-3468 Capital Improvement Project #19-04 - Samoline Desi Gutierrez 85 $ 717,800.00 2/3/2020 - 5/19/2020 Gilbert Avenue La Verne 909-596-8750 Emergency - Channel Crossings Anthony Ciotti 85 $ 26,000.00 1/27/2020 - 01/30/2020 Gilbert Baldwin Park 626-960-4011 Maine Avenue - PH I Sam Gutierrez 84 $ 1, 715,418.60 3/9/2020 - 6/30/2020 Art/Marcos Baldwin Park 626-960-4011 ATP Cycle 3 Pacific Ave. Sam Gutierrez 88 $ 2, 112,094.90 5/13/2020 - 10/2/2020 Marcos West Covina 626-939-8425 FY 2019-20 Residential Street Rehabilitaion Miguel Hernandez 89 $ 969,070.55 6/1 /2020 - 6/12/2020 Rodney Sierra Madre 626-355-7135 FY 2019-20 Street Improvement Bruce Inman 85 $ 443,940.10 4/20/2020 - 5/19/2020 Rodney Diamond Bar 909-839-7010 CDBG Area 1 Curb Ramp Project #60106919 Tommye Gribbins 89 $ 129,820.00 6/8/2020 - 7/21/2020 Gonzalo Pomona Street Preservation - #428-68561 FY19-20 90 $ 1,866,732.42 6/24/2020 - 12/23/2020 Rodney Rancho 909-477-270 2019/20 Arterial Pavement Rehabilitation - #800 Shelley Hayes 91 $ 856,368.00 8/20/2020 - 11 /6/2020 Wayne CucamonQa 2017-11 Covina Badillo Street Rehabilitayion - #P1901-W2003 88 $ 2,484,067.00 8/3/2020 -1 /27 /2021 Gonzalo Baldwin Park 626-960-4011 Morgan Park Parking Lot - City Project#CIP20- Sam Gutierrez 90 $ 390,920.00 5/13/2020 - 9/22/2020 Marcos 163 Claremont 909-399-5459 Guardrail Replacement Michelle Gonzales 89 $ 48,500.00 712212020 - 8/19/2020 Wayne Chino FY 15/16 Alley Reconstruction $ 1,816,952.85 121712020 -10/4/2021 Gonzalo Montclair 909-625-9444 Holt Boulevard Pavement Rehabilitation Steve Stanton 89 $ 886,393.28 10/5/2020 - 11 /17 /2020 Rodney Covina 626-384-5236 Concrete Repairs Kristen Weger $ 156,737.50 10/5/2020 - 10/30/2020 Gonzalo Industry Temple Ave Dual Right Turn CITY-1458 91 $ 498,028.00 1/13/2021 - 3/19/2021 Rodney La Verne "D" Street Overlay Parkway Renovation 90 $ 98,718.00 121712020 - 12/22/2020 Gonzalo Upland Alley & Access Road lmprovevements 91 $ 803,780.60 12/7 /2020 - 5/4/2021 Gilbert/Marcos #8801/8802/8803/86001 Brea Country Lane Street Rehabilitation 91 $ 279,738.24 1/13/2021 - 2/11/2021 Gonzalo Downey Telegraph Road Throughput & Safety Jasmine Fakhouri $ 6,322,707.13 5/3/2021 - 3/4/2022 Rodney Enhancements

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,..... :
- BOX , Date FINt • ..._.on •QWNER Clti ,J09 NAME/LOCATION/ , cONTACT ti CON'tRACT JOb l'OfU!MAN ,AMOUNT /'}
Baldwin Park 626-960-4011 City Project #2018-0269 Various Locations Sam Gutierrez 81 $ 1, 757' 175, 50 3/28/2019 - 5/22/2019 Rudy La Verne 909-596-8750 2018-19 Pavment Management Program Anthony Ciotti 81 $ 579,638,20 2/27/2019 - 3/21/2019 Rodney Sierra Madre 626-355-7135 FY 2018-19 Street Improvement Bruce Inman 85 $ 654,709,25 4/22/2019 - 6/28/2019 Rodney El Monte NA Emergency Work - Valve Replacement Tyler & Irish NA $ 14,653,33 3/1 /2019 - 3/1 /2019 Gilbert Jurupa Valley Jurupa Valley - Emergency Culvert Repair Steve Loriso 80 $ 29,657A8 2/15/2019 - 2/1 9/2019 Rudy La Verne 909-596-8750 2018-19 PMP Various Locations Anthony Ciotti 83 $ 425,802,50 4/29/2019 -5/14/2019 Steve La Verne 909-596-8750 CDBG Sidewalk Project #1401123 Anthony Ciotti 81 $ 98,800,00 5/27/2019- 617/2019 Steve La Verne 909-596-8750 Baseline Road Anthony Ciotti 83 $ - 6/11 /2019-6/21/2019 Marcos Pomona 909-802-7415 Street Preservation/ Local and Alleys Steve Enna $ 3,995,744,00 6/17 /2019 -10/30/2019 Rudy/Pomon;; Montclair 909-625-9444 San Jose Street Rehaiblitation - #17022 Steve Stanton 83 $ 286,929,00 7/1/2019 - 7/29/2019 Marcos Walnut 909-594-9702 La Puente Road Rehabilitation - #178975 Jason Welday/RKA 84 $ 593,622,50 7/1/19- 10/21/2019 Rodney San Dimas 909-934-6248 Avenida Entrada Street Improvements Brandon Slater 85 $ 897,998,00 8/5/2019 -1 1/26/2019 Rodney City of Industry 626-333-2211 Resurfacing of Don Julian Road Kristen Weger $ 806,400,00 10/26/2020 - 01 /01 /2022 Rodney City of Baldwin 626-960-401 1 SB1 Puente Avenue Street Improvements Sam Gutierrez 84 $ 1,071 ,867,00 11 /18/2019 - 3/14/2020 Gilbert Park City of Duarte 626-35 7 -7931 Removal of Barriers for ADA Ramps Teres Renteria 85 $ 41 ,080,00 12/2/2019 - 12/17/2019 Rodney City of Chino Hills 909-364-2766 Los Serranos Transit #S19001 Steven Nix 84 $ 397,210,00 1 /6/2020 -5/19/2020 Rodney City of South 626-403-7240 Alpha Ave/Melva Street Improvement Kevin Ko Pasadena 89 $ 1,698,910,00 4/28/2020 - 1012712020 Gilbert City of Montebello 323-887-1200 Beverly Boulevard Improvements Roberta Lacayo 90 $ 739,95120 5/1112020 - 612512020 Rodney City of Industry 626-333-2211 Annual Street Rehabilitaiton #CIP-STR-19-043-B Gerry Perez 89 $ 420,492,00 212612020 - 912212020 Marcos City of Montclair 909-625-9444 Emergency Road Work Steve Stanton 89 $ 110,000,00 1 /8/2020 - 1 /20/2020 Gilbert

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- - -'' .. J".

JOB NAME/LOCATxONi llTIMATID .. " , CONTACT l>9te Fll'lt - I.Mt on (>WNER Phone• ·':" City CONTRAC'r• .. ;;_. Pl!RION .90X• CONTRACT Jct,b F01lEMAN II Ill AMduNT Covina 626-384-5236 Cypress Reservoir Drainage lmprovemets Kristen Wegar 78 $ 97,680.00 4/18/2018 -5/11/2018 David Baldwin Park 626-960-4011 Residential Street Rehabilitation - #2018-0220 Sam Gutiereez 83 $ 653,070.00 4/3/2018 - 5/29/18 Rodney LACDPW 626-458-3111 Ballentine PL et al - Project #RDC0015528 Harry Cong 82 $ 4,600,159.75 6/13/2018 - 2/8/2019 Rodney Glendora 626-914-8216 Pasadena Avenue Street Rehabilitaiton #1243 Harutyun Mesopyah 78 $ 168,712.10 3/19/2018 - 4/9/2018 Steve Covina 626-384-5236 Grand Avenue Water Line Upgrade Kristen Wegar 79 $ 1,289,295.00 4/3/2018- 10/9/2016 Gilbert Glendoira 626-335-6175 Auto Centre Dr/Amelia Avenue lmpprovement Joseph Velosa 78 $ 896,840.00 4/3/2018 -5/29/2018 Arturo Project #1183/#1202 Whittier 562-567-9500 18-011 Hoover Avenue Water Main Sunny Ng 82 $ 1,513,600.00 7/2/2018 - 2/8/2019 David Replacement Montclair 909-625-9444 Zone 4 Montclair Street Rehabilitaion Steve Stanton 80 $ 3,696,445.00 5/14/2018 - 12/2712018 Arturo La Verne 909-596-8750 "E" Street "8" Water Main Anthony Ciotti 79 $ 773,658.00 6/11/2018 - 10/2/2018 David La Verne 909-596-8750 2017-2018 CDBG Sidewalk Improvements Anthony Ciotti 79 $ 54,600.00 4/30/2018 - 5/8/2018 Rodney La Verne 909-596-8750 Island Medians - Wheeler Avenue Anthony Ciotti 78 $ 97,512.00 5/9/2018 - 5/14/2018 Rodney La Verne 909-596-8750 Wheeler Avenue Pavement Rehabilitation Anthony Ciotti 78 $ 690,300.00 6/5/2018 - 8/20/2018 Rodney Glendora Emergency - Juanita Ave 80 $ 29,657.48 2/15/2018 - 2/19/2018 Gilbert Montclair 909-625-9444 Central Avenue Alley Improvements Steve Stanton 80 $ 223,825.00 9/26/2018 - 10/30/2018 Arturo Upland 909-291-2946 Linda Way Reconstruction/Utility Imp #7061 Bob Critchfield 80 $ 356,375.00 8/30/2018 - 12/28/2018 Wayne Covina 626-384-5236 Trip Road Improvement - Phase I Kristen Wegar 81 $ 2,433,358.00 9/25/2018 - 3/4/2019 Gilbert Upland 909-291-2946 San Antonio Pavement Rehabilitation Bob Critchfield 79 $ 536,200.00 8/30/2018- 8/30/2018 Wayne Claremont 909-399-5395 Foothill Boulevard Mast Plan Improvement Vincent Ramos 87/2Bxs $ 13,987,678.00 11 /5/2018 -9/8/2020 Arturo Glendora 626-914-8255 Loraine Avenue Water #1240 Debbie Wood 83 $ 2, 157,500.00 2/6/2019-11/8/2019 Gilbert Glendora 626-914-8216 Lone Hill Avenue Street Improvements #127 4 Bardia Raston 81 $ 840,625.00 3/18/2019 - 4/25/2019 Rodney Glendora 626-335-617 5 CDBG Laxford Street & Vencino Avenue Street Joseph Velosa 80 $ 216,144.36 2/11/2019 - 2/21/2019 Rodney lmprovememts #1277 Jurupa Valley Jurupa Valley Emergency 80 $ 29,657.48 2/15/2109 - 2/19/2019 Rudy Baldwin Park 626-960-4011 Chevalier Drainage Project Sam Gutiereez 81 $ 106,620.00 2/25/2019 - 3/12/2019 Rodney

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Bid Package. South El Monte. Merced Avenue Greenway Project. Project No: 0407 Document Control Page 21 of 479 Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information.

Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive.

The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct.

Notary Public Company
Subscribed and sworn to me: ______ _ Signature: --~-,t;..o!"-------"------- Signature: _____________ _ Title: ~zL,. '[tfh..J
Date: __ __:s_ --.c:.... / _/-_'2- _ 3 ____ _ This __ day of ______ , 20 ___ _ Title: Signature:

Signature: -------------- Title:

Date: -------------- (SEAL)
BID B-12
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

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California Acknowledgment Form
I A notary public or other officer completing this certificate verities onl y the identity of the individ ual who signed the I document to wh ich this certificate is attac hed, and not the truthfulness, accuracy, or validity of that document.

State of Ca lifornia
County of Los Angeles } SS .

On May 11, 2023- -- -- - -- -- - -- -- before me, N. Smith. Notary , (here insert name and title Of the officer) Wayne J. Gentry---------------------------------------- personally appeared----------------------------- who proved to me on the basis of satisfactory evidence to be the person($(whose name(}() is/are subscribed to the within instrument and acknowledged to me that he~~ executed the same in his ~r au-thorized capa m<es), and that by his signature(s) ~)(he instrument the person(s), r the entity upon behalf of which the person(~ acted, executed the instrument.

