Montebello City Council
May 24, 2023

AMENDED AGENDA

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, MAY 24, 2023 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
David N. Torres, Mayor
Scarlet Peralta, Mayor Pro Tem
Angie M. Jimenez, Councilmember
Salvador Melendez, Councilmember
Georgina Tamayo, Councilmember

ASSISTANT CITY MANAGER
Arlene Salazar

CITY TREASURER
David Matanga

CITY ATTORNEY
Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Director of Public Affairs and Information Technology
Fernando Pelaez
Paul Espinosa
Michael Solorza
Nicholas Razo
Joseph Palombi
James Enriquez
David Sosnowski
Adrianna Kendricks
Michael Chee

May 24, 2023: City Council Meeting Page 2 of 8

NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.

RULES OF DECORUM:

As established by Resolution No. 23-17, adopted on February 22, 2023: Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any speaker who becomes boisterous while addressing the Council or who otherwise disrupts the orderly conduct of the Council business shall be called to order by the Mayor. If the conduct continues, the Mayor may bar the speaker from speaking and/or attending the meeting. Any disruption of the meeting shall be addressed in a manner consistent with SB 1100. The sergeant-of-arms shall enforce the rules of decorum and remove and/or arrest any person upon the direction of the Presiding Officer, or upon his or her own discretion, as applicable.

PUBLIC COMMENTS:

In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.

Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.

AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:

Agendas, Minutes, and Videos,

May 24, 2023: City Council Meeting Page 3 of 8

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54957.9(d)(1)
Neighbors for Elections Now, et al. vs. City of Montebello LASC Case 23STCV01567

2. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Position: City Manager/Interim City Manager

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - ASSISTANT CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

3. RECOGNITION OF NEW POLICE OFFICERS

4. RECOGNITION OF AND ADMINISTRATION OF THE OATH OF OFFICE TO THE NEW ASSISTANT CHIEF

OF POLICE KENNETH CABRERA

5. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONER VICTOR CUEVAS

6. ADMINISTRATION OF OATH OF OFFICE FOR PARKS AND RECREATION COMMISSIONER SYLVIA

TAKEYAMA

7. PROCLAMATION FOR PUBLIC WORKS WEEK

8. RECOGNITION OF ST. BENEDICT SCHOOL GIRLS BASKETBALL CHAMPIONSHIP TEAM

9. NATIONAL POPPY DAY

10. BUDGET UPDATE FOR FY 2023-24

May 24, 2023: City Council Meeting Page 4 of 8

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS - NONE

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

11. FISCAL YEAR 2023-24 CONFIRMATION OF ANNUAL TAX RATE FOR VOTER APPROVED INDEBTEDNESS

RECOMMENDATION: It is recommended that the City Council:

1. Review and adopt the attached Resolution No. 23-34 establishing property tax override (PTO) rates on voter approved indebtedness for retirement expenditures for the Fiscal Year 2023-24; and

2. Direct staff to forward the resolution to the Los Angeles County Auditor Controller within the required time limit; and

3. Direct staff to take whatever additional actions necessary to ensure collection of the property tax override.

12. FISCAL YEAR 2022-23 THIRD QUARTER BUDGET AMENDMENTS

RECOMMENDATION: It is recommended that the City Council:

1. Amend the Fiscal Year 2022-23 budget by increasing revenue and expenditure appropriations by the listed amounts in the various accounts listed on Attachment A;

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

13. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3883 WITH RL

CONTROLS, LLC, TO EXTEND THE COMPLETION DATE FOR THE BUS CAMERA SURVEILLANCE

SYSTEM PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 2 to Professional Services Agreement No. 3883 with RL Controls, LLC to extend the completion date for the Bus Camera Surveillance System Project; and

2. Authorize the City Manager and/or his designee to execute Amendment No. 2 to Agreement No. 3883 on behalf of the City; and

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

14. ADOPT RESOLUTION NO. 23-32 APPROVING MONTEBELLO BUS LINES’ FISCAL YEAR 2023-2024 AND 2024-2025 FREE FARE SCHEDULE

RECOMMENDATION: It is recommended that the City Council:

May 24, 2023: City Council Meeting Page 5 of 8

1. Adopt Resolution No 23-32 approving Montebello Bus Lines (MBL) Fiscal Year 2023-24 and FY 2024-25 Free Fare Schedule; and

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

15. APPROVE ISSUING A RESTROOM RENOVATION SERVICES REQUEST FOR PROPOSAL (RFP) NO. 23-14

RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing a Restroom Renovation Services Request for Proposal, No. 23-14 (RFP No. 23-14); and

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

16. APPROVAL OF B-MAP – PHASE B1 FINAL TRACT MAP NO. 82725 FOR A PORTION OF VESTING TENTATIVE TRACT MAP NO. 82725 IN CONNECTION WITH THE MONTEBELLO HILLS SPECIFIC PLAN

PROJECT

RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 23-33:

1. Finding that the approval of the B-Map – Phase B1 Final Tract Map No. 82725 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guidelines Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) CEQA Guidelines Section 15182 and Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified after January 1, 1980 and none of the events under Public Resources Code Section 21166 have occurred; and

2. Approving the B-Map – Phase B1 Final Tract Map No. 82725 for a portion of Vesting Tentative Tract Map (“VTTM”) No. 82725 in connection with the Montebello Hills Specific Plan Project; and

3. Authorizing the City Clerk, City Treasurer, and City Engineer to execute the Certificate on the map showing the City’s approval of B-Map -– Phase B1 Final Tract Map No. 82725 for a portion of VTTM No. 82725; and

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

17. APPROVAL OF THE FINAL TRACT MAP NO. 82727 FOR A PORTION OF VESTING TENTATIVE TRACT MAP NO. 70420 FOR PUBLIC OPEN SPACE CONVEYANCE IN CONNECTION WITH THE MONTEBELLO

HILLS SPECIFIC PLAN PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Finding that the approval of the Final Tract Map No. 82727 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guidelines Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) CEQA Guidelines Section 15182 and Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified after January 1, 1980, and none of the events under Public Resources Code Section 21166 have occurred; and

2. Approving the Final Tract Map No. 82727 for a portion of Vesting Tentative Tract Map (“VTTM”) No. 70420 in connection with the Montebello Hills Specific Plan Project; and

3. Authorizing the City Clerk, City Treasurer, and City Engineer to execute the Certificate on the map showing the City’s approval of the Final Tract Map No. 82727; and

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

18. ADOPT RESOLUTION NO. 23-35 FOR THE FISCAL YEAR 2023-24 LEVY OF ANNUAL ASSESSMENTS FOR

THE NATASHA LANE LANDSCAPE ASSESSMENT DISTRICT

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-35 (Attachment A) establishing the City’s intention for the Fiscal Year 2023-24 Levy of Annual Assessments for the Natasha Lane Landscape Assessment; and

2. Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and

May 24, 2023: City Council Meeting Page 6 of 8

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

19. ADOPT A RESOLUTION FOR THE FISCAL YEAR (FY) 2023-24 LEVY OF ANNUAL ASSESSMENTS FOR

THE NATASHA LANE SEWER AND STORM DRAIN PUMP STATION ASSESSMENT DISTRICT

RECOMMENDATION: It is recommended that the City Council:

1. Adopt a Resolution (Attachment A) establishing the City’s intention for the FY 2023-24 Levy of Annual Assessments for the Natasha Lane Sewer and Storm Drain Pump Station Assessment District; and

2. Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and

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

20. APPROVE TASK NO. 5 UNDER MASTER RETAINER AGREEMENT NO. 3999 WITH MARK THOMAS & COMPANY, INC. FOR ENGINEERING DESIGN SERVICES FOR THE PAVING THE WAY PROGRAM PROJECT – MONTEBELLO BOULEVARD FROM WEST LOS ANGELES AVENUE TO LINCOLN AVENUE (C.P. NO.888)

RECOMMENDATION: It is recommended that the City Council:

1. Approve Task Order No. 5 via an Engagement Letter under Master Retainer Agreement No. 3999 with Mark Thomas for Engineering Design Services for a fee not-to exceed $282,008; and

2. Authorize the City Manager to execute the Contract Agreement, on behalf of the City; and

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

21. APPROVAL OF THE FISCAL YEAR 2022-23 ANNUAL PLAN FOR THE LOS ANGELES REGION MEASURE

W (SAFE, CLEAN WATER PROGRAM) EXPENDITURES

RECOMMENDATION: It is recommended that the City Council:

1. Approve the Fiscal Year 2022-23 Annual Plan for Los Angeles Region Measure W (Attachment A) that programs expenditures for the fiscal year; and

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

22. APPROVAL OF THE FISCAL YEAR 2023-24 ANNUAL PLAN FOR THE LOS ANGELES REGION MEASURE

W (SAFE, CLEAN WATER PROGRAM) EXPENDITURES

RECOMMENDATION: It is recommended that the City Council:

1. Approve the Fiscal Year 2023-24 Annual Plan for Los Angeles Region Measure W (Attachment A) that programs expenditures for the fiscal year; and

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

23. APPROVE AND APPROPRIATE GRANT AWARD FROM THE BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC), PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Approve the appropriation of $1,278,987 awarded to the City of Montebello from the Board of State and Community Corrections (BSCC), Proposition 64 Public Health and Safety Grant Program; and

2. Authorize the City Attorney to review and approve the Grant Agreement and Resolution in final form to submit to the Board of State and Community Corrections (BSCC), Proposition 64 Public Health and Safety Grant as soon as possible; and

3. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $1,278,987 in Account No. 268- 85-862-6040.10 (Prop 64 Public Health and Safety, Fire, Prop 65 Public Health & Safety, Other Contract Services); and

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

24. APPROVAL TO PURCHASE A GENERATOR FOR FIRE DEPARTMENT PUBLIC SAFETY

COMMUNICATIONS SITE

May 24, 2023: City Council Meeting Page 7 of 8

RECOMMENDATION: It is recommended that the City Council:

1. Authorize and approve the emergency purchase of a replacement backup generator for the City of Montebello Fire Department’s Public Safety Communication Site located at the Montebello Reservoir; and

2. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $172,500 in the General Fund, Account No. 100-85-880-6010.10 (Fire Department, Communications, Machinery, and Equipment); and

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

25. RESOLUTION NO. 23-28 AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION "RECREATIONAL TRAILS PROGRAM"

RECOMMENDATION: It is recommended that the City Council:

1. Approve Resolution No. 23-38 authorizing the submission of an application for the State of California's Department of Parks and Recreation "Recreational Trails Program;" and

2. Authorize the City Manager to conduct all negotiations, execute and submit documents reasonably necessary for the completion of the awarded project; and

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

26. CONSIDERATION OF A RESOLUTION NO. 23-39 TO VACATE AND TERMINATE AN IRREVOCABLE

OFFER OF DEDICATION FOR HABITAT RESERVE

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-39 vacating and terminating an Irrevocable Offer of Dedication (“IOD”) from Sentinel Peak Resources California, LLC (“Sentinel”) to the City of Montebello in connection with the Montebello Hills habitat reserve having Instrument No. 20191405603 dated December 17, 2019; and

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

27. APPROVAL OF MINUTES: APRIL 5, 2023 SPECIAL COUNCIL MEETING; APRIL 10, 2023 CITY COUNCIL MEETING; APRIL 26, 2023 CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said minutes as is.

28. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-37 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MAY 24, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-37 approving the Warrant Register dated May 24, 2023.

PUBLIC COMMENTS - CONTINUED

AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Georgina Tamayo, Councilmember

• Angie M. Jimenez, Councilmember

May 24, 2023: City Council Meeting Page 8 of 8

1. Request Council Consensus to display an LGBTQIA banner.

2. Stride for Pride

3. East Side Pride

4. Arts in Public Places

• Scarlet Peralta, Mayor Pro Tem

1. Receive council consensus to direct staff to initiate discussions and cooperation with Edison in order to develop ideas for passive open space, such as a park with walking and biking trails, utilizing EDISON's right-of-way areas within the city.

• David N. Torres, Mayor

1. Appointment of Delia Delgado to Civil Service Commission.

• Salvador Melendez, Councilmember

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on June 14, 2023, at 6:00 p.m. which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Acting Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, May 21, 2023, no later than 6:00 p.m.

Kimberly Guillen, Acting Senior Deputy City Clerk

EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet. • City of Montebello Forecasted Agenda

ITEM # 11

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: FISCAL YEAR 2023-24 CONFIRMATION OF ANNUAL TAX RATE FOR

VOTER APPROVED INDEBTEDNESS

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Review and adopt the attached Resolution No. 23-34 establishing property tax override (PTO) rates on voter approved indebtedness for retirement expenditures for the Fiscal Year 2023-24; and

2. Direct staff to forward the resolution to the Los Angeles County Auditor Controller within the required time limit; and

3. Direct staff to take whatever additional actions necessary to ensure collection of the property tax override.

FISCAL IMPACT:

Voters in the City of Montebello have twice approved a property tax override (PTO) rate to fund the City’s participation in the California Public Employees Retirement System (PERS). This voter approved property tax override revenue is utilized to fund annual debt service on the Series 2020 Pension Obligation Bonds (issued in June 2020 to retire the City’s unfunded actuarial liability) as well as pay for all ongoing pension related costs.

The table below presents historical actuals and the FY 2023-24 proposed (forecasted) revenue in Fund 205 (Retirement Fund):

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

As the table above shows, the FY 2021-22 actuals were $14.667 million, with FY 2022- 23 adopted budget of $14.541 million. The majority of that revenue is from property tax assessments – inclusive of former redevelopment agency project areas. For FY 2023- 24, the projected revenue for the Retirement Fund is $15.618 million.

The attached resolution sets the property tax override rate and allows it to be assessed for FY 2023-24. In turn, the revenue collected will be utilized for the purposes for which it was established: paying all expenses related to the City’s contract with PERS to provide retirement benefits to its safety and miscellaneous employees as well as annual debt service on the Series 2020 POBs.

BACKGROUND/DISCUSSION:

Voters in the City of Montebello have twice approved a property tax override (PTO) rate to fund the City’s participation in the California Public Employees Retirement System (PERS). Elections were first held on July 9, 1946, initially establishing the PTO. A second vote was held on March 2, 1976, affirming the property tax override rate. The City Council subsequently adopted Ordinance No. 2148 in 1996 which codified the tax rate at $0.197875 per $100 of assessed valuation (City of Montebello Municipal Code Section

3.28.020).

The revenue from the property tax override can only be used to pay for retirement system related expenses. The City records receipt of these revenues – collected through the annual property tax assessment process – in a special fund (Fund 205). The revenues received are used to pay the annual unfunded actuarial liability (UAL) and normal cost (i.e., ongoing) expenses to PERS.

On May 13, 2020, the City Council approved issuance of $154 million in Pension Obligation Bonds (POBs) to address Montebello’s pension related unfunded actuarial liability (UAL). The issuance of the POBs extinguished the existing UAL, as of the June 30, 2018, actuarial valuation report. The PTO revenue is utilized to pay the debt service on the POBs, as well as all normal cost expenses and future UAL bases established by subsequent actuarial valuations.

The County of Los Angeles Auditor-Controller requires the City of Montebello submit an approved resolution each year that shows the setting of the rate. The attached resolution (Attachment 1 with Exhibit A) fulfills this requirement and allows the rate to be placed on property tax statements. There is no change to the rate, it remains fixed at the $0.197875 per $100 of assessed value amount.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The retirement expenditures by the City are funded through voter-approved indebtedness authorized by elections held on July 9, 1946 and March 2, 1976. The proposed tax rate of $0.197875 was set by Montebello Municipal Code section 3.28.020, adopted by the City Council in 1996. There is no change to this tax rate for FY 2023-24, it remains the same as previous years.

The resolution setting the override tax rates must be submitted to the Los Angeles County Auditor Controller’s office at the beginning of each fiscal year in order for the tax rate to be placed on the property rolls. Assessing the property tax override will allow the City to meet its obligations to bond holders, paying annual debt service on the $154 million in POBs issued in 2020.

The retirement expenditures will be paid solely from the Retirement Special Revenue Fund (Fund 205), as codified in Montebello Municipal Code section 3.28.020. No General Fund revenues will be used to pay for the retirement expenditures.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-34 Annual Property Tax Rate Retirement FY 2023-24

NEXT STEPS:

N/A

ATTACHMENT A
RESOLUTION NO. 23-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO FIXING THE RATE OF TAXES AND LEVYING
TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2023

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. That for the purpose of raising the sums of money necessary to be secured by taxation upon the taxable property in the City of Montebello, as a revenue to pay the indebtedness of said City for the fiscal year beginning July 1, 202 3, the rates for the different portions of said City are hereby fixed and taxes are hereby levied on all taxable property in the different portions of said City for the fiscal year beginning July 1, 2023, in the number of cents upon One Hundred Dollars of the assessed value of said property as assessed and equalized in the manner prescribed by law, and for the purposes set forth in the following table, the taxes levied upon property in each portion of said City hereinafter described and designated by a district number which is prefixed to the description of such portion of said City as hereinafter stated:

TAXATION DISTRICT NO. 1. Consisting of all that portion of the City of Montebello not included in Taxation District Numbers 1, 2, 3, 13, 2S, MB Hills 1, MB Hills 3, Commerce RD PR 1, MB Hills 76 Annex 1, 1 MERP and 2 MERP.

TAXATION DISTRICT NO. 2. Consisting of all that territory annexed to the City of Montebello in the following annexation proceedings:

(1) “Annexation No. 2 (Link Belt)”, annexed by Ordinance No. 869, adopted on February 11, 1960, effective date, March 14, 1960;
(2) “Annexation No. 3 (Bethlehem Steel)”, annexed by Ordinance No. 868, adopted on February 11, 1960, effective date, March 14, 1960; (3) “Annexation No. 4 (Conier)”, annexed by Ordinance No. 886, adopted on February 11, 1960, effective date, March 14, 1960;
(4) “Annexation No. 10”, annexed by Ordinance No. 968, adopted on November 21, 1961, effective date, December 22, 1961, and (5) “Annexation No. 127”, annexed by Ordinance No. 998, adopted on November 26, 1962, effective date, December 27, 1962.

TAXATION DISTRICT NO. 3. Consisting of all that territory annexed to the City of Montebello in the following annexation proceedings:

(1) “Annexation No. 1, 1A”, annexed by Ordinance No. 1025, adopted on June 25, 1963, effective date, July 26, 1963;
(2) “Annexation No. 13”, annexed by Ordinance No. 1026, adopted on June 25, 1963, effective date, July 26, 1963;

RESOLUTION NO. 23-34

(3) “Annexation No. 17”, annexed by Ordinance No. 1027, adopted on June 25, 1963, effective date, July 26, 1963;
(4) “Annexation No. 18”, annexed by Ordinance No. 1118, adopted on February 24, 1965, effective date, March 27, 1965;
(5) “Annexation No. 19”, annexed by Resolution No. 8150, adopted on February 27, 1967, effective date, March 23, 1967;
(6) “Annexation No. 21”, annexed by Ordinance No. 1304, adopted on August 12, 1968, effective date, September 12, 1968;
(7) “Annexation No. 23”, annexed by Resolution No. 9157, adopted on August 10, 1970, effective date, August 21, 1970;
(8) “Annexation No. 25”, annexed by Ordinance No. 1463, adopted on November 27, 1972, effective date, December 28, 1972;
(9) “Annexation No. 27”, annexed by Ordinance No. 1509, adopted on October 29, 1973, effective date, November 29, 1973;
(10) “Annexation No. 29”, annexed by Resolution No. 78-3, adopted on January 9, 1978, effective date, May 17, 1978;
(11) “Annexation No. 30- A”, annexed by Resolution No. 79 -2, adopted on January 8, 1979, effective date, February 2, 1979; and
(12) “Annexation No. 31”, annexed by Resolution No. 79- 91, adopted on June 25, 1979, effective date, July 18, 1979.