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

Seal ~~ d official seal
$1gnature of Notary
Optional Information
To help prevent fraud. It is recommended that you provide information about the attached document below ***This 1s not required under Cali fo rnia State notary public la"••• DocumentTitle:N/A-- ---- -- --- -- --- --- ----- - - - --- -- ---- -- - #of Pages: 1 Notes
City of South El Monte - Merced Avenue Greenway Project #0407 0 1014 Golden State Notary. Inc """ Notal) net (888) 263-1977

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Bid Package, South El M1>nte. Merced Avenue Greenway Project, Project No: 0407 Document Control Page 22 of 4 79

REFERENCES FORM
For all public agency projects in excess of $15,000 that you are currently working on or have worked on in the past two (2) years, provide the following information:

Project 1 Name/Number -----+-A-'--T_,_ A_ &_l_-\_cy?'-· ------------- Project Description
Approximate Construction Dates From: To: ------- --------- Agency Name:

Contact Person: ____________ Telephone:

Address: -------------------------------~
Original Contract Amount: $ _______ _ Final Contract Amount: $ ------- If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 2 Name/Number --------------------------
Project Description
Approximate Construction Date From: To: -------
Agency Name:

Contact Person: ____________ Telephone:

Address:

Original Contract Amount: $ _______ _ Final Contract Amount: $ - ------ BID B-13
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

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Phone# - BOX ESTIMATED Date First - Last on OWNER City JOB NAME/LOCATION/ CONTRACT# CONTACT PERSON # CONTRACT Job FOREMAN AMOUNT Walnut 909-594-9702 FY 22-23 Green Streets Project Jason Welday $ 203,975.00 1 /16/2023 - In Progress

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I I Phone# - BOX ESTIMATED Date First - Last on OWNER City JOB NAME/LOCATION/ CONTRACT# CONTACT PERSON # CONTRACT Job FOREMAN AMOUNT Glendora 626-335-617 5 Cullen Avenue Wawter & Street Improvements Joseph Velosa 91 $ 411 ,180.90 1 /31 /2022 - 3/15/2022 Rodney #1317 & #1329 Montclair 909-625-9444 Modular Restroom Facilities Steve Stanton 9/1 /2022 - 9/21 /2022 Wayne Ontario Water Main Replacement PHii $ 6, 733,323.98 TBD Rancho 909-4 77-2730 CDBG Concrete Rehabilitation Kenneth Fung $ 1,378,207.60 5/2/2022 - 2/16/2023 Rodney Cucamonqa Covina Citrus Avenue Rehabilitation Project #P201 O $ 1,430,352.25 9/9/2022 - In Progress Arcadia 626-256-6653 2021/2022 Annual Conrete Repairs #55331022 Jacquelyn Mercado $ 105,730.00 7/22/2022 -8/23/2022 Marcos Pomona 909-620-2238 Street Preservation FY 21-22 #426-68572 Daniel Chung $ 2,335,605.90 7/28/2022 - In Progress Marcos Covina 626-384-5236 Miscellaneous Concrete Project #P2203 Valerie Cortez 91 $ 119,521 .00 5/31 /2022 - 6/23/2022 Richard Downey 562-904-7110 City Yard Maintenance Pavement Rehabilitation #CIP Edward Torres $ 223,405.00 6/23/2022 -7 /13/2022 Wayne 22-24 Covina 626-384-5236 Front Street Water Main Installation $ 1,430,352.25 TBD La Verne Emergency Leal@ Peyton Rd . & D Street $ 11 ,979.51 P0#080822 La Verne Sidewalk Replacement Various Locations P0#34317 $ 99,633.00 8/15/2022 - 8/29/2022 Steve Claremont Claremont Blvd & Monte Vista Accessiblity $ 585,765.00 9/21 /2022 - 1 /3/2023 Wayne lmprovments Project CIP 2021-1 Chino Hills 909-364-2811 Woodview Road Pavement Rehabilitation PHii Deborah Hill $ 320,931 .00 TBD #ST20012 La Verne 909-596-8750 Old Town Streetscape Improvements $ 1,624,894.20 11/14/2022 - In Progress Montclair 909-625-9444 CDBG Taget Area Alley Improvements Steve Stanton $ 976,909.28 12/5/2022 - 1 /31 /2023 Gonzalo Brea 714-671-4450 Country Hills Subdivision Pavement & Water Imp PH $ 2, 125,523.60 2/1/2023 - In Progress JJ Gilnoyola 2 #GIP 7322 Rancho 909-477-2740 22/23 Pavement Rehabilitation $ 4,751 ,061 .00 2/1/2023 - In Progress Cucamonga Rodney Pomona 909-802-7415 Street Rehab - District 4 & 5 - #428-67922 - Fed Micael Lee $ 1,539,544.74 2/8/2023 - In Progress Marcos STPL-50701038 Glendora Bennett Water & Street Improvements TBD
Glendora Cumberland Water & Street Improvements TBD

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I I
Phone# - BOX ESTIMATED Date First - Last on OWNER City JOB NAME/LOCATION/ CONTRACT# CONTACT PERSON # CONTRACT Job FOREMAN AMOUNT Pomona ADA Path of Travel, CDBG #428-6855, ADA Curb Michael Lee 93 $ 1,323,000.00 3/22/20212-11/10/2021 Marcos Ramps #428-67929 El Monte 626-580-2065 Valley Mall & Monterey Kristen Lloyd 88 $ 29,050.00 2/9/2021 - 2/12/2021 Gilbert NA Cal Spas Drainage NA 92 $ 84, 104.00 02/19/2021 - 02/22/2021 Gonzalo Pomona Local Street Preservation 20-21 #428-68562 Daniel Chang 93 $ 1,644,001.44 3/29/2021 - 12/10/2021 Marcos Alhambra 626-570-5015 2020Concrete Repair Improvements #N2M20-161 91 $ 437,260.20 5/3/2021 - 7/13/2021 Gilbert Duarte 626-357-7931 2020-2021 Street Rehabilitation Teresa Renteria 90 $ 343,393.44 4/12/2021 - 5/4/2021 Gilbert West Covina 626-939-8425 FY 20-21 Resential Street Rehabilitation #21020 Miguel Hernandez 93 $ 1,374,712.02 6/1/2021 - 8/10/2021 Gilbert Monterey Atlantic Water Main $ 885,503.40 TERMINATED
Ontario Water Main Replacement PH I Cunthia Torres $ 3,671 ,129.39 9/27/2021 - 10/6/2022 Gilbert Arcadia 626-256-6653 Live Oak Rehabilitation Kevin Merrill 91 $ 1,566,620.23 8/9/2021 -10/13/2021 Gonzalo Alhambra 626-570-5090 Water Main & Street Rehabilitation Lauren Myles $ 981 , 161 .10 2/11/2021 - 7/11/2022 Rodney Covina Street Rehabilitation Rafael Fajardo $ 1,317,227.25 7/30/2021 -11/10/2021 Richard San Dimas 909-394-6248 Covina et al Street Improvement CC2021-03 Shari Garwick 91 $ 1,298,484. 70 9/27/2021 - 3/25/2022 Richard Covina 626-384-5236 Vita Pakt Main Replacement Rafael Fajardo 91 $ 398,060.00 8/19/2021 - 11/24/2021 Gilbert Rancho Romeo David Cucamonga FY 21-22 Pavement Rehabilitation #8002021-02 92 $ 1, 178,830.84 10/25/2021 - 2/22/2022 Wayne Montebello 323-887-1460 Beach Street Pavement Samantha Chenelia $ 926,849.00 4/1 /2022 - 8/22/2022 Richard Upland 909-291-2946 Civic Center Area Paving & ADA Improvements Bob Critchfiled 91 $ 369,993.00 2/23/2022 - 7 /1 /2022 Richard _#82336 &#74004 Chino Hills 909-364-2766 Los Serranos Safe Routes to School East Steve Nix $ 866,872.80 3/7 /2022 - 7 /29/2022 Marcos #ST210005 Chino 909-334-3415 Alley/Sanitation Rehabilitation FY 202-21 @SN-211 Austin Pastovopit $ 1,423,393. 75 3/14/2022 - 217 /2023 Gonzalo Chino Hills 909-364-2862 Saddle Replacement PH 3 - #W17001 Michelle Smith $ 1,183,700.00 8/1 /2022 - 2/3/2023 Montclair 909-625-9444 Zone 5 & 6 Street Rehabilitation #21002 Steve Stanton $ 3,598,603.23 6/15/2022 - In Progress Marcos

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I I Phone# - City JOB NAME/LOCATION/ BOX ESTIMATED Date First - Last on OWNER CONTACT PERSON CONTRACT FOREMAN CONTRACT# # AMOUNT Job Walnut Emergency Work - Lemon Creek 85 $ 14,800.00 1 /8/2020 - 1 /17 /2020 NA Covina 626-384-5236 Trip Road Imp/Phase II Kristen Weger 85 $ 1,728,775.00 2/3/2020 -5/5/2020 Rodney Downey 562-622-3468 Capital Improvement Project #19-04 - Samoline Desi Gutierrez 85 $ 717,800.00 2/3/2020 - 5/19/2020 Gilbert Avenue La Verne 909-596-8750 Emergency - Channel Crossings Anthony Ciotti 85 $ 26,000.00 1/27/2020 - 01/30/2020 Gilbert Baldwin Park 626-960-4011 Maine Avenue - PH I Sam Gutierrez 84 $ 1,715,418.60 3/9/2020 - 6/30/2020 Art/Marcos Baldwin Park 626-960-4011 ATP Cycle 3 Pacific Ave. Sam Gutierrez 88 $ 2,112,094.90 5/13/2020 - 10/2/2020 Marcos West Covina 626-939-8425 FY 2019-20 Residential Street Rehabilitaion Miguel Hernandez 89 $ 969,070.55 6/1 /2020 - 6/12/2020 Rodney Sierra Madre 626-355-7135 FY 2019-20 Street Improvement Bruce Inman 85 $ 443,940.10 412012020 - 5/19/2020 Rodney Diamond Bar 909-839-7010 CDBG Area 1 Curb Ramp Project #60106919 Tommye Gribbins 89 $ 129,820.00 6/8/2020 - 7/21/2020 Gonzalo Pomona Street Preservation - #428-68561 FY19-20 90 $ 1,866,732.42 612412020 - 12/23/2020 Rodney Rancho 909-477-270 2019/20 Arterial Pavement Rehabilitation - #800 Shelley Hayes 91 $ 856,368.00 8/20/2020 - 11 /6/2020 Wayne Cucamonga 2017-11 Covina Badillo Street Rehabilitayion - #P1901-W2003 88 $ 2,484,067.00 8/3/2020 -1/27/2021 Gonzalo Baldwin Park 626-960-4011 Morgan Park Parking Lot - City Project#CIP20- Sam Gutierrez 90 $ 390,920.00 5/13/2020 - 912212020 Marcos 163 Claremont 909-399-5459 Guardrail Replacement Michelle Gonzales 89 $ 48,500.00 712212020 - 8/19/2020 Wayne Chino FY 15/16 Alley Reconstruction $ 1,816,952.85 12/7/2020 -10/4/2021 Gonzalo Montclair 909-625-9444 Holt Boulevard Pavement Rehabilitation Steve Stanton 89 $ 886,393.28 10/5/2020 - 11 /17 /2020 Rodney Covina 626-384-5236 Concrete Repairs Kristen Weger $ 156,737.50 10/5/2020 - 10/30/2020 Gonzalo Industry Temple Ave Dual Right Turn CITY-1458 91 $ 498,028.00 1/13/2021 - 3/19/2021 Rodney La Verne "D" Street Overlay Parkway Renovation 90 $ 98,718.00 12/7 /2020 - 12/22/2020 Gonzalo Upland Alley & Access Road lmprovevements 91 $ 803,780.60 121712020 - 5/4/2021 Gilbert/Marcos #880118802/8803/86001 Brea Country Lane Street Rehabilitation 91 $ 279,738.24 1/13/2021 - 2/1 1/2021 Gonzalo Downey Telegraph Road Throughput & Safety Jasmine Fakhouri $ 6,322,707.13 5/3/2021 - 3/4/2022 Rodney Enhancements

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I I
Phone# - BOX ESTIMATED Date First - Last on OWNER City JOB NAME/LOCATION/ CONTRACT# CONTACT PERSON # CONTRACT Job FOREMAN AMOUNT Baldwin Park 626-960-4011 City Project #2018-0269 Various Locations Sam Gutierrez 81 $ 1,757,175.50 3/28/2019 - 5/22/2019 Rudy La Verne 909-596-8750 2018-19 Pavment Management Program Anthony Ciotti 81 $ 579,638.20 2/27/2019- 3/21/2019 Rodney Sierra Madre 626-355-7135 FY 2018-19 Street Improvement Bruce Inman 85 $ 654,709.25 4/22/2019 - 6/28/2019 Rodney El Monte NA Emergency Work - Valve Replacement Tyler & Irish NA $ 14,653.33 3/1/2019 - 3/1/2019 Gilbert Jurupa Valley Jurupa Valley - Emergency Culvert Repair Steve Loriso 80 $ 29,657.48 2/15/2019 - 2/19/2019 Rudy La Verne 909-596-8750 2018-19 PMP Various Locations Anthony Ciotti 83 $ 425,802.50 4/29/2019 -5/14/2019 Steve La Verne 909-596-8750 CDBG Sidewalk Project #1401123 Anthony Ciotti 81 $ 98,800.00 5/27/2019- 6/7/201 9 Steve La Verne 909-596-8 7 50 Baseline Road Anthony Ciotti 83 $ - 6/11/2019 - 6/21/2019 Marcos Pomona 909-802-7415 Street Preservation/ Local and Alleys Steve Enna $ 3,995,744.00 6/17/2019 -10/30/2019 Rudy/Pomona Montclair 909-625-9444 San Jose Street Rehaiblitation - #17022 Steve Stanton 83 $ 286,929.00 7/1/2019 - 7/29/2019 Marcos Walnut 909-594-9702 La Puente Road Rehabilitation - #178975 Jason Welday/RKA 84 $ 593,622.50 7/1/19 - 10/21/2019 Rodney San Dimas 909-934-6248 Avenida Entrada Street Improvements Brandon Slater 85 $ 897,998.00 8/5/2019-11/26/2019 Rodney City of Industry 626-333-2211 Resurfacing of Don Julian Road Kristen Weger $ 806,400.00 10/26/2020 - 01 /01 /2022 Rodney City of Baldwin 626-960-4011 SB1 Puente Avenue Street Improvements Sam Gutierrez 84 $ 1,071 ,867.00 11 /18/2019 - 3/14/2020 Gilbert Park City of Duarte 626-357-7931 Removal of Barriers for ADA Ramps Teres Renteria 85 $ 41 ,080.00 12/2/2019-12/17/2019 Rodney City of Chino Hills 909-364-2766 Los Serra nos Transit #S 19001 Steven Nix 84 $ 397,210.00 1 /6/2020 -5/19/2020 Rodney City of South 626-403-7240 Alpha Ave/Melva Street Improvement Kevin Ko 89 $ 1,698,910.00 412812020 - 10/27 /2020 Gilbert Pasadena City of Montebello 323-887-1200 Beverly Boulevard Improvements Roberta Lacayo 90 $ 739,951 .20 5/11 /2020 - 612512020 Rodney City of Industry 626-333-2211 Annual Street Rehabilitaiton #CIP-STR-19-043-B Gerry Perez 89 $ 420,492.00 212612020 - 912212020 Marcos City of Montclair 909-625-9444 Emergency Road Work Steve Stanton 89 $ 110,000.00 1/8/2020 - 1/20/2020 Gilbert

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I I Phone# - City JOB NAME/LOCATION/ CONTACT ESTIMATED Date First - Last on OWNER BOX# CONTRACT FOREMAN CONTRACT# PERSON AMOUNT lob Covina 626-384-5236 Cypress Reservoir Drainage lmprovemets Kristen Wegar 78 $ 97,680.00 4/18/2018 -5/1112018 David Baldwin Park 626-960-4011 Residential Street Rehabilitation - #2018-0220 Sam Gutiereez 83 $ 653,070.00 4/3/2018 - 5/29/18 Rodney LACDPW 626-458-3111 Ballentine PL et al - Project #RDC0015528 Harry Cong 82 $ 4,600,159.75 6/13/2018 - 2/8/2019 Rodney Glendora 626-914-8216 Pasadena Avenue Street Rehabilitaiton #1243 Harutyun Mesopyah 78 $ 168,712.10 3/19/2018 - 4/9/2018 Steve Covina 626-384-5236 Grand Avenue Water Line Upgrade Kristen Wegar 79 $ 1,289,295.00 4/3/2018- 1 0/9/2016 Gilbert Glendoira 626-335-6175 Auto Centre Dr/Amelia Avenue lmpprovement Joseph Velosa 78 $ 896,840.00 4/3/2018 -5/29/2018 Arturo Project #1183/#1202 Whittier 562-567-9500 18-011 Hoover Avenue Water Main Sunny Ng 82 $ 1,513,600.00 71212018 - 2/8/2019 David Replacement Montclair 909-625-9444 Zone 4 Montclair Street Rehabilitaion Steve Stanton 80 $ 3,696,445.00 5/14/2018- 12/27/2018 Arturo La Verne 909-596-8750 "E" Street "8" Water Main Anthony Ciotti 79 $ 773,658.00 6/11 /2018- 10/2/2018 David La Verne 909-596-8750 2017-2018 CDBG Sidewalk Improvements Anthony Ciotti 79 $ 54,600.00 4/30/2018 - 5/8/2018 Rodney La Verne 909-596-8750 Island Medians - Wheeler Avenue Anthony Ciotti 78 $ 97,512.00 5/9/2018 - 5/14/2018 Rodney La Verne 909-596-8750 Wheeler Avenue Pavement Rehabilitation Anthony Ciotti 78 $ 690,300.00 6/5/2018 - 8/20/2018 Rodney Glendora Emergency - Juanita Ave 80 $ 29,657.48 2/1 5/2018 - 2/19/2018 Gilbert Montclair 909-625-9444 Central Avenue Alley Improvements Steve Stanton 80 $ 223,825.00 9/26/2018 - 10/30/2018 Arturo Upland 909-291 -2946 Linda Way Reconstruction/Utility Imp #7061 Bob Critchfield 80 $ 356,375.00 8/30/2018 - 12/28/2018 Wayne Covina 626-384-5236 Trip Road Improvement - Phase I Kristen Wegar 81 $ 2,433,358.00 9/25/2018 - 3/4/2019 Gilbert Upland 909-291-2946 San Antonio Pavement Rehabilitation Bob Critchfield 79 $ 536,200.00 8/30/2018- 8/30/2018 Wayne Claremont 909-399-5395 Foothill Boulevard Mast Plan Improvement Vincent Ramos 87/2Bxs $ 13,987,678.00 11 /5/2018 -9/8/2020 Arturo Glendora 626-914-8255 Loraine Avenue Water #1240 Debbie Wood 83 $ 2, 157,500.00 2/6/2019 - 11 /8/2019 Gilbert Glendora 626-914-8216 Lone Hill Avenue Street Improvements #1274 Bardia Raston 81 $ 840,625.00 3/18/2019 - 4/25/2019 Rodney Glendora 626-335-6175 CDBG Laxford Street & Vencino Avenue Street Joseph Velosa 80 $ 216,144.36 2/11/2019 - 2/21/2019 Rodney lmprovememts #1277 Jurupa Valley Jurupa Valley Emergency 80 $ 29,657.48 2/15/2109 - 2/1 9/2019 Rudy Baldwin Park 626-960-4011 Chevalier Drainage Project Sam Gutiereez 81 $ 106,620.00 2/25/2019 - 3/12/2019 Rodney

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Bid Package. South El Monte. Merced Avenue Greenway Project. Project No: 0407 Document Control Page 23 of 479 If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or
Circle one: Yes
any
No
Subcontractor, file any claims
Did the Agency file any claims against you? Circle one: Yes against the Agency?
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 3 Name/Number --------------------------
Project Description
Approximate Construction Dates From: _____ __ To: _______ _ AgencyName: ---------------------------- ---
Contact Person: _____________ Telephone:

Address:

Original Contract Amount: $ _______ _ Final Contract Amount: $ ------- If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or
Circle one: Yes
any
No
Subcontractor, file any claims against
Did the Agency file any claims against you? Circle one: Yes 6) the Agency?
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

BID B-14
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

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Bid Package. South El Monte. Merced Avenue Greenway Project, Project No: 0407 Document Control Page 24 of 4 79 Project 4 Name/Number ------------------ -------
Project Description
Approximate Construction Dates From: To: -------
Agency Name:

Contact Person: ____________ Telephone:

Address:

Original Contract Amount: $ ___ ____ _ Final Contract Amount: $ ------- If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or ubcontractor ,
Circle one: Yes L/ file any claims against the Agency?
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 5 Name/Number --------- -------------- ---
Project Description
Approximate Construction Oates From: To: -------
Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ ___ ____ _ Final Contract Amount: $ ------- If final amount is different from original amount, please explain (change orders, extra work, etc.).

BID B-15
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

Page 600 of 719 ends

Bid Package. South El Monte. Merced Avenue Greenway Project. Project No: 0407 Document Control Page 25 of 4 79 Did you or ~ Subcontractor,
Circle one: Yes V file any claims against the Agency?
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 6 Name/Number -------------------------
Project Description
Approximate Construction Dates From: To: -------
Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ _______ _ Final Contract Amount: $ ------- If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or a~Subcontractor,
Circle one: Yes ~
file any claims against the Agency?
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

BID B-16
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

Page 601 of 719 ends

Bid Package. South El Monte. Merced Avenue Greenway Project. Project No: 0407 Document Control Page 26 of 4 79 RESUME
Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Project.

BID B-17
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

Page 602 of 719 ends

GBI
GENTRY BROTHERS, INC.

General Engineering Contractor

STATEMENT OF EXPERIENCE
Steve Gentry Construction Superintendent
Mr. Gentry, President and Construction Superintendent of Gentry Brothers, Inc. Mr. Gentry has been with Gentry Brothers, Inc. for over 35 years. Mr. Gentry supervises, directs or performs in a wide variety of Public Improvement Projects. Mr. Gentry has been involved in a multitude of projects and maintains close contact with all active contracts, attending meetings regularly with various agencies. Mr. Gentry has extensive experience in street, storm drain, sewer and water improvement projects; including cold recycle, cement treated base, lean concrete base, pump stations, water transmission lines and water distribution systems. Mr. Gentry is experienced and brings a wealth of knowledge in municipal and water district level issues; having worked with most agencies throughout Los Angeles County, San Bernardino County and Orange County.

Jason Roehrborn Project Manager
Mr. Roehrborn has over 15 years' experience as a Project Manager specializing in design and construction management of street, storm drain, and water; including resource management in Southern California. Mr.

Roehrborn worked with the City of Glendora's Engineer Division for 12 years on multiple Capital Improvement Projects. Mr. Roehrborn joined Gentry Brothers, Inc. in January 2017. Mr. Roehrborn is currently the Project Manager on the Telegraph Road Traffic Throughput in the City of Downey, 2020-21 Citywide Street Improvements in the City of Pomona, Alley Street and Water Improvements in the City of Chino, Citywide Concrete Improvements in the City of Alhambra, and Water Main Replacement Project in the City of Ontario. Mr. Roehrborn has considerable experience in a variety of civil engineering projects, including street and water system master planning, water treatment facilities, reservoirs, pump stations, water transmission lines and water distribution systems. 384 E. LIVE OAK AVENUE, IRIWINDALE, CA 91706 I 626-357-9631 I FAX 626-357-6322

Page 603 of 719 ends

Bid Package. South El Monte. Merced Avenue Greenway Project. Project No: 0407

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
Document Control Page 27 of 4 79
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under which CSLB License DIR Contractor Address and Type of Work Percentage of Subcontractor is Number(s) and Registration Phone Number (e.g., Electrical} Total Bid (e.g., Licensed Class( es) Number 10%)'
and Registered
So,,,.,\-\~~ 1-S~ Bb \ \()Oe>e>OISZ..6 eoe~9ec.- ~""(.

C.AL.'~~'~ L ~-ox ll:)r~t= "f!,,,.x."' 0 I:,. 4 °10 L,..~T.>S '-~~' c.,...<.,..~.,,,,.,~~, ~,...~. c...A
SVft:'~ •1Z- 5 3 l'l.. ( '7Pf<5 ~ (7--...J e-M ~ 'T'° ~C?-'-0v--><? \. \ Ok, f-+h)Ob ,.oc:Joo 11..\ rt. ,....~tc::1,..,;C..,J Cyp-1cs5,~ · The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b ).

Contractor shall perform, with its own organization (rather than with Subcontractors), Work amounting to at least fifty one percent (51 %) of the Contract Price.

BID B-18
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID"

Page 604 of 719 ends

Bid Package. South El Monte, Merced Avenue Greenway Project. Project No: 0407 Document Control Page 28 of 4 79

INDUSTRIAL SAFETY RECORD FORM
Bidder's Name __ G_E_NT_RY_B_R_OTH_ ER_S_IN_C _________ _ Current
Year of 2021 2020 2019 2018 2017 Total
Record
Number of contracts /~ L(tJ t/( ?/f ?(L., {.;( 0 Z)/
Total dollar amount of
contracts (in thousands of

2.j,1001 2 'I,,"" z.,9~oi 50,eoo c:."? >, ' " <) dollars) !lr~ /~~·~ Number of fatalities (?r er- G- C>-- .e- 0- 9-
Number of lost workday cases <2' tr {/ c;J- _{)- ff eNumber of lost workday cases .ff-' involving permanent transfer to another job or termination 6 rY ~ C5 (}:J- ~
of employment
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records.

Signature: __ ____,~-~-----
Title:

Date: ---------'----"'----------~
BID B-19
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

Page 605 of 719 ends

Bid Package, South El Monte, Merced Avenue Greenway Project, Project No: 0407 Document Control Page 29 of 479 Bond No. N/A
---- BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of South El Monte ("City"), has issued an invitation for Bids for the Work described as follows: Merced Avenue Greenway Project
WHEREAS ____ G_e_n~t~~B_r_ot_he_r_s_ln_c_-_3_84_E_L_iv_e_O_ak_A_v_e_nu_e_l_rw_in_d_a_le_C_A_9_1_70_6 ________ _ (Name and address of Bidder)
("Principal"), desires to submit a Bid to City for the Work.

WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids.

NOW, THEREFORE, we, the undersigned Principal, and _____________ _ _ Federal Insurance Company - 555 South Flower St. , 3rd Floor, Los Angeles, CA 90071 (Name and address of Surety)
("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of------ --------- Ten percent of the total bid amount
Dollars ($ 10% ), being not less than ten percent
(10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the City and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845.