ASSESSED VALUATIONS AS OF FISCAL YEAR 2022-23:

TAXATION DISTRICT NO. 1 4,363,768,160
TAXATION DISTRICT NO. 2 21,016,170
TAXATION DISTRICT NO. 3 276,925,734
TAXATION DISTRICT NO. 1s 464,102,683
TAXATION DISTRICT NO. 2s 59,416,274
TAXATION DISTRICT NO. MB HILLS 1 676,506,335
TAXATION DISTRICT NO. MB HILLS 3 446,186,384
TAXATION DISTRICT NO. MB HILLS 76 ANNEX 1 124,505,175 TAXATION DISTRICT NO. 1 MERP 596,038,167
TAXATION DISTRICT NO. 2 MERP 26,065,998

TAX RATES FOR THE ABOVE TAXATION DISTRICTS LISTED IN EXHIBIT A

SECTION 2. That the City Clerk shall attest and certify to the passage and adoption of this resolution and it shall become effective immediately upon its approval.

[Signatures on the following page]

RESOLUTION NO. 23-34

APPROVED AND ADOPTED this 24th day of May 2023.

_______________________________
David Torres, Mayor

ATTEST: APPROVED AS TO FORM:

_________________________ _______________________________ Christopher Jimenez, City Clerk Arnold Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution 23-34 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24 th day of May 2023 and that
said resolution was adopted by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

EXHIBITS:
• Exhibit A - FY 2023-24 Retirement Pension Tax Override Rate for Districts

City of Montebello EXHIBIT A
Exhibit A to Resolution Fixing the Rate of Taxes and Levying Taxes for FY 2023-24 City Council Meeting of May 24, 2023
DIST. DIST. DIST. DIST. DIST. DIST. DIST. MB HILLS DIST. DIST. #1 #2 #3 #1s #2s #MB Hs 1 #MB Hs 3 76 ANNEX #1 MERP #2 MERP

STATE RETIREMENT FUND

OBLIGATION OF THE CITY TO THE

STATE EMPLOYEES RETIREMENT

OF CITY EMPLOYEES

AUTHORIZED AT ELECTIONS
HELD ON JULY 9, 1946 AND
MARCH 2, 1976.

0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 TOTAL 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875 0.197875

EXHIBIT A TO ATTACHMENT A

ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: FISCAL YEAR 2022-23 THIRD QUARTER BUDGET AMENDMENTS

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Amend the Fiscal Year 2022-23 budget by increasing revenue and expenditure appropriations by the listed amounts in the various accounts listed on Attachment A;

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

FISCAL IMPACT:

The Fiscal Year 2022-23 budget was adopted on June 8, 2022. Since adoption, over twenty changes (amendments) to the budget have been made, impacting several different funds (e.g., General Fund, Transit, Proposition M, Grants, Gast Tax, Golf Course, etc.). Furthermore, there are now ten months of financial results that allow trends to be analyzed and additional updates to budget amounts to be made prior to the year-end close.

Using data through early May, 2023, budget amendments are necessary to account for year to date expenditures that currently exceed or are projected to exceed amended budget amounts. The required budget amendments detailed in this report and listed in Attachment A are necessary to match forecasted expenditures with budget amounts. One of the many areas the City’s independent auditors review in the financial statements at year-end is the accuracy of expenditure to budget “matching.” The auditors will highlight accounts where year-end expenditures exceed budget amounts. The budget amendments described in the following paragraphs are necessary to prevent such a finding and match expenses with final budget amounts.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

The required budget amendments are in Public Works, Fire, Parks and Recreation, Non- Departmental and the Special Fund for Information Technology Upgrades. A detailed description of the amendments follows in the section below, and Attachment A provides additional information as well.

The net increase to appropriations across all funds is $1,961,000. This is the net amount when taking into account the increase in revenue (Transfers In) against specific expenses.

BACKGROUND/DISCUSSION:

N/A

ENVIRONMENTAL:

N/A

ANALYSIS:

The attached budget amendments (Attachment A) request additional appropriations in Public Works (Engineering), Parks and Recreation and Fire (Administration and Fire).

There are also required budget amendments in Non-Departmental (General Fund) and the Special Revenue Fund created for the citywide information technology and security upgrade project (Fund 325, Information Technology Upgrades).

The Non-Departmental/Information Technology Upgrades project requires a $3,145,024 budget amendment to utilize Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) towards the citywide information technology security, network, storage and productivity project currently underway. As noted in prior reports and communication to the City Council, the entire CSLFRF award amount of $16.59 million was booked as “unrecognized” revenue, per required accounting procedures. As the revenue is used (i.e., as expenses are incurred), it is “recognized” in the appropriate fund and account.

The budget adjustment in Attachment A recognizes $3.145 million in CSLFRF revenue and applies it towards year to date expenses in the capital project fund created to track the information technology project expenses (Fund 325). Because the CSLFRF funds are recorded as unrecognized revenue in the General Fund, accounting principles and rules require a three-step process to recognize the revenue in Fund 325. First, revenue is recognized in the General Fund (Account Nol 100-99-4023.10), then a Transfer Out (expense) is done in the General Fund to move the revenue to Fund 325 (100-99- 7000.85). The final step is to recognize the revenue in Fund 325, to offset the approved expenses already incurred (325-99-4999.30).

There is another Non-Departmental budget adjustment necessary. The $350,000 budget adjustment is required to provide appropriations for the payment of a City Council approved settlement agreement (recorded in the Non-Departmental account of the General Fund, 100-99-6036).

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

There is a budget amendment needed in Public Works for $429,000. This amount is what the City was required to remit to CalTrans after conclusion of an incurred cost audit in 2021. The findings from the audit revealed that the City’s prior engineering vendor improperly charged certain costs to a CalTrans grant funded project. The City was required to re-pay these funds, and the expense has been recorded in the General Fund, Engineering Division (Account No. 100-30-330-7050). The audit findings and required reimbursement payment to CalTrans were summarized in an agenda report approved by the City Council in June, 2022.

Parks and Recreation is projecting an additional $508,000 in expenses through the end of the fiscal year-end, spread across full and part-time wages, supplies and contract services. As the City expands its offerings of special events and maintains City Hall screening/lobby staffing, part-time salary expenses are trending higher than budgeted in Parks and Recreation. The adopted budget did not anticipate a “full-time” presence in the City Hall lobby, necessary to abide by pandemic restrictions as well as to provide better customer service to those doing business at City Hall.

There are required budget adjustments by the Parks and Recreation Department (Attachment A) to address these particular expenditure areas. Specifically, $250,000 is required to cover additional part-time wages and overtime related to expanded special events and additional (new) special events managed by the Parks and Recreation Department. Related to these additional/expanded events, an additional $223,000 is needed in supplies and contract services. A portion of the $223,000 is related to refinishing of the gym floor, consultant services for grant applications and additional maintenance at park facilities.

The Fire Department is currently trending to have an additional $674,000 in expenses that requires budget amendments. There are a few primary causes for this: regular (full- time) salaries for MCAP staff are currently being charged to the General Fund and constant staffing overtime in the Suppression Division is trending higher (vacancies in full-time positions).

Recent grant awards for MCAP services will help offset some of the full-time salaries and overtime hitting the General Fund. However, the budget will require an increase ($274,000) as certain grant funding has been used up and new grant funding has tighter restrictions, limiting the amount of time MCAP staff can charge. The additional expenses in constant staffing overtime in the Suppression Division are directly attributable to vacancies in the Firefighter ranks. In order to maintain the required staffing of each unit, additional overtime is necessary. The City Council recently approved hiring and referral bonuses (similar to those approved for the Police Department) in an effort to improve recruitment efforts to help with filling vacancies. Regardless, constant staffing overtime is trending higher, requiring the $400,000 budget amendment.

Every adopted budget is a plan, and the plan changes during the course of a fiscal year. The required budget amendments detailed in this report and listed in Attachment A are necessary to match forecasted expenditures with budget amounts. One of the many areas the City’s independent auditors review in the financial statements at year- end is the expenditure to budget “matching.” The auditors will highlight accounts where

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

year-end expenditures exceed budget amounts as part of their required annual review of internal controls. These budget amendments are necessary to prevent such a finding and match expenses with final budget amounts.

SUMMARY:

That City Council amend the Fiscal Year 2022-23 budget by increasing revenue and expenditure appropriations by the listed amounts in the various accounts listed on Attachment A and take such additional, related action that may be desirable.

ATTACHMENT(S)

1. ATTACHMENT A - Budget Amendments

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Budget Adjustments ATTACHMENT A
3rd Quarter Budget Update, as of 05/2023

DEPARTMENT

ACCOUNT TO

AMEND (INCREASE)
BUDGET

AMENDMENT

AMOUNT NOTES / REASON FOR BUDGET AMENDMENT
Non-Departmental 100-99-6036 350,000 Settlement Payment Non-Departmental 100-99-4023.10 3,145,024 Recognize CSLFRF revenue for Information Technology u pgrade project; increase revenue budget
Non-Departmental 100-99-7000.85 3,145,024 Recognize CSLFRF revenue for Information Technology up grade project/transfer out to Fund 325; increase Transfer Out, net effect is zero with increase to revenue account (-4023.10) Information Technology Upgrades 325-99-4999.30 3,145,024 Recognize CSLFRF revenue for Information Technology u pgrade project/transfer in from General Fund; increase Transfer In revenue, offset YTD expenses related to IT project Public Works - Engineering 100-30-330-7050 429,000 Payment to Caltrans per incurred cost audit (see 0 6/2022 City Council action); required to reimburse grant fund for disallowed expenses
Parks and Recreation - Administration 100-70-700-5000.10 166,000 Additional full-time salaries, Recreation Manager Parks and Recreation - Administration 100-70-700-5000.30 24,000 Additional part-time salaries; City Hall lobby staffing Parks and Recreation - Administration 100-70-700-6040.10 35,000 Required maintenance and related engineering stu dies Parks and Recreation - Recreation 100-70-710-5000.30 60,000 Additional part-time salaries; new and expanded special events Parks and Recreation - Recreation 100-70-710-6000.20 105,000 Supplies for extra special events and enhanced ann ual events Parks and Recreation - Recreation 100-70-710-6040.10 118,000 Gym floor refinishing, consultants for grant appli cants; additional contract services for special events
Fire - Administration 100-85-850-5000.10 217,000 Additional MCAP related full time salaries hittiin g General Fund Fire - Administration 100-85-850-5010.10 57,000 Additional MCAP related overtime hittiing Genera l Fund Fire - Suppression 100-85-860-5010.41 400,000 Constant staffing (OT), due to vacancies in FT pos itions (required minimum staffing) 5,106,024 <=TOTAL EXPENSE APPROPRIATION INCREASE 3,145,024 <=TOTAL REVENUE INCREASES
1,961,000 <=NET EXPENSE APPROPRIATION INCREASE

ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: Adrianna Kendricks, Director of Transportation

SUBJECT: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3883 WITH RL CONTROLS, LLC, TO EXTEND THE

COMPLETION DATE FOR THE BUS CAMERA SURVEILLANCE

SYSTEM PROJECT

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 2 to Professional Services Agreement No. 3883 with RL Controls, LLC to extend the completion date for the Bus Camera Surveillance System Project; and

2. Authorize the City Manager and/or his designee to execute Amendment No. 2 to Agreement No. 3883 on behalf of the City; and

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

FISCAL IMPACT:

The Bus Camera Surveillance System Project (hereinafter, the “Project”) is funded using the following sources: Federal Transit Administration (FTA) Grant CA-2019-033, Senate Bill – 1/State Transit Assistance (SB1/STA) funds for Fiscal Years 2017-18 and 2020-21, and the 2018 Public Transportation Modernization, Improvement and Service Enhancement Account (PTMISEA) Grants. All necessary funding was previously appropriated, including contingency funds, and approved by the City Council when Agreement No. 3883 was awarded to RL Controls. Therefore, a budget amendment is not needed as part of the recommended action.

BACKGROUND/DISCUSSION:

On April 28, 2021, the City awarded Agreement No. 3883 (Attachment “A”) with RL

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

Controls to provide a fully integrated and functional bus camera surveillance system for the Transportation Department (Transportation). The Project was developed to ensure that Transportation would have a turnkey bus camera surveillance system to increase video camera resolution, digital storage capabilities (13 months of video footage), and a cloud-based network infrastructure accessible to administrative personnel.

RL Controls designed and engineered a bus camera surveillance system to meet the City's needs with an estimated date of completion of March 15, 2023. In January 2022, the City Council approved Amendment No. 1 to Agreement No. 3883 (Attachment “B”), to use contingency funds for the Server Project, a subproject of the original Project.

However, On May 9, 2023, RL Controls submitted a formal request to extend the Project completion date due to unforeseen circumstances, including but not limited to, troubleshooting the existing Cloudian server system and configuration changes to the recording capability of the camera system. Transportation staff has reviewed the formal request and circumstances and has agreed to the proposed extended completion date, provided the City Council approves the proposed Amendment No. 2 presented here for consideration (Attachment “C").

Amendment No. 2 will exercise the option to extend the agreement for an additional seven (7) months; from March 15, 2023, to October 15, 2023—leaving all other provisions of the original Agreement in effect.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends the City Council consider approving Amendment No. 2 to Agreement No. 3883 (attached hereto as Attachment “C,” in substantial form) with RL Controls, to extend the completion date for the Bus Camera Surveillance System Project; and authorize the City Manager and/or his designee, to execute Amendment No. 2 on behalf of the City.

ATTACHMENT(S)

1. Attachment A - Agreement No. 3883

2. Attachment B - Amendment No. 1 to Agreement No. 3883

3. Attachment C - Proposed Amendment No. 2 to Agreement No. 3883

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ATTACHMENT A

ATTACHMENT B

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO CONTRACT AGREEMENT NO. 3883
WITH RL CONTROLS, LLC.

T
his Amendment No. 2 to Agreement No. 3883 ("Amendment No. 2") is made and entered into as of the 24th day of May, 2023 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California (" City"), and RL Controls , LLC., a Massachussestts corporation registered to do business under the law of the State of California, ("Contractor"). City and Contractor are sometimes hereinafter referred to collectively as the "Parties."

RECITALS
W
HEREAS, City and Contractor are P arties to that certain Contract Agreement No. 3883 to assist the CITY by providing a fully integrated and functional bus camera surveillance system solution, with an effective date of April 28, 2021 (the "Agreement"), pursuant to which City contracted with Contractor to provide services as defined in the Agreement; and
W
HEREAS, on or about January 12th, 2022, the Parties executed a “Amendment No. 1” to use contingency funds of the Agreement, and amend the services and compensation to the Contractor; and
W
HEREAS, o n May 9th, 2023, C ontractor submitted a formal Completion Date Extension Request (Exhibit A) , highlighting the reasons behind the project delay and countermeasures initiated to avoid such recurrence; and W
HEREAS, Section 2 (“Term; Option to Extend; Notice to Proceed; and Survival”) the Parties each being mutually satisfied with the other's performance thereof, hereby desire to extend the term of the Agreement to, and including, October 15 th, 202 3, as authorized by Section 2, Paragraph A, of the Agreement; and W
HEREAS, Section 24 ( "Entire Agreement ") of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and W
HEREAS, both Parties agree to extend the Agreement as provided below.

ATTACHMENT C

AMENDMENT NO. 2 TO AGREEMENT NO. 3883

NOW, THEREFORE , based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

AMENDMENT
S
ECTION 1: RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

S
ECTION 2 : EXTENSION OF TERM. Through this Amendment No. 2 , the Parties hereto agree to extend the term of Agreement from March 15th, 2023 up to and including October 15th, 2023; unless terminated pursuant to Section 7 (Termination) of the Agreement, or the Parties agree to further extended in writing by a subsequent amendment to be executed by both Parties.

SECTION 3 : INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 2 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

I
N WITNESS WHEREOF , the Parties have executed this Amendment No. 2 to Agreement No. 388 3 to provide the City a fully integrated and functional bus camera surveillance system solution with an Effective Date indicated above.

CI
TY OF MONTEBELLO RL CONTROLS, LLC.
(“
City”) (“Contractor”)
R
ené Bobadilla, City Manager Lena R Walsh, Principal Owner D
ate: Date:

ATTEST:
___
_____________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
___
______________________________
Arnold M. Alvarez-Glasman, City Attorney

Exhibit “A”
CONTRACTOR’S COMPLETION DATE EXTENSION REQUEST

2G Gill Street Woburn, MA 01801 | +1 781-932-3349 | Certified WBE/DBE/SBE in 34 states | www.rlcontrols.com May 9, 2023
Mr. Rohan Anderson
Senior Management Analyst
City of Montebello, Montebello Bus Lines
400 S. Taylor Ave. Montebello, CA 90640
Subject: Project Completion Amendment
Dear Mr. Anderson,
Per conversation, please amend the contract completion date from March 15, 2023 to October 15, 2023. The reason for the delay in the schedule is a result of the following factors:
1) Front Camera Adjustments needing done on twenty-two buses per request of MBL. 2) Troubleshooting of existing Cloudian system being required. 3) Configuration changes needing to be made such as modifying recording times and lookback times.
4) Baseline Power Testing performed by RL Controls field team. 5) RL Controls field resources needing to recover videos directly off buses. 6) Potential change to scope needed to ensure consistent power.

RLC is committed to install and handover all sixty-six (66) buses on or before October 15, 2023. Please contact me if you have any questions or concerns.

Regards,
David Kearns
Senior Project Manager
RL Controls, LLC
CC:

Michael Kandrack (RLC

ITEM # 14

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: Adrianna Kendricks, Director of Transportation

SUBJECT: ADOPT RESOLUTION NO. 23-32 APPROVING MONTEBELLO BUS LINES’ FISCAL YEAR 2023-2024 AND 2024-2025 FREE FARE

SCHEDULE

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No 23-32 approving Montebello Bus Lines (MBL) Fiscal Year 2023-24 and FY 2024-25 Free Fare Schedule; and

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

FISCAL IMPACT:

The fiscal impact of the proposed Free Fare Schedule is most accurately calculated by averaging the average daily fare revenue for Fiscal Years 2020-21, 2021-22, and 2022- 23 as follows:

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

By applying the fare revenue average for those three fiscal years to the nineteen (19) proposed Free Fare days, the total cost for MBL’s proposed Free Fare Schedule for FY 2023–24 is approximately $48,870 and for FY 2024-25 is approximately $57,830.

BACKGROUND/DISCUSSION:

In FY 2020-21, MBL began collaborating with neighboring transit agencies to waive fares on designated days to honor holidays or raise awareness of important events (known as “Free-Fare Days”). The Free-Fare Days program waives fares on designated holidays and important events for all passengers, including passengers transferring from a participating neighboring agency to MBL. By participating in Free-Fare Days, MBL promotes environmental awareness by recognizing days that include Clean Air Day and Earth Day while providing exceptional service and rewards to loyal passengers.

ENVIRONMENTAL:

N/A

ANALYSIS:

By continuing to provide Free-Fare Days, MBL will partner with other Los Angeles County transit partners, including the Los Angeles County Metropolitan Authority (“Metro”), to improve the customer experience while commemorating important holidays. By waiving fares on select days, MBL can promote various initiatives (Earth Day, California Clean Air Day, and Transit Equity Day), reward loyal ridership, and encourage new riders to use the agency’s services. For FY 2023-24 and FY 2024-25, MBL will join other transit agencies in commemorating Transit Equity Day, a National Day of Action honoring civil rights leader Rosa Parks, who protested about ending segregated seating on public buses.

The proposed Free-Fare Days include:

• October 4, 2023 (Clean Air Day)
• November 7, 2023 (Municipal Election)
• November 23, 2023 (Thanksgiving)
• December 24, 2023 (Christmas Eve)
• December 25, 2023 (Christmas Day)
• December 31, 2023 (New Year’s Eve)
• January 1, 2024 (New Year’s Day)
• February 4, 2024 (Transit Equity)
• April 22, 2024 (Earth Day)
• October 2, 2024 (Clean Air Day)
• November 5, 2024 (General Election)
• November 28, 2024 (Thanksgiving)
• December 24, 2024 (Christmas Eve)

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

• December 25, 2024 (Christmas Day)
• December 31, 2024 (New Year’s Eve)
• January 1, 2025 (New Year’s Day)
• February 4, 2025 (Transit Equity)
• April 22, 2025 (Earth Day)
• October 1, 2025 (Clean Air Day)

If approved, these days will be recognized as MBL’s Free-Fare Days for Fiscal Years 2023-24 and 2024-25.

SUMMARY:

Staff recommends that the City Council adopt Resolution No. 23-32 (Attachment “A”) approving MBL’s FY 2023-24 and FY 2024-25 Free Fare Schedule; and take such additional related action that may be desirable.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-32 - MBL Free Fare Schedule

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ATTACHMENT A
RESOLUTION NO. 23-32

RESOLUTION OF THE CITY OF MONTEBELLO, CALIFORNIA,
ADOPTING THE FISCAL YEARS 2023-2024 AND 2024-2025 FREE

FARE SCHEDULE FOR MONTEBELLO BUS LINES

RECITALS
WHEREAS, the City of Montebello (the “City”), as a transit bus owner by and through Montebello Bus Lines provides transportation services to residents of Montebello and neighboring cities; and
WHEREAS, Montebello Bus Lines’ neighboring transit partner, the Los Angeles County Metropolitan Authority (“Metro”), regularly waives fares during certain holidays; and
WHEREAS, many passengers transfer between Montebello Bus Lines and Metro services during such free-fare days; and
WHEREAS, waiving fares during these coordinated and designated “Free-Fare Days” improves morale, encourages new ridership, raises attention to critical issues; and WHEREAS, fares make up only a small fraction of the total revenue generated by public transit agencies; therefore, the implementation of Free-Fare Days will not detrimentally affect the Montebello Bus Lines’ overall yearly revenue; and WHEREAS, to streamline Montebello Bus Lines’ Free-Fare Days with Metro’s own, adoption of the Free Fare Schedule for the Fiscal Years 2023-2024 and 2024-2025 is hereby required.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1: Approvals and Certifications

1.Montebello Bus Lines will waive passenger fares for the following days in Fiscal year 2023-2024:
•October 4, 2023 (Clean Air Day)
•November 7, 2023 (Municipal Election)
•November 23, 2023 (Thanksgiving)
•December 24, 2023 (Christmas Eve)
•December 25, 2023 (Christmas Day)
•December 31, 2023 (New Year’s Eve)

RESOLUTION NO. 23-32

•January 1, 2024 (New Year’s Day)
•February 4, 2024 (Transit Equity)
•April 22, 2024 (Earth Day)

2.Montebello Bus Lines will waive passenger fares for the following days in Fiscal year 2024-2025:
•October 2, 2024 (Clean Air Day)
•November 5, 2024 (General Election)
•November 28, 2024 (Thanksgiving)
•December 24, 2024 (Christmas Eve)
•December 25, 2024 (Christmas Day)
•December 31, 2024 (New Year’s Eve)
•January 1, 2025 (New Year’s Day)
•February 4, 2025 (Transit Equity)
•April 22, 2025 (Earth Day)
•October 1, 2025 (Clean Air Day)

3.The above dates will be formally known as the Montebello Bus Lines’ “Fiscal Year 2023-2024 Free Fare Schedule” and “Fiscal Year 2024-2025 Free-Fare Schedule” allowing City staff to further coordinate and implement necessary marketing activities in advance of the promotional dates.

4.Where reasonably necessary, the Montebello Bus Lines’ Director is authorized to make necessary modifications, adjustments, and/or changes to the Fiscal Years 2023-2024 & 2024-2025 Free-Fare Schedules, provided such modifications, adjustments, and/or changes are done for a good cause, and advance notice is given to riders of the proposed changes.

SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 24 day of May 2023.
_______________________________
David Torres, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 23-32

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-32 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24 th day of May 2023 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: Adrianna Kendricks, Director of Transportation

SUBJECT: APPROVE ISSUING A RESTROOM RENOVATION SERVICES REQUEST FOR PROPOSAL (RFP) NO. 23-14

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve issuing a Restroom Renovation Services Request for Proposal, No. 23- 14 (RFP No. 23-14); and

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

FISCAL IMPACT:

There is no fiscal impact to issuing RFP No. 23-14 for Restroom Renovation Services Request (Attachment “A”). Once a contractor is selected for award, the City Council will be asked to consider approving a Professional Services Agreement and amend the City of Montebello Department of Transportation’s budget as necessary. Funding for this project will be allocated primarily from Transportation’s Fiscal Year 2023-24 operating budget: Transit Operating Budget – Outside Contracts.

BACKGROUND/DISCUSSION:

The City of Montebello, Montebello Bus Lines (MBL), is soliciting proposals from highly qualified contractors to provide restroom renovation services to the Operation Division at the Transportation Facility. The selected contractor will remove and replace existing fixtures, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heating and cooling systems, etc.), with modern functional restroom equipment and supplies to serve the sanitary needs of the department.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

The Operation Division has four (4) restrooms which were a part of the original Transit building constructed over 25 years ago. The restrooms have never undergone any renovations, are outdated, and in desperate need of equipment replacement and maintenance services. After a recent inspection, MBL staff concluded that there was significant water damage near the shower area of the restrooms. Due to the extent of the damage, it was recommended to completely rebuild all four restrooms in the Operation Division of MBL’s Transportation Facility.

MBL developed RFP No. 23-14, setting clear expectations and a detailed scope of work, to ensure that the selected contractor will assess the current conditions of each restroom’s layout, structure, stalls, equipment, piping and plumbing, lighting, etc., and design and install modern equipment and fixtures to increase efficiency while improving the ambiance of each room.

Once approved, the notice inviting proposals will be published using Planetbids.com, Masstransitmag.com, Transittalent.com, and the Wave Newspaper, beginning May 25, 2023. All bids will be submitted through the Planetbids.com platform. The due date for all proposals will be July 20, 2023. It is anticipated that a vendor will be selected in August with the award of a professional services agreement presented to the City Council for consideration shortly thereafter.

ENVIRONMENTAL:

N/A

ANALYSIS:

Staff requests approval to issue RFP No. 23-14, to identify a contractor that will undertake the necessary restroom renovations for the agency. The contractor will provide the requested services outlined in RFP No. 23-14, over a six-month (6-month) period.

A selection process will be used to evaluate proposals based on various qualitative components, and award an agreement based on a combination of price and qualitative considerations. Qualitative considerations include a management plan, proposed project team, qualifications and experience, and technical approach.

The award selection will be based on a combination of qualitative and price factors to determine the proposal deemed most advantageous to the City.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

SUMMARY:

Staff recommends that the City Council approve issuing RFP No. 23-14, attached hereto in substantial form, to solicit proposals from qualified contractors for the renovation of the restrooms at MBL’s Transportation Facility; and direct staff to take such additional related, action that may be desirable.

ATTACHMENT(S)

1. Attachment A – Request for Proposal (RFP) No. 23-14.

NEXT STEPS:

N/A

City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 23-14

TRANSIT RESTROOM RENOVATION SERVICES
May 25th, 2023
O

NLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home

ATTACHMENT A

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TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents

SECTION 2 - GENERAL TERMS AND CONDITIONS 9-16 Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre-Contractual Expenses
City of Montebello Rights
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Scope of Contract
Performance of Work
Access to Site
Selective Demolition
Preparation
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria

SECTION 3 – STATE AND LOCAL REQUIREMENTS 17-19 Compliance with the Law
Prevailing Wages
Payroll Records

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Hours of Work
Registration with the Department of Industrial Relations Classification of Contractor’s License
Ineligible Contractor or Subcontractor
Contract with Debarred Subcontractor is Void
Apprentices

SECTION 4 – OTHER REQUIREMENTS 19-22 Contract Documents
Clean Air/ Water Pollution/ Energy Conservation
Bond Requirements
Seismic Safety

SECTION 5 - QUALIFICATIONS 23

SECTION 6 - SCOPE OF WORK 23-26

SECTION 7 - FORM OF CONTRACT (SAMPLE) 27-40

SECTION 8 - FORMS AND CERTIFICATIONS 41-58 Letter of Transmittal
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E -- Statement of DBE Participants
Exhibit F – Bidder’s List of sub-Contractor (DBE and Non- DBE) Exhibit G – Buy America Provisions/ Certificates
Exhibit H – Certification Regarding Debarment, Suspension, and Other Responsibilities Primary Covered Transactions
Exhibit I – Performance Guarantee Certification
Exhibit J – Performance Bond
Exhibit K – Irrevocable Standby Letter of Credit Certificate Exhibit L – Bank Draft

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INTRODUCTION

The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals from highly -qualified contractors to provide restroom renovation services to the Operation Division at the Transportation Facility. The selected contractor will remove and replace existing fixtures, piping, and equipment, as well as associated components (e.g., urinals, toilets, sinks, drains, countertops, lighting, finishes, vents, bathroom exhaust fans, heating and cooling systems, etc.), with modern functional restroom equipment and supplies to serve the sanitary needs of the department.

As the fourth -largest municipal bus system in Los Angeles County, MBL proudly serves 5.2 million passengers a year throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Wh ittier. Our ability to provide reliable and efficient public transportation services is heavily reliant on the well-being and performance of our employees, who play a critical role in delivering these services.

This Request for Proposal (RFP) seeks a contractor to renovate four (4) restrooms. These restrooms were part of the original building construction over 25 years ago. The rooms have never undergone any renovations, are outdated, and need replacement equipment and maintenance services.

The selected contractor will be responsible for providing design, permits, labor, construction supervision, materials, tools, and equipment necessary to complete the renovation.

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DATE: May 25th, 2023
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 23-14
TITLE: CITY OF MONTEBELLO (CITY) and MONTEBELLO BUS LINES (MBL)

TRANSIT RESTROOM RENOVATION SERVICES
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals (“Proposals”) from highly-qualified contractors (“Contractors”) to provide restroom renovation services to the Operation Division at the Transportation Facility. The selected contractor will remove and replace existing fixtures, piping, and equipment, as well as associated components, with modern functional restroom equipment and supplies to serve the sanitary needs of the department.

A Pre-Proposal Meeting will be held on Tuesday, June 13th, 2023. The meeting will convene at 10:00 AM Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello. A facility walk-thru will follow the meeting.

All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).

Name: Rohan Anderson
Title: Senior Management Analyst
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: randerson@montebelloca.
gov

Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City of Montebello website.

Responses to questions or comments regarding this RFP provided by any other department, or employee, other than the contact person set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally in person will not receive a response.

Proposals must be received by Thursday, July 20
th, 2023, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.

All Proposals must contain an original signature by an authorized officer of the company.

The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and subcontracts financed in part or whole under this RFP,

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and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.

The City reserves the right to reject any or all Proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City, and to be the sole judge of the merits of the respective proposal received.

The City is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services base d on race, color, or national origin per FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age, or disability.

Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on M BL’s Civil Rights Program, and the procedures to file a complaint, contact:

Name: Adrianna Kendricks
Title: Director of Transportation
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com

You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:

U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov

TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday May 25th, 2023
Pre-Proposal Meeting Tuesday June 13th, 2023, at 10:00 AM PST Deadline to Submit Questions Thursday June 22nd, 2023, at 3:00 PM PST Responses to Questions Provided Thursday June 29th, 2023 Deadline to Submit Proposals Thursday July 20th, 2023, at 3:00 PM PST Presentations & Intent to Award Week of August 7th, 2022

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PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist along with any of the required forms or attachments may be cause for considering the Proposal non- responsive.

Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 8
2 Letter of Transmittal Page # 41
3 Licensing, Permits, Certificates, and Taxes Page # 11 4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement of DBE Participants Exhibit E
9 Bidder’s List of sub-Contractor (DBE and Non-DBE) Exhibit F 10 Buy America Provisions Exhibit G
12 Certification Regarding Debarment, Suspension, and Other Responsibilities Primary Covered Transactions
Exhibit H
19 Performance Guarantee Certification Exhibit I
20 Performance Bond Exhibit J
21 Irrevocable Stand-By Letter of Credit Certificate Exhibit K 22 Bank Draft Exhibit L

OPTIONAL ITEMS
23 Requests for exceptions or deviations Page # 8

Company Name:

Name of Proposer initialing document (print):

The email address of Company Contact:

Signature:

Title:

Date:

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SECTION 1 - INSTRUCTIONS TO PROPOSERS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839) up to the hour of 3:00 p.m. on Thursday, July 20, 2023.

All Proposals must contain an original signature by an authorized officer of the company. Proposals received after the above-listed date and time will not be considered.

Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS
· QUALIFICATIONS
· SCOPE OF WORK

Proposals shall be typed, single -spaced, and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and the Proposers' references have been checked. All Proposals shall be accompanied by a completed and signed Letter of Transmittal provided as a part of this RFP.

All requests for exceptions or deviations as a result of this RFP shall be identifiable by a separate section of the Proposer’s submitted Proposal for review by the City. It shall be the right of the City to accept or reject any portion of the submitted requests.

Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the Proposal non -responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the Proposal non -conforming and non-responsive and may cause its rejection. The completed Proposal shall be without interlineations, alterations, or erasures. Proposers submitting basic conforming Proposals may choose to submit alternate P roposals as complete and separate offers if the alternate Proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. All alternate Proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.

Proposal documents shall be deemed to include by reference each one of the following:

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms

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EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a Proposal, Proposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under this RFP, (2) Proposer comprehends all conditions that may impact the Proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is capable of providing the equipment, goods , and services necessary to perform the Scope of Work and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the Proposers’ own risk. A Proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a Proposer to have read all of the conditions, instructions and the Agreement shall not be cause to alter any term of the Agreement nor shall such failure provide valid grounds for a Proposer to withdraw its Proposal or to seek additional compensation.

SECTION 2 – GENERAL TERMS AND CONDITIONS

ADDENDA
Any changes made by the City to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from the requirements outlined in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.

CLARIFICATIONS
Should a Proposer require clarificati ons of this RFP, the Proposer shall notify the City’s Point of Contact identified in this RFP in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. The aforesaid addendum shall be posted on the PlanetBids.com web page.

All questions, clarifications, or comments must be submitted to or no later than 3:00 pm, Tuesday, June 13 th, 2023. No questions will be answered individually by the City or MBL.

Requests for clarification, questions, and comments must be posted on the PlanetBids.com Q & A section.

The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.

Responses by the City to the clarifications, comments , and questions will be communicated via PlanetBids.com. Every attempt will b e made to respond to all Proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.

Requests for clarifications and questions should be formatted in the following manner:

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question

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DISCREPANCIES AND MISUNDERSTANDINGS
Proposers must satisfy themselves by personal examination of any worksite, d rawings, Scopes of Work , and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No Proposer shall at any time after submission of the Proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or o ther documents provided, shall be called to the attention of the City and clarified before the submission of Proposals.

WITHDRAWAL OF PROPOSALS
Proposers may withdraw their Proposals in writing, provided that such requests are received by the City before the scheduled deadline for Proposal submission or within six (6) months following the scheduled deadline for Proposal submission when no contract has been awarded.

REFERENCES
All reference information requested in this RFP and specifie d in the form included in this RFP must be submitted with the Proposal. Refer to Exhibit B.

At the discretion of the City’s committee assigned to review Proposals in response to this RFP (“Evaluation Committee”), the City may elect to perform site visits at the Proposer’s customer locations. These optional site visits will be in addition to any presentations and/or tech nical demonstrations. Some or all RFP Evaluation Committee members would travel, at City expense, to sites at which finalist Proposers are performing like services. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the Proposer’s implementation and performance.

PROPOSAL SIGNATURES
If an individual makes the Proposal it shall be signed, and the full name and address of the Proposer shall be given.

If a partnership makes the Proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.

If a corporation prepares the Proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized o fficer signature is binding for the corporation, this will suffice to omit the second signature requirement in the Proposal. A certified letter is to be included in the Proposal accompanied by the Letter of Transmittal.

PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre -contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:
· Preparing the Proposal in response to this request
· Submitting that Proposal to the City

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· Negotiating with the City any matter related to this Proposal, and/or · Any other expenses incurred by the Proposer before the date of the award

CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:

1. Reject any and/or all Proposals for no reason or any reason including but not limited to the following:
a. The Proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.

2. Reject any Proposal that, in the opinion of the City, is so unbalanced in comparison to other Proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;

3. Accept all or any part of a Proposal;

4. Cancel the entire RFP;

5. Issue subsequent RFPs; or

6. Waive any errors or informalities in any Proposal, to the extent permitted by law.

LICENSING, PERMITS, AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for all taxes due as a result of the contract.

RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State, and local regulations, standards, and ordinances, regardless of whether or not they are referred to in the RFP.

CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City and may become public record subject to disclosure, except for those elements determined to be exempt from disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act. The City shall not in any way be liable or responsible for the disclosure of any Proposals or portions thereof where such disclosure is required by law.

JOINT OFFERS
Where two (2) or more Proposers desire to submit in response to this RFP, they shall do so on a prime - sub-Contractor-basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any Proposal submitted on behalf of any form of a joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.

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COMPANY PERSONNEL
It shall be the burden of the successful Proposer to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful Proposer. Personnel shall not be employees of or have any contractual relationship with the City. Successful Proposer’s personnel shall conduct themselves in a professional manner to all City employees at all times. Rude or discourteous behavior by the successful Proposer will not be tolerated and the offense can be justification for termination of the contract. All sub -Contractors of successful Proposer shall abide by all the requirements outlined in this section.

SINGLE PROPOSAL RESPONSE
If only one Proposal is received in response to this RFP, a detailed cost/price Proposal may be requested of the Proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed to determine if the price is fair and reasonable. If the City determines a cost analysis is required, Proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs, etc.) and documentation supporting all cost elements.

PROTEST PROCEDURES
All protests must be filed in accordance with the following:

1. The protest must be in writing and identify the solicitation (RFP) number.

2. The protest must be submitted by some return receipt method or guarantee of delivery that ensures that the protest was received promptly. The City is not responsible for lost or delayed deliverables.

3. The party’s standing to protest must be identified.

4. Identification of the specific provision, law, regulation, specification, procedure , or policy violated.

5. A statement of the relief requested.

Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date. Protests related to matters other than the content of the RFP shall be received no later than five (5) days after proposal opening. If the Protest does not comply with the preceding requirements it may not be evaluated and may be returned to the Protestor.

All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.

INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the Proposer’s response, including all promises, warranties, commitments , and representations made in the successful Proposal, shall be binding and incorporated by refer ence in the City’s contract with the successful Proposer.

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TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the period specified in the RFP. In case the services under the terms of these provisions and related purchase contract shall be necessarily delayed because of a strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful Contractor, the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between Contractor and MBL.

PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to the City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.

Payment will be made within thirty (30) days after acceptance and approval of the invoice.

Payment Schedule: Monthly
Manner: Provide (1) One invoice monthly.

SCOPE OF CONTRACT
The Contractor shall provide all services necessary as per the Scope of Work described in this RFP.

PERFORMANCE OF WORK
These specifications intend to provide only services that meet the standard of care of similar con tractors performing similar services in the same or similar locale. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work according to the provisions. It is the aim of these specifications that the Contractor provides complete services of the type prescribed. Any items omitted from such specifications that are necessary for the completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Contractor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.

ACCESS TO SITE
The Contractor shall have limited use of the Project site for construction operations during the construction period. The use of the site will be limited to the work area. The Contractor shall not disturb other areas of the site without MBL’s approval.

Driveways, Walkways, and Entrances: Keep entry driveways and personnel entrances serving premises clear and available to MBL, MBL’s employees, and emergency vehicles at all times. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupie d or used facilities without written permission from the City of Montebello, Montebello Bus Lines (MBL), and the Project Manager’s approval.

The Contractor shall coordinate their work with the MBL Project Manager and Transit staff to ensure minimal disruption to the operation of the Transportation Facility during construction. At least two of the four restrooms should remain operational during the renovation process to cater to the needs of the staff. Any shared areas or systems adjacent to the restrooms under renovation must remain fully functional. The

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Contractor is also responsible for maintaining the safety and security of portions of the ex isting building affected by the renovation operations throughout the construction period.

"MBL will continue to occupy the site and the existing building throughout the entire construction period.

The Contractor is expected to cooperate with the MBL Project Manager during the construction operations to minimize conflicts and facilitate the ongoing MBL Transit operations. The work must be performed in a way that does not interfere with MBL’s day-to-day operations.