BID B-20
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

Page 606 of 719 ends

Bid Package, South El Monte, Merced Avenue Greenway Project, Project No: 0407 Document Control Page 30 of 479 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated: May 9, 2023
"Principal" "Surety"
Gentry Brothers, Inc. Federal Insurance Company
By: By:

Its: Its:

By: By:

I~ : I~ :

Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

BID B-21
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION " BID"

Page 607 of 719 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 truthfulness, accuracy, or validity of that document.

State of California
Countyof ____ _ O_r_a_ng_e _____ _
On MAY 0 9 2 0 2 3 before me, _____ A_de_l_a_id_e_C_. _H_u_n_te_r_, _N_o_ta_ry_P_u_b_li_c _____ _ Date Here Insert Name and Title of the Officer
peraon~~ appe~ed _ ____ ___ __ R~y_a_n_B_u_tt_e_rt_a_s ________ ________ _ Name(s) of Signer(s)
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.

Place Notary Sea/ Above
Signature __ .,.. ±kJ9 _,_~-~-------- Signature of Notary Public ---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____ ________ Document Date: _ _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ----------·--- Signer's Name: ____________ _ 0 Corporate Officer - Title(s): ______ _ D Corporate Officer - Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______ ____ ____ _ 0 Other: ______________ _
Signer Is Representing: _________ _ Signer Is Representing: _ ________ _ l~~,,.:,\40GK,~::;:<:>.~~~.:.« .. "Y<)Q(;>v;:&~~.:,'<::;J..;..W"Q<XX::~~~--'9.'C~-+;:K;:'~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907

Page 608 of 719 ends

CH U ss·
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pen nsylvania, do each hereby constitute and appoint Ryan Butterfas, Linda D. Coats, Matt hew J. }:oats and Summer Reyes of Laguna Hills, California---------------------------- each as th eir true and lawful Atto rney-i n-Fact to execute under such designation in their names and to affix their corporate seals tn and deliver fo r and on their hehalf as surety thereon or otherwise, bonds an d underta kings and other writi ngs obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.

In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affi xed their corporate seals on this 18th day of November, 2021.

D~'f~ ~ fa4M.~ Olwn M. Chl0t-o>, A!'BistJnt Secret;iry

STATE OF NEW JERSEY
County of Hunterdon SS.

Stephm M. llaney. Vice Prt'Sidmt
On this 18<h day pf N<1vember, 2021 before me, a Notary Public of New jersey, personally came f)awn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary anti Vice President. respectively, ofl'EDERAL IN SU RAN CE COMPANY, VJGI LANT INSURANCE COMPANY. l' Cl lC INDEMNITY COMPANY, WESTCHESTER FIRE INSU RA NCE COMPANY and ACE AM ERICAN INSURANCE COMPAN Y, the companies which executed the fo regoing Power of Attorney. and the said Dawn M. Ch loros and Stephen M. Haney. bei ng by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice Presi dent, respectively. of FEDERAL INSURANCE COMPANY. VI GILANT INSURANCE COMPANY, PACIFIC INDEMN ITY COMPAN Y. WESTCHESTER FIRE INSURA NCE COMPAN Y and ACE AMElllCAN INSURANCE COMPANY and know the corporate seals th ereof. that the seals affixed to the foregoi ng Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority.

Notarial Seal KATHERINE J . ADELAAR
T~Y PUBLIC OF NEW JERSEY
No . 231(11588
0armi1 .. 1on ExJ>ITT>s July 1e. 2024

CERT IFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COM PANY. VIG ILANT INSURAN CE COMPANY, and PACI FIC INDEMN ITY COMPANY on August 30, 2016; WESTCHESTER FIRE INS URANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
•RESOLVED, that the following authorizations relate to the execution. for and on behalf of the Company, of bonds. undertakings. recognizances, contracts and other written commitments of the Company entered Into in the ordinary course of business (each a ·w ritten Commitment"):
(1 ) Each of Lhe Chairman, the President and the Vice Presiden ts of the Company is hereby authorize::<l to execute any Written Commitment for and on behalf of the Company, under l.he se<JI or the Company or otherwlu.
(2) Each duly appointed attorney-In-fact of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action ls authori1.ed by the grant or powers provided for In such person's written appointment as such attorney-in-fact (3) Each of Lhe Chairman, the President and the Vice Presidents of Lhe Company ls hereby <iulhorized, for and on behalf of the Comp;;tny, to appoint in writing <my person the attorney-infact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Com1>any or otherwise, such Written Commitments of the Company as may be specified In such written appointment, which specification may be by general type or class of Written Commitments or by specificc:ition of one or more particular Written Commitments.
(4J Each of the Chairman, the President and the Vice Presidents of the Company is hereby authoriicd, for and on behalf of the Company, to delegate in writing to any other offi cer of the Company the authority to execute. for and on behalf of the Company, under the Company's seal or otherwise, such Written Com mioncnts ofthe Company as arc specified In such Wlittcn delegation, which specification may be by general type or class of Written Commitments or by spedficat1011 of one or more particular Written Commitments. (S} The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such W ritten Commitment or written appointment or delegation.

FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not lhnlt or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FED ERAL INSURANCE COMPANY, VI GILANT INSURANCE COMPANY, PACI FIC IN DEM NITY COMPANY, WESTCH ESTER FIRE INSURA NCE COMPANY and ACF. AMERICAN INSURA NCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutio ns adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the fo regoing Power of Attorney is true, corrett and in full fo rce and efTett.

Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 9th day of May, 2023. ~'ff\ ~
ll:iwn M. Chluru;. Assistant Sl.'Cl"t.iaff
IN THE EVENT YOU WISH TO VERIFY THE /\UTHENTJCITY Of THIS BOND OR NOTIFY US OF /\NY OTH ER MATIER. PLEASE CONTACT US AT:

Tele hone 90R 903- 149~ Fax 908 903· 3656 e-mail: ~urc @chuhh.com Combined: FEO-VIG-Pl-WFIC-AAIC (rev. 11-19)

Page 609 of 719 ends

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

State of California
County of Los Angeles } SS.

On May 11 , 2023----------- ---- before me, N. Smith. Notary (here insert name and title of the officer) personally appeared Wayne J · Gentry- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - who proved to me on the basis of satisfactory evidence to be the person($( whose name(}() is/are subscribed to the within instrument and acknowledged to me that he~ executed the same in his~r au-thorized capa~es) , and that by his signature(s) c*Xhe instrument the person(s), ~r the entity upon behalf of which the person(!ij 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.

Seal , 3~and and official seal.
•• M v' Signature of Notary . SMITH I ] Moi.ry ,ubllc • tlltfl!m1a I ·. ~ot Ant•l11 County ] • Commt11fon # 2J60'490 • . My Comm. Ex;llM ~n 9. 2025 I
Optional Information
To he lp prevent fra ud, it is recommended that you provide information about the attached document bc o, . ***This is !lQ1 required under Cali form a State notary public law.••• Document Title: Bid Bond- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - #of Pages: 1 Notes
City of South El Monte - Merced A venue Greenway Project #0407 ©20 14 Golden State Notary, Inc. www.Notary.net ( 888) 263-1977

Page 610 of 719 ends

Bid Package. South El Monte. Merced Avenue Greenway Project. Project No: 0407

NONCOLLUSION DECLARATION FORM

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
(Public Contract Code Section 7106)
The undersigned declares:

Document Control Page 31 of 4 79
I am the SZL f f ltf. ~ Bid.
of __ G_ENTR _ Y_B_Rb_TH_E_RS_IN_c __ , the party making the foregoing The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid , and will not pay, any Person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ~ -/ / '~3 [date], at

11.,().J ~ c..,c [city], C. ~ [state].

Signature: Signature:

Printed Name: ,,, ~ .. ,,_ .., 'fl)~ 6 tJ,.._, r. · ~..&.-~__,.~~~-+-'--'--=--I Printed Name: ~~~~~~~~~~~ Date: .:S-- / f , ?---3 Date:

This form must be notarized.

BID B-22
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "BID"

Page 611 of 719 ends

California Acknowledgment Form
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, acc urac , or validit of that document.

State of California
County of Los Angeles } SS.

On May 11, 2023--------------- before me, N. Smith. Notary (here insert name and title of the officer) personally appeared Wayne J · Gentry- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - who proved to me on the basis of satisfactory evidence to be the person($(whose name(.K) is/are subscribed to the within instrument and acknowledged to me that he~ executed the same in his~~r au-thorized capa~es) , and that by his signature(s) ~)(he instrument the person(s), ~r the entity upon behalf of which the person(~ 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.

Seal d official seal.
1············ @ M.SMJTH l Signature of Notary
I
- Notary Public • Calffornf:
, Lot Ant•l~s County I Commission 1 23~90 -
· •v '°"'"'· Expfrts Jun 9, 2025
Optional Information
To help prevent fraud, it is recommended that you provide information about the attached document bclo\\'. ***This is not required under California State notary public law.••• D tT.tl Non - Collusion Declaration---------------- # f p acumen 1 e:______________________ o ages:_~_ 1 Notes
City of South El Monte - Merced A venue Greenway Project #0407 ©2014 Golden State Notary. Inc. www.Notary.net ( 888) 263- 1977