SELECTIVE DEMOLITION
MBL will occupy portions of the building immediately adjacent to selective demolition areas. Condu ct selective demolition so MBL’s operations will not be disrupted. Maintain existing utilities in service and protect them against damage during selective demolition operations. Demolish and remove existing construction only to the extent required by new construction. Dust suppression methods shall be used to minimize dust generation.

PREPARATION
Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain.
· Provide protection to ensure the safe passage of people around selective demolition area and to and from occupied portions of the building.
· Protect walls, ceilings, floors, and other existing finish work that are to remain or that are exposed during selective demolition operations.

AWARD OF CONTRACT
The contract resulting from this RFP will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
· Accept all or any part of a proposal;
· Reject any or all proposals for any reason;
· Waive any informality or minor errors to the extent permitted by law; · Award the Agreement as the interest of the City may require; · Cancel the entire RFP; or
· Issue subsequent RFP’s.

An Evaluation Committee comprised of MBL staff in accordance with the Proposal Evaluation Criteria set forth in the Evaluation Criteria section of this RFP will evaluate all the Proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.

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The City may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City. However, negotiations may or may not be conducted with Proposers; ther efore, the proposal submitted should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.

No agreement shall exist until the City Council or City Manager has awarded the Professional Services Agreement (“Agreement” see Section 7 – Form of Contract [Sample]) and it has been mutually executed.

The City reserves the right to reject any and all Proposals for any reason, to waive any informality or minor errors as determined by the City in any Proposal, and to award the Agreement as the best interests of the City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the Proposals.

POINT OF CONTACT
This RFP is issued by the City, and the Senior Management Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, officers, personnel, or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:

City of Montebello Transportation Department
Attention: Rohan Anderson,
Senior Management Analyst
400 South Taylor Ave.

Montebello, CA 90640
(323) 558-1625 ext. 104
Email: randerson@montebelloca.
gov

If the Point of Contact determines a response to any such inquiry is warranted, the response will be issued to all prospective Proposers via PlanetBids.com.

EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain qualitative considerations. Qualitative considerations may include experience and qualifications, technical approach, quality of proposed personnel, and/or a project management plan. The award selecti on is based upon consideration of qualitative factors to determine the offer deemed most advantageous to MBL.

An Evaluation Committee will be appointed to review all proposals. The committee will be comprised of MBL staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.

MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria • The Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example, a sample certificate with another agency, or a statement

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that the proposer can meet the insurance requirements in the RFP shoul d be attached to the proposal.
• The proposer has demonstrated evidence of good standing. If the Proposer is a corporation or limited liability company, provide evidence that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If the Proposer is a partnership or joint venture, provide such evidence for all partners or members. Evidence provided must be in the form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the Proposer is operating under a fictitious name or trade name, provide evidence that the Proposer has filed for and/or registered the fictitious name with the county where the Proposer’s business is located.

On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Qualitative considerations will be reviewed and scored first without attention to the price.

The committee will then open the cost and price proposals and evaluate and score them a ccordingly.

During the qualitative evaluation, the Evaluation Committee, at its sole discretion may contact any or all the Proposers with specific question s or requests for clarification. After both the qua litative and cost/price proposals have been evaluated and scored, the Evaluation Committee will arrive at a “comprehensive proposal score” for each proposal. A list of top -ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by the Evaluation Committee members. At this time, the Evaluation C ommittee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.

The Evaluation Committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. If a Proposer is unable to meet the deadline or chooses not to revise its proposal, its existing Proposal will be re-scored along with revised Proposals in the same manner as the original Proposals.

EVALUATION CRITERIA
Award will be made to the Contractor whose Proposal offers the best value to the City . Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:

Qualitative Considerations
The Proposer’s Qualitative Proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the Proposer’s knowledge of the standards outlined in the Scope of Work.

15 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of Restroom Renovation Services.

10 points

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3 Qualifications and Experience
Demonstrate experience completing Restroom Renovation Services projects of the same or similar magnitude. Presentation of a catalog of Restroom demolition and construction experience and expertise most advantageous to the City.

20 points
4 Technical Approach
Contractor will submit with their proposal a written plan of action. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.

Understanding of the RFP requirements and illustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting.

30 points
TOTAL 75 points

Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The Proposer’s Price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.

25 points
TOTAL 25 points

All other Price proposals will be scored as follows:

Proposer Price Score = Best Price proposal x 25 (Total Points Available for Price Evaluation).

SECTION 3 – STATE AND LOCAL REQUIREMENTS

COMPLIANCE WITH THE LAW
The contractor shall at all tim es observe and comply with all app licable law s, ord inances, c odes, and regulations of the f ederal, state, and loc al g overnments including, but not limited to the Montebe llo Municipal Code. Owner, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section.

PREVAILING WAGES
The contractor is aware of the requirements of California Labor Code (“Labor Code”) section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Professional Services are being performed as part of an applicable “public works,” as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Owner shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of th e contemplated agreement. Contractor shall make copies of the prevailing rates of per diem wages for each

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craft, classification, or type of worker needed to execute the Professional Services available to interested parties upon request, and shall post copies at Contractor’s principal place o f business and at the project site. The Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The Contractor and each subcontractor shall forfeit as a penalty to Owner not more than Two Hundred Dollars and Zero Cents ($200.00) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between su ch stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.

PAYROLL RECORDS
In accordance with the requirements of Labor Code section 1776, the Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours. In the event of noncompliance with the requirements of this Section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day (10) period, Contractor shall, as a penalty to Owner, forfeit not more than One Hundred Dollars and Zero Cents ($100.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner.

Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor.

HOURS OF WORK
Pursuant to the provisions of the Labor Code, eight (8) hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight (8) hours during any one calendar day, and forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one (1) and one -half (1-1/2) the basic rate for all hours worked in excess of eight (8) hours per day (“Eight-Hour Law”), unless Contractor or the Services are not subject to the Eight -Hour Law. Pursuant to section 1813 of the Labor Code, Contractor shall forfeit a penalty of Twenty-Five Dollars and Zero Cents ($25.00) per worker for each day that each worker is permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS The Contractor acknowledges, understands and warrants that it is, or will registered with the Department of Industrial Relations (“DIR”) in accordance with Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or

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subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

CLASSIFICATION OF CONTRACTOR'S LICENSE
The Contractor acknowledges and understands that it shall possess a license to perform the public work contemplated herein. Public Contract Code s ection 3300. The Contractor further acknowledges and understands that it shall possess the proper license at the time the contract is awarded, not at the time the bid is submitted or opened. Public Contract Code section 6100. The Contractor and/or sub-contractor shall possess the following types of contractor’s license (s) to perform the work pursuant to this Agreement:
• A – “General Engineering” or B – “General Building Contractor” • C-10 – “Electrical Contractor”

INELIGIBLE CONTRACTOR OR SUBCONTRACTOR
The Contractor acknowledges and understands that performance of work on a public works project with a subcontractor who is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited. Public Contract Code section 6109(a).

CONTRACT WITH DEBARRED SUBCONTRACTOR IS VOID
The Contractor acknowledges and understands that any agreement on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on a project. Public Contract Code section 6109(b).

APPRENTICES
If Labor Code s ection 1777.5 applies to the contemplated Services, the Contractor an d any subcontractor hereunder who employs workers in any apprentice able craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving the Contractor or any subcontractor for the employment and training of apprentices.

SECTION 4 – OTHER REQUIREMENTS
CONTRACT DOCUMENTS: Oral Changes / Contract Termination / ‘Buy America’ Provision / Permits (a) Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a Contract modification.

(b) Contract Termination: MBL may terminate any resulting Contract for convenience at any time by giving the Contractor written notice thereof. Upon termination, MBL shall pay the Contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to effect such termination, determined in acc ordance with Part 1 -8.705-1 of the Federal Procurement Regulations (41CFR 1 -8) or other applicable portion(s) of said Regulations. In

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addition, MBL shall pay the Contractor a percentage of the project, which relates to Contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.

In the event the Contractor breaches the terms or violates the conditions of the Contract, and does not within ten (10) days, thereafter, cure such breach of viola tion, MBL may immediately terminate the Contract for default. The contractor shall be liable for any and all costs incurred by MBL as a result of such default.
(c) Buy America: The Buy American requirement provides that federal funds may not be obligated for mass transportation projects unless steel, cement, and manufactured products used in such projects are produced in the United States. The requirement will not apply in the following four cases:
(i) When its application is against the public interest (as decided by the FTA Administration on a case-by-case basis).
(ii) When the required materials and products are not produced in the U.S. in sufficient quantities and of satisfactory quality.
(iii) When, in the procurement of buses and other rolling stock, the cost of the components which are produced in the U.S. is more than 60 percent of the cost of all components of the vehicle or equipment, and if the final assembly takes place in the U.S. (iv) When the inclusion of domestic material will increase the over- all cost of the project Contract by more than 10 percent in the case of projects for the acquisition of buses and rolling stocks; and 25 percent in the case of all other projects.

The Contractor, who seeks to establish grounds for an exception, must seek the exception, in writing, to the Management Analyst at least fifteen (15) days prior to proposal opening.

When a petition for investigation has been filed with FTA before award, MBL reserves the right to not make an award prior to the resolution of the i nvestigation by FTA and when a request for investigation has been filed with FTA before the opening of proposals, MBL reserves the right to not open proposals prior to the resolution of the investigation by FTA.

The Contractor and all Sub-Contractors with contracts of $100,000 or more are required to certify compliance or non -compliance with this provision by submitting the attached “Buy America Certificate” (Exhibit G), with the proposal.
(d) Permits: The contractor shall be responsible for obtaining any and all permits required to perform any installations. The installation shall be in complete compliance with the City of Montebello Building, Fire Codes, and CAL OSHA and any other governmental regulations that relate to this contract.

CLEAN AIR/ WATER POLLUTION/ ENERGY CONSERVATION

The Contractor shall comply with the provisions of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C., 1251 et seq.), and all applicable and

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mandatory standards, policies, orders, or requirements issued pursuant to Federal statute or regulation relating to energy efficiency that is contained in applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). The c ontractor is responsible for reporting any violations to MBL and understands and agrees that MBL will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

The Contractor also agrees to include these requirements in each subcontract exceeding $100,000.

BOND REQUIREMENTS

Bid Guarantee
Contractors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of such guaranty shall be equal to 5% of the total bid price.

In submitting this bid, it is understood and agreed by Contractor that the City reserves the right to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.

It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into th is Contract as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.

The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive. (Exhibit I. Performance Bid Guarantee)

Performance Guarantee

A Performance Guarantee in the amount of 100% of the Contract value is required by the City to ensure faithful performance of the Contract. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.

The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Contract execution (Exhibit J. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the

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contract price. The City may secure additional protection by directing the Contrac tor to increase the amount of the existing bond or to obtain an additional bond.

If the Contractor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Contractor. The Contractor shall also provide a statement from the banking institution certifying that an Irrevocable Standb y Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:

1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.

2. It is in writing and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.

4. The City is identified as the Beneficiary.

5. It is in an amount equal to 100% of the Contract value. This amount must be in U.S. dollars.

6. The effective date of the Letter of Credit is the same as the effective date of the Contract.

7. The expiration date of the Letter of Credit coincides with the term of this Agreement.

8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must specifically reference the Contract between the City and the Contractor the work stipulated herein.

The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attached forms contained in Exhibit K . Irrevocable Stand-By Letter of Credit Certificate and Exhibit L. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.

Payment Bonds
A Labor and Ma terials Payment Bond equal to the full value of the contract must be furnished by the contractor to the City as security for payment by the Contractor and subcontractors for labor, materials, and rental of equipment. The bond may be issued by a fully qualified surety company acceptable to (City) and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder.

SEISMIC SAFETY
The contractor agrees that any new building or addition to an e xisting building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations 49 C.F.R. part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this contract, including work performed by a subcontractor, and is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.

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SECTION 5 – QUALIFICATIONS
To be considered responsive to the RFP, Proposers must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non - compliance with these requirements may disqualify your proposal from further consideration.

A. List and describe a minimum of three (3) projects or experiences, similar to the Project contemplated in this RFP, which the Proposer is currently performing or has performed within the last thirty-six (36) months.

B. The Contractor must have at least 5 years experience in renovation services.

C. All electrical work must be performed with a C10 licensed electrician.

D. The Contractor must have valid liability insurance. Insurance requirements are stated in the General Terms and Conditions.

E. The Proposer’s firm or company has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.

F. The Proposer’s firm or company is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations , including, without limitation, prevailing wage laws, and apprenticeship laws.

G. Licensed to do business in the State of California. The firm can provide applicable Certifications (if required).

SECTION 6 – SCOPE OF WORK

BACKGROUND
The City of Montebello, Montebello Bus Lines (MBL), is requesting proposals from highly qualified contractors to provide restroom renovation services to the Operation Division at the Transportation Facility. The Division has four restrooms. These restrooms are a part of the original building construction over 25 years ago. The rooms have never undergone any renovations, are outdated, and need replacement equipment and maintenance services. After a recent inspection, MBL staff concluded that there was significant water damage near the shower area of the bathrooms. Due to the extent of the damage, the decision was made to completely rebuild all four restrooms in the Operation Division of MBL Transportation Facility.

PROJECT OVERVIEW
The objec�ve of this project is to renovate the restrooms on the first floor of the Transporta�on Facility - Opera�on Division. The selected contractor will remove and replace exis�ng fixtures, piping, and equipment, as well as associated components (e.g., urinals, toilets, sin ks, drains, countertops, ligh�ng, finishes, vents, bathroom exhaust fans, hea�ng and cooling systems, etc.), with modern func�onal restroom equipment and supplies to serve the sanitary needs of the department. The contractor will be responsible for providing design, permits, labor, construc�on supervision, materials, tools, and equipment necessary to complete the renova�on.

The contractor will provide the following deliverables, subject to prior MBL approval, during business hours of 7:30 AM and 5:30 PM (Pacific Standard Time) Monday through Friday as follows:

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• Evaluation: The contractor will be responsible for assessing the current conditions of the bathroom layout, structure, stalls, equipment, piping and plumbing, lighting, fixtures, etc. This evaluation shall include and identify, but not be limited to: room dimensions, door and/or window openings, room finishes, all bath and toilet fixtures, waste, drains, vent and water supply piping, floor drains, heating and/or cooling outlets, emergency and area light fixtures and electrical devices.

• Design: The contractor will provide MBL management staff with design plans and recommendations to increase efficiency while improving the ambiance of each room. The contractor will provide a project schedule that will ensure that MBL staff are never without access to a usable washroom.

• Demolition/Disposal: The contractor will be responsible for the demolition of all existing tiles and other materials to rebuild the bathrooms. This includes remov al/disposal of all fixtures, such as toilets, urinals, countertops, partitions, light fixtures, vents, and plumbing fixtures.

• Repairs: The contractor will make necessary repairs to the structure including replacing the bottom plate of wall(s), reinforcing the floor/ceiling framing, and replacing existing damaged studs.

• Waterproofing: The contractor will waterproof the showered areas and ensure the waterproofing is in compliance with the building code requirements for the state of California, using suitable techniques according to industry standards.

• Shower and wall tiling: The contractor will tile the showers to the full height of the wall.

• Plumbing: The contractor will install a new toilet in each of the larger two (2) restrooms. In the men’s restroom, the urinal and toilet will be moved to make room for the additional seat. The contractor will also replace all plumbing fixtures.

• Stall partitions: The contractor will remove and replace all stall partitions for toilets and urinals.

• Countertops and plumbing: The contractor will add new countertops and p lumbing for all bathrooms.

• Fire system: The contractor will remove and reinstall existing fire syst em devices and replace hardware/devices if they are no longer compliant.

• Drywall, prep surfaces, and paint: The contractor will be tasked with the installation of drywalls, preparation of surfaces, and painting all non-tiled surfaces within the restroom that require paint.

• Light fixtures and vents: The contractor will remove and replace all light fixtures and vents in the bathroom.

• ADA Compliance: The contractor is responsible for ensuring that the two (2) smaller restrooms are handicap accessible and demonstrate complete ADA compliance.

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TECHNICAL SPECIFICATIONS
The Contractor deliverables should include, but is not limited to:

TILE – (x2 Restrooms)
- T-1 Emser Tile Color TBD 12" x 24" Floor
- T-2 Emser Tile Color TBD 6" x 6" Shower Floor
- T-3 Emser Tile Color TBD 12" x 24" Walls
- TR-1 Schluter Dilex AE Cove Pieces
- TR-2 Schluter Dilex Scheine Corners Inside and Outside - TR-3 Schluter Schiene AE Tile Trim
- Float Floor 1"-2" TCNA F112
- RG RedGard Waterproofing and Crack Isola�on Membrane Roll On

PLUMBING
- Reconfigure Plumbing
- Install New Shower Fixtures
- New Urinals
- New Toilets
- New Lavatory’s
- New Trap Primers
- Excava�on and Sand Backfill
- Provide access Panes for plumbing

PAINTING
- Pain�ng of ceiling, door jams, and any other non- �led services requiring pain�ng within the Restrooms, including primers and other relevant prep work.

TOILET

SCREENS
- Toilet Compartments and Screens 5 Restrooms
- Restroom accessories per plans & specs

MILL
WORK
- Restroom Countertops - Quart Calacata
- Fabricated Millwork for Bathroom Vani�es

ELECTRICAL
- Restrooms Demo all the lights and install the new Halo LTQ 69691EDM 6" & Halo LTQ406951EDM 4" and exchange fan 10.5W
- Install new light switches.
- All Lights Surface mounts will be removed, and new lights will be installed.

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CLEAN UP
The Contractor shall keep the premises and surrounding area free from the accumula�on of waste materials or rubbish caused by opera�ons under the agreement. At the comple�on of the SOW , the Contractor shall remove and clean up all byproducts, debris, and rubbish caused by the opera�ons under the agreement. If the Contractor fails to clean up, the City may do so, and the cost thereof shall be charged to the Contractor.

TESTING AND ACCEPTANCE
Following the renovation, the Contractor shall perform an acceptance test. A test outline shall be provided to MBL for approval prior to performing the test. The test program shall show that the equipment meets all of the conditions described by the specification and that the equipment will perform as intended.

WARRANTY
a. Upon completion of the renovation, the awarded Contractor shall provide twelve (12) months of warranty repairs against manufacturing defects in materials, function, and workmanship. b. Warranty repairs shall include materials, freight of any kind, travel expenses, mileage, labor, and any other related expenses necessary to correct defects. c. In the event of an equipment malfunction or/and any defects during the warranty period, the Contractor will be required to repair any such issue within five (5) days of notification.

SECTION 7 – FORM OF CONTRACT (SAMPLE)

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO.

WITH …………………………, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on August 22, 2023 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ………………………….. (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, CITY desires to retain a qualified professional Contractor to to provide restroom renovation services to the Operation Division at the Transportation Facility (“Project”); and

WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and

WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and

WHEREAS, CONTRACTOR responded to CITY’s Request for Proposals (“RFP”) dated May 25, 2023

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(“RFP No. 23-14”) with a proposal dated [INSERT DATE], as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Contractor Proposal”).

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS

The above- referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of preference, all which are incorporated herein and made part of this Agreement, as though fully set forth herein.

A. This Agreement, including any and all addendum, attachments, exhibits or supplemental agreements;
B. RFP No. 23-14;
C. CONTRACTOR’s Proposal dated [INSERT DATE]; and
D. All other documents, including but not limited to, all required bonds, insurance, certificates, permits, notices, schedules, forms, certifications, and affidavits.

These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedent shall be as set forth above.

SECTION 2. SERVICES / COMPENSATION.

A. CONTRACTOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

B. CONTRACTOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.

C. CONTRACTOR shall be compensated a sum not-to-exceed $………………………………………(the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONTRACTOR shall provide an item ized billing statement to CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.

D. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR within thirty (30) days of the date of such invoice.

E. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details

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in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.

F. Failure of CITY to submit full payment of an invoice within thirty (3 0) days of the date thereof subjects this agreement and the work herein contemplated to suspension or terminat ion at CONTRACTOR's discretion.

SECTION 3. TERM.

This Agreement shall commence on ………………, 2023 and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 7 herein.