Page 612 of 719 ends

ATTACHMENT C

Page 613 of 719 ends

Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization/Demobilization and Clean-up 1 LS $500,000.00 $500,000.00 $550,247.00 $550,247.00 $500,000.00 $500,000.00 $668,343.00 $668,343.00 $798,000.00 $798,000.00 $603,318.00 $603,318.00 $500,000.00 $798,000.00 2 Traffic Control and Traffic Control Plan 1 LS $1,561,129.00 $1,561,129.00 $200,000.00 $200,000.00 $400,000.00 $400,000.00 $206,503.00 $206,503.00 $1,374,000.00 $1,374,000.00 $748,326.40 $748,326.40 $200,000.00 $1,561,129.00 3 Construction Sequencing Plan 1 LS $20,000.00 $20,000.00 $5,000.00 $5,000.00 $75,000.00 $75,000.00 $27,535.00 $27,535.00 $7,000.00 $7,000.00 $26,907.00 $26,907.00 $5,000.00 $75,000.00 4 Stormwater Pollution Prevention Plan (SWPPP)
Development and Implementation 1 LS $20,000.00 $20,000.00 $80,000.00 $80,000.00 $200,000.00 $200,000.00 $68,834.00 $68,834.00 $148,000.00 $148,000.00 $103,366.80 $103,366.80 $20,000.00 $200,000.00 5 Survey and Resetting of Monuments/Centerline
Ties
1 LS $30,000.00 $30,000.00 $120,000.00 $120,000.00 $100,000.00 $100,000.00 $68,834.00 $68,834.00 $362,000.00 $362,000.00 $136,166.80 $136,166.80 $30,000.00 $362,000.00 6 Project Signage 2 EA $1,000.00 $2,000.00 $750.00 $1,500.00 $62,500.00 $125,000.00 $6,883.00 $13,766.00 $1,800.00 $3,600.00 $14,586.60 $29,173.20 $750.00 $125,000.00 7 Clearing and Grubbing 1 LS $600,000.00 $600,000.00 $35,000.00 $35,000.00 $275,000.00 $275,000.00 $68,834.00 $68,834.00 $297,000.00 $297,000.00 $255,166.80 $255,166.80 $35,000.00 $600,000.00 8 Remove Tree 5 EA $1,500.00 $7,500.00 $900.00 $4,500.00 $5,000.00 $25,000.00 $3,442.00 $17,210.00 $900.00 $4,500.00 $2,348.40 $11,742.00 $900.00 $25,000.00 9 Relocate Sign & Post 12 EA $300.00 $3,600.00 $350.00 $4,200.00 $356.25 $4,275.00 $365.00 $4,380.00 $300.00 $3,600.00 $334.25 $4,011.00 $300.00 $4,380.00 10 Asphalt Pavement Removal (Including
Aggregate Base) 1 LS $195,000.00 $195,000.00 $1,483,000.00 $1,483,000.00 $1,344,000.00 $1,344,000.00 $619,509.00 $619,509.00 $1,298,000.00 $1,298,000.00 $987,901.80 $987,901.80 $195,000.00 $1,483,000.00 11 Sidewalk Removal 4,304 SY $40.00 $172,160.00 $20.00 $86,080.00 $12.50 $53,800.00 $74.00 $318,496.00 $73.00 $314,192.00 $43.90 $188,945.60 $12.50 $318,496.00 12 Concrete Curb & Gutter Removal 6,730 LF $10.00 $67,300.00 $12.00 $80,760.00 $81.25 $546,812.50 $28.00 $188,440.00 $28.00 $188,440.00 $31.85 $214,350.50 $10.00 $546,812.50 13 Concrete Spandrel Removal 1,901 SF $10.00 $19,010.00 $6.00 $11,406.00 $18.75 $35,643.75 $11.00 $20,911.00 $11.00 $20,911.00 $11.35 $21,576.35 $6.00 $35,643.75 14 Concrete Cross Gutter Removal 543 SF $10.00 $5,430.00 $10.00 $5,430.00 $18.75 $10,181.25 $11.00 $5,973.00 $11.00 $5,973.00 $12.15 $6,597.45 $10.00 $10,181.25 15 Excavation 4,556 CY $50.00 $227,800.00 $95.00 $432,820.00 $125.00 $569,500.00 $124.00 $564,944.00 $258.00 $1,175,448.00 $130.40 $594,102.40 $50.00 $1,175,448.00 16 Type A1-6 Curb 3,563 LF $50.00 $178,150.00 $32.00 $114,016.00 $106.25 $378,568.75 $48.00 $171,024.00 $67.00 $238,721.00 $60.65 $216,095.95 $32.00 $378,568.75 17 Type A2-6 Curb & Gutter 2,059 LF $65.00 $133,835.00 $68.00 $140,012.00 $156.25 $321,718.75 $69.00 $142,071.00 $81.00 $166,779.00 $87.85 $180,883.15 $65.00 $321,718.75 18 Driveway Curb & Gutter 1,357 LF $65.00 $88,205.00 $32.00 $43,424.00 $156.25 $212,031.25 $69.00 $93,633.00 $81.00 $109,917.00 $80.65 $109,442.05 $32.00 $212,031.25 19 Cross Gutter 1 EA $1,000.00 $1,000.00 $10,000.00 $10,000.00 $31,250.00 $31,250.00 $6,883.00 $6,883.00 $6,000.00 $6,000.00 $11,026.60 $11,026.60 $1,000.00 $31,250.00 20 Landscape Curb 224 LF $40.00 $8,960.00 $90.00 $20,160.00 $43.75 $9,800.00 $96.00 $21,504.00 $56.00 $12,544.00 $65.15 $14,593.60 $40.00 $21,504.00 21 4" PCC Concrete Buffer 1 LS $35,000.00 $35,000.00 $40,000.00 $40,000.00 $31,250.00 $31,250.00 $117,018.00 $117,018.00 $49,000.00 $49,000.00 $54,453.60 $54,453.60 $31,250.00 $117,018.00 22 12" Pedestrian Strip 2,688 LF $17.00 $45,696.00 $55.00 $147,840.00 $3.75 $10,080.00 $96.00 $258,048.00 $64.00 $172,032.00 $47.15 $126,739.20 $3.75 $258,048.00 23 4" Planter Curb 720 LF $35.00 $25,200.00 $35.00 $25,200.00 $81.25 $58,500.00 $55.00 $39,600.00 $59.00 $42,480.00 $53.05 $38,196.00 $35.00 $58,500.00 24 Pedal Safe Curb 3,835 LF $40.00 $153,400.00 $30.00 $115,050.00 $93.75 $359,531.25 $55.00 $210,925.00 $62.00 $237,770.00 $56.15 $215,335.25 $30.00 $359,531.25 25 Monolithic Wall Extension at Bio-Planters 1 LS $620,000.00 $620,000.00 $1,431,000.00 $1,431,000.00 $12,500.00 $12,500.00 $437,786.00 $437,786.00 $349,000.00 $349,000.00 $570,057.20 $570,057.20 $12,500.00 $1,431,000.00 26 Curb Opening with Splash Pad 102 EA $1,200.00 $122,400.00 $600.00 $61,200.00 $1,250.00 $127,500.00 $688.00 $70,176.00 $1,100.00 $112,200.00 $967.60 $98,695.20 $600.00 $127,500.00 27 4" PCC Sidewalk 1 LS $225,000.00 $225,000.00 $390,000.00 $390,000.00 $1,198,750.00 $1,198,750.00 $429,526.00 $429,526.00 $536,000.00 $536,000.00 $555,855.20 $555,855.20 $225,000.00 $1,198,750.00 28 Curb Extension (Planter) 4 EA $1,000.00 $4,000.00 $6,000.00 $24,000.00 $2,500.00 $10,000.00 $3,442.00 $13,768.00 $3,900.00 $15,600.00 $3,368.40 $13,473.60 $1,000.00 $24,000.00 29 ADA Sidewalk Curb Ramp 18 EA $7,000.00 $126,000.00 $3,700.00 $66,600.00 $12,500.00 $225,000.00 $9,637.00 $173,466.00 $6,400.00 $115,200.00 $7,847.40 $141,253.20 $3,700.00 $225,000.00 30 Driveway Apron 63 EA $3,000.00 $189,000.00 $6,000.00 $378,000.00 $625.00 $39,375.00 $6,539.00 $411,957.00 $7,800.00 $491,400.00 $4,792.80 $301,946.40 $625.00 $491,400.00 31 4" PCC Bikeway 1 LS $335,000.00 $335,000.00 $400,000.00 $400,000.00 $721,250.00 $721,250.00 $316,638.00 $316,638.00 $698,000.00 $698,000.00 $494,177.60 $494,177.60 $316,638.00 $721,250.00 32 ADA Bikeway Curb Ramp 20 EA $5,000.00 $100,000.00 $3,000.00 $60,000.00 $6,250.00 $125,000.00 $9,637.00 $192,740.00 $7,400.00 $148,000.00 $6,257.40 $125,148.00 $3,000.00 $192,740.00 33 Crushed Miscellaneous Base (CMB) 686 TON $18.00 $12,348.00 $125.00 $85,750.00 $100.00 $68,600.00 $96.00 $65,856.00 $129.00 $88,494.00 $93.60 $64,209.60 $18.00 $88,494.00 34A 4” Conventional Asphalt Concrete Pavement 1,645 TON $94.00 $154,630.00 $160.00 $263,200.00 $186.25 $306,381.25 $172.00 $282,940.00 $164.00 $269,780.00 $155.25 $255,386.25 $94.00 $306,381.25 34B 1” Asphalt Rubber Hot Mix (ARHM) 411 TON $115.00 $47,265.00 $185.00 $76,035.00 $210.00 $86,310.00 $220.00 $90,420.00 $156.00 $64,116.00 $177.20 $72,829.20 $115.00 $90,420.00 35 Crushed Aggregate Base (CAB) 4,318 TON $32.00 $138,176.00 $90.00 $388,620.00 $125.00 $539,750.00 $110.00 $474,980.00 $73.00 $315,214.00 $86.00 $371,348.00 $32.00 $539,750.00 36A 2.5" Grind & 1.5” AC Leveling Course 968 TON $155.00 $150,040.00 $230.00 $222,640.00 $241.25 $233,530.00 $289.00 $279,752.00 $184.00 $178,112.00 $219.85 $212,814.80 $155.00 $279,752.00 36B 1” Asphalt Rubber Hot Mix (ARHM) Overlay 646 TON $115.00 $74,290.00 $185.00 $119,510.00 $210.00 $135,660.00 $220.00 $142,120.00 $156.00 $100,776.00 $177.20 $114,471.20 $115.00 $142,120.00 37 Bioretention with Underdrain 1 LS $300,000.00 $300,000.00 $494,000.00 $494,000.00 $430,000.00 $430,000.00 $158,319.00 $158,319.00 $729,000.00 $729,000.00 $422,263.80 $422,263.80 $158,319.00 $729,000.00 38 Bioretention without Underdrain 1 LS $300,000.00 $300,000.00 $250,000.00 $250,000.00 $290,000.00 $290,000.00 $48,184.00 $48,184.00 $586,000.00 $586,000.00 $294,836.80 $294,836.80 $48,184.00 $586,000.00 39 High Infiltration Bioretention Area (FocalPoint) 1 LS $300,000.00 $300,000.00 $125,000.00 $125,000.00 $275,000.00 $275,000.00 $688,343.00 $688,343.00 $648,000.00 $648,000.00 $407,268.60 $407,268.60 $125,000.00 $688,343.00 40 Extended Infiltration Chamber Below Permeable
Pavers
1 LS $300,000.00 $300,000.00 $300,000.00 $300,000.00 $253,038.58 $253,038.58 $1,376,686.00 $1,376,686.00 $52,000.00 $52,000.00 $456,344.92 $456,344.92 $52,000.00 $1,376,686.00 41 Grated Catch Basin 6 EA $7,500.00 $45,000.00 $20,000.00 $120,000.00 $18,750.00 $112,500.00 $16,520.00 $99,120.00 $12,000.00 $72,000.00 $14,954.00 $89,724.00 $7,500.00 $120,000.00 42 Cleanout 29 EA $1,100.00 $31,900.00 $800.00 $23,200.00 $3,750.00 $108,750.00 $2,753.00 $79,837.00 $1,600.00 $46,400.00 $2,000.60 $58,017.40 $800.00 $108,750.00 43 Permeable Pavers 1 LS $360,000.00 $360,000.00 $1,210,000.00 $1,210,000.00 $829,750.00 $829,750.00 $2,065,029.00 $2,065,029.00 $1,723,000.00 $1,723,000.00 $1,237,555.80 $1,237,555.80 $360,000.00 $2,065,029.00 44 R-Tank Conveyance Piping 1 LS $35,000.00 $35,000.00 $110,000.00 $110,000.00 $100,000.00 $100,000.00 $440,540.00 $440,540.00 $6,000.00 $6,000.00 $138,308.00 $138,308.00 $6,000.00 $440,540.00 45 Non-bioretention Planter Area 1 LS $30,000.00 $30,000.00 $120,000.00 $120,000.00 $19,202.50 $19,202.50 $192,736.00 $192,736.00 $874,000.00 $874,000.00 $247,187.70 $247,187.70 $19,202.50 $874,000.00 46 Underdrain Pipe 1 LS $35,000.00 $35,000.00 $90,000.00 $90,000.00 $112,500.00 $112,500.00 $68,834.00 $68,834.00 $73,000.00 $73,000.00 $75,866.80 $75,866.80 $35,000.00 $112,500.00 47 18" RCP Pipe 1 LS $90,000.00 $90,000.00 $100,000.00 $100,000.00 $275,000.00 $275,000.00 $55,067.00 $55,067.00 $79,000.00 $79,000.00 $119,813.40 $119,813.40 $55,067.00 $275,000.00 48 Grated Curb Inlet at High Infiltration
Biofiltration Areas (Rain Guardian or Approved
Equal)
9 EA $5,000.00 $45,000.00 $3,500.00 $31,500.00 $3,750.00 $33,750.00 $11,358.00 $102,222.00 $3,500.00 $31,500.00 $5,421.60 $48,794.40 $3,500.00 $102,222.00 49 Junction Structure 5 EA $10,000.00 $50,000.00 $4,000.00 $20,000.00 $6,250.00 $31,250.00 $10,325.00 $51,625.00 $5,800.00 $29,000.00 $7,275.00 $36,375.00 $4,000.00 $51,625.00 50 Storm Drain Maintenance Hole 2 EA $1,500.00 $3,000.00 $6,000.00 $12,000.00 $3,750.00 $7,500.00 $16,520.00 $33,040.00 $9,600.00 $19,200.00 $7,474.00 $14,948.00 $1,500.00 $33,040.00 51 Underdrain Pipe Penetration, Tap, and Manhole
Tap
8 EA $2,500.00 $20,000.00 $3,500.00 $28,000.00 $3,750.00 $30,000.00 $10,325.00 $82,600.00 $3,200.00 $25,600.00 $4,655.00 $37,240.00 $2,500.00 $82,600.00 52 Remodel Existing Catch Basin 6 EA $6,000.00 $36,000.00 $8,000.00 $48,000.00 $3,750.00 $22,500.00 $10,325.00 $61,950.00 $8,700.00 $52,200.00 $7,355.00 $44,130.00 $3,750.00 $61,950.00 53 Remodel Sidewalk Culvert 3 EA $4,500.00 $13,500.00 $4,000.00 $12,000.00 $3,750.00 $11,250.00 $6,883.00 $20,649.00 $7,000.00 $21,000.00 $5,226.60 $15,679.80 $3,750.00 $21,000.00 54 Stop Bar (12" Wide) 1 LS $1,800.00 $1,800.00 $4,000.00 $4,000.00 $2,070.00 $2,070.00 $5,417.00 $5,417.00 $4,000.00 $4,000.00 $3,457.40 $3,457.40 $1,800.00 $5,417.00 55 Stop Pavement Marking 1 LS $8,000.00 $8,000.00 $3,300.00 $3,300.00 $9,101.25 $9,101.25 $4,337.00 $4,337.00 $3,200.00 $3,200.00 $5,587.65 $5,587.65 $3,200.00 $9,101.25 56 Continental Crosswalk Marking 1 LS $17,000.00 $17,000.00 $25,000.00 $25,000.00 $18,781.25 $18,781.25 $34,896.00 $34,896.00 $26,000.00 $26,000.00 $24,335.45 $24,335.45 $17,000.00 $34,896.00 57 Bicycle Stop Pavement Marking 1 LS $3,400.00 $3,400.00 $800.00 $800.00 $3,862.50 $3,862.50 $984.00 $984.00 $800.00 $800.00 $1,969.30 $1,969.30 $800.00 $3,862.50 58 White Bicycle Lane Pavement Marking 1 LS $5,500.00 $5,500.00 $2,800.00 $2,800.00 $6,416.25 $6,416.25 $3,690.00 $3,690.00 $3,000.00 $3,000.00 $4,281.25 $4,281.25 $2,800.00 $6,416.25 59 Red Curb Paint 1 LS $2,000.00 $2,000.00 $2,600.00 $2,600.00 $2,125.00 $2,125.00 $3,400.00 $3,400.00 $2,500.00 $2,500.00 $2,525.00 $2,525.00 $2,000.00 $3,400.00 60 White Double Line Bike Lane Edge Striping 1 LS $6,800.00 $6,800.00 $3,400.00 $3,400.00 $7,725.00 $7,725.00 $4,405.00 $4,405.00 $3,400.00 $3,400.00 $5,146.00 $5,146.00 $3,400.00 $7,725.00 61 Conflict Striping at Intersections 1 LS $33,000.00 $33,000.00 $13,000.00 $13,000.00 $36,892.50 $36,892.50 $17,036.00 $17,036.00 $13,000.00 $13,000.00 $22,585.70 $22,585.70 $13,000.00 $36,892.50 62 Parking Lane Striping 1 LS $5,900.00 $5,900.00 $7,000.00 $7,000.00 $2,250.00 $2,250.00 $8,818.00 $8,818.00 $7,000.00 $7,000.00 $6,193.60 $6,193.60 $2,250.00 $8,818.00 63 Center Turn Lane Pavement Marking 1 LS $2,200.00 $2,200.00 $2,400.00 $2,400.00 $7,907.50 $7,907.50 $3,201.00 $3,201.00 $3,000.00 $3,000.00 $3,741.70 $3,741.70 $2,200.00 $7,907.50 64 Center Turn Lane Striping 1 LS $7,000.00 $7,000.00 $11,000.00 $11,000.00 $562.50 $562.50 $14,689.00 $14,689.00 $11,000.00 $11,000.00 $8,850.30 $8,850.30 $562.50 $14,689.00 65 Traffic & Wayfinding Signage 27 EA $600.00 $16,200.00 $500.00 $13,500.00 $1,250.00 $33,750.00 $1,170.00 $31,590.00 $500.00 $13,500.00 $804.00 $21,708.00 $500.00 $33,750.00 66 15-Gallon Tree & Deepwell Irrigation 40 EA $600.00 $24,000.00 $800.00 $32,000.00 $382.50 $15,300.00 $1,033.00 $41,320.00 $460.00 $18,400.00 $655.10 $26,204.00 $382.50 $41,320.00 67 15-Gallon Tree 93 EA $250.00 $23,250.00 $600.00 $55,800.00 $335.00 $31,155.00 $688.00 $63,984.00 $240.00 $22,320.00 $422.60 $39,301.80 $240.00 $63,984.00 68 Tree Pit Structural Root System 1 LS $34,000.00 $34,000.00 $500,000.00 $500,000.00 $37,500.00 $37,500.00 $309,754.00 $309,754.00 $485,000.00 $485,000.00 $273,250.80 $273,250.80 $34,000.00 $500,000.00 69 Soil Preparation 1 LS $10,000.00 $10,000.00 $35,000.00 $35,000.00 $18,630.00 $18,630.00 $55,067.00 $55,067.00 $16,000.00 $16,000.00 $26,939.40 $26,939.40 $10,000.00 $55,067.00 70 Shrubs, Grasses, & Groundcover 1 LS $40,000.00 $40,000.00 $130,000.00 $130,000.00 $38,875.00 $38,875.00 $106,005.00 $106,005.00 $65,000.00 $65,000.00 $75,976.00 $75,976.00 $38,875.00 $130,000.00 71 Irrigation Point of Connection (Including Meter
& Backflow) 1 LS $15,000.00 $15,000.00 $40,000.00 $40,000.00 $47,750.00 $47,750.00 $27,534.00 $27,534.00 $11,000.00 $11,000.00 $28,256.80 $28,256.80 $11,000.00 $47,750.00 72 Irrigation Controllers and Miscellaneous
Equipment
4 EA $7,000.00 $28,000.00 $3,000.00 $12,000.00 $3,500.00 $14,000.00 $27,534.00 $110,136.00 $3,400.00 $13,600.00 $8,886.80 $35,547.20 $3,000.00 $110,136.00 73 Shrub & Groundcover Irrigation 1 LS $400,000.00 $400,000.00 $420,000.00 $420,000.00 $407,500.00 $407,500.00 $147,994.00 $147,994.00 $298,000.00 $298,000.00 $334,698.80 $334,698.80 $147,994.00 $420,000.00 74 Utility Adjustments, Protection, and
Coordination 1 LS $7,000.00 $7,000.00 $20,000.00 $20,000.00 $62,500.00 $62,500.00 $123,902.00 $123,902.00 $259,000.00 $259,000.00 $94,480.40 $94,480.40 $7,000.00 $259,000.00 75 Monitoring Equipment Pads 2 EA $6,000.00 $12,000.00 $500.00 $1,000.00 $6,250.00 $12,500.00 $6,883.00 $13,766.00 $2,900.00 $5,800.00 $4,506.60 $9,013.20 $500.00 $13,766.00 76 Operation & Maintenance Manuals 1 LS $1,500.00 $1,500.00 $2,500.00 $2,500.00 $37,500.00 $37,500.00 $13,767.00 $13,767.00 $1,500.00 $1,500.00 $11,353.40 $11,353.40 $1,500.00 $37,500.00 77 Record Drawings 1 LS $2,000.00 $2,000.00 $7,000.00 $7,000.00 $37,500.00 $37,500.00 $13,767.00 $13,767.00 $2,000.00 $2,000.00 $12,453.40 $12,453.40 $2,000.00 $37,500.00 $9,098,474.00 $12,160,000.00 $13,340,693.58 $14,089,583.00 $16,872,719.00 $13,112,293.92 Apparent Low
Bidder 1
Apparent Low
Bidder 2
Apparent Low
Bidder 3
Apparent Low
Bidder 4
Apparent Low
Bidder 5
$9,098,474.00 $12,160,000.00 $13,340,693.58 $14,089,583.00 $16,872,719.00 $9,248,474.00 $12,160,000.00 $13,340,693.58 $14,110,100.00 $16,872,719.00 -$150,000.00 $0.00 $0.00 -$20,517.00 $0.00

7.50% 7.60% 0.00% 0.65% 15.80%
Southern California
Landscape Inc. 6.40% BC Traffic Specialist 0.10% ChrisP Company 0.65% A.M. Concrete 12.80% Superior Pavement
Markings 1.10% Cal Stripe 0.60% Kato 2.50%
Onyx Paving 4.90% Chrisp 0.50%
Farly Interlocking
Pavers 2.00%
Nationwide General
Construction

YES YES

1. BID TABULATION

BID TABULATION
Apparent Low Bidder 1 Apparent Low Bidder 5

HIGHEST UNIT

BID PRICE
Gentry Brothers Excel Paving

LOWEST UNIT

BID PRICE
Bid Item and Description
PROJECT NAME: MERCED AVENUE GREENWAY PROJECT, PROJECT NO: 0407

AVERAGE BID VALUES
Apparent Low Bidder 4
Access Pacific
Apparent Low Bidder 2
Los Angeles Engineering Inc.

Apparent Low Bidder 3
TOTAL BID AMOUNT IN NUMBERS:

BID RANKING

TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES

TOTAL BID AMOUNT INDICATED BY BIDDER

CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY

CONTRACTOR BASED ON CALCULATED BID AMOUNT
YES

YES YES

SUBCONTRACTORS
SUBCONTRACTOR % AND AMOUNT SHOWN IN THE BID
DID THE BIDDER MEET MAX 49% SUB CONTRACTOR (MIN 51% WORK BY

PRIME CONTRACTOR) REQUIREMENT

IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTS
YES
D:\Dropbox (Transtech Engineers)\JOBRECRD\2020\20786 SEM MERCED AVE GREENWAY BID PACKAGE\WIP\24.BID ANALYSIS (REBID)\0.0 BID ANALYSIS, SEM, MERCED AVENUE GREENWAY PROJECT, REBID, PROJECT NO 0407BID TABULATION 1 of 4 Bid Analysis, Merced Avenue Greenway Project Document Control Page 1 of 32

Page 614 of 719 ends

APPARENT LOW BID AMOUNT: $9,098,474.00

REVIEW RESULT CHECKED BY DATE
YES CITY CLERK 5/12/23
YES CITY CLERK 5/12/23
YES DW 5/12/23
NO DW 5/27/22
NO DW 5/12/23
PRIME CONTRACTOR LICENSE STATUS: Gentry Brothers 397682 DW 5/12/23 PRIME CONTRACTOR DIR REGISTRATION STATUS: Gentry Brothers 1000002240 DW 5/12/23 SUBCONTRACTOR LICENSE STATUS: Southern California
Landscape Inc. 753861 DW 5/12/23
SUBCONTRACTOR DIR REGISTRATION STATUS: Southern California Landscape Inc. 1000001528 DW 5/12/23
SUBCONTRACTOR LICENSE STATUS: Superior Pavement Markings 776306 DW 5/12/23 SUBCONTRACTOR DIR REGISTRATION STATUS: Superior Pavement Markings 1000001476 DW 5/12/23

PRIME CONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS: Gentry Brothers NOT FOUND IN ACTIVE DEBARRED LIST DW 5/27/22

PRIME CONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS: Gentry Brothers NOT FOUND IN ACTIVE DEBARRED LIST DW 5/27/22

SUBCONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS:

Southern California
Landscape Inc. NOT FOUND IN ACTIVE DEBARRED LIST DW 5/27/22

SUBCONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS:

Southern California
Landscape Inc. NOT FOUND IN ACTIVE DEBARRED LIST DW 5/27/22

SUBCONTRACTOR DEBARMENT STATUS FROM STATE
CONTRACTS: Superior Pavement Markings NOT FOUND IN ACTIVE DEBARRED LIST DW 5/27/22

SUBCONTRACTOR DEBARMENT STATUS FROM FEDERAL
CONTRACTS: Superior Pavement Markings NOT FOUND IN ACTIVE DEBARRED LIST DW 5/27/22 COMPLETED DW 5/27/22
ANY APPARENT DISCREPANCY IN THE SUBMITTAL:

TOTAL BID PRICES CALCULATED CORRECTLY: Total calculated bid off by $149,970.00

2. REVIEW OF APPARENT LOW BID
APPARENT LOW BID SUBMITTED BY: Gentry Brothers

ITEM REVIEWED/CHECKED REMARKS
BID STAMPED AS RECEIVED PRIOR BID TIME:

BID BOND IN PROPER AMOUNT:

ALL ADDENDA ACKNOWLEDGED:

Print-out from DIR Web Page attached
(https://efiling.dir.ca.gov/PWCR/Search)
Print-out from SAM Web Page attached
(https://www.sam.gov/SAM/)
REFERENCE CHECK ACCEPTABLE: References have been contacted and left VM for call back.

Print-out from DIR Web Page attached
(https://efiling.dir.ca.gov/PWCR/Search)
Print-out from DIR Web Page attached
(http://www.dir.ca.gov/dlse/debar.html)
Print-out from CLSB Web Page attached
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Print-out from CLSB Web Page attached
Print-out from DIR Web Page attached
D:\Dropbox (Transtech Engineers)\JOBRECRD\2020\20786 SEM MERCED AVE GREENWAY BID PACKAGE\WIP\24.BID ANALYSIS (REBID)\0.0 BID ANALYSIS, SEM, MERCED AVENUE GREENWAY PROJECT, REBID, PROJECT NO 0407REVIEW OF APPARENT LOW BID 2 of 4 Bid Analysis, Merced Avenue Greenway Project Document Control Page 2 of 32

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REFERENCE PROJECT OWNER AND

REFERENCE NAME

TELCONTRACT AMOUNTDATE COMPLETEDDID THE CONTRACTOR DO QUALITY WORKDID THE CONTRACTOR STAY ON SCHEDULEDID THE CONTRACTOR ASK FOR UNNECESSARY CHANGE ORDERSDID THE CONTRACTOR FILE CLAIMS AGAINST YOUWILL YOU HIRE THE CONTRACTOR AGAIN

REMARKS
FY 22-23 GREEN

STREETS PROJECT
City of Walnut, Jason
Welday 909-594-9702 $203,975.00 TBD Y Y N N Y DW 5/15/2023 CDBG Concrete
Rehabilitation
Rancho Cucamonga,
Kenneth Fung
909-477-2740
X4139 $1,378,207.60 2/16/2023 Y Y N N Y
Material shortages, but they caught up on
schedule. very helpful and cooperative at precon
meetings, worked well with city system of installing
slabs.