The Parties agree that Sections 6(B), 11, 12, 13, 14, 15, 19, 20, 22, 23 and 26 shall survive for three (3) years following the expiration or termination of this Agreement.

SECTION 4. CONTRACT DOCUMENTS.

For purpose of this Agreement, the contract documents for the aforesaid Project shall consist of (and are outlined in the following order of preference):

A. RFP No. 23-14;
B. Proposer’s [DATE] Proposal for Transit Restroom Renovation and all referenced specifications, details, and appendices (Exhibit “A” – “C”); C. All required bonds, insurance certificates, permits, notices, schedules, forms, certifications and affidavits; and
D. Any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.

All of the provisions of said Contract Documents constitute a material part hereof and shall be hereby incorporated by reference as though fully set forth herein.

SECTION 5. PERFORMANCE.

A. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.

B. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.

C. CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

D. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub -Contractors to assist in the completion of services as herein defined.

Compensation for additional individuals, Contractors, or sub-Contractors shall be the sole and exclusive responsibility of the CONTRACTOR.

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E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, timecards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR ’s regular working hours to CITY for review and audit by CITY.

F. All reports, documents , or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.

SECTION 6. WORK PRODUCT.

A. CONTRACTOR hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONTRACTOR may take and retain copies of such written products as desired.

B. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior writt en consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

C. Documents are provided in CONTRACTOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONTRACTOR be liable for any loss of use, profit or any other damage.

SECTION 7. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).

SECTION 8. CITY SUPERVISION.

CITY’s Transportation Director (“Transportation Director”) shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

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SECTION 9. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

B. Termination for Convenience . CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for co nvenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any “non-refundable” costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by CONTRACTOR prior to the date of termination; (2) that CONTRACTOR provides CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 10. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.

SECTION 11. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

SECTION 12. INDEPENDENT CONTRACTOR.

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

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Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agree ment, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-Contractors for injury or sickness arising out of performing services hereunder.

B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

C. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub-C ontractors with workers’ compensation insurance or any ot her insurance.

SECTION 13. PERS ELIGIBILITY INDEMNITY.

A. In the event that CONTRACTOR or any employee, agent, or sub -Contractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-Contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-Contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 14. LEGAL RESPONSIBILITIES.

CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this section.

SECTION 15. INDEMNIFICATION.

CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expen ses, causes of action, and judgments at

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law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.

SECTION 16. INSURANCE COVERAGE.

During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than One Million Dollars and Zero Cents ($1,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.

Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONTRACTOR for CITY and to require each of its sub-Contractors, if any, to do likewise under their workers’ compensation insurance policies.

By executing this Agreement, CONTRACTOR further certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.

Professional Err ors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retro active date prior to the effective date of this Agreement,

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CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

CONTACTOR shall require each of its sub-Contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating o f at least A : VII in the latest edition of Best's Insurance Guide, and approved by CITY.

Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ notice for non-payment) prior written notice.

CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.

At all times during the Term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).

CONTRACTOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

Except for professional liability and workers’ compensation policies, the policies herein are primary and non -contributing with an y insurance that may be carried by CITY. Any insurance or self- insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents or sub -Contractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.

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Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.

Coverage applies separately. CONTRACTOR’s insura nce shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self -insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self- insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

Procurement of insurance by CONTRACTOR shall not be cons trued as a limitation of CONTRACTOR's liability or as fall performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.

CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONTRACTOR to comply with this section.

SECTION 17. CALIFORNIA LABOR CODE

A. Licenses, Permits, Fees, and Assessments. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law of 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 required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against CITY hereunder. CONTRACTOR shall be responsible for all subcontractors’ compliance with this Sub - Section 18(A).

B. Prevailing Wage Laws.

i. In a cc
ordance with California Labor Cod e (“Labor Code”) section 1770 et seq. , the director of the D epartment of Industrial Rela tions (DIR) of the Stat e of California has ascertained a general prevailing rate of wages which is the minimum amount which shall be paid to a ll workers employed to perform the work pursuant to th is Agreement. A copy of the g eneral prevailing wage ra te determination is on f ile in CITY’s Department of Public Works (“Public Works”) and is hereby incor porated in th is A greement.

CONTRACTOR is required to post a c opy of su ch wage rates at all times at the contract site.
ii. In accordance w ith the provisions of La bor Code se ction 1 810 et s eq., eight (8) hours is the legal working day. CONTRACTOR must forfeit to CITY Twenty-Five Dollars ($25.00) a day for each worker who wor ks in excess of the minimum wor king hours w hen Contractor does not pay overtime. The statutory penalties for failure to pay prevailing wage or to comp ly with Sta te wage and hour laws wi ll be enforced. iii. CONTRACTOR a lso s hall comp ly with State law requirem ents to mainta in payro ll records and sha ll provi de for certified records and ins pection of records as required b y Labor Code section 1770 et seq., including Sections 1775 and 1776. CONTRACTOR shall comply w ith a ll statutor y requirements rela ting to the employment of a pprentices, including requirements set forth in Labor Code sections 1777.5 and 1777.6. iv. C ONTRACTOR is subject to DIR monitoring and enforcement regarding the payment of wages and payroll records.

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v. Contractor and subcontractors shall report payroll records directly to DIR in accordance with Labor Code section 1771.4.

C. C ontractor Registration with DIR . Pursuant to Labor Cod e se ction 17 71.1, a contra ctor or subcontractor sha ll not be q ualified to b id on, be listed in a b id p roposal, sub ject to th e requirements of Section 4104 of the Public Contract Code, be awarded a public works contract o r engage in the performance of any c ontract fo r public work (as defi ned by Division 2, Part 7, Chapter 1 of the Labor Code (section 1720, et seq.)), unless currently registered and qualified to perform public work pursuant to Section 1725.5. In compliance with Labor Code Section 1771.4, Contractor is required to post job site not ices required by law.

D. Type of C ontractor License(s). CONTRACTOR shall possess the following types of contractor’s license(s) to perform the work pursuant to this Agreement:

• [INSERT CLASS – INSERT LICENSE TITLE]
• [INSERT CLASS – INSERT LICENSE TITLE]

E. Ineligible Contractor Prohibited. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1771.1, 1777.1, or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.

F. Workers’ Compensation. CONTRACTOR must secure the payment of workers’ compensation to all workers employed to perform the work pursuant to this Agreement as provided in Labor Code sections 1860 and 3700. CONTRACTOR must sign and file a statutorily prescribed statement acknowledging its obligation so secure the payment of workers’ compensation to all workers employed to perform the work pursuant to this Agreement before beginning work pursuant to Labor Code Section.

SECTION 18. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

CONTRACTOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub- contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONTRACTOR under the Agreement.

SECTION 19. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.

SECTION 20. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any

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action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 21. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 22. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 23. MISCELLANEOUS.

A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual

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signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

SECTION 24. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640

CONTRACTOR
________________________
________________________
________________________
________________________

SECTION 25. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.

CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 26. CONFLICT OF INTEREST.

CONTRACTOR and its officers, employees, associates and sub -Contractors, if any, shall comply with all California conflict of interest statutes applicable to Contractor ’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code section 1090. CONTRACTOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under

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this Agreement, or which would conflict in any manner with the performance of its services hereunder.

CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONTRACT OR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONTRACTOR .

CONTRACTOR's covenant under this section shall survive the termination of this Agreement.

SECTION 27. FORCE MAJEURE

Th e ti me p eriod(s) spe cified in t he S chedule of Perfo rmance for performance of the serv ices rendered pursuant to th is Agreement sha ll be ext ended because of any delays due to unforesee able causes be yond the control and w ithout the f ault o r negligence of CONTRACTOR, in cluding, but no t restricted to, a cts of God or of the pub lic enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight emba rgoes, wars, l itigation, and/or acts of an y governmental agency, including CITY, if CONTRACTOR shall within ten ( 10 ) days of the commencement of such delay notify CITY in writing of the c auses for the delay. CITY 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 CITY such delay is justifi ed. CITY’s determi nation sha ll be fi nal and conclusive upon the Parties to this Agreement.

SECTION 28. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

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[SIGNATURES ON NEXT PAGE]

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CITY OF MONTEBELLO CONTRACTOR

_______________________ _____________________
René Bobadilla Name and Title
City Manager

Dated: _____________ Dated: _____________

ATTEST:

______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM

________________________
Arnold M. Alvarez-Glasman
City Attorney

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SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department

SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 23-14

TRANSIT RESTROOM RENOVATION SERVICES
In response to the subject Request for Proposal (RFP) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent Contract.

The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.

If awarded a contract, the Proposer agrees to execute the Agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award t ogether with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.

The Proposer certifies that it has:

1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:

2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in the performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.

3. Examined the experience, skill , and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and

4. Carefully review the accuracy of all statements and figures shown in the Proposal and attachment hereto.

Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.

The Proposer further certifies that:

1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,

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2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Proposal Documents:

Addenda No(s)
Dated Dated

Dated Dated

Dated Dated

Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.

Proposer’s Name:

Business Address:

Contact Person:

Phone:

Email Address:

Signature of Authorized Official: Signature of Authorized Official:

Typed or Printed Name: Typed or Printed Name:

Title Title

Date Date

(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)

For Proposals requiring licenses the following information is required:

Contractor’s License No.

Expiration Date:

License Classification:

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EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP Transit Restroom Renovation Services Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and ho ld harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunt eers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, clai ms, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, inclu ding fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resul ting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, serv ants, employees, sub -Contractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which I ndemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right t o recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall b e construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitee s.

City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Indemnification an d Hold Harmless Agreement.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regard less of any prior, concurrent, or subsequent non-active negligence by the Indemnitees.

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: _________________________________________________ By: _________________________________________ (Signature) (Signature)
Title: ______________________________________________ Title: ______________________________________

Date: ________________________________________________Date: ________________________________________

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EXHIBIT B

REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

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EXHIBIT C

INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.

The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:

A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.

There shall be no cross liability exclusion for claims or suits by one insured against another.

Limits shall be no less than $1,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.

B. Business Auto Coverage on ISO Business Auto Coverag e form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the gen eral liability policy described in the preceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.

D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shal l be on or before the effective date of this Agreement. City, it’s officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage’s and automobile coverage’s with respect to liability arising out of successful Proposer’s work under this Agreement.

E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly

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Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".

EXHIBIT D
RFP No. 23-14

TRANSIT RESTROOM RENOVATION SERVICES

COST PROPOSAL SHEET
Quantity Description of Work Cost of Needs
Lump sum Evaluation and Design $
Lump sum Demolition and removal of existing equipment $ Lump sum Waterproofing and other Infrastructure setups $ Lump sum Plumbing $
Lump sum New Restroom equipment and installation $
Lump sum Electrical installation cost $
Lump sum Painting $
TOTAL
$

List other costs/fees: Description Cost/Fees

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EXHIBIT E

STATEMENT OF

DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION

This proposal provides for the following Disadvantaged Business Enterprise participation:

Disadvantaged Business Enterprise

Firm Name

Address

Phone Number

Type of Business

Current DBE Certification? Yes* *No

*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)

Total $
% of Total Contract
Signature: Date:

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EXHIBIT F
Bidder’s List of sub-Contractors (DBE and Non-DBE)
Part I
The bidder shall list all sub -Contractors (both DBE and non- DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE sub-Contractors elsewhere in the proposal. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

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Part II
The bidder shall list all sub -Contractors who provided a quote or bid but were not selected to participate as a sub - Contractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations.

Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)

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EXHIBIT G

"BUY AMERICA" PROVISION

This procurement is subject to the Federal Transit Administration "Buy America" Requirements in 49 CFR Part 661.

A "Buy America" Certificate, as per the format presented below, must be completed and submitted with the bid/proposal. A bid/proposal which does not include the certificate will be considered non - responsive.

A waiver from the "Buy America" Provision may be sought ____________________________________if grounds for the waiver exist.

Section 165a of the Surface Transportation Assistance (STA) Act of 1982 permits FTA participation on this contract only if steel, cement, and manufactured products used in the contract are produced in the United States.

BUY AMERICA CERTIFICATE

This certification shall be fully executed by all bidders/proposers submitting bids/proposals.

The hereby certifies that
(Name of Bidder/ Proposer)

____ All of the manufacturing processes for steel and manufactured products take place in the United States and all items or material used in the product must be of United States origin.

____ The cost of rolling stock and bus components produced in the U nited States is more than 50 percent of the cost of all of the components and final assembly takes place in the United States.

BY:

Signature of Company Official Date

Official’s Title
OR
The bidder/proposer hereby certifies that it cannot comply with the requirements of Section 165a of the Surface Transportation Assistance Act of 1982, but may qualify for an exemption to the requirement pursuant to Section 165b of the STA Act and regulations in 49 CFR 661.7.

Signature:

Title:

Date:

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EXHIBIT H

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)

knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:

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

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

4. Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.

If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official

The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.

Signature of Attorney Date

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EXHIBIT I

PERFORMANCE GUARANTEE CERTIFICATION

The undersigned hereby certifies that the Contractor shall provide a Performance Guarantee in accordance with Specifications.

Designate below which form of Performance Guarantee shall be provided:

Performance Bond

Irrevocable Stand-By-Letter of Credit

Contractor’s Name:

Authorized Signature:

Title:

Date:

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EXHIBIT J

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Insert full name and address and legal title of Contractor) as Principal, hereinafter called Contractor, and,

(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Contractor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the City.

Whenever Contractor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default , or shall promptly

1. Complete the Contract in accordance with it terms and conditions, or

2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, i f the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a succe ssion of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.

The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.

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Signed and sealed this ____________________ day of 20____.

WITNESS PRINCIPLE
(SEAL)
(TITLE)

WITNESS SURETY
(SEAL)
(TITLE)

Attach hereto proof of authority of officers or agents to sign bond.

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EXHIBIT K

IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE

The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the

Bank (the "Letter of Credit"), that:

1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.

2. The Beneficiary is making a drawing under the Letter of Credit.

3. An Event of Default has occurred under Contract No.

4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.

IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.

NAME OF BENEFICIARY
By:

Its:

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EXHIBIT L
Bank Draft

FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)

Credit No. Dated:

To
(Name of Issuing Bank)

NAME OF BENEFICIARY
By
Its

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ITEM # 16

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: APPROVAL OF B-MAP – PHASE B1 FINAL TRACT MAP NO. 82725 FOR A PORTION OF VESTING TENTATIVE TRACT MAP NO. 82725 IN

CONNECTION WITH THE MONTEBELLO HILLS SPECIFIC PLAN

PROJECT

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council adopt Resolution No. 23-33:

1. Finding that the approval of the B-Map – Phase B1 Final Tract Map No. 82725 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guidelines Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) CEQA Guidelines Section 15182 and Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified after January 1, 1980 and none of the events under Public Resources Code Section 21166 have occurred; and

2. Approving the B-Map – Phase B1 Final Tract Map No. 82725 for a portion of Vesting Tentative Tract Map (“VTTM”) No. 82725 in connection with the Montebello Hills Specific Plan Project; and

3. Authorizing the City Clerk, City Treasurer, and City Engineer to execute the Certificate on the map showing the City’s approval of B-Map -– Phase B1 Final Tract Map No. 82725 for a portion of VTTM No. 82725; and

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

FISCAL IMPACT:

There is no fiscal impact associated with this particular action. Construction of, and the eventual sales of, these residential units will generate additional property tax. Future

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

budgets will include the positive revenue impacts once the units are built, appraised, placed on the County tax role and sold.

BACKGROUND/DISCUSSION:

In 2015, the City of Montebello approved the Montebello Hills Specific Plan (“Specific Plan”) for the development of a master planned residential community on the Montebello Hills Property (“Project”). The Specific Plan is a comprehensive plan for the development of up to 1,200 residential dwelling units on approximately 174 acres of an overall larger area of approximately 488 acres. The Project consists of a combination of residential development, public and private parks, and 343 combined acres of open space, 263.2 acres of which will be dedicated as habitat reserve for the California Gnatcatcher (“Gnatcatcher”).

Following approval in 2015, opponents challenged the Project in court where the Project was litigated before the Superior Court and Courts of Appeal levels for nearly three (3) years. At each level, the courts found that the Project complied with CEQA, the Brown Act, and was consistent with the City’s General Plan and California Planning and Zoning Laws.

On July 10, 2019, the City of Montebello approved the Final “A” Map for Vesting Tentative Tract Map (VTTM) No. 70420 (commonly referred to as an “A” level subdivision map or the “A- Map”) subdividing the Montebello Hills Specific Plan Project area into 78 larger lots.

On November 10, 2021, the City approved the VTTM No. 82725, a “B” level subdivision map, subdividing 4 legal lots on portions of the Montebello Hills Specific Plan Project Area into 199 legal lots to allow the development of 851 residential condominium dwelling units, consisting of 551 attached residential dwelling units and 300 detached single-family residential dwelling units, and related amenities (“B-Map - Phase B1 Final Map”). The subject site is located within Planning Areas 3, 4, and 5 as established in the Montebello Hills Specific Plan and the A-Map, which consisted of generally undisturbed vacant land within the City of Montebello. Final Tract Map No. 82725 is the final tract map for a portion of VTTM No. 82725 for the development of 133 detached single family residential dwelling units and 281 attached residential dwelling units for Phase “B1” of the Montebello Hills Specific Plan Project.

ENVIRONMENTAL:

An Environmental Impact Report (“EIR”) and Mitigation Monitoring and Reporting Program was certified for the Montebello Hills Project on June 10, 2015 pursuant to the California Environmental Quality Act (“CEQA”) Guidelines and local procedures for CEQA implementation. The approval of the B-Map – Phase B1 Final Tract Map No. 82725 is a ministerial action and is exempt under CEQA pursuant to the following:(i) CEQA Guidelines Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

after January 1, 1980 and none of the events under Public Resources Code Section 21166 have occurred.

Upon approval of this Final Map by the City Council, a Notice of Exemption will be filed with the Los Angeles County Clerk’s office.

ANALYSIS:

Consistent with the previously approved VTTM No. 82725, the B-Map - Phase B1 Final Tract Map No. 82725 for the Project is being submitted for approval. The B-Map - Phase B1 Final Tract Map No. 82725 is in substantial conformance to the approved VTTM No. 82725.

This B-Map - Phase B Final Tract Map has been examined and checked for compliance with Title 16 of the Montebello Municipal Code and the California Subdivision Map Act (California Government Code [“Gov. Code”] Section 66410, et seq.). Under the Subdivision Map Act, the approval of a final subdivision map is ministerial in nature and “shall be disapproved only for failure to meet or perform requirements or conditions which were applicable at the time of approval of the tentative map” (Gov. Code § 66473) and a “legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.” ((Gov.

Code § 66474.1). The City Engineer has reviewed and determined that the B-Map - Phase B Final Tract Map substantially complies with all conditions and requirements of the previously approved VTTM No. 82725, the Specific Plan, and EIR. In addition, the City’s Director of Planning and Community Development has also determined that the B- Map - Phase B1 Final Tract Map is in substantial conformance with the Specific Plan and the above-referenced approvals.

SUMMARY:

The City Council will consider approval of the B-Map - Phase B1 Final Tract Map for VTTM No. 82725 for the development of 300 detached single family residential dwelling units and 551 attached residential dwelling condominium units for Phase “B” of the Montebello Hills Specific Plan Project.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-33

2. Attachment B - Final Tract Map No. 82725

3. Attachment C - CEQA Notice of Exemption

NEXT STEPS:

N/A

ATTACHMENT A

RESOLUTION NO. 23-33

RESOLUTION OF THE CITY OF MONTEBELLO APPROVING
THE B-MAP – PHASE B1 FINAL TRACT MAP NO. 82725 FOR A
PORTION OF VESTED TENTATIVE TRACT MAP NO. 82725

WHEREAS, the City of Montebello (“City”) approved the Vestin g Tentative Tract Map No. 70420 (“VTTM No. 70420”) for the Montebello Hills Specific Plan Project on June 25, 2015 to allow the development of a master plann ed residential development consisting of up to 1,200 residential dwelling units; public and private parks; walking trails; open space; internal infrastructure and circulation network, a community center; off-site and on-site infrastructure; and a 262 acre habitat reserve dedicated to the conservation of the California Gnatcatcher;

WHEREAS , an Environmental Impact Report (“EIR”) was previo usly certified by the City Council for the Montebello Hills Project o n June 10, 2015 pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code §§ 21000 et seq .), the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq .), and local City of Montebello procedures for CEQA implementation;

WHEREAS , on July 10, 2019, the City approved the Final “A” Map for VTTM No. 70420 (“A-Map”), which subdivided the Montebello Hi lls Specific Plan Project area into 78 large lots, was in substantial compliance with t he approved VTTM No. 70420, applicable conditions of approval, and the Montebel lo Hills Specific Plan and the Montebello Municipal Code;

WHEREAS , on November 10, 2021, the City approved the Vesting Tentative Tract Map No. 82725 (“VTTM No. 82725”), a “B” level subdivision map, subdividing 4 legal lots on portions of the Montebello Hills Specific Plan P roject Area into 199 legal lots to allow the development of 851 residential condominium dwel ling units, consisting of 551 attached residential dwelling units and 300 detache d single-family residential dwelling units, and related amenities (“B-Map - Phase B1 Fin al Map”). The subject site is located within Planning Areas 3, 4, and 5 as established in the Montebello Hills Specific Plan and the A-Map, which consisted of generally undisturbed vacant land within the City of Montebello;

WHEREAS , Montebello Municipal Code Chapter 16.16 provides the procedures necessary for the approval of Final Map Statute, and to supplement the provisions of the Subdivision Map Act (Government Code Section 66410 et. seq .) and the subdivision regulations of the city;

WHEREAS , the Planning Commission conducted a duly noticed public hearing upon said application on September 21, 2021 and rec ommended to the City Council approval of the entitlements;

WHEREAS , the City Council of the City of Montebello conduc ted a duly notice public hearing prior to the approval of the Tentati ve Tract Map on November 10, 2021; and

RESOLUTION NO. 23-33

WHEREAS , the City Engineer and staff have reviewed the B-M ap - Phase B1 Final Map finding it to be technically correct and in substantial compliance with the previously approved VTTM No. 82725, the Montebello Hills Specific Plan, all applicable conditions of approval have been substantially satisfied; and

WHEREAS , pursuant to the Government Code 66456.1 and Monte bello Municipal Code Section 16.16.030, a final map may be approved and recorded for only a potion of a tentative subdivision map; and

WHEREAS , all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONT EBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1 . The above recitals are true and correct and incorporated herein as part of the findings.

SECTION 2 . The City Council hereby finds that the approval of the B-Map - Phase B1 Final Map for VTTM No. 82725 is exempt fro m the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guideline s Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) CEQA Guidelines Section 1518 2 and Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified after January 1, 1980 and none of the events under Public Resourc es Code Section 21166 have occurred.

SECTION 3 . The City Council hereby finds that the B-Map - Phase B1 Final Map is consistent with the Montebello City General Plan , the California Subdivision Map Act (California Government Code Section 66410, et seq .), and is in substantial compliance with the previously approved Vested Tentative Tract Map No. 82725.

SECTION 4. The B-Map - Phase B1 Final Map for VTTM No. 82725 is hereby approved, and the City Clerk, City Treasurer, and City Engineer are authorized to execute the certificate on the Final Map showing the City’s approval.

SECTION 5. . If any section, sentence, or portion of this Re solution is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution and shall continue in full force and effect.

RESOLUTION NO. 23-33

SECTION 6. The City Clerk shall attest and certify to the pass age and adoption of this Resolution and enter it into the book of or iginal resolutions. This Resolution shall be effective immediately upon adoption.

APPROVED AND ADOPTED this 24
th day of May 2023.

_______________________________
David N. Torres, Mayor

ATTEST : APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Re solution No. 23-33 was passed and adopted by the City Council of the City of Montebel lo, signed by the Mayor and attested by the City Clerk at a regular meeting of said Coun cil held on the 24 th day of May 2023
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correc t copy of a resolution duly adopted at a meeting of said City which was duly convened and he ld on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

LOT 15
18 TRACT NO. 70420M.M. 1417/58-86.LOT 19 17
LOT 22
70696623672468
LOT 65TRACT NO. 70420M.M. 1417/58-86

TRACT NO. 82724M.M. 1430 / 56-74
TRACT NO. 70420M.M. 1417/58-86
TRACT NO. 82724M.M. 1430 / 56-74

LOT 15
18LOT 19LOT 88
8780
LOT 70LOT 69LOT 66LOT 67LOT 6823
LOT 65TRACT NO. 70420M.B. 1417/58-86
19 PARCEL MAP NO. 19812P.M.B. 232/58-86
M.B. 1417/58-86
TRACT NO. 82724
60TRACT NO. 70420,LOT 22M.B. 1430 / 54-74

Notice of CEQA Exemption ATTACHMENT C

City of Montebello
1 To:

County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:

City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.

Montebello, CA 90640

Lead Agency: City of Montebello Planning and Community Development Department Project Title: Montebello Hills Specific Plan Project – B-Map - Phase B1 Final Tract Map No. 82725 Project Location: Montebello Hills Specific Plan – 1400 N. Montebello Boulevard, Montebello, CA 90640 Case Number(s): Vesting Tentative Tract Map (VTTM) No. 82725

Description of Nature, Purpose, and Beneficiaries of Project: The proposed project consists of the development of 414 residential units consisting of 281 attached residential dwelling units, 133 detached single family residential dwelling units, recreational facilities, and related amenities consistent with the design guidelines and standards in Planning Area 1, Planning Area 2, and a portion of Planning Area 3 within the approved Montebello Hills Specific Plan.

Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: Toll CAXX, L.P. (“Toll Brothers”)

Exempt Status ( check one )
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:

Statutory Exemptions. State code number: CEQA Guidelines Section 15182 and Government Code Section 65457 (residential projects consistent with a community plan/specific plan for which an Environmental Impact Report was certified after January 1, 1980.

Justification for Project Exemption:

An Environmental Impact Report (“EIR”) was previously certified by the City Council for the Montebello Hills Project on June 10, 2015 pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code §§ 21000 et seq.), the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq .), and local City of Montebello procedures for CEQA implementation. This is a Final Map for a portion of a previously approved Vesting Tentative Tract Map No. 82725 and it meets all requirements and conditions of the previously approved tentative tract map and is ministerial in nature pursuant to Gov. Code § 66473. In addition, the B-Map – Phase B1 Final Tract Map relates to a residential project and is approved consistent with a community plan/specific plan for which an EIR was certified after January 1, 1980) and none of the events under Public Resources Code Section 21166 have occurred.

Lead Agency Contact Person: Joseph Palombi, Director of Planning and Community Development

Area Code/Telephone/Extension: (323) 887-1200

If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.

Signature: ____________________________ Date: ______________ Title: _______________________

Signed by Lead Agency Signed by Applicant

ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: APPROVAL OF THE FINAL TRACT MAP NO. 82727 FOR A PORTION OF VESTING TENTATIVE TRACT MAP NO. 70420 FOR PUBLIC OPEN

SPACE CONVEYANCE IN CONNECTION WITH THE MONTEBELLO

HILLS SPECIFIC PLAN PROJECT

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Finding that the approval of the Final Tract Map No. 82727 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guidelines Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) CEQA Guidelines Section 15182 and Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified after January 1, 1980, and none of the events under Public Resources Code Section 21166 have occurred; and

2. Approving the Final Tract Map No. 82727 for a portion of Vesting Tentative Tract Map (“VTTM”) No. 70420 in connection with the Montebello Hills Specific Plan Project; and

3. Authorizing the City Clerk, City Treasurer, and City Engineer to execute the Certificate on the map showing the City’s approval of the Final Tract Map No. 82727; and

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

FISCAL IMPACT:

There is no fiscal impact associated with this particular action. This action complies with a condition of approval requiring open space for the Montebello Hills Specific Plan Project. Construction of, and the eventual sales of, these residential units will generate

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

additional property tax. Future budgets will include the positive revenue impacts once the units are built and sold.

BACKGROUND/DISCUSSION:

In 2015, the City of Montebello (“City”) approved the Final “A” Map for Vesting Tentative Tract Map (“VTTM”) No. 70420 subdividing the Montebello Hills Specific Plan Project area into 78 larger lots. Per the requirements of United States Fish & Wildlife Service (“USFWS”) and the Montebello Hills Project Specific Plan, VTTM No. 70420 (approved on July 10, 2019) was established for the Habitat Reserve area originally comprised of 27 lots totaling approximately 246.76 acres along with the establishment of an endowment fund to pay for the management and maintenance of the Habitat Reserve in perpetuity. No development is permitted in the Habitat Reserve. The Montebello Hills Specific Plan Project approved the development of up to 1,200 residential units, public parks, hiking trails, and other related amenities (the “Montebello Hills Project”). As part of the Montebello Hills Project entitlements, the project was required to dedicate habitat land for the perseveration of habitat for the California Gnatcatcher measuring approximately 246 acres (“Habitat Reserve”). Recently, Toll Brothers (“Toll”) informed the City that the USFWS has inquired as to the status regarding the Habitat Reserve.

ENVIRONMENTAL:

An Environmental Impact Report (“EIR”) and Mitigation Monitoring and Reporting Program was certified for the Montebello Hills Project on June 10, 2015 pursuant to the California Environmental Quality Act (“CEQA”) Guidelines and local procedures for CEQA implementation. The approval of the Final Tract Map No. 82727 is a ministerial action and is exempt under CEQA pursuant to the following:(i) CEQA Guidelines Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified after January 1, 1980 and none of the events under Public Resources Code Section 21166 have occurred.

Upon approval of this Final Map by the City Council, a Notice of Exemption will be filed with the Los Angeles County Clerk’s office.

ANALYSIS:

Toll Brothers propose Final Tract Map No. 82727 for the Habitat Reserve area to satisfy USFWS requests to keep the total acreage of the first phase conservation easement and the second phase conservation easement the same as compared to the Biological Opinion issued by USFW on December 10, 2020. Final Tract Map No. 82727 is in substantial conformance with VTTM No. 70420 as it relates to the Habitat Reserve area.

As noted in the conveyance map for Final Tract Map No. 82727, the total number of lots remain the same and the total acreage associated with those lots does not change. The total number of lots associated with Final Tract Map No. 82727 will continue to be 27 lots totaling approximately 246.76 acres as demonstrated in the substantial conformance exhibit for the open space contained in the conveyance map. This is consistent with

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

VTTM No. 70420, which was approved on July 10, 2019. The table contained in Final Tract Map No. 82727 is intended to show the adjustment to existing lot lines from the prior map. These are all open space lots and do not have any rights for building residential units as any residential uses are prohibited in the Habitat Reserve. The proposed changes to lot lines are made to satisfy USFWS requests to keep the total acreage of the first phase conservation easement and the second phase conservation easement the same as compared with the above-referenced Biological Opinion. In addition, the realigned lots would reduce the acreage of the areas with oil operations to a minimum which is also part of the open space conservation area.

The City’s approval of Final Tract Map No. 82727 is the first step in creating the Habitat Reserve required by USFWS. Once the Final Tract Map No. 82727 is approved by the City, it will be recorded with the County and thereby allowing the conveyance of the open space to a land manager and creation of the Habitat Reserve by way of a conservation easement preserving the land in perpetuity as required by USFWS.

SUMMARY:

The City Council will consider approval of the Final Tract Map No. 82727 for open space conveyance in connection with the Montebello Hills Specific Plan Project.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-41

2. Attachment B - Final Tract Map No. 82727

3. Attachment C - CEQA Notice of Exemption

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ATTACHMENT A
RESOLUTION NO. 23-41

RESOLUTION OF THE CITY OF MONTEBELLO APPROVING
THE FINAL TRACT MAP NO. 82727 FOR A PORTION OF
VESTING TENTATIVE TRACT MAP NO. 70420 FOR PUBLIC

OPEN SPACE CONVEYANCE
WHEREAS, the City of Montebello (“City”) approved the Vesting Tentative Tract Map No. 70420 (“VTTM No. 70420”) for the Montebello Hills Specific Plan Project on June 25, 2015 to allow the development of a master planned residential development consisting of up to 1,200 residential dwelling units; public and private parks; walking trails; open space; internal infrastructure and circulation network, a community center; off-site and on-site infrastructure; and a 262 acre habitat reserve dedicated to the conservation of the California Gnatcatcher;
WHEREAS, an Environmental Impact Report (“EIR”) was previously certified by the City Council for the Montebello Hills Project on June 10, 2015 pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code §§ 21000 et seq.), the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.), and local City of Montebello procedures for CEQA implementation;
WHEREAS, on July 10, 2019, the City approved the Final “A” Map for VTTM No. 70420 (“A-Map”), which subdivided the Montebello Hills Specific Plan Project area into 78 large lots, was in substantial compliance with the approved VTTM No. 70420, applicable conditions of approval, and the Montebello Hills Specific Plan and the Montebello Municipal Code;
WHEREAS, the City Engineer and staff have reviewed Final Tract Map No. 82727 for public open space conveyance, finding it to be technically correct and in substantial compliance with the previously approved VTTM No. 70420, the Montebello Hills Specific Plan, all applicable conditions of approval have been substantially satisfied; and WHEREAS, pursuant to the Government Code 66456.1 and Montebello Municipal Code Section 16.16.030, a final map may be approved and recorded for only a portion of a tentative subdivision map; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. The above recitals are true and correct and incorporated herein as part of the findings.

RESOLUTION NO. 23-41

SECTION 2. The City Council hereby finds that the approval of the Final Map No. 82727 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guidelines Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps), (ii) Public Resources Code Section 21080(b)(1), and (iii) CEQA Guidelines Section 15182 and Government Code Section 65457, which expressly exempts residential projects undertaken to implement, and that are consistent with, an approved specific plan for which an EIR was certified after January 1, 1980 and none of the events under Public Resources Code Section 21166 have occurred.

SECTION 3. The City Council hereby finds that the Final Tract Map No. 82727 is consistent with the Montebello City General Plan, the California Subdivision Map Act (California Government Code Section 66410, et seq.), and is in substantial compliance with the previously approved Vested Tentative Tract Map No. 70420.

SECTION 4. The Final Tract Map No. 82727 for a portion of VTTM No. 70420 is hereby approved, and the City Clerk, City Treasurer, and City Engineer are authorized to execute the certificate on the Final Map showing the City’s approval.

SECTION 5. If any section, sentence, or portion of this Resolution is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution and shall continue in full force and effect.

SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. This Resolution shall be effective immediately upon adoption.

APPROVED AND ADOPTED this 24th day of May 2023.
_______________________________
David N. Torres, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 23-41

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-41 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24 th day of May 2023 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

Notice of CEQA ExemptionATTACHMENT C
City of Montebello 1
To:

County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:

City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.

Montebello, CA 90640
Lead Agency: City of Montebello Planning and Community Development Department Project Title: Montebello Hills Specific Plan Project – Final Tract Map No. 82727 Project Location: Montebello Hills Specific Plan – 1400 N. Montebello Boulevard, Montebello, CA 90640 Case Number(s): Vesting Tentative Tract Map (VTTM) No. 70420 Description of Nature, Purpose, and Beneficiaries of Project: The proposed project consists of the open space and Habitat Reserve within the approved Montebello Hills Specific Plan.

Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: Toll CAXX, L.P. (“Toll Brothers”) Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:

Statutory Exemptions. State code number: CEQA Guidelines Section 15182 and Government Code Section 65457 (residential projects consistent with a community plan/specific plan for which an Environmental Impact Report was certified after January 1, 1980.

Justification for Project Exemption:

An Environmental Impact Report (“EIR”) was previously certified by the City Council for the Montebello Hills Project on June 10, 2015 pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code §§ 21000 et seq.), the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.), and local City of Montebello procedures for CEQA implementation. This is a Final Map for a portion of a previously approved Vesting Tentative Tract Map No. 70420 and it meets all requirements and conditions of the previously approved tentative tract map and is ministerial in nature pursuant to Gov. Code § 66473. In addition, the Final Tract Map relates to the open space and habitat reserve for a residential project and is approved consistent with a community plan/specific plan for which an EIR was certified after January 1, 1980) and none of the events under Public Resources Code Section 21166 have occurred.

Lead Agency Contact Person: Joseph Palombi, Director of Planning and Community Development Area Code/Telephone/Extension: (323) 887-1200
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.

Signature: ____________________________ Date: ______________ Title: _______________________ Signed by Lead Agency Signed by Applicant

ITEM # 18

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: ADOPT RESOLUTION NO. 23-35 FOR THE FISCAL YEAR 2023-24

LEVY OF ANNUAL ASSESSMENTS FOR THE NATASHA LANE

LANDSCAPE ASSESSMENT DISTRICT

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 23-35 (Attachment A) establishing the City’s intention for the Fiscal Year 2023-24 Levy of Annual Assessments for the Natasha Lane Landscape Assessment; and

2. Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and

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

FISCAL IMPACT:

The maintenance cost for landscaping within the District will be funded through the Fiscal Year 2023-24 Annual Landscape Assessment District. Development of the FY 2023-24 budget will include revenue and expenditure appropriations reflecting the levy of the assessment and projected cost of providing maintenance service to the district.

BACKGROUND/DISCUSSION:

Natasha Lane is a twenty-unit housing development located near the intersection of Whittier Boulevard and Bluff Road. As part of the development, new landscaping was installed on both sides of Natasha Lane and along the frontage of the property fronting the south side of Whittier Boulevard as well as the rear portion of the property around the cul-de-sac. The City is responsible for the maintenance of the common landscape areas.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

The properties benefiting from these improvements were assessed in FY 2022-23.

Continued assessment of the properties benefiting from these improvements is being proposed to offset the cost of maintenance for FY 2023-24.

The boundary of the assessment district is shown in Exhibit “A” attached to the Resolution.

The attached Resolution establishes the City Council’s intention to levy the assessment and orders the preparation of a Preliminary Engineer’s Report for the assessment district.

The approval of the resolution initiates the assessment proceedings. There will be a subsequent Public Hearing to present the Preliminary Engineer’s Report and approve the recommended assessments. Upon approval, Staff will work with the County of Los Angeles to transmit the requisite documentation to place the assessment on the property owner’s annual property tax bill.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The City Council will consider approval of a resolution establishing the City’s intention to levy an assessment for landscape maintenance installed as part of the Natasha Lane housing development fronting the south side of Whittier Boulevard and orders the preparation and filing of a Preliminary Engineer’s Report for the assessment district.

Continued assessment of the properties benefiting from these improvements is necessary to offset the cost of maintenance and replacement.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-35 Natasha Lane Landscape

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ATTACHMENT A
RESOLUTION NO. 23-35

RESOLUTION OF THE CITY OF MONTEBELLO INITIATING
PROCEEDINGS FOR THE FISCAL YEAR 2023-2024 LEVY OF ANNUAL

ASSESSMENTS FOR LANDSCAPE MAINTENANCE FOR THE

PROPERTIES LOCATED ALONG NATASHA LANE AND AUTHORIZING

THE CITY ENGINEER TO PREPARE AND FILE A PRELIMINARY
ENGINEER’S REPORT.

RECITALS

WHEREAS, the City Council of the City of Montebello proposes to levy the annual assessment for the properties 1 to 20 located along Natasha Lane (see Exhibit “A”), for Landscape Maintenance District (hereinafter referred to as the District) pursuant to the provision of Division 15, Part 2, of the Streets and Highways Code of the State of California; and

WHEREAS, the Provisions of Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1 : That the above recital are all true and correct and are hereby incorporated herein,

SECTION 2: The City Engineer is hereby ordered to prepare and file with the City Council a preliminary report relating to the FY 2023-2024 levy of annual assessments for said District in accordance with the provisions of Chapter 3 (commencing with Section 22620) of P art 2 of Division 15 of the Streets and Highways Code of the State of California.

SECTION 3: Upon completion, said report shall be filed with the City Clerk who shall than submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code.

APPROVED AND ADOPTED this 24
th day of May 2023.

_______________________________
David N. Torres, Mayor

RESOLUTION NO. 23-35

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-35 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeti ng of said Council held on the 2 4 th day of May 2023
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

EXHIBITS:
• Exhibit A – Landscape Assessment District Area

ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: ADOPT A RESOLUTION FOR THE FISCAL YEAR (FY) 2023-24 LEVY

OF ANNUAL ASSESSMENTS FOR THE NATASHA LANE SEWER AND

STORM DRAIN PUMP STATION ASSESSMENT DISTRICT

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt a Resolution (Attachment A) establishing the City’s intention for the FY 2023-24 Levy of Annual Assessments for the Natasha Lane Sewer and Storm Drain Pump Station Assessment District; and

2. Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and

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

FISCAL IMPACT:

The operation and maintenance costs for the sewer and storm drain facilities servicing this development will be funded through the FY 2023-24 annual assessment district. The FY 2023-24 budget will include appropriations for both revenue received and associated expenditures required to maintain the sewer and storm drain in the district.

BACKGROUND/DISCUSSION:

Natasha Lane is a twenty-unit housing development located near the intersection of Whittier Boulevard and Bluff Road completed in 2005. Due to the topography, the development included construction of sewer and storm drain pump stations. The City is responsible for the maintenance and operation of the pump stations and appurtenant facilities.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

The properties benefiting from these improvements were assessed in Fiscal Year 2022- 2023. Continued assessment of the properties benefiting from these improvements is being proposed to offset the cost of maintenance and operation for FY 2023-24.

The boundary of the assessment district is shown in Exhibit “A” attached to the Resolution.

The attached Resolution establishes the City Council’s intention to levy the assessment and orders the preparation of a Preliminary Engineer’s Report for the assessment district.

The approval of the resolution initiates the assessment proceedings. There will be a subsequent Public Hearing to present the Preliminary Engineer’s Report and approve the recommended assessments. Upon approval, Staff will work with the County of Los Angeles to transmit the requisite documentation to place the assessment on the property owner’s annual property tax bill.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The City Council will consider approval of a resolution establishing the City’s intention to levy an assessment for the operation and maintenance of the sewer and storm drain pump stations installed as part of the Natasha Lane housing development and orders the preparation and filing of a Preliminary Engineer’s Report for the assessment district.

Continued assessment of the properties benefiting from these improvements is necessary to offset the cost of maintenance, operation, and replacement.

ATTACHMENT(S)

1. Attachment A - Resolution No. 23-36

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ATTACHMENT A
RESOLUTION NO. 23-36

RESOLUTION OF THE CITY OF MONTEBELLO INITIATING
PROCEEDINGS FOR THE FISCAL YEAR 2023-2024 LEVY OF ANNUAL

ASSESSMENTS FOR SEWER PUMP STATION AND STORM DRAIN

PUMP STATION OPERATION AND MAINTENANCE FOR THE

PROPERTIES LOCATED ALONG NATASHA LANE AND AUTHORIZING

THE CITY ENGINEER TO PREPARE AND FILE A PRELIMINARY
ENGINEER’S REPORT.

RECITALS

WHEREAS, the City Council of the City of Montebello proposes to levy the annual assessment for the properties 1 to 20 located along Natasha Lane (see Exhibit “A”), for the Sewer Pump Station and Storm Water Pump Station Operation and Maintenance District (hereinafter referred to as the District) pursuant to the provision of Division 15, Part 2, of the Streets and Highways Code of the State of California; and

WHEREAS, the Provisions of Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1 : That the above recital are all true and correct and are hereby incorporated herein,

SECTION 2: The City Engineer is hereby ordered to prepare and file with the City Council a preliminary report relating to the FY 2023-2024 levy of annual assessments for said District in accordance with the provisions of Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California.

SECTION 3: Upon completion, said report shall be filed with the City Clerk who shall than submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code.

APPROVED AND ADOPTED this 24
th day of May 2023.

_______________________________
David N. Torres, Mayor

RESOLUTION NO. 23-36

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23-36 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeti ng of said Council held on the 2 4 th day of May 2023
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

EXHIBITS:
• Exhibit A – Boundary of Assessment District

ITEM # 20

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: APPROVE TASK NO. 5 UNDER MASTER RETAINER AGREEMENT NO. 3999 WITH MARK THOMAS & COMPANY, INC. FOR

ENGINEERING DESIGN SERVICES FOR THE PAVING THE WAY
PROGRAM PROJECT – MONTEBELLO BOULEVARD FROM WEST
LOS ANGELES AVENUE TO LINCOLN AVENUE (C.P. NO.888)

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Task Order No. 5 via an Engagement Letter under Master Retainer Agreement No. 3999 with Mark Thomas for Engineering Design Services for a fee not-to exceed $282,008; and

2. Authorize the City Manager to execute the Contract Agreement, on behalf of the City; and

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

FISCAL IMPACT:

The City issued $25 million in bonds in December 2019, with all bond proceeds utilized to pay for a citywide street repair and paving project (Paving the Way). Debt service related to issuance of the bonds is paid for utilizing local return fund (LRF) appropriations from Measure M, Measure R and Proposition C. This specific project will be funded by using bond proceeds backed by Proposition C. Sufficient bond proceeds backed by Proposition C are available to pay for the recommended services in the amount of $282,008. No budget amendments are necessary at this time. This project will be included in the Fiscal Year 2023-24 Capital Improvement Program (CIP).

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

BACKGROUND/DISCUSSION:

Architectural & Engineering Services

On June 22, 2022, The City Council approved Master Retainer Agreement No. 3999 with Mark Thomas for on-call engineer design services. Mark Thomas was one of the three companies selected from the On-call Architectural and Engineering Design Services Bench List in response to RFP No. 22-8, a qualification-based selection. The recommended engagement letter is Task No. 5 for Mark Thomas. Attachment A, Engagement Letter contains details about the scope of services and the project fee. The total fee was negotiated on an estimated hourly basis, based on the staff that will be working on the project.

Montebello Boulevard from West Los Angeles Avenue to Lincoln Avenue is one of the arterials that is part of the Paving the Way Program. The project includes the repair/or replacement of damaged pavement, pedestrian ramps, driveway approaches, curb and gutter, sidewalks, and specific spots of asphalt that need to be repaired prior to a full grind-and-overlay of the asphalt surface. The project will also add raised medians at various locations with landscaping matching the recently completed Montebello Boulevard improvements north of Lincoln Avenue. The engineering design services fee was negotiated at an estimated fee not-to-exceed $282,008.

The recommended Professional Engineering Design Services agreement with Mark Thomas will provide engineering design services to complete the design of the Montebello Boulevard from West Los Angeles Avenue to Lincoln Avenue Project.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Upon approval of the recommended actions, staff will execute the Engagement Letter with Mark Thomas & Company, Inc. and coordinate the completion of the design for the Project.

ATTACHMENT(S)

1. Attachment A- Engagement Letter Task No. 5

NEXT STEPS:

N/A

1600 West Beverly Boulevard • Montebello, California 90640-3932 • (323)-887-1200 Page 1 of 2 Date: 5/24/2023

ENGAGEMENT LETTER
FOR

CONSULTANT SERVICES

PROJECT/SERVICES: Paving the Way Program – Montebello Boulevard from Los Angeles Avenue to Lincoln Avenue
MASTER RETAINER AGREEMENT NO. 3999
TASK NO. 05

The purpose of this Engagement Letter is to allow t he City of Montebello (the “City”) to engage Mark Thomas. (the “Consultant”) to provide Engineer ing Design services for the Paving The Way Program for Montebello Boulevard from Los Angeles A venue to Lincoln Avenue (the “Services” or “Project”) pursuant to those terms and conditions o utlined in the draft Master Retainer Agreement (Agreement No. 3999) approved by the City Council on June 22, 2022, in the manner set forth in Exhibit A, “Scope of Services” of this Engagement Letter.

The Scope of Services to be completed pursuant to t his Engagement Letter is set forth in Exhibit A, attached hereto. The cost for performing the servic es under this Engagement Letter shall be billed hourly for a total not-to-exceed fee of Two Hundred and Eighty-Two Thousand Eight Dollars ($282,008), without prior written approval by the City. The cha rges and hourly rates shall not exceed those stated and in effect when the draft Master Retainer Agreement was approved on June 22, 2022 and as stated in the fee schedule attached hereto as Exhibit B.

Consultant acknowledges and agrees that the personnel assigned to this Project, as set forth in Exhibit A shall not be substituted unless prior written aut horization is given by the City’s Director of Publi c Works / City Engineer (the “Director”). Pursuant t o Government Code 87300, et seq ., Consultant has provided (for submittal to the City Clerk), a California Fair Political Practices Commission Statement of Economic Interest- Form 700 for each of each of its staff assigned to the Project.

By signing and returning this Engagement Letter, the authorized agent of the Consultant agrees to the provisions stated herein. The engagement of the Con sultant for the services stated herein shall occur upon the execution of this letter by the Consultant and the Director pending issuance of a “Notice to Proceed.”

1600 West Beverly Boulevard • Montebello, Californ ia 90640-3932 • (323)-887-1200 Page 2 of 2

THE CITY OF MONTEBELLO
(the “City”)

MARK THOMAS
(the “Consultant”)

By: _______________________________
Arlene Salazar, Assistant City Manager

By: ________________________

ATTEST:
__________________________
Christopher Jimenez,
City Clerk

APPROVED AS TO FORM:

_________________________
Arnold M. Alvarez-Glasman,
City Attorney

ATTACHMENTS:

1. Exhibit A – Scope of Services

2. Exhibit B – Fee Schedule

January 25, 2023
Rita Montalvo, PE
Assistant Public Works Director
City of Montebello
1600 W Beverly Boulevard
Montebello, CA 90640
RE: Paving The Way Program (Montebello Blvd from Los Angeles Avenue to Lincoln Avenue)
Dear Rita:

We are pleased to submit our scope of services and fee proposal to provide engineering services for the Paving The Way Program Project for Montebello Boulevard from Los Angeles Avenue to Lincoln Avenue. The following scope, fee and schedule are based upon the review of the 90% construction plans prepared by Infrastructure Engineers, topographic survey exhibits prepared by OnPoint Land Surveying, geotechnical report prepared by P.A. & Associates, and proposed median exhibits prepared by the City.

Mark Thomas will assume the responsibility and associated liability for stamping and signing of the project plans, thus requiring due diligence in ensuring the intent and accuracy of the previously prepared plans. With the lack of CAD files, we will rebuild the plan set, using the prior design as the starting point. Our team will conduct a field review to verify all field elements and site conditions are adequately represented on the plans. Additionally, we will prepare the necessary details of the curb ramps to facilitate construction and reduce contractor change orders.

The raised landscaped median is a new element to the proposed project that significantly impacts the existing plans as prepared. The project plan preparation will be altered to include the median layout and top of median curb profiles. Additionally, supplemental survey will be required.

Scope of Work

1. Design Development

1.1 Project Management
Project Administration
We will perform project administration. The tasks will include documentation, meeting management, budget tracking, scheduling, project task tracking, etc. to help the project stay on track.

Meetings (4)
A kickoff meeting will be held with the appropriate team members to establish the key contacts, design directives protocol, discuss issues, confirm objectives and schedule of deliverables.

PAGE 2 OF 4
Preliminary design (35% Design), 90% design, and final design comment review meetings will be held with the appropriate team members to review city comments, discuss design issues, and develop the project’s PS&E.

1.2 Research and Investigation
Site Investigation
We will field walk site and inventory existing asphalt concrete condition, severe distress and deteriorated asphalt concrete areas, ADA and non-ADA curb ramps, broken concrete (curb, gutter, sidewalk, and driveway), visible utility, topography, drainage, and other notable features to consider in engineering design. Additionally, We will generate field notes and photograph log of the field walk.

Research and Obtain Record Maps and As-builts
We will obtain available research and as-builts from the City including R/W maps, roadway plans, utility plans, signing and striping plans, etc.

1.3 Project Survey
Topographic Survey Review
We will review the topographic survey, survey base map and data provided by the City’s hired consultant, OnPoint Land Surveying Inc. (On Point), and compare the survey data with the collected data from our field investigation.

Supplemental Design Survey
OnPoint will perform a topographic survey on the painted lane lines at 25’ intervals and shots on pavement adjacent to the proposed raised medians. OnPoint will also perform supplement survey at curb returns to facilitate curb ramp design and/or reflect a new ramp built after the original topo. On Point will provide updated topographic survey in AutoCAD format and updated project-wide DTM.

1.4 Utility Coordination
We will verify all utility owners and contacts within the project limits using Underground Search Alert. We will generate Introductory Letters/Records Requests, Utility Letter A, on City letterhead and request utility as-builts. Follow-ups with each utility owners will occur to verify the existence of any utilities and to secure available records and as-built information. We will prepare a utility base map by adding the verified utilities from the records and as-builts.

We will prepare and send Utility B and C letters to utility owners. Utility B letter will be the Relocation Claim Letter with Utility Conflict Sheets after the 35% submittal. Utility C letter will be the Notice to Owners Letters after the 90% submittal to appropriate utility owners.

Coordination will include preparation of a Utility Matrix that will capture all utility owner contact information and document correspondence/communication with utility owners throughout the project duration.

PAGE 3 OF 4

1.5 Conceptual Plans
Median Layout Plans
We will prepare conceptual median layout plans for City’s review and confirmation on the raised median configuration and associated improvements before proceeding to the 90% submittal. The plans (5 sheets) will be at a 1”=20’ scale and include proposed raised median and typical sections.

Landscape Concept Plans
Mark Thomas will prepare an overall landscape improvement plan at 1”=40’ (black and white) illustrating proposed irrigation points of connection, controller locations, and areas to receive irrigation, planting, and paving will be shown. An irrigation equipment list will be included for the City's maintenance personnel to review.

Separately, an enlargement plan of a 200ft segment of median will be developed to illustrate the proposed typical layout of trees, shrubs, and groundcovers for the medians.

Plan will be 1”=20’, color rendered, and will include a plant list and plant images.

Irrigation will be provided from new point of connections. Water main and electrical services are assumed to be available for these connections. No stormwater treatment, sidewalk design, parkway strip planting/irrigation, gateway signage, monuments, or median lighting are anticipated in the scope.

2. PS&E Development

2.1 65% Planting and Irrigation Plans (8 Sheets) and Cost Estimate 65% Planting and Irrigation plans will be prepared as an interim submittal to incorporate the approved irrigation/planting materials from the Conceptual Plans. The submittal will include planting plans (4 sheets) and irrigation plans (4 sheets) in scale 1"=20‘. Besides showing the placements of trees, shrubs, groundcovers, and irrigation point of connections, controller, water meter, irrigation mainlines, conduit and sleeves, the proposed patterns and materials of median pavement within the back of curb, such as median nose and maintenance strip, will be included in these plans. A cost estimate will be prepared to accompany the Plans.

2.2 Project Plans (32 Sheets, 90%, Final Submittals)
We will develop the following improvement plans for the 90% and Final Submittals:
• Title Sheet (1)
• General Notes (1)
• Typical Sections & Construction Notes (1)
• Plan and Profile (10) – 1”=20’
• Curb Ramp & Driveway Detail Sheets (2) (9 curb ramps) – 1”=10’ • Signing and Striping Plans (3) - 1”=40’
• Irrigation and Planting Sheets (8) – 1”=20’
• Irrigation Detail Sheets (3)
• Planting Detail Sheets (2)

PAGE 4 OF 4

2.3 Specifications
We will prepare specifications packages using the latest APWA Greenbook 2021 and consistent with current City format. We anticipate the City will provide the boilerplate contract documents to be included in the specifications package. We will work with the City on assembling the entire contract document package.

2.4 Quantities & Estimates
Quantities will be generated using Bluebeam on a sheet-by-sheet basis. A cost estimate will be prepared to provide an engineer’s estimate as a basis for the design. The estimate will show quantities and unit prices for each work item along with appropriate mobilization and contingency costs. We will research the latest unit prices available and consult with the City on specific prices and use our own information from other recent bids as available to ensure the unit prices are current.

2.5 Bidding Support
We will provide assistance, as required, to the City during bidding of the project. The work may include answering questions from prospective bidders (up to 5), assisting the City in the preparation of addenda to the PS&E during the advertisement period (up to 1), providing consultation and interpretation of the construction documents.

2.6 Construction Support
We will provide assistance, as required, to the City during construction of the project. The work may include reviewing cost proposal from contractors and making recommendations, review construction materials submittals (up to 5), conducting job walk (up to 1 day), and responding to RFIs (up to 5). We will prepare as-built plans to show the changes made to the construction plans during construction.

Schedule
Work will be completed within 5 months from Notice to Proceed, including 3-week City review periods at the milestone submittals.

Budget
We have prepared a fee estimate for these services, as detailed on the attached form. The total estimated cost is $282,008.

Should you have any questions or concerns, please do not hesitate to contact me at (714) 815-5222 or through email at [email protected].

Sincerely,

MARK THOMAS
Pat Somerville, PE
Project Manager

Sr. Engineering Manager
Project Manager
Sr. Project Engineer
Project Engineer
Design Engineer II
Design Engineer I
LAUD Division Manager
LAUD Project Manager
Landscape Architect
Landscape Designer II
Sr. Project Accountant
Sr. Project Coordinator
On Point Land Surveying,
Inc.

Sub Mark-
Up
$361 $204 $177 $157 $135 $110 $246 $201 $141 $111 $176 $138 5%

1.0 Design Development

1.1 Project Management
Project Administration 8 4 4 4 6 14 40 $8,304 - $0 $8,304 Meetings (4 Including Kickoff) 8 8 8 6 6 36 $8,098 - $0 $8,098

1.2 Research and Investigation
Site Investigation 4 8 8 8 6 6 40 $6,924 - $0 $6,924 Research and Obtain Record Maps and As-builts 4 4 2 10 $1,450 - $0 $1,450

1.3 Project Survey
Topographic Survey Review 4 4 8 $1,168 - $0 $1,168 Supplemental Design Survey 4 4 8 $1,168 3,600 $180 $4,948

1.4 Utility Coordination
Utility A/B/C Letters, Utility Base Map, and Coordination 2 4 24 24 40 94 $12,946 - $0 $12,946

1.5 Conceptual Plans
Conceptual Median Layout Plans 4 8 16 60 88 $14,008 - $0 $14,008 Conceptual Irrigation Connection Plan and Plant List (2) 4 16 40 60 $7,680 - $0 $7,680 0 $0 - $0 $0
Subtotal Phase 1 26 32 16 56 104 40 14 0 30 46 6 14 384 $61,746 $3,600 $180 $65,526

2.0 PS&E Development

2.1 65% Planting and Irrigation Plans (8) and Cost Estimate 20 64 84 $9,924 - $0 $9,924

2.2 Project Plans (90% & Final)
Title Sheet(1) 2 8 20 30 $3,864 - $0 $3,864 Construction Notes (1) 2 8 20 30 $3,864 - $0 $3,864 Typical Sections (1) 1 2 12 30 45 $5,953 - $0 $5,953 Plan and Profile (10) 1"=20' 8 16 80 120 200 424 $56,912 - $0 $56,912 Curb Ramp Detail Sheet (2) 1"=10' 2 4 24 64 100 194 $24,946 - $0 $24,946 Signing and Stgriping Plans (3) 1"=40' 1 2 24 80 107 $13,337 - $0 $13,337 Irrigation and Planting Sheet (8) 1"=20' 40 120 160 $18,960 - $0 $18,960 Irrigation Detail Sheet (3) 8 20 28 $3,348 - $0 $3,348 Planting Detail Sheet (2) 8 16 24 $2,904 - $0 $2,904

2.3 Specifications 8 32 32 16 88 $16,696 - $0 $16,696

2.4 Quantity & Estimate 8 40 40 24 2 14 128 $22,404 - $0 $22,404 Quality Control (Tasks 2.2-2.4) 16 40 8 4 68 $15,388 - $0 $15,388