DW 5/15/2023
Street Preservation FY 21-
22 Pomona, Daniel Chung 909-620-2238 $2,335,605.90 TBD Y Y N N Y DW 5/24/2023 City Yard Maintenance
Pavement Rehabilitation #CIP
22-24
City of Downey, Edward
Torres 562-904-7110 $223,405.00 7/13/2022 Y Y N N Y DW 5/15/2023

3. REFERENCE CHECK OF APPARENT LOW BIDDER
Gentry Brothers

REFERENCE DATA FOR APPARENT LOW BIDDER

REFERENCE CHECK FOR APPARENT LOW BIDDER

CHECKED BY
DATE
Answer "YES" if satisfied or "NO" if not satisfied
D:\Dropbox (Transtech Engineers)\JOBRECRD\2020\20786 SEM MERCED AVE GREENWAY BID PACKAGE\WIP\24.BID ANALYSIS (REBID)\0.0 BID ANALYSIS, SEM, MERCED AVENUE GREENWAY PROJECT, REBID, PROJECT NO 0407REF CHECK 3 of 4 Bid Analysis, Merced Avenue Greenway Project Document Control Page 3 of 32

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Gentry Brothers
$9,098,474.00

4. LOWEST RESPONSIVE BID
LOWEST RESPONSIVE BID SUBMITTED BY:

IN THE AMOUNT OF:

D:\Dropbox (Transtech Engineers)\JOBRECRD\2020\20786 SEM MERCED AVE GREENWAY BID PACKAGE\WIP\24.BID ANALYSIS (REBID)\0.0 BID ANALYSIS, SEM, MERCED AVENUE GREENWAY PROJECT, REBID, PROJECT NO 0407LOWEST RESPONSIVE BID 4 of 4
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01257.0006/903844.2

ATTACHMENT D

PUBLIC WORKS AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
GENTRY BROTHERS, INC.

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01257.0006/903844.2

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
GENTRY BROTHERS, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this day of 2023 by and between the CITY OF SOUTH EL MONTE, a municipal corporation (“City”) and GENTRY BROTHERS, INC., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

C. Pursuant to the South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this

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Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified

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in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor 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 forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all

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actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor 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 scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided

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either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

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Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of

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equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Nine Million Ninety Eight Thousand Four Hundred Seventy Four Dollars and Zero Cents ($9,098,474.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,

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and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in

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the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding July 25, 2025 from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

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Wayne J. Gentry ___________ Secretary, Treasurer _______ (Name) (Title)
Jason Roehrborn __________ Project Manager __________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Rene Salas or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge,

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supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, 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 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 the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services

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to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium

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paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to 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.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

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(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

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(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:

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(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor

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Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted

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documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other

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appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

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7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $2,500 (Two Thousand Five Hundred Dollars) as liquidated damages for each calendar day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be

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such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

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.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, 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. § 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 related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

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-23-
01257.0006/903844.2
ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

Page 669 of 719 ends

-24-
01257.0006/903844.2

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

Page 670 of 719 ends

-25-
01257.0006/903844.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
____________________________________
Rene Salas, City Manager
ATTEST:

Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONTRACTOR:

GENTRY BROTHERS, Inc., a California
corporation
By:

Name: Wayne J. Gentry
Title: Secretary/Treasurer
By:

Name:

Title:

Address: 384 Live Oak Avenue
Irwindale, CA 91706
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Page 671 of 719 ends

01257.0006/903844.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01257.0006/903844.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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01257.0006/903844.2 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Merced Avenue Greenway Project, including any documents or exhibits referenced therein and attached hereto as Exhibit A-1 II. Brief description of the work to be performed:

The work involves roadway resurfacing, reconstruction of concrete curb ramps, sidewalks, curb, and gutter and the installation of decentralized Low Impact Development (LID) and Best Management Practices (BMPs) within the street right-of-way that slow, capture, treat, and infiltrate storm water runoff. Work also includes installation of striping and pavement markings to incorporate bike lanes on Merced Avenue between Rush Street and Lerma Road.

III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:

A. Project Baseline Schedule
B. Project Look ahead Schedule (3 weeks look ahead) Updates IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

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01257.0006/903844.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
.

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01257.0006/903844.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:

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01257.0006/903844.2 C-2
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the amount provided in Section 2.1 of this Agreement.

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01257.0006/903844.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:

The Contractor shall complete all work within 300 working days of the issuance of the Notice to Proceed.

II. Contractor shall deliver the following tangible work products to the City by the following dates.

N/A.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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01257.0006/903844.2 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded to GENTRY BROTHERS, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: MERCED AVENUE GREENWAY PROJECT;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)

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01257.0006/903844.2 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

Page 680 of 719 ends

01257.0006/903844.2

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded to GENTRY BROTHERS, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: MERCED AVENUE GREENWAY PROJECT;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) 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/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Page 681 of 719 ends

01257.0006/903844.2
Executed on , 20____.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

Page 682 of 719 ends

01257.0006/903844.2

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of SOUTH EL MONTE
Project: Merced Avenue Greenway Project
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)

Page 683 of 719 ends

01257.0006/903844.2
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

Page 684 of 719 ends

01257.0006/903844.2

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

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01257.0006/903844.2
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)

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01257.0006/903844.2
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

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01257.0006/903844.2

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

Page 688 of 719 ends

01257.0006/903844.2
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of SOUTH EL MONTE
1415 Santa Anita Avenue
SOUTH EL MONTE, California 91733

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page)

Page 689 of 719 ends

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

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01257.0006/903844.2

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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01257.0006/903844.2

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of SOUTH EL MONTE
1415 Santa Anita Avenue
SOUTH EL MONTE, California 91733

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

Page 692 of 719 ends

01257.0006/903844.2
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

Page 693 of 719 ends

City Council Agenda Report
Agenda Item No. 11.a.

DATE: July 25, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: DESIGNATION OF VOTING DELEGATE AND ALTERNATES,

LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE &
EXPO, SEPTEMBER 20-22, 2023, SACRAMENTO,

CALIFORNIA
SUMMARY: The League of California Cities 2023 Annual Conference & Expo is scheduled for September 20-23, 2023, in Sacramento, California. In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternates.

RECOMMENDED ACTION: Staff recommends City Council appoint a Delegate and up to two Alternates to allow the City the right to cast one vote on matters pertaining to League policy.

FISCAL/FINANCIAL IMPACT: Funds have been budgeted for FY 23-24 in account #01- 100-1010-5910 Conference/Seminars.

DISCUSSION: Each year at the annual conference business meeting (during the General Assembly), Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

ATTACHMENT(S):

A. Letter, Annual Voting Procedures, and Voting Form

Page 694 of 719 ends

ATTACHMENT A

Page 695 of 719 ends

Page 696 of 719 ends

Page 697 of 719 ends

Page 698 of 719 ends

Page 699 of 719 ends

City Council Agenda Report
Agenda Item No. 11.b.

DATE: July 25, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-84, WAIVING DEAN L. SHIVELY PARK RENTAL FEE,

COMMUNITY CENTER AMPHITHEATER RENTAL FEE, AND
DEAN L. SHIVELY PARK LIGHT FEES FOR THE SOUTH EL

MONTE AMERICAN SOCCER YOUTH ORGANIZATION'S
2023/2024 SEASON BEGINNING AUGUST 14, 2023 AND
ENDING FEBRUARY 28, 2024
SUMMARY: The South El Monte American Soccer Youth Organization (AYSO) is requesting facility fee waivers for the use of the Dean L. Shively fields and the South El Monte Community Center Amphitheater. AYSO is also requesting that the City Council consider waiving the park light fees.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-84, waiving Lean L. Shively Park rental fee, Community Center rental fee, and Dean L.

Shively Park light fees for the South El Monte American Soccer Youth Organization's 2023/2024 Season.

FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fees in the amount of $50,600.00 and AYSO is responsible for the remaining costs including, but not limited to, light fees, staff fees, etc.

If the City approves waiving the light fees, an estimated cost of approximately $8,400.00 will have to be allocated from the General Fund.

Please find below the fees associated with the facility reservation fee waiver request:

Fees Waived
Description Units Total
Dean L. Shively Park
Rental Fee
$50.00 per hour x 1, 008.00
hours
$50,400.00

Page 700 of 719 ends

Community Center
Amphitheater Rental Fee
$50.00 per hour x 4 hours $200.00
Total Fees Waived: $50,600.00
Non- Waived Fees
Description Units Total
Dean L. Shively Park Light
Fees
$30.00 per hour x 280.00 $8,400.00
Dean L. Shively Park
Damage Deposit
$500.00 $500.00
Community
Center Ampitheater Staff
Time
$16 per hour x 2 staff x 4
hours
$128.00
Community Center
Ampitheater Dame Depsoit
$500.00 $500.00
Total Non-Waived Fees: $9,528.00
DISCUSSION: The City has supported AYSO for over 25 years. The non-profit organization is composed of 100% volunteers who serve the City by providing a soccer league for children between the ages of three (3) and nineteen (19). In addition, AYSO added a new program for the 2023/2024 season called AYSO EPIC (Every Player In Our Community). The program is designed to focus on the Special Needs player. AYSO is requesting a fee waiver in the amount of $50,400.00 for the use of Dean L. Shivley Park field to host their 2023/2024 season beginning August 14, 2023 to February 29, 2024. They will host practices Monday to Friday from 5:00 p.m. to 9:00 p.m. and games on Saturdays from 9:00 a.m. to 3:00 p.m. AYSO is also requesting a fee waiver in the amount of $200.00 for the use of the Community Center Amphitheater on Sunday, December 10, 2023 from 9:00 a.m. to 1:00 p.m. to host their season-ending banquet.

Additionally, AYSO is requesting that the City Council consider waiving the park light fees in the amount of $8,400.00. for the upcoming season.

According to the current Facility Reservation Regulation and Fee Schedule, community partners and non-profit organizations are permitted fee waiver requests which solely cover the facility's rental fees. All other fees related to the reservation, including but not limited to, lighting, marking, etc. are the responsibility of the organization. The City Council has the discretion to approve or deny any request not approved in the Facility Reservation Regulation and Fee Schedule.

ATTACHMENT(S):

A. Resolution No. 23-84
B. AYSO 2023/2024 Fee Waiver Request Letter
C. Facility Reservation Applications For AYSO

Page 701 of 719 ends

01257.0001/907547.1 Page 1 of 4

ATTACHMENT A
RESOLUTION NO. 23-84

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
WAIVING DEAN L. SHIVELY PARK RENTAL FEE,

COMMUNITY CENTER AMPHITHEATER RENTAL FEE,
AND DEAN L. SHIVELY PARK LIGHT FEES FOR THE SOUTH
EL MONTE AMERICAN SOCCER YOUTH ORGANIZATION’S
2023/2024 SEASON BEGINNING AUGUST 14, 2023 AND
ENDING FEBRUARY 28, 2024
WHEREAS, the South El Monte American Soccer Youth Organization (“AYSO”) is a non-profit organization composed of volunteers who serve the City by providing a soccer league for children between the ages of three (3) and nineteen (19); and WHEREAS, recreational soccer, the activity that AYSO provides, is known to provide various physical health benefits, mental health benefits, and improve the overall wellbeing of the City’s children between the ages of three (3) and nineteen (19); and WHEREAS, the City of South El Monte (the “City”) would need to spend a significant amount of public dollars to provide the same type of recreational service that AYSO provides to the City’s children between the ages of three (3) and nineteen (19); and WHEREAS, the City’s current Facility Reservation Regulation and Fee Schedule permits non-profit organizations to be granted facility rental fee waivers and the City Council has the discretion to grant any additional fee waiver requests; and WHEREAS, supporting recreational soccer, through achieving the many benefits that it provides to the City’s youth, is in the best interests of the City, the City would like to support AYSO’s provision of recreational services to the City’s children between the ages of three (3) and nineteen (19)

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Council hereby agrees to waive the facility rental fees, itemized in Exhibit “A” to this Resolution, in the amount of $50,600 for AYSO’s 2023/2024 season beginning August 14, 2023 and ending February 28, 2024.

SECTION 3. The City hereby agrees to waive the Dean L. Shively Park Light Fees, itemized in Exhibit “A” to this Resolution, of $8,400 for AYSO’s 2023/2024 season beginning August 14, 2023 and ending February 28, 2024.

Page 702 of 719 ends

01257.0001/907547.1 Page 2 of 4
SECTION 4. The City Council hereby authorizes the City of South El Monte to waive payment in the amount of $59,000 from AYSO for facility rental and Dean L. Shively Park light fees as detailed in Section 2 and 3 above.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 25th day of July 2023.

_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________________
Donna G. Schwartz, City Clerk

Page 703 of 719 ends

01257.0001/907547.1 Page 3 of 4

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 23-84 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 25th day of July 2023, and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):
________________________________
Donna G. Schwartz, City Clerk

Page 704 of 719 ends

01257.0001/907547.1 Page 4 of 4
EXHIBIT “A”
Shively
Shively Park Light

Page 705 of 719 ends

ATTACHMENT B
July 10, 2023
City of South El Monte
Madam Mayor
And City Council
Council
I would like to take the opportunity to thank you for all your support for the past 25+ years. We are a nonprofit organization with 100% volunteers. With your help we have been able to provide a world class youth soccer program that enrich children’s lives. As this is our Vision Statement, to our South El Monte community.

Our region provides soccer programs for Children from ages 3 to 19. We provide extensive training for our coaches with different tiers of training depending on the age group. We have a top-notch Referee training program that begins with a basic understanding up to a National Level Badge. We provide all this training at no cost to our volunteers. In addition, we have added a New Program for our 2023-2024 Season.

AYSO EPIC (Every Player In our Community) is specifically designed to focus on the Special Needs player.