2.5 Bidding Support 2 4 6 12 4 8 36 $5,252 - $0 $5,252

2.6 Construction Support 2 8 24 24 12 16 86 $12,230 - $0 $12,230 0 $0 - $0 $0
Subtotal Phase 2 48 112 40 258 208 486 8 0 114 258 0 0 1532 $215,982 $0 $0 $215,982 TOTAL HOURS 74 144 56 314 312 526 22 0 144 304 6 14 1916 OTHER DIRECT COSTS $500 $0 $500
TOTAL COST $26,714 $29,376 $9,912 $49,298 $42,120 $57,860 $5,412 $0 $20,304 $33,744 $1,056 $1,932 $278,228 $3,600 $180 $282,008 Total MT
Cost
COST PROPOSAL FOR PROJECT SCOPE: Montebello - Paving The Way Program (Montebello Blvd from Los Angeles Avenue to Lincoln Avenue)
Subconsultants
TOTAL COST Total
Hours
1/25/2023

Engineering Services Survey Services
Intern $47 ‐ $86 Survey Intern $59 ‐ $103
Technician $65 ‐ $130 Survey Technician $77 ‐ $120
Planner I $77 ‐ $110 Sr. Survey Technician $88 ‐ $172
Design Engineer I $91 ‐ $138 Surveyor $106 ‐ $155
Planner II $100 ‐ $130 Sr. Surveyor $121 ‐ $182
Sr. Technician $112 ‐ $172 Lead Survey Technician $118 ‐ $207 Design Engineer II $118 ‐ $161 Project Surveyor $147 ‐ $207 Project Engineer $139 ‐ $182 Sr. Project Surveyor $162 ‐ $224 Sr. Project Engineer $150 ‐ $216 Survey Manager $177 ‐ $258 Sr. Technical Engineer $150 ‐ $216 Sr. Survey Manager $203 ‐ $282 Project Manager $180 ‐ $244 Survey Division Manager $265 ‐ $378 Technical Lead $180 ‐ $244 ** Single Chief $144 ‐ $207
Sr. Project Manager $209 ‐ $313 ** Single Instrumentman $137 ‐ $182 Sr. Technical Lead $200 ‐ $313 ** Single Chainman $129 ‐ $179 Engineering Manager $265 ‐ $360 ** Apprentice $64 ‐ $152 Practice Area Leader $265 ‐ $360 ** 1 Person Field Crew $144 ‐ $207 Sr. Engineering Manager $295 ‐ $429 ** 2 Person Field Crew $273 ‐ $412 Principal $380 ‐ $478 ** 3 Person Field Crew $337 ‐ $591 Construction Management Services Project Support/Coordination Services Office Technician $59 ‐ $103 Project Assistant $65 ‐ $103 Office Engineer $103 ‐ $207 Technical Writer $62 ‐ $110 ** Asst. Resident Engineer $147 ‐ $283 Sr. Project Assistant $91 ‐ $130 ** Inspector ‐ CM $147 ‐ $283 Project Coordinator $88 ‐ $138 RE/Structural Representative $192 ‐ $343 Graphic Designer $94 ‐ $155 Project Manager ‐ CM $192 ‐ $310 Sr. Technical Writer $94 ‐ $169 Sr. Project Manager ‐ CM $206 ‐ $343 Project Accountant $94 ‐ $155 Area Manager ‐ CM $289 ‐ $447 Sr. Project Coordinator $118 ‐ $165 Division Manager ‐ CM $265 ‐ $343 Sr. Graphic Designer $106 ‐ $189 Sr. Project Accountant $147 ‐ $213
District Management Services Sr. Graphic Manager $133 ‐ $207 ** Inspector ‐ Apprentice $62 ‐ $100
** Inspector $91 ‐ $134 Urban Planning/Landscape Architecture Services ** Sr. Inspector $115 ‐ $158 Landscape Intern $44 ‐ $86 Assistant Sanitary Engineer $130 ‐ $175 Landscape Designer I $77 ‐ $110 Associate Sanitary Engineer $144 ‐ $207 Landscape Designer II $100 ‐ $130 Sanitary Project Engineer $144 ‐ $237 Landscape Architect $103 ‐ $189 Sr. Sanitary Project Engineer $183 ‐ $282 LAUD Project Manager $174 ‐ $237 Operations Manager $209 ‐ $313 Sr. LAUD Project Manager $206 ‐ $268 Deputy District Manager $259 ‐ $337 LAUD Division Manager $230 ‐ $271 District Manager‐Engineer $289 ‐ $357 Sr. LAUD Division Manager $242 ‐ $302 Grant Writing Services Special Services
Funding Specialist $140 - $148 Expert Witness $440 - $466 Sr. Funding Specialist $170 - $180 Strategic Consulting $440 - $466 Note: Additional Promotional Steps Exist within Various Rate Categories Reimbursables including, but not limited to:

Reproductions, Delivery and Filing Fees Cost Plus 5% Outside  Consultant Fees Cost  Plus 5% Mileage Per IRS Rate Survey  Field Expenses Cost  Plus 5% EXHIBIT A
Mark Thomas & Company, Inc. Rate Schedule
Expires June 30, 2023*
HOURLY CHARGE RATE RANGES
OTHER DIRECT COSTS
*Rates subject to escalation with new hourly rate schedule as of July 1, 2023 **These charge rates are subject to Prevailing Wage laws and Union contract. PAGE 1 OF 1

RATE SCHEDULE (W)

Rate Schedule
Labor Classification
Hourly
Rate
Hourly
Rate
Hourly
Rate
Hourly
Rate
Hourly
Rate
2022 2023 2024 2025 2026
Principal $250 $258 $265 $273 $281
Principal Engineer $250 $258 $265 $273 $281
Project Manager $245 $252 $260 $268 $276
Project Engineer $221 $227 $234 $241 $248
Senior Construction Manager $205 $211 $217 $224 $231
Construction Manager $175 $180 $186 $191 $197
Senior Engineer $203 $209 $215 $221 $228
Senior Field Engineer / Inspector $170 $175 $180 $186 $191 Field Engineer / Inspector $155 $160 $164 $169 $174
Associate Engineer $155 $160 $164 $169 $174
Staff Engineer $140 $144 $148 $153 $157
Financial Analyst $128 $132 $136 $140 $144
Senior Designer / Senior CADD
Technician $110 $114 $117 $121 $124
Designer / CADD Technician $102 $105 $109 $112 $115
Assistant Engineer $101 $104 $107 $111 $114
Engineering Technician $93 $96 $99 $102 $105
Engineering Aide $79 $81 $84 $86 $89
Office Support $79 $81 $84 $86 $89
Data or Word Processing $77 $79 $81 $84 $86
AKM

Staff
Year 1 Rate
(Fully Burdened Labor)
Year 2 Rate
at 3% Increase
Year 3 Rate
at 3% Increase
Principal-in-Charge 305.18$ 314.34$ 323.77$ Senior Project Manager 228.89$
235.75$ 242.83$
Project Manager 190.74$
196.46$ 202.36$
Deputy Project Manager 165.31$
170.27$ 175.38$
Creative/Tech Lead 165.31$
170.27$ 175.38$
Senior Project Coordinator 139.88$
144.07$ 148.39$
Senior Creative/Tech Coordinator 139.88$
144.07$ 148.39$
Project Coordinator 101.73$
104.78$ 107.92$
Creative/Tech Coordinator 101.73$
104.78$ 107.92$
Assistant Project Coordinator 71.21$

73.35$

75.55$

Arellano Associates Rate Schedule 2022

90 RATE SHEET
Please see the following Fee schedule for personnel assigned to projects for the City of montebello.
• the above hourly rates are fully burdened or loaded, including full compensation for all overhead and profit. Billing rates shall include provision for normal office costs, including, but not limited to: office rental, utilities, insurance, cell phone or radio, equipment, normal supplies and materials, in-house reproduction services, and local travel costs.
• the proposed hourly rates are guaranteed for the duration of the contract. • the above rates apply to any additional services needed beyond the scope of work.

JOB TITLE HOURLY (NOT TO EXCEED)
Principal architect $160.00
Project manager $150.00
Project designer $125.00
senior designer $110.00
senior technical $100.00
draftsman/autoCad operator $95.00
Other Technical Staff $85.00
structural Engineer $150.00
mechanical Engineer $160.00
Electrical Engineer $160.00
“Other” Sub-Consultant $150.00
Clerical Staff $80.00
Prints $0.50/s.f.

BLACk O’DOwD AND ASSOCIATES , INC.

DBA BOA ARCHITECTURE
1511 Cota avENUE
LoNg BEaCh, Ca 90813
Ph: 562-912-7900
POINT-OF-CONTACT:

Edward Lok Ng, PrEsidENt
Lok.Ng@BoaarChitECtUrE .Com

CITY OF MONTEBELLO

400 E Rincon St, Ste 202
Corona, CA 92879
Land Surveying – Pricing Proposal

Billing Rates
Project Classification/Title Straight Time Overtime
Principal In Charge $ 201.59 N/A
LS Project Manager $ 210.32 N/A
Survey Tech $ 134.39 $ 201.59 Certified Party Chief 1 $ 167.48 $ 251.22 Certified Party Chief 2 $ 154.04 $ 231.06 Party Chief $ 148.53 $ 222.80 Chainman $ 137.83 $ 206.75 Chainman App Step 1 $ 57.90 $ 86.85 Chainman App Step 2 $ 67.55 $ 101.33 Chainman App Step 3 $ 77.20 $ 115.80 Chainman App Step 4 $ 86.94 $ 130.41 Chainman App Step 5 $ 95.10 $ 142.65 Chainman App Step 6 $ 103.37 $ 155.06 Chainman App Step 7 $ 110.26 $ 165.39

We look forward to the opportunity to work with your firm. We are a Certified MBE SBE DBE firm and are a signatory to the Operating Engineers, Local 12 Labor Agreement.

Thank you for your consideration of this proposal. If you have any questions or would like additional information, please contact us at (909) 484-4200.

CL SURVEYING AND MAPPING, INC.

Lam Le LS 8231
DIR: 1000007166 Exp. 06/30/22
DBE 38284
President

17800 Newhope Street, Suite B, Fountain Valley, California 92708  Tel: (714) 751-3826  Fax: (714) 751-3928

EARTH MECHANICS, INC.

SCHEDULE OF FEES
June 2022 – June 2023

Classification Hourly Billing Rate
Principals $300
Principal Engineers/Geologists $300
Senior Engineers/Geologists $225
Senior Project Engineers/Geologists $193
Project Engineers/Geologists $175
Senior Staff Engineers/Geologists $159
Staff Engineers/Geologists $133
Senior Technicians* $154
Technicians* $77
Administrative Assistants* $129

* Non-exempt staff subject to overtime pay per California law.

Reimbursable Expenses
Auto mileage is invoiced at IRS rate per mile. Other travel-related expenses, shipping, reproduction, express mails, supplies and other reimbursable expenses will be invoiced at cost.

Subcontractors
Consultants and other outside services will be invoiced at cost.

Firm: GPA Consulting
Classification
Principal Environmental Planner 219.59$ (min) 334.93$ (max) Principal Architectural Historian 219.59$ (min) 334.93$ (max) Senior Associate Environmental Planner 159.69$ (min) 249.12$ (max) Senior Associate Architectural Historian 159.69$ (min) 221.44$ (max) Senior Associate Biologist 159.69$ (min) 221.44$ (max) Senior Environmental Planner 119.25$ (min) 179.92$ (max) Senior Architectural Historian 119.25$ (min) 179.92$ (max) Senior Biologist 119.25$ (min) 179.92$ (max) Senior GIS Analyst 119.25$ (min) 179.92$ (max) Associate Architectural Historian 97.27$ (min) 119.25$ (max) Associate Biologist 97.27$ (min) 119.25$ (max) Associate Environmental Planner 97.27$ (min) 119.25$ (max) Environmental Planner 59.87$ (min) 97.27$ (max) Biologist 59.87$ (min) 97.27$ (max) Architectural Historian, II 59.87$ (min) 97.27$ (max) Architectural Historian, I 58.13$ (min) 72.66$ (max) Project Coordinator 86.78$ (min) 119.25$ (max) Intern 55.36$ (min) 58.13$ (max)
Other Direct Costs to be billed At Costs
Postage/Delivery
Reproduction/Materials and Outside Copies
Travel (Airfare, Hotel, Rental Car)
Public Outreach Exhibits
Record Search
Permit/Filing Fees
Subconsultants
Mileage Costs - Billed as IRS Allowable
Fully Loaded Salary Rates
(Min - Max)

Standard Fee Schedule
LIN Consulting, Inc.

Standard Fee Schedule for Year 2022 – June 30, 2023

STAFF LEVEL HOURLY RATE

Principal $ 215
Senior Project Manager $ 205
Project Manager $ 195
Senior Engineer $ 185
Assistant Project Manager $ 170
Project Engineer $ 145
Assistant Engineer $ 120
Technical Support $ 100
Administrative Support $ 65

The above rates are effective to June 30, 2023. After the date specified, the labor rates may be adjusted to compensate for labor adjustments and other increases in labor costs.

The cost of printing, mileage, mailing and other expenses incidental to the performance of the services are not included in the hourly rates of above listed hourly rate schedule.

MONUMENT RIGHT-OF-WAY 2022 HOURLY RATE SCHEDULE Right of Way Management & Implementation Program Manager / Principal $250.00 per hour Senior Project Manager $180.00 per hour Senior Utility Project Manager $180.00 per hour ROW Project Manager / Utility Project Manager $155.00 per hour Utility Coordinator $105.00 per hour Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $125.00 per hour Acquisition Agent / Relocation Agent $105.00 per hour Project Coordinator / Researcher $90.00 per hour Project Support / Administrative Professional Staff $80.00 per hour Project Support Specialist $70.00 per hour The above hourly rates are exclusive of local travel/mileage, photocopying, first class postage and overnight courier service. These expenses including out-of-pocket expenses such as pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%). In the event Monument is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two times the regular hourly rates. In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract. Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge. Monument will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining unbilled amount of the project balance shall become immediately due and payable.

RATE SCHEDULE WORKSHEET
SOLICITATION NO. 22-8

TITLE OF SOLICITATION
City of Montebello On-Call Architectural and Engineering Design Services

NAME OF OFFEROR
TATSUMI AND PARTNERS, INC.

HOME OFFICE ADDRESS
49 DISCOVERY, SUITE 120, IRVINE, CA 92618

POINT OF CONTACT
NAME: BEVERLY KAWAMOTO
PHONE/EMAIL: 949-453-9901/[email protected] EMPLOYEE NAME CLASSIFICATION 2022 FULLY

LOADED RATE
David Tatsumi Senior Principal $288.42
Michael Aceves Senior Associate $177.91
Sambath Ork Senior Technical Staff $132.83
Jimmy Ogata Senior Designer $132.83
Weywantheawy Kang Technical Staff III $117.65
Kenton Quinn Technical Staff III $113.09
Alexa Miranda Flores Technical Staff I $92.60
Guadalupe Rodriguez Technical Staff I $92.60

REIMBURSABLES
GPS Tree Location Equipment As Needed: Rate/Day $123.91 Mileage 500 miles @ .585/mile $292.50

W. G. ZIMMERMAN ENGINEERING, INC.

7812Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
City of Montebello | On-Call Architectural and Engineering Design Services Standard Hourly Rate Sheet
Classification Rate
Principal $ 240.00/Hr
Registered Traffic Engineer $ 240.00/Hr
Senior Project Manager (Registered) $ 236.00/Hr
Project Manager (Registered) $ 215.00/Hr
Senior Project Engineer (Registered) $ 209.00/Hr
Project Engineer $ 175.00/Hr
Senior Associate Engineer $ 155.00/Hr
Senior Design Engineer $ 148.00/Hr
Design Engineer $ 143.00/Hr
CADD Manager/Senior Designer $ 148.00/Hr
Microstation CADD/Technician $ 148.00/Hr
Administration/Office Support $ 99.00/Hr

Non-Labor Expenses
Mileage (local) Federal Rate¢ per Mile
Printing Cost plus 5%
Reproduction (Blue lines) Cost plus 5%
Other Expenses (such as sub-consultants,
outside services or special equipment needs) Cost plus 5% *The above rates will be held for the duration of the contract.

ITEM # 21

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Arlene Salazar, Assistant City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: APPROVAL OF THE FISCAL YEAR 2022-23 ANNUAL PLAN FOR THE

LOS ANGELES REGION MEASURE W (SAFE, CLEAN WATER

PROGRAM) EXPENDITURES

DATE: May 24, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve the Fiscal Year 2022-23 Annual Plan for Los Angeles Region Measure W (Attachment A) that programs expenditures for the fiscal year; and

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

FISCAL IMPACT:

The Safe, Clean Water Program (SCWP) is estimated to generate up to $112.54 million in annual revenue for the entire County. The FY 2022-23 local return allocation for Montebello is estimated at approximately $930,084. The Fiscal Year 2023-24 Annual Plan provides an expenditure plan for this allotment.

The $930,084 in revenue will be recorded in Account No. 229-99-3630.70 (Special Revenue Measure W). The $930,084 in expenses will be recorded in Account No. 229- 30-315- 6040.10 (Outside Contracts). Subsequent budgets will include the anticipated revenue and planned expenditures in Fund 229.

BACKGROUND/DISCUSSION:

On November 6, 2018, Los Angeles County voters successfully passed Measure W.

Measure W established a parcel tax to fund projects and programs throughout the County to improve the quality of storm water runoff. The first annual parcel tax was collected on the tax bills for Fiscal Year 2019-20.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

Following the tax collection, SCWP revenues will be allocated as follows: 1) Ten percent (10%) to the Los Angeles County Flood Control District (LACFCD); 2) Forty percent (40%) to the municipalities within the District; and 3) Fifty percent (50%) to the nine watershed areas to fund regional watershed-based multi-benefit projects to be implemented by project developers, and to provide technical resources, and conduct scientific studies.

The transfer agreement (“Agreement”) for the Municipal Program required by the LACFCD in order to disburse funds to the municipalities on an annual basis was approved by the City Council on August 26, 2020. The Agreement for the Municipal Program will expire every four years, and funds received are to be used for implementation, operations and maintenance, and administration of eligible storm water quality improvement projects and programs as defined in the Agreement. The Agreement requires submittal of an Annual Plan that lists and describes the projects and programs the City plans to fund each year using Measure W funds.

On February 26, 2020, the City Council approved a Partnership Agreement with Los Angeles County for the East Los Angeles Sustainable Median Stormwater Capture Project. Construction of this $33.3 million project is complete. The City’s original contribution was $5,080,000; however, this contribution has been reduced to $4,532,423 as a result of the reconciliation of final project expenditures and available grant funding.

The City will also contribute annually for the operation and maintenance once the amount is determined.

Both the construction payments and the annual maintenance cost will be programmed from the Measure W fund and, therefore, will not impact the General Fund. The payment schedule per the terms of the agreement is as follows:

Invoice No. Amount Payment Date
1 $700,000 Paid, June 10, 2021
2 $800,000 Paid, June 9, 2022
3 $758,106 12/30/2022
4 $758,106 12/30/2023
5 $758,106 12/30/2024
6 $758,106 12/30/2025
Total: $ 4,532,424

The Annual Plan Program for FY 2022-23 includes the continued contribution to the East Los Angeles Sustainable Median Stormwater Capture Project in the amount of $758,106.

The balance of the annual funds is programmed for administrative programs, operation and maintenance activities related to regulatory compliance.

ENVIRONMENTAL:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 24, 2023

ANALYSIS:

N/A

SUMMARY:

Upon the approval of the City Council of the recommended action, staff will transmit the Annual Plan to the Los Angeles County, coordinate receipt of the annual funding allotment, and coordinate the completion of the activities listed in the Annual Plan.

ATTACHMENT(S)

1. Attachment A - Montebello Measure W Annual Plan 2022-23

NEXT STEPS:

N/A

City of Montebello SCW Program Annual Plan 2022-2023: Budget

For the upcoming fiscal year, the table below lists the expenditures, budgets for the expenditures, and total budget for the City's SCW Program Payment. Descriptions of the planned expenditures are included on the following pages .

Total Budget

$ 930,084
Expenditure Type Expenditure Name Expenditure
Budget
Project 1 East Los Angeles Sustainable Median Storm water Project $ 758,106 Program 1 Stormwater and Urban Runoff Monitoring an d Reporting $ 141,978 Program 2 Water Quality Programs Administration and Coordination $ 30,000

SCW Program Annual Plan 2022-2023: Description of Projects