Please see attached Link. https://youtu.be/rB6VG8J46qo
As our 2023-2024 season will begin August 1, 2023, I request your continue support of our Program. We request that you permit us the use of Shively Middle School Park, its lights, and the Community Center Amphitheater, at no cost.

Thank you again for your support.

Sincerely
Lisa V. Ducharme, RC
Region 908 South El Monte/El Monte

Page 706 of 719 ends

ATTACHMENT C
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us

RECREATION SERVICES FACILITY & PARK

RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
____________ Field
____________ Picnic Area
Shively Park
_____X_______ Field
____________ Picnic Area
Date of Event: August 14, 2023
to February 29,
2024
Day(s): Monday to Saturdays Estimated
Attendance:
__100______
Purpose of Event/Function: Youth Soccer League Practices and Games Reservation Time Mon to Fri: 5:00 pm__ to 9:00 pm Set up Time: to Reservation Time Saturday: _9:00 am_ to _3:00 pm__ Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type? ______________________________________ Will food be served? Yes If yes, name of caterer?
Will alcohol be served? No
Portable Stage needed? No
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

I have read, signed and agree to comply with the Facility Rules and Regulations.

APPLICANT INFORMATION
Name: Lisa Ducharme Organization/Business: AYSO South El Monte Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

Page 707 of 719 ends

Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________

Page 708 of 719 ends

City of South El Monte Recreation Services Department
APPLCIANT NAME: AYSO South El Monte______________________ ______ DATE OF USE: 8/14/23 to 2/29/23____ FACILITY: Dean L. Shively Park Field _________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 1,008 Hours $ 50,400.00 Light Fee $ 30 Per Hour x 280 Hours $ 8,400
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $ 500.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ Na
ABC Permit Agency will provide $ NA
TOTAL: $ 58,800.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: ______________

Page 709 of 719 ends

City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us

RECREATION SERVICES FACILITY & PARK

RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room _x__ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
____________ Field
____________ Picnic Area
Shively Park
____________ Field
____________ Picnic Area
Date of Event: December 10, 2023 Day(s): Sunday Estimated Attendance:
__150______
Purpose of Event/Function: AYSO Season Banquet
Reservation Time: 9:00 am__ to 1:00 pm Set up Time: to
Reservation Time Saturday: to _ Clean up Time: to
Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type? ______________________________________ Will food be served? Yes If yes, name of caterer?
Will alcohol be served? No
Portable Stage needed? No
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

I have read, signed and agree to comply with the Facility Rules and Regulations.

APPLICANT INFORMATION
Name: Lisa Ducharme Organization/Business: AYSO South El Monte Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

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City of South El Monte Recreation Services Department
APPLCIANT NAME: AYSO South El Monte______________________ ______ DATE OF USE: 12/10/23____ FACILITY: __Community Center Amphitheater _________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Facility Rental Fee $ 50 Per Hour x 4 Hours $ 200.00
Staffing Fee $ 16 Per Hour x 2 Staff x 4 Hours $ 128.00 Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ 300.00
Damage Deposit $ 500.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: $ 1,128.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

Page 711 of 719 ends

CITY BUILDINGS POLICY AND PROCEDURES
City of South El Monte (“City”) Facilities may be used for recreation, social, educational, or governmental functions. The City reserves the right to cancel any reservation at a moment’s notice if the facility is needed by the City. However, reasonable effort will be made to relocate/reschedule the event. The City reserves the right of full access to all activities at any time during their occurrence to see that all rules, regulations, and City, State, and Federal Laws are not violated.

Facility use does not suggest City endorsement or sponsorship of any event. Applicant’s publicity of event shall clearly and accurately identify the name of the sponsoring organization or individual.

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

APPLICATION PROCESS:

1. Applicant must be at least 21 years of age. Proof of residency for City residents is required at time of application.

2. A facility is not considered rented until (1) applicant delivers to the City the facility Rental Application and Agreement, rental fee, deposit(s), and any other items deemed necessary by the City; and (2) the City’s Recreation Department Supervisor or his/her designee in his/her sole discretion, approves such rental in writing.

3. The approval process takes a maximum of 14 working days. DO NOT advertise your event or print invitations prior to receiving written approval.

4. Reservations will not be accepted more than one year or less than 30 days in advance of date requested.

5. Time requested must include decorating, event and clean-up time.

6. Clean-up, Damage and Security deposits are due at time of application. Full fees must be paid 30 days prior to the event to avoid termination of application. Payments can be made by cash, check, money order, or credit card. Checks must be made payable to the “City of South El Monte”.

7. For events involving the general public, the applicant is required to procure Special Event Liability Insurance. The applicant shall furnish to the City appropriate certificates of public liability and property damage insurance in the amount of $1,000,000.00 naming the City as an additional insured under the policy. Such insurance shall be maintained and kept in force during all such times that the applicant uses the City Facilities. All insurance certificates required above shall provide that such certificates shall not be cancelled or materially changed without at least 30 days’ prior written notice to the City.

APPLICANT RESPONSIBILITIES:

1. Applicant must be present during the entire event.

2. All activities must cease, and the facility completely vacated by 1:00 a.m. Amplified music must be terminated no later than 12:00 a.m. (midnight).

3. The group must appear within 30 minutes of time specified or permit will be cancelled and all fees forfeited.

4. Applicant cannot exceed the number attending on the application.

5. Activities for minors must be supervised by responsible adults on the ration of at least one adult for every 20 minors.

6. Applicant must secure services of at least two private security guards for supervision of teenage (ages 13-20) events.

Security services will be added into total fees.

7. Groups using kitchen facilities shall furnish own dishes, silverware, cooking utensils, towels, soap, ice, serving trays, etc.

8. Applicant is responsible for facility clean-up. Facility must be left in a reasonably clean condition (as determined by the City) to receive a full deposit refund.

9. Applicant must conduct a walkthrough of the facility with staff prior to and at the conclusion of the event to review the condition of the facility. The Facility Condition Report must be signed to receive a deposit refund.

10. Applicant is responsible for the supervision of small children. They must remain in the reserved area.

DECORATIONS/SET-UP:

1. Staples, nails or any drilling are prohibited on all surfaces including walls, glass, tables, windows and doors.

2. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.

3. All decorations must be removed by the applicant at the conclusion of the event.

4. Applicant is responsible for own set-up and tear down. City staff will assist with tear down of City owned tables and chairs only.

5. Hay and confetti of any sort are prohibited.

PROHIBITED:

1. No alcoholic beverages (unless proper permits are obtained) or illegal substances are permitted on City property.

Violation will result in the closure of the event and forfeiture of all fees.

2. Use of glass containers is prohibited at all facilities unless otherwise approved by the Recreation Services Supervisor or his/her designee.

3. Smoking is not permitted on City property.

4. No profane language or disorderly or unseemly conduct is permitted in any City facility.

PROHIBITED CONTINUED:

Page 712 of 719 ends

5. No advertisements, circulations or petitions, solicitations, nor entry fees are permitted without written approval from the City.

6. Guests may not take food into the hallways/restrooms or any other areas that are not rented.

7. No storage of private property is permitted on City premises.

8. City Facilities cannot be used for commercial purposes without written approval.

9. Bounce houses and petting zoos are not permitted on City facilities.

10. City equipment shall not be removed from any City facility.

11. No animals are permitted at the facility, with the exception of seeing-eye dogs, service animals, or animals pre-approved for use in special exhibits.

12. Applicant shall not admit a larger number of individuals than can lawfully, safely, and freely move about the facility.

13. Only D/J and small bands are allowed to play in the facility. Staff will determined appropriate volume levels.

14. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.

REFUND OF SECURITY DEPOSIT:

1. Refund of security deposit will take approximately 2-6 weeks after the conclusion of your event, provided the City determines no deductions of the security deposit are necessary.

2. There will be a deduction from your security deposit for the following items: damage to floors, walls, or any other part of the facility, additional cleaning, repair or replacement, deviation from the rental agreement, extra staff time cost, or disturbances requiring law enforcement.

3. If Applicant violates any part of this agreement or reports false information to the City, the City may refuse applicant further use of the facility; and applicant shall forfeit a portion of or all of the rental fees and/or deposit.

CANCELLATION POLICY:

1. Reservations must be cancelled at least five days prior to event in order to receive full deposit refund

2. All other cancellations subject to a $25 administration fee.

CANCELLATION, RULES AND REGULATION POLICY
I, the undersigned applicant, have read, understood, received a copy of, and agree to abide by and enforce the cancellation, rules, regulations, and policies governing this facility as set forth by the City of South El Monte. I understand that by signing this document, I accept all responsibility for any damages to premises, furniture, equipment or grounds resulting from use of the facility. I further agree that any violation of the Facility Rules and Regulations can result in immediate cancellation of the reservation and forfeiture of all fees and deposits.

Applicant’s Signature: _________________________________________ Date: ______________________

Page 713 of 719 ends

City Council Agenda Report
Agenda Item No. 12.a.

DATE: July 25, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: COUNCILMEMBER MANUEL ACOSTA

1. Consideration of Extending City Bike Rides into September and October of 2023
Recommendation: Discussion and/or Action
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

Page 714 of 719 ends

City Council Agenda Report
Agenda Item No. 12.b.

DATE: July 25, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: COUNCILMEMBER HECTOR DELGADO

1. Consideration of Increasing the Citation Fine for Illegal Fireworks.

Recommendation: Discussion and/or Action

2. Overnight Parking of Commercial Vehicles Including RVs, Tow Trailers, Commercial Vehicles on Public Roads and
Residential Areas.

Recommendation: Discussion and/or Action

3. Property Maintenance of Businesses and Residential Homes.

Recommendation: Discussion and/or Action
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

Page 715 of 719 ends

City Council Agenda Report
Agenda Item No. 13.a.

DATE: July 25, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: PUBLIC EMPLOYEE PERFOMANCE EVALUATION
Pursuant to Government Code Section 54957(b)
Title: City Clerk
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

Page 716 of 719 ends

Successor Agency Agenda Report
Agenda Item No. 19.a.

DATE: July 25, 2023
TO: Honorable Chairperson and Members of the Board
APPROVED BY: Rene Salas, Executive Director
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SUCCESSOR
AGENCY MEETING MINUTES FOR JUNE 27, 2023
SUMMARY: Staff is requesting approval of the Minutes of the June 27, 2023 Successor Agency Meeting.

RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of June 27, 2023.

FISCAL/FINANCIAL IMPACT: None.

DISCUSSION: None.

ATTACHMENT(S):

A. SA Minutes 6-27-23

Page 717 of 719 ends

Page 1 of 2 ends

ATTACHMENT A

CITY OF SOUTH EL MONTE

SUCCESSOR AGENCY MEETING MINUTES
Tuesday, June 27, 2023 - 6:00 p.m.
1415 Santa Anita Ave., South El Monte, CA 91733
Successor Agency Meeting Immediately Followed Regular City Council Meeting

ANNOUNCEMENT BY THE CITY CLERK (PRIOR TO CONVENING THE

SUCCESSOR AGENCY MEETING)
Pursuant to Government Code Section 54952.3, Board Members do not receive any compensation or stipend for attending the Successor Agency meeting Chair Olmos called the meeting to order at 7:41 p.m.

16. CALL TO ORDER AND ROLL CALL
PRESENT: Board Member(s): Acosta, Bojorquez, Delgado, Vice Chair Angel, and Chair Olmos.

ABSENT: Board Member(s): None.

STAFF PRESENT: Rene Salas, Executive Director; Anthony R. Taylor, General Counsel (via Zoom); Paola Lara, Deputy City Clerk; and Robert Molina, Interim Deputy City Clerk.

STAFF ABSENT: Donna G. Schwartz, Secretary.

Zoom was provided for the Public to participate during public comment via teleconference.

17. APPROVAL OF AGENDA
A motion was made by Board Member Acosta, seconded by Vice Chair Angel to approve the agenda. Motion carried 5-0, by the following vote:

AYES: Board Member(s): Acosta, Bojorquez, Delgado, Vice Chair Angel, and Chair Olmos
NAYS: Board Member(s): None

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18. PUBLIC COMMENTS

Chair Olmos opened public comment.

1. Viviana (via Zoom), voiced concern with the lack of training Code Enforcement Officers has, suggested they receive proper training and is opposed to providing safety equipment.

There being no further comment, Chair Olmos closed Public Comment.

19. CONSENT CALENDAR
A motion was made by Vice Chair Angel, seconded by Board Member Delgado to approve the Consent Calendar. Motion carried 5-0, by the following vote:

AYES: Board Member(s): Acosta, Bojorquez, Delgado, Vice Chair Angel, and Chair Olmos
NAYS: Board Member(s): None

19.a.

19.b.

Approved the Regular Successor Agency Meeting Minutes of April 25, 2023.

Approved Successor Agency “go dark” for August 22, 2023, meeting.

20. EXECUTIVE DIRECTOR'S AGENDA – None

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
There being no further business coming before this body, at 7:46 p.m. Chair Olmos adjourned the meeting.
___________________________ _____________________
Donna G. Schwartz, Secretary Gloria Olmos, Chair

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South El Monte City CouncilJuly 25, 2023

South El Monte City Council
July 25, 2